How Should Be Refugee Policy?

1) INTRODUCTION

Nowadays, one of the main issues on the international agenda is the refugee issue. In terms of the refugees who are forced to leave their countries, as well as the states that have to accept the refugees, many problems occur, particularly social, economic and political. While the appropriate policy is determined according to the international agreements and the states’ legislation, it does not seem possible for any state to completely keep off itself from the refugee problem. Considering the basic human rights norms, each state has to produce some short/long term solutions considering the security and rights of its citizens and it is the most effective way to struggle the refugee problem.

2) INTERNATIONAL REFUGEE LAW

2.1) Definition

A refugee is a person who does not feel safe in the homeland because of their race, religion or political thought, seek asylum in another country and this request is accepted by that country. The most important difference between ordinary foreigners and refugees is the principle that refugees should not be returned to their country until the current situation is ameliorated.

Refugee definitions are divided into general and private. The common point of these definitions is the two main conditions that refugees must-have. If a refugee is mentioned, this person must have left his own country first. Secondly, this person should be outside the borders of his country and must have fear of oppression and persecution for justified reasons.

The asylum-seeker is a person who leaves the homeland for the reasons mentioned but whose asylum request is in the research phase by the authorities of his own country. In international refugee law, the status of asylum seekers is transitional, and may subsequently become refugee status. In the Turkish legal system, if the asylum seeker came from outside Europe, it is not possible to turn this status into refugee status.

2.2) International Conventions on Refugees

Nowadays, states cannot be insensitive to demand asylum because political courtesy, developing mass media and international public opinion require this.  States provide some opportunities for refugees. Each state determines these opportunities on its own but this freedom is limited. Restrictions made must be under the basic human rights norms.

The basic rules for refugee status are laid down in the 1951 Geneva Convention. Refugees have certain rights under the 1951 Geneva Convention; freedom of religion, the right to witness in courts, the right to work, the right to education. In addition to these rights, refugees have basic human rights that they have because they are human beings and are guaranteed by many international conventions.

Until the 20th century, the concept of a refugee was not dealt with and refugees were seen only by states as a moral and social responsibility. The concept of the refugee has taken place as a result of the efforts of the Western states on the international level. The United States has played a major role in protecting refugees, especially after the Second World War, and creating a public opinion on an international level. The United States has set up the United Nations High Commissioner for Refugees to distinguish between refugee and migrant concepts. The Convention on the Legal Status of Refugees laid the foundation for international refugee rights. Provided protection and support to more than 50 million people until today by UN High Commissioner. It was awarded the Nobel Peace Prize twice due to these studies. The United Nations High Commissioner for Refugees has a non-political character. It is only responsible for humanitarian and social duties. Main duties; it is to supervise the states when there are emergencies in the world, to provide international protection for refugