International Day of the Girl: An Opportunity to address Female Genital Mutilation


by Melina Dunham, Advocacy Intern

October 11 marks the 6th annual International Day of the Girl. Today’s celebration aims to address both the challenges girls face and to promote their empowerment and uphold their human rights.

In this spirit, it is important to address the issues of women’s reproductive health and sexual violence which remain critical factors of gender inequality, particularly for the vulnerable populations SolidarityNow seeks to defend and support. One manifestation of profound discrimination, which is overlooked and stigmatized, is female genital mutilation (FGM). The World Health Organization defines FGM as “all procedures involving the partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons. Founded upon sociocultural and religious justifications, this practice has severe and traumatizing effects on the health, well-being, and safety of women in the short, medium, and long term”.

This summer, the European Institute for Gender Equality published a study on the risk of FGM in six Member States: Belgium, Greece, France, Italy, Cyprus, and Malta. The findings revealed that in Greece, an estimated 25% to 42% of migrant girls originating from FGM-practicing countries remain vulnerable to this horrific form of gender-based violence. Despite being condemned and criminalized at both the European and national levels, cases of FGM persist in Greece, partially due to a common practice where girls are temporarily returned to their home country to have the procedures performed.

Raising awareness for this practice is urgent because not only does it impact the health and safety of young girls, but also has profound lifelong repercussions on the survivors’ future agency and empowerment, across all aspects of their lives.

To put an end to this dangerous and dehumanizing practice, actions must be taken at the behavioral, community, and policy levels. The Istanbul Convention – which, among others, criminalizes FGM as a form of gender-based violence and establishes the obligation to recognize it as a form of persecution justifying the right to asylum – needs to be unanimously ratified and implemented by all Council of Europe Member States and the European Union itself. In June 2018, Greece became the 32nd State to ratify the Istanbul Convention – which has been already reflected in Greek criminal laws and entered into force on October 1, 2018. Beyond adopting a gender-sensitive asylum system that can protect the rights of women migrants and asylum-seekers facing FGM, irrespective of where the offense is committed, Greece can adopt prevention strategies and systems for better legal and health support. This should easily build off the “National Action Plan for Reproductive and Sexual Health”, developed in 2008 which has since expired.

At its core, FGM is a criminalized cultural practice that has serious physical and psychological consequences. For this reason, tackling behavioral changes and cultural norms is a critical first step. Examples of this include training staff working across all relevant sectors (education, health, asylum, social services) in gender-sensitive manners, and engaging men and religious community leaders to both effectively challenge misbeliefs and raise awareness on the psychosomatic consequences and stigmatization caused by FGM. To do so, however, the biggest barrier in Greece is related to data collection and availability; gathering the relevant statistics on the female migrant population and asylum applicants and all those originating from FGM-practicing countries will provide the quantitative foundation and information needed to both fill the gaps and push for policy change. Finally, a strong national Integration Action Plan, which SolidarityNow continues to demand, would tackle the underlying factors of FGM across all levels and eventually dissuade the continuing of the practice.

Conditions at Moria are “shameful”.

Giorgos Moutafis for SolidarityNow

19 NGOs decry conditions at the site, now worse than ever, and call for sustainable solutions to both decongest the islands and improve conditions across first receptions centres in North Aegean Sea.

Athens, September 13, 2018 – Over 17,000 people remain crammed in Greek island reception centers with a total capacity for only 6,000, living in desperate conditions which do not meet humanitarian standards. This, despite public assurances from the Greek Minister of Migration Policy, Dimitris Vitsas, that the islands would be decongested by September and that thousands of new places would be created on the Greek mainland. As conditions continue to deteriorate, 19 civil society organisations once again urge authorities to engage in the creation of sustainable solutions for the decongestion of the islands and to immediately improve reception conditions for refugees. It is nothing short of shameful that people are expected to endure such horrific conditions on European soil.

Moria, the first reception centre on the Greek island of Lesvos, recently described in a BBC report as “the worst refugee camp in the world,” is currently hosting almost three times its capacity. The sewage system does not work, and filthy toilet water reaches the tents and mattresses where children sleep. This, despite funds for sewage system improvement having been approved for some time. Reports of sexual violence and abuse are on the rise. The first reception centre on Samos is six times over its capacity.

In addition, chronic shortages in crucial staff are further exacerbated by the constant resignations of health professionals working in the island sites, who are resigning as a result of untenable working conditions. The Keelpno coordinator on Samos was recently quoted in the Greek press as saying that, despite Greece’s ongoing financial struggles, “medical staff prefer taking the road of unemployment, rather than having to work under such conditions”.  Earlier this week, staff at Moria staged a strike to protest conditions at the site. Also this week, the Prefecture of the Northern Aegean described Moria as “unsuitable and dangerous for public health and the environment,” and warned that the site would be closed in 30 days if sanitary conditions are not improved dramatically. In this environment, civil society organisations working on the islands also find it increasingly difficult to do their work.

There is no excuse for the shameful conditions in which thousands of people remain trapped in limbo while they wait out their asylum claims. The Greek authorities must take immediate and urgent action to ensure that refugees benefit from full access to their basic rights and that they are accommodated in dignified conditions, in accordance with national and international law. The relief measures promised by the Greek authorities to create thousands of additional safe and dignified accommodation spaces on the mainland and transfer people off the islands to the mainland must be implemented immediately as a matter of urgency. At the same time, EU leaders should urgently renew efforts to unblock discussions on the implementation of a fair and permanent mechanism of responsibility allocation within the European Union.

Help is no crime: stand with volunteers against the criminalisation of solidarity


The arrest of Sarah Mardini and Seán Binder is the latest case of a worrying trend towards the criminalisation of solidarity in Europe. The two volunteers were arrested by the Greek authorities on 21 August for helping refugees and migrants arriving by sea on Lesbos island. With this joint letter, European civil society organisations call on the Greek authorities to release Sarah and Sean while their trial is pending.

Sarah Mardini and Seán Binder – who are accused of smuggling by Greek Authorities – are currently in pre-trial detention. Sarah became known when she and her sister  pulled a boat to safety and saved a dozen refugees in 2015. Like many individuals and organisations providing support and first aid to migrants and refugees across Europe, the two volunteers could face jail time.

European civil society actors have continuously opposed the intimidation and punishment of volunteers and non-governmental organisations. State practices that criminalise EU citizens for their solidarity with migrants and refugees are intolerable and risk our fundamental European values of justice and human rights.

Charges against Sarah and Seán occur in a broader context of a pan-European trend towards criminalising solidarity. As part of the #WelcomingEurope European Citizens’ Initiative, hundreds of civil society organisations and thousands of European citizens are fighting back against these restrictive policies that have created a hostile environment for people who help refugees and migrants.

Through this official EU tool, 1 million signatures from European citizens have the power to get the European Commission to comply with our joint-demand: end the criminalisation of solidarity acts across Europe.

 

Join the call to #FreeSarahAndSean
Tell EU leaders that helping people in need is no crime by signing the petition: www.weareawelcomingeurope.eu


Follow and share: #HelpIsNoCrime #FreeSarahAndSean

Signatories

1.    Migration Policy Group

2.    Picum

3.    VolontEurope

4.    JRS

5.    Emmaüs Europe

6.    AEDH

7.    Sick of waiting

8.    CCME

9.    Migrant Voice

10.  International Committee on the Rights of Sex Workers in Europe

11.  Refugees Welcome Denmark

12.  Maisha e.V. African Women in Germany

13.  Association for Integration and Migration

14.  Federación SOS Racismo

15.  Center for Legal Aid – Voice in Bulgaria

16.  FLEX

17.  La Strada International

18.  Consortium of Migrants Assisting Organizations

19.  Health Centre for Undocumented Migrants

20.  Medinetz Mainz e.V.

21.  Verenigde Protestantse Kerk in België – Eglise Protestante Unie de Belgique

22.  Jugendliche ohne Grenzen – Youth without borders

23.  Rosengrenska

24.  LEGIS Volunteers

25.  Medibüro Kiel e.V

26.  Secours Catholique

27.  Parents International

28.  Borderline-Europe

29.  Afrique Culture Maroc

 

 

30.  Stichting LOS

31.  SB OverSeas

32.  The Salvation Army Europe

33.  ForumFer

34.  Menedek

35.  J&P

36.  SOS Racism

37.  ASTI

38.  Greek Council for Refugees

39.  Mundo en Movimiento

40.  SolidarityNow

41.  HIAS

42.  Human rights league

43.  La Cimade

44.  Oxfam Belgium

45.  Passerell

46.  Liga voor de Rechten van de Mens – Dutch League for Human Rights

47.  CNCD

48.  Positive Action

49.  European Network of Migrant Women

50.  New Europeans

51.  Hellenic League for human rights

52.  LIDU- Lega italiana dei Diritti dell’Uomo

53.  Oxfam Germany

54.  Welcoming Europe: Per un’Europa che accoglie

55.  Réseau Education Sans Frontières

56.  Ligue des droits de l’Homme

57.  League for Human Rights – Civitas

58.  ENAR

59.  JRS Greece

60.  The Greek Forum of Refugees

NGO statement on the closure of PIKPA solidarity camp


We, the undersigned organizations active in human rights and humanitarian aid, urge the Regional Governor of the North Aegean Region to re-examine her decision to suspend the operations of Lesvos Solidarity in the area of PIPKA on the island of Lesvos.

PIKPA, an open, self-organised solidarity space, has provided essential services and assistance to refugees on Lesvos since 2012.  In 2016, the UNHCR awarded the Nansen Refugee Award to one of the co-founders of PIKPA, in recognition of their work saving lives and providing a haven for the most vulnerable during the refugee ‘crisis’ in 2015. We urge the Greek Government to continue supporting the outstanding contributions of PIPKA and the Greek citizens who have displayed thousands of acts of solidarity, humanity and compassion towards refugees. These voluntary acts by ordinary Greek people are a source of national pride and international recognition.

If PIPKA is closed, it is currently unclear where the existing residents would be transferred.

However, returning to Moria would endanger the physical and mental health of the residents and should be avoided at all costs. The authorities should cease transfers of new arrivals to Moria and expedite transfers out of the facility to safe accommodation elsewhere. Immediate improvements to the conditions in Moria must be prioritized to ensure access to safe accommodation and basic services for those forced to reside there.

Taking into account all of the above, the number of reports drawn up by international organizations, including the recent observations from the Council of Europe’s Commissioner for Human Rights, as well as the experience of many of us through our programs on Lesvos since 2015, we call on the Regional Governor to reconsider her decision to close PIKPA.

————————————————————–

Camp Fire Innovation

Caritas Hellas

Comisión Española de Ayuda al Refugiado (CEAR)

Danish Refugee Council (DRC)

Greek Council for Refugees

HIAS

International Rescue Committee (IRC)

Jesuit Refugee Services (JRS)

Oxfam

SolidarityNow

Terre des Hommes Hellas

#savepikpa

Giorgos Moutafis for SolidarityNow

Η Λέσβος έχει ταυτιστεί με την αλληλεγγύη. Οι εικόνες του νησιού και των κατοίκων του ταξιδεύουν σε ολόκληρο τον κόσμο δείχνοντας τι σημαίνει να στέκεται κανείς στο πλευρό των πλέον ευάλωτων συνανθρώπων μας. Η δομή της Αλληλεγγύης Λέσβου (ΠΙΚΠΑ) έχει υπάρξει εδώ και αρκετά χρόνια το καταφύγιο για εκατοντάδες ανθρώπους –κάποιοι από αυτούς ιδιαιτέρως ευάλωτοι- και έχει γίνει διεθνές σύμβολο αλληλεγγύης. Η είδηση για το κλείσιμο της σε μία περίοδο που η δυναμικότητα της Μόριας έχει ξεπεραστεί κατά σχεδόν τρεις φορές αποτελεί ένα ακόμη πλήγμα στην ανάγκη να εκφράσουμε έμπρακτα την ανθρωπιά μας και δημιουργεί εύλογα ερωτήματα.

