Family reunification and resettlement procedures for accompanied and unaccompanied minors


On 11 May 2017, the Greek Ombudsman in the framework of his institutional mission for the protection and promotion of children’s rights, addressed in a letter to the Central Asylum Service a series of findings and proposals on family reunification and resettlement procedures for accompanied and unaccompanied minors. These are based on cases that have been investigated recently, as well as information and data from the Network for Children’s Rights, a member of which is Solidarity Now.

Letter in Greek

RACIST VIOLENCE RECORDING NETWORK PRESS RELEASE: ATTACKS AGAINST ASYLUM SEEKERS ON LEROS


The Racist Violence Recording Network (RVRN) condemns the attacks against Palestinian, Syrian and Iraqi asylum seekers, including a trans woman, that took place last week on Leros. According to the RVRN recordings, six (6) distinct attacks were perpetrated between midnight of May 2nd and the evening of May 4th. Three (3) incidents took place within a short period of time and targeted groups of persons on their way to the Reception and Identification Center (RIC), at Lepida. In the majority of the incidents, the victims report that they were attacked by motorcycled groups of persons using sharp and other objects. In one incident, a pregnant woman declared that she was targeted due to her hijab. In most of the cases, the victims were hospitalised, while the police were notified and some of the victims gave a deposition.

The RVRN recalls that the modus of taking the victims by surprise and the attacks by motorcycled groups against small groups of refugees on their way to Lepida was recorded and reflected in the 2016 Annual Report. Hence, it seems that it is a practice that reappears when circumstances allow it. It raises serious concerns that the facts of these cases indicate that these are organized attacks with a predetermined modus operandi and motivation.

The RVRN reiterates that in some sensitive areas where the host community, as well as trapped refugees and migrants, are under pressure, inertia or tolerance towards racist attacks with a view to reduce tensions may encourage impunity. As the problems related to the management of the refugee and migrant population remaining in uncertainty at the entry points for a long period of time increase, the risk of a rise in racism increases as well. However, these problems do not justify the perpetration of or the impunity for racist attacks.

The RVRN through its members stands by the victims and will continue to provide them with any possible assistance, including legal aid. The RVRN will monitor the investigation of these cases and will help the authorities to combat racist violence and to investigate the racist motivation of these cases. Finally, the Network RVRN urges the Greek authorities to take all appropriate steps so as to ensure that the victims receive all appropriate support and protection.

PRESS STATEMENT: 15 NGOs Decry New Policy Limiting Asylum Seekers in Exercising their Right to Appeal

Giorgos Moutafis

On 9 May 2017 Solidarity Now and 14 more NGOs urge the Greek Government to immediately reverse the recent policy excluding asylum-seekers on the Greek islands who appeal negative asylum decisions from the possibility of participating later on in the International Organisation for Migration’s (IOM) Assisted Voluntary Return and Reintegration (AVRR) programme and forcing those who wish to participate to forego their right to appeal.

The organisations are concerned that the new policy has both a coercive effect on an asylum seeker’s decision to appeal a negative decision, thereby jeopardizing the right to a fair asylum process as provided by EU law, and also on their decision to return to their country of origin. In addition, this policy presents a high risk of refoulement, given that it can result in asylum seekers with strong asylum claims, who may nevertheless have received a negative first instance decision, to drop their right to appeal. The 15 NGOs also give recommendations

The joint statement includes recommendations to the relevant authorities to enable safe, dignified, and sustainable return for all migrants.


15 NGOs urge the Greek Government to immediately reverse the recent policy excluding asylum-seekers on the Greek islands who appeal negative asylum decisions from the possibility of participating later on in the International Organisation for Migration’s (IOM) Assisted Voluntary Return and Reintegration (AVRR) programme and forcing those who wish to participate to forego their right to appeal. The decision follows the direction set by the recommendations in the European Commission’s and Greek Government’s Joint Action Plan on the European Union (EU) – Turkey Statement of 18 March 2016, which aims to limit the steps in the appeals process and remove so called “administrative obstacles to swift voluntary return”.

IOM’s AVRR programme provides migrants who cannot or no longer wish to remain in a host country with the support to return and reintegrate into their country of origin. According to IOM, “voluntariness remains a precondition for all its AVRR activities.”[1]

In direct contradiction to this precondition however, the recently announced policy restricts access to AVRR on the Greek islands as of early April, by dictating that, upon receipt of a negative first instance decision (i.e., inadmissible or rejection on merit), asylum seekers are provided with a choice: appeal this decision as per their right under Greek, EU, and International Human Rights law,[2] or forego their right to appeal and benefit from the AVRR package (which includes €1,000). If they ultimately choose to exercise their right to appeal, they lose the opportunity for future AVRR, and if their appeal is negative, they face deportation to Turkey. This policy is not applicable for those on the Greek mainland who remain eligible for AVRR after having appealed their negative asylum decision. Under the new policy, individuals are meant to be given five days to decide. However, nongovernmental organisations (NGOs) have already received reports of people being pressured, without allowing time to consult with a lawyer, to make the decision on the spot.

We are concerned that the new policy has both a coercive effect on an asylum seeker’s decision to appeal a negative decision, thereby jeopardizing the right to a fair asylum process as provided by EU law, and also on their decision to return to their country of origin. In addition, this policy presents a high risk of refoulement, given that it can result in asylum seekers with strong asylum claims, who may nevertheless have received a negative first instance decision, to drop their right to appeal.

This new policy is the latest in a series of steps being taken to make access to asylum in Europe more difficult, as outlined in numerous NGO reports[3]. Europe has a long history of commitment to protecting and upholding human rights, and has the means to fulfill its responsibility to provide international protection for people seeking it through procedures that are not prejudiced, do not discriminate, and do not apply duress to influence the outcome. Instead, these measures would limit the number of people who appeal, pressuring people in need of international protection to give up their claim. Seeking to manage migration at the cost of undermining or compromising asylum norms, sets a dangerous precedent for the rest of the world to follow.

Everyone applying for asylum should be able to exercise their right to an appeal without foregoing the opportunity to seek AVRR at any point during and after the asylum process. Any person deciding to return home with the assistance of IOM should be able to do so free of duress and in full respect of their basic human rights. Any policy suggesting otherwise threatens to not only jeopardize the integrity of the AVRR programme, but also the asylum procedure in Greece and in turn, the right to asylum in Europe.

 

RECOMMENDATIONS:

Any decision to exercise the right to appeal or to benefit from AVRR must be voluntary and non-coerced. IOM’s AVRR programme should be available to all migrants at any time to enable safe, dignified, and sustainable return, whether or not they have applied for asylum.  As such:

  • The Greek Government should reverse the recent policy limiting a person’s eligibility for AVRR.
  • The Commission should urgently assess compatibility of this practice with EU asylum law and the right to an effective remedy.
  • IOM and UNHCR should work together and more vigorously with the Commission and Greek Government to assess the impact of the new policy on asylum seekers’ decision-making, to ensure that the AVRR programme and its implementation under this new policy does not jeopardize the right to claim asylum and protection.
  • The Commission and Greek Government should put in place monitoring and accountability mechanisms to monitor the asylum procedures on the Greek islands, including those that allow for migrant feedback directly to the Greek Ombudsman.
  • The Commission and Greek Government should meet regularly with UN agencies and NGOs to allow for feedback on how policies may impact people and their rights. Consultations should take place regularly before policies are enacted so as to ensure they will not be harmful.

Signed by:

  1. ActionAid
  2. Advocates Abroad
  3. Amnesty International
  4. CARE
  5. Diotima
  6. Greek Council for Refugees
  7. Greek Forum of Refugees
  8. Human Rights Watch
  9. International Rescue Committee
  10. Jesuit Refugee Services
  11. Legal Centre Lesbos
  12. Norwegian Refugee Council
  13. Oxfam
  14. Save the Children
  15. Solidarity Now 

[1] https://www.iom.int/assisted-voluntary-return-and-reintegration

[2] Greek Law 61 of 4375/2016; Article 46 of the EU Asylum Procedures Directive which follows the wording of Article 47 of the EU Charter of Fundamental Rights. The directive requires EU Member States to allow applicants to remain in their territory until the time limit to lodge an appeal has expired as well as pending the outcome of an appeal. The right to appeal within the ICCPR Article 2 Para 3.

[3] ‘The Reality of the EU – Turkey Statement: How Greece has become a testing ground for policies that erode refugee protection  – IRC, NRC, Oxfam; ‘A Blueprint for Despair: Human Rights Impact of the EU-Turkey Deal’ -Amnesty International; `A tide of self-harm and depression – The EU-Turkey Deal’s devastating impact on child refugees and migrants’ – Save the Children.

Refugee Crisis and Integration

Steven Tagle

by George Kanaris, Social Services Coordinator at SolidarityNow’s Athens Solidarity Center.

The integration of the newly arrived refugees is one of the biggest challenges that the Greek society will face in the coming years.

Quite a big part of the currently residing in Greece refugees will be relocated in other countries, another big part will be rejected and sent back to their countries of origin. Still an important proportion of the presently asylum seekers will be granted with asylum and will be settling down in Greece.

How ready the Greek society is to integrate these people and make them part of their own society? At what extent are we prepared to accept them and create a fertile ground for them? Is there any chance for the masses of Syrians, Iraqis, Pakistanis and Afghanis and all the other nationalities to become Greek citizens and have equal rights and obligations with the Greek nationals? This is a very complex subject and no easy answer is available for the all above questions.

Many different factors must be taken into consideration e.g. the deep crisis that the Greek society faces the last decade without any clear solution soon, the cultural gap between the country of origin and the host country, the differences in language, religion, mentality that many times prevent or even hinder the integration.

Still, what is our role as host community and what are we doing to facilitate the process and create favorable conditions for their becoming equal members of the Greek society, safeguard their future and prevent them from discrimination and social and professional isolation? One more time, the answers are not easy to articulate.

Despite the difficulty and complexity of the topic, we will try to set priorities and highlight the different aspects that should be taken into consideration when we talk about integration of the refugees.

The very first step in settling somewhere is the languages and communication. When discussing integration, learning the language of the host community is often the first topic to come in mind. Language skills is the key enabler to do all the other things necessary to start a life, like attending schools, looking for a job or interacting with host communities. Education and job opportunities are very often hindered because of the language barrier.
The second step in settling somewhere is the access to public services in building a state – citizen relationship and generating trust in government and other institutions. Asylum seekers and recognized refugees need additional support to access services such as housing, healthcare and schooling at the beginning of their integration process, as they don’t have the same facilities as locals do. Stability is key for them to start thinking about moving ahead with their lives. They need stability during and after the asylum procedure, with access to decent accommodation so that they can then look for a job or start studying the local language. The relationship with host communities is a cornerstone for their integration. Refugees are often treated disrespectfully and unfairly because of discriminatory attitudes and prejudices of the host community based on their culture and religion. The cultural gap and the lack of tolerance and openness to accept and integrate the different hinders the integration. After all integration is all about proper behavior, dignity and acceptance. Treating the foreigners with humanity and respecting their cultural and religious differences, trying to understand them and making them part of our own community.
Job access and activity opportunities is another significant factor for the integration. The refugees as anybody else need economic independence which is very difficult to achieve because of legal or qualification barriers. On the top of that easy access to activities like sports, language learning and training facilitates the integration and changes the routine that becomes depressingly monotonous after months, triggering psychosocial problems. People stay idle all day for a long period either waiting desperately for the answer of their asylum request or for their relocation. They don’t adopt any activity or invest any energy, in the local language for instance, as they don’t know which will be their destination country. This uncertainty and state of limbo in between different countries and cultures doesn’t help them to feel part of the community and be integrated in it. The often-traumatic experiences of refugees on their way from the country of origin renders safety, peace and security a priority in the destination country. Nevertheless, this is frequently difficult to guarantee. Being stranded in camps and squats, trying to survive many times under inhuman living conditions, they feel that the rule of law doesn’t apply to them and they have nowhere to report abuses, fights and other forms of violence. Tensions between communities and a general lack of security provisions make them feel unsafe and abandoned. They even blame the host community for increasing tensions and resentment between communities and different tribes because of perceived differences in treatment between nationalities.
Finally, the social bonds and connections is a primal aspect of the integration of refugees. The presence of family and friends is indispensable when it comes to settling anywhere. Family reunification is often their priority and waiting for this kind of major decision is preventing them from looking to the future. The presence of social bonds and connections is helpful for smooth integration but when it comes to refugees it usually becomes particularly difficult who are often physically isolated from cities and other hubs of human activity. Overall, a sense of uncertainty is preventing the refugees from moving ahead with their lives and hoping for a better future.
The prospects for integration of many asylum seekers and refugees seem low in reception countries and there is lack of long term planning by government authorities on this issue so far. However, ideas for better integration need to involve refugees themselves so they feel a sense of ownership. It would give an awareness and acceptance of the difficulties involved and allow authorities, agencies and organizations to work together with the refugees in developing solutions, rather than them being mere recipients.

Finally, the integration of refuges depends a lot on our own preparedness, cultural sensitivity and openness as host community and individuals. It depends a lot on our capacity to understand, respect and accept. And ultimately that becomes a process of self-awareness and discovery of our own limits. 

Racist Violence Recording Network: Annual Report 2016


The Racist Violence Recording Network (RVRN) presented on 4.4.2017 its 2016 annual report, analyzing the quantitative and qualitative findings of racist violence and hate crime recordings by the 37 organizations participating in the Network, including Solidarity Now.

The RVRN recognized that positive steps had been taken in combatting racist violence and urged the State to intensify its efforts towards two goals. First, to put an end to impunity for racist attacks and to support victims. Second, the State must act preemptively by deepening targeted policies for promoting respect for diversity.

Speakers included: Maria Yannakaki, General Secretary for Transparency and Human Rights; George Stavropoulos, President of the National Commission for Human Rights; Vassiliki Georgiadou, Associate Professor at Panteion University; Yannis Stevis, Journalist (astraparis.gr – Chios News Online); Eleni Karagianni, Art Teacher and Coordinator of Refugees’ Education at the Accommodation Site of Schisto and  Eva Spinou, Psychologist of Colour Youth – LGBTQ Community of Athens. The press conference was coordinated by Giorgos Tsarbopoulos, UNHCR.

Press Release
Report

SolidarityNow submits petition tο the European Parliament


Imperative the investigation of EU funding for Greece

 to manage the refugee crisis

 Athens, April 4th, 2017

On Monday, March 13th 2017, SolidarityNow submitted a petition to the European Parliament (Committee on Petitions – PETI) requesting that it investigates the connection between European Union funding in Greece and the dismal reception conditions for individuals seeking international protection. The petition draws the urgent attention of the Parliament to the mismanagement of EU funds by Greece, which has left people to live in degrading and deplorable circumstances, resulting in the avoidable deaths of several individuals.

The EU has allocated over €1 billion to Greece to help the country bring its asylum system into compliance with its human rights obligations; however, despite substantial funding, the country has failed to establish reception conditions that comply with these obligations. The petition highlights the substandard conditions and the deficiencies of funding implementation by Greece and requests meaningful inquiry into this situation, including a hearing before the PETI Committee, and the possible evaluation of the situation by the European Court of Auditors and the European Anti-Fraud Office (OLAF).

In order to provide more immediate and sustainable relief to individuals suffering in inhumane living conditions, we recommend that the EU funding earmarked for reception is shifted towards camp alternatives, such as apartment rental schemes and hosting programs, which are more cost-effective and provide more dignified conditions for those seeking refuge.

“Of course, the EU institutions are aware of the situation in Greece”, notes the Managing Director of SolidarityNow, Epaminondas Farmakis. “With a peculiar and well-known doublespeak, the Commission takes advantage of the administrative chaos and the inhuman conditions prevailing in the islands to convey the message of deterrence. Not only does Europe know, but it also finds it convenient. And here lies the real issue: not only do they know, but the situation actually suits them. That is why it is the duty of civil society to inconvenience the EU and ask them to be responsible with human lives and the funding allocated from European taxpayers”.

SolidarityNow remains deeply concerned with the mismanagement of EU funds by Greece and the dire situation that such mismanagement has created. We urge the Parliament to take due notice of this petition to ensure that urgently needed measures are implemented as human life is at imminent risk. We strongly advocate for an expedited review by the Parliament of the situation in Greece with an aim of ensuring that proper reception standards are attained as soon as possible.