Στηρίζουμε την έκκληση του #welcomingEurope για να δηλώσουμε όλοι μαζί ότι ως ενεργοί ευρωπαίοι πολίτες που στηρίζουν το εγχείρημα του ΠΙΚΠΑ καθώς και οποιαδήποτε προσπάθεια ανακούφισης του ανθρώπινου πόνου, θα συνεχίσουμε να υψώνουμε τη φωνή μας με κάθε τρόπο καθώς τώρα η ανάγκη ύπαρξης χώρων αλληλεγγύης και αξιοπρεπούς διαβίωσης είναι μεγαλύτερη από ποτέ.

Υπογράφουμε την έκκληση εδώ: https://www.weareawelcomingeurope.eu/el/

Διαβάζουμε την ανακοίνωση του ΠΙΚΠΑ για την απόφαση της Περιφέρειας Λέσβου να κλείσει τη δομή, εδώ: https://lesvossolidarity.org/…/apantisi-se-anakoinosi-tis-p…

Για την ιστορία:

Η Αλληλεγγύη Λέσβου (ΠΙΚΠΑ) είναι ένας ανοιχτός καταυλισμός προσφύγων στη Μυτιλήνη που παρέχει ανθρωπιστική βοήθεια στους πλέον ευάλωτους πρόσφυγες, όπως σε οικογένειες με παιδιά, έγκυες γυναίκες, πρόσφυγες με ειδικές ανάγκες, πρόσφυγες που υποφέρουν από σοβαρά προβλήματα υγείας και θύματα ναυαγίων που έχασαν τους αγαπημένους τους στη θάλασσα. Η δράση της είναι παγκοσμίως γνωστή και έχει βραβευτεί από πολλούς φορείς.
Ο κύριος στόχος της Αλληλεγγύης Λέσβου είναι να σταθεί με ανθρωπιά δίπλα στους πρόσφυγες και σε όσους βρίσκονται σε ανάγκη προσφέροντας καταφύγιο, προστασία και αφύπνιση με βάση τις αρχές της αλληλεγγύης, του σεβασμού προς την ανθρώπινη ζωή, της μη- διάκρισης, της μη- βίας και του εθελοντισμού.
Η Αλληλεγγύη Λέσβου υποστηρίζει τους πρόσφυγες έμπρακτα και μάχεται ενάντια στις τρέχουσες ευρωπαικές μεταναστευτικές πολιτικές. Στα πιστεύω της είναι ότι κανένας άνθρωπος δεν είναι παράνομος και ότι τα σύνορα πρέπει να είναι ανοιχτά για όλους.
Πριν λίγες ημέρες η Περιφέρεια Λέσβου ανακοίνωσε το κλείσιμο του ΠΙΚΠΑ με την αιτιολογία κάποιων παραβάσεων που διαπιστώθηκαν στη δομή, όπως η μη ύπαρξη προστατευτικών πλεγμάτων – σίτες στο χώρο της διανομής τροφίμων, η διαρροή σε δεξαμενή αποθήκευσης νερού για τα πλυντήρια και οι ελλείψεις στην κοινή κουζίνα στην οποία μαγειρεύουν οι πρόσφυγες. Οι παραβάσεις ελήφθησαν αμέσως υπόψη από τις ομάδες και τους εθελοντές και έχουν ήδη αποκατασταθεί. Είναι εύλογα τα ερωτήματα που προκύπτουν σχετικά με την παρέμβαση της Υγειονομικής Υπηρεσίας και της εξάντλησης της αυστηρότητας της Περιφέρειας στο ΠΙΚΠΑ, σε αντίθεση με την ανοχή που δείχνει στις συνθήκες υγιεινής στον χώρο της Μόριας οι οποίες καθημερινά καταγγέλλονται από ντόπιους, φορείς, κατοίκους, οργανώσεις και από τον διεθνή και τοπικό τύπο. Έχουν διεξαχθεί έρευνες από το Υγειονομικό για την Μόρια; Τί μέτρα έχουν λάβει οι αρμόδιες υπηρεσίες και η Περιφέρεια; #savepikpa

#weareawelcomingEurope @ #21stAntiraFestAthens 


#weareawelcomingEurope, goes @ the #21stAntiraFestAthens !