Read here the full text of the petition


For more information, please contact:

Natasha Arnpriester, Legal Research Coordinator

natasha@solidaritynow.org

Eleni Takou, Senior Advocacy Officer

eleni@solidaritynow.org

Aya Burweila, Senior Researcher & Public Policy Officer

aya@solidaritynow.org

Valia Savvidou, Press & Events Officer

valias@solidaritynow.org – tel 210 6772500

One Year Stranded & What’s Changed? An Update – Joint Policy Note

Giorgos Moutafis for SolidarityNow

With this update to the October 2016 Joint NGO Policy Brief on the Situation for Displaced Persons in Greece, the eight national and international responding agencies, present an overview of the current situation in the country, and set out the most urgent -according to the organisations- issues that need to be addressed, and the major concerns with Europe’s response to this crisis.

 Joint Advocacy Note – One Year Stranded and What’s Changed 17 March 2017

Letter to the President of the European Commission


The European Commission Recommendation of 8 December 2016 to resume transfers of certain groups of asylum seekers to Greece as of 15 March 2017 under certain conditions and the Joint Action Plan adopted by the EU Coordinator for the implementation of the EU-Turkey Statement together with the Greek authorities raise fundamental questions relating to the functioning of and the future of the Common European Asylum System (CEAS).

SolidarityNow, jointly with Greek Council for Refugees and NGO Aitima, also members of the European Council for Refugees and Exiles, have addressed a letter to the President of the European Commission and the Greek Minister of Migration Policy.

Read the full text of the letter

“We support the non-extradition of the eight in Turkey. We cannot sacrifice our principles. It is dangerous” Conclusions of the Press Conference for the extradition of the eight Turkish Officials


PRESS RELEASE

“We cannot allow the eight to be extradited to Turkey. We can’t sacrifice our values because it’s dangerous”

Conclusions of the Press Conference with Regards to the Possible Extradition
of 8 Turkish Officials

Athens, 15th of December 2016
Highlighting the importance and necessity of the Turkish officers’ non-extradition, given the breakdown of the rule of law in Turkey and reasonable grounds that they will face persecution and inhuman treatment if they are extradited, a press conference was held today, the 15th of December 2016, in the Technical Chamber of Greece (TCG) on the subject: “The Rule of Law with Regards to the Possible Extradition of 8 Turkish Officials”. The Press Conference was jointly organized by the Hellenic League for Human Rights and SolidarityNow, with parallel interventions by prominent organizations of civil society, various institutions, and members of the academia.
At the beginning of the Press Conference, Clio Papapantoleon, lawyer and coordinator of today’s discussion, stressed that “I want to make clear that we’re not interested whether the requested persons are guilty or innocent, whether they participated or not in the coup attempt, if they are political friends or enemies of Gülen’s, etc. We’re not interested, this isn’t what this press conference is about. And that’s because in matters of human rights, you don’t ask what is the organization the persecuted parties belong to, so as to defend their rights only if you approve of it”.
Nikos Alivizatos, Professor Emeritus of Constitutional Law in the School of Law in the University of Athens, referred to the recent report by the European Commission for the Democracy through Law (an advisory body to the European Council), where it is noted that “the Turkish government interpreted too widely the extraordinary powers that it awarded itself, and put in effect measures that are far in extent of what is provided for in the Turkish Constitution. One of the main goals of a state of emergency, wherever it’s imposed, is the reinstatement of the democratic rule of law and it’s impermissible to extend it indefinitely for no reason. If a government exercises its power for a long time based on a state of emergency, it will unavoidably lose its democratic legitimacy, whereas it should be noted that there are rights that must never be repealed, such as the prohibition of torture”. Mr. Alivizatos stressed the need for the use of legal procedures in the European Court of Human Rights, including interim measures to prevent extradition.
Konstantinos Tsitselikis, President of the Hellenic League for Human Rights, reported that it is a matter crucial to the Greek legal order. The suspension of the European Convention for Human Rights by the Turkish government, according to Mr. Tsitselikis, dismantles the institutional framework that guarantees the protection of human rights in Turkey. “The situation as it stands today shows that a fair trial is impossible if the presumption of innocence is merely a pretext, the courts operate with prearranged compositions, and lawyers face persecution, or when there is absolutely no guarantee of humane treatment. On the contrary, there are testimonies of maltreatment and torture,” he stressed.
Kostis Papaioannou, former Secretary General of Transparency and Human Rights of the Ministry of Justice, pointed out that no one is contesting the sovereign right of the Turkish government to safeguard the rule of law. The extension of the state of emergency has caused multiple breaches to the respect of human rights. He said: «We aren’t interested in the degree of involvement of the requested persons in the coup attempt, we’re only interested in their fate at the hands of the Turkish authorities. Greek judges are called to reach a decision based on their conscience, and not on vague appeals to national interests. They are called to uphold the rule of law which can’t stand for courts staffed with judges of dubious independence, obstruction of access to a lawyer, the possibility of the death penalty, and the certainty of inhuman treatment in detainment”.
Panagiotis Perakis, a lawyer and Board Member of the Athens Bar Association and Head of the Committee for the Rights of Refugees and Migrants, connected the discussion with the agreement between EU and Turkey, mentioning that the Council of Bars and Law Societies of Europe (CCBE) has ruled that the agreement is not in accordance with the rule of law. Also, special mention has been made to the matter of the reinstatement of the death penalty in Turkey, while on the occasion of the world day for human rights, the CCBE issued a release that denounces the collapse of the rule of law in Turkey. He said: “The right of access to justice is put in doubt, and access and communication with a lawyer encounters numerous obstacles, and there are more than 300 lawyers and 3,000 judges under arrest.” It is evident, he stressed, “that we do not seek to forestall a personal judgment, we are merely calling on the Greek judges to reach their decision based on the evidence and the rule of law”.
Dimitris Christopoulos, President of the International Federation for Human Rights, sent a written announcement that was read to the audience present at the Press Conference, saying: “If there’s one thing that is still standing in this tottering Europe of our age then it’s a prestige that relates to –not the policies that it puts into effect– but a few foundational values that have made it what it is in modernity. These are the rule of law and human rights. […] The eight cannot be allowed to be extradited in Turkey. Not because we like them, but because we cannot afford to sacrifice the core of our values in the name of political expediency. Or else we’ll have no values. And that’s not only immoral, it’s also dangerous”.
Spyros Koulocheris stressed that if someone strips away the political importance of the matter, the case is legally unambiguous. Both national legislation and Supreme Court case law make clear that the requested Turkish officers cannot be extradited, «because their asylum applications are still pending, but also due to the fact that there are reasonable grounds to assume that they will face persecution due to their political activity”
Elli Varhalama, the representative of the General Confederation of Greek Workers (GSEE), mentioned the great and long solidarity and cooperation with the Turkish labor unions, as well as the turbulent history of union rights violations in Turkey, which have been confirmed by the European Court for Human Rights. “The Greek labor unions also call for the refusal of extradition of the 8 Turkish officials, given that their lives and safety, as well as those of their families’, are already threatened,” Ms. Varhalama noted.
Statements were made by the “Citizen Committee against the Extradition of the 8 Officials”, and by the officers’ defense counsel Mr. Omiros Zelios. Present at the Press Conference was the President of the Special Permanent Committee on Institutions and Transparency of the Greek Parliament, Ms. Anastasia Christodoulopoulou.Interventions were made by:
– Nikos Alivizatos, Professor emeritus of Constitutional Law at the University of Athens
– Konstantinos Tsitselikis, President of the Hellenic League for Human Rights and professor of Human Rights Law at the University of Macedonia
– Kostis Papaioannou, former Secretary General of Transparency and Human Rights of the Ministry of Justice
– Panagiotis Perakis, Board Member of the Athens Bar Association and Head of the Committee for the Rights of Refugees and Migrants
– Representative of the General Confederation of Greek Workers (GSEE)
– Dimitris Christopoulos, President of the International Federation for Human Rights and associate professor at Panteion University
– Spyros Koulocheris, Scientific Coordinator of the Greek Council for Refugees