We are waiting for you at our booth to talk about the European Citizens’ Initiative and how you can help us decriminalize solidarity!

If the idea of being prosecuted for providing help to refugees seems appalling to you, you have to join our efforts!

Let’s start from the 21st Antiracist Festival, from 29 June to 1st of July.

Learn more on the campaign at https://www.weareawelcomingeurope.eu/el/

SolidarityNow calls for immediate actions to improve the living conditions of refugees at Thiva’s Open Accommodation Site

Giorgos Moutafis for SolidarityNow

The recent death of the three-year-old boy, at Thiva’s Open Accommodation Site, is a fact that must signal the danger to all of us and activate the authorities to prevent such tragic events in the future, SolidarityNow states. Moreover, it underlines the need for immediate action to improve people’s living conditions in the site.

SolidarityNow is present in the site with an experienced team providing a wide range of free supporting services; based on the refugees’ needs, we are deeply concerned about the following:

– the accommodation of people with severe medical problems and pregnant women at the Center, under inappropriate conditions where their basic needs are not met, and a dignified life is not secured

– serious deficiencies in the provision of primary healthcare, including the absence of refugee transport at Thiva’s public hospital. The currently provided medical services, including pharmaceutical care, remain unsatisfactory and do not respond to the population’s needs.

– the lack of regular and free means of transportation to the city center, which forces people into isolation while also causing particularly vulnerable population groups (elderly, children, patients) to walk long distances in often dangerous conditions.

The organizations which operate daily in refugee and asylum seekers’ accommodation sites have one common goal: to protect people’s lives and not being faced with the death of people seeking a new life in our country.

We, at SolidarityNow, express our deepest condolences to the little boy’s family. His loss is a loss for all of us.


*SolidarityNow intervenes at Thiva’s Open Accommodation Site since June 2017, by providing supporting services to vulnerable population groups – families and children – through the Family and Child Support Hubs (the program is being implemented with the support of Unicef).

Let us help them!


Greece joins a pan-European coalition that aims to reflourish solidarity and respect towards refugees

Athens, 23rd May 2018 – For the first time, a coalition of 130 civil society organisations have launched a European Citizen’s Initiative (ECI) for a shift in migration policy. The aim of the We are a Welcoming Europe campaign is to collect 1 million signatures in at least 7 Member States; compel Europe to consider our proposals; and adopt a more humane and realistic approach towards the major challenge of migration.

The campaign that is being launched today in Greece with the support of several civil society organisations, is based on two main principles: it seeks to put the European citizen at the heart of migration policy and to reinforce the rights of migrants and refugees. Through this initiative, European citizens are given the chance to have a more active role in shaping migration policy at the local and national level. The campaign has three specific requests:

  1. Support the citizens and volunteers that want to help refugees;
  2. Put an end to the “crime of solidarity” which is in practice by several EU Member States, including Greece;
  3.  Ensure respect for the fundamental rights of migrants and asylum seekers, by reinforcing the complaint mechanisms regarding labour exploitation and other abuses by European border guards.

Sign the petition now

At the turn of the 21st century, migration has become a major issue for our societies. It is becoming increasingly clear that an appropriate response can only come from a common European policy. However, Member States have not had a coordinated response on the issue of the reception of men, women and children who are fleeing all kinds of violence and look for safety in Europe.

On 15 December 2017, seven European citizens submitted to the European Commission the first European Citizen’s Initiative on migration. They represent the voices of all those who disagree with Europe’s migration policies and aim to initiate together a policy shift. Today, we, the citizens of Greece and Europe, are raising our voices so that we can welcome and advocate for those who are in need, regardless of their legal status or nationality and without fear of being prosecuted.

The first partner organisations in Greece:

Actionaid

Caritas Hellas

Greek Forum of Refugees

HIAS

Jesuit Refugee Service

Klimaka

SolidarityNow

Terre des hommes

Greece: Government Defies Court on Asylum Seekers

Giorgos Moutafis for SolidarityNow

Reinstates Containment Policy That Keeps People Trapped on Islands

(Athens, April 25, 2018) – The Greek government’s move on April 20, 2018, overturning a binding court ruling ordering it to end its abusive policy of trapping asylum seekers on Greece’s islands raises rule of law concerns, 21 human rights and humanitarian organizations said today.

Rather than carrying out the April 17 ruling by the Council of State, the country’s highest administrative court, the government issued an administrative decision reinstating the policy, known as the “containment policy.” It also introduced a bill on April 19 to clear the way to restore the policy in Greek law. Parliament members should oppose such changes and press the government to respect the ruling.

Parliament began discussing the draft law on April 24. But the government has preempted the debate on the bill, including the issue of the containment policy by reinstating it. On April 20, the new director of the asylum service reissued an administrative order setting down the reasons for the containment policy. Among grounds given to justify the restrictions imposed by the policy are the need to implement an EU-Turkey deal on migration and a broader public interest claim. But the decision goes against the Council of State ruling and Greece’s responsibilities under international, EU and Greek law, as it offers insufficient justification for the restrictions, the groups said.

The Council of State’s April 17 ruling said that Greece’s containment policy had no legal basis and that there were no imperative reasons under EU and Greek law justifying the restrictions to the freedom of movement of asylum seekers. It ordered the annulment of the administrative decision imposing the restrictions and permitted the free movement of asylum seekers arriving on the islands following the ruling’s publication. The ruling also highlighted that the disproportionate distribution of asylum seekers has overburdened the islands. The ruling is limited, however, applying only to new arrivals.

The draft law is currently being discussed before the parliament’s Standing Committee for Public Administration, Public Order and Justice and will be debated by the full parliament in the coming weeks. The bill seeks to provide a legal basis for the containment policy. It would incorporate into domestic law EU Directive 2013/33, which sets standards for the reception of asylum seekers. While the draft bill would possibly bring some improvements to the Greek reception system, the directive allows restricting the movement of asylum seekers when the government considers it necessary for rapid processing and effective monitoring of claims. The Greek government presumably believes that the legislation would provide a stronger legal basis for maintaining the containment policy.

Greece’s abusive containment policy was put in place in March 2016, with the support of the European Union and its member states. By the latest government count, more than 15,400 asylum seekers are on the Greek islands. Many are living in crowded and filthy processing centers, and many spent the winter in lightweight tents or even sleeping outside on the ground. The Greek government contends that the containment policy is necessary to carry out its commitment under the March 2016 EU-Turkey migration deal, under which asylum seekers must be returned to Turkey to have their asylum claims processed there, although the text makes no reference to such a policy.

The case was brought before the Council of State by the Greek Council for Refugees, a non-governmental organization providing legal support to asylum seekers. Nongovernmental groups began a campaign to #OpenTheIslands in December 2017, calling on Greece and its EU partners to transfer asylum seekers to the mainland before winter and end the containment policy.

In seeking to justify the containment policy, the Greek government, EU institutions, and governments point to increasing numbers of migrants and asylum seekers crossing the Aegean Sea, some fleeing intensified conflict in Syria. Yet there is no evidence that lifting the containment policy would be a pull factor, as Greece and others claim, especially given the largely closed borders along the Western Balkan migration route into Western Europe.

It is evident that the Greek authorities cannot meet the basic needs and protect the rights of asylum seekers while they remain on the islands, the groups said. The containment policy traps people in conditions below EU minimum standards, impedes their access to necessary services, and denies them access to fair and efficient asylum procedures because of the overcrowding on the islands and the lack of basic services.

Rather than restoring its abusive containment policy, the Greek Government should respect the rule of law, immediately carry out the Council of State ruling by allowing asylum seekers to move to the mainland, and along with its EU partners ensure protection for all asylum seekers in Greece, the groups said.

The government should rapidly expand safe accommodation and access to services on the mainland and create a system to move people quickly to mainland accommodation that provides for their medical and mental health needs while their asylum application is processed. The EU should look at sharing responsibility across member states and increasing availability of more safe and legal channels into the EU.

Containing asylum seekers on the Greek islands in substandard and appalling conditions that violate their rights and Greece’s international obligations cannot be justified for migration control purposes, the groups said.

 

Organizations Signing the Statement:

Advocates Abroad

Amnesty International

AEDH (Association Européenne pour la Défense des Droits de l’Homme)

Caritas Hellas

European Council on Refugees and Exiles (ECRE)

EuroMed Rights

FIDH (International Federation for Human Rights)

Gisti (Groupe d’information et de soutien des immigrés)

Greek Council for Refugees

Greek Forum of Refugees

Greek Helsinki Monitor

Human Rights Watch

HumanRights360

Jesuit Refugee Service

Lesbos Legal Center

Oxfam

PRAKSIS

Refugees International

Refugee Rights Europe

SolidarityNow

Terre des Hommes

GEOGRAPHICAL RESTRICTION OF ASYLUM SEEKERS ON THE GREEK ISLANDS: WHAT IS THE IMPACT OF THE RECENT GREEK COUNCIL OF STATE’S DECISION?

Giorgos Moutafis for SolidarityNow

Athens, April 19, 2018

SolidarityNow welcomes Ruling No 805/2018 of the Greek Council of State (the country’s Supreme Administrative Court) (“the Ruling”), which annuls the Asylum Service’s Decision (No 10464/31.5.2016) imposing geographical restrictions on six islands of the Eastern Aegean Sea (Lesvos, Samos, Chios, Leros, Rhodes and Kos). The case was brought forward by the Greek Council for Refugees.

The Ruling lifted the geographical restrictions on asylum seekers arriving to the islands from now onwards, given that the contested Asylum Service Decision did not set out the legal grounds for imposing such restrictions on asylum seekers’ freedom of movement and their confinement in Reception and Identification Centers (hotspots) on the islands (the so-called “containment policy”). In addition, the Ruling highlighted that the regime of geographical restriction within the aforementioned islands has resulted in unequal distribution of asylum seekers across the national territory, over-burdening and exercising significant pressure on specific regions.

Insofar there are no imperative reasons of public interest and migration policy that would justify restricting applicants of international protection to the Greek islands, the Court decided to annul the administrative decision imposing such restrictions and ordered the free movement of asylum seekers arriving to the islands following the Ruling’s publication. The Ruling, however, does not have retroactive effect, i.e., the geographical restriction will continue to apply to over 13.000 asylum seekers currently residing on the islands.

SolidarityNow greets the Ruling as a victory for human rights and asylum law in Greece, in line with our organization’s continuous pressure against the containment policy – through joined letters to the authorities (see here and here) and the #OpenTheIslands campaign, supported by many organizations during 2017.

However, we express our concerns regarding the implementation of the Ruling by the Greek Government and competent authorities:

  • Firstly, the Ruling has no retroactive effect, which results in unequal treatment between asylum seekers already restricted on the islands, on one hand, and those who come after the Ruling and can freely move. Such discrimination could be explained by the difficulty around the immediate decongestion of the islands and the need to organize proper accommodation in the mainland. This could be resolved only by a Government decision providing for a timely and gradual decongestion of the islands, as part of a well-organized, nation-wide plan.
  • Secondly, the Ministry of Migration Policy (“MoMP”) seems to be planning the imposition of geographical restrictions anew, on the basis of a law transposing EU Directive 2013/33. The draft law is already submitted to the Greek Parliament for voting (see the MoMP’s announcement in response to the Ruling).

Thus, we are keen to see how the Ruling will be implemented, anticipating the free movement of newly admitted asylum seekers on the Greek islands until the draft law is adopted, and geographical restrictions are potentially re-imposed by an executive decision of the Greek administration.

SolidarityNow strongly opposes the creation of a “multi-speed” asylum system, which randomly favors certain asylum seekers while violating the rights of others and transforming the Greek islands to “buffer zones”. We insist on the need to lift geographic restrictions altogether, along with the adoption of a strategic, long-term plan – at both national and European level – for an equal and fair distribution of refugees and asylum seekers throughout the Greek and EU territories, in accordance with the principles of refugee law and with respect for human rights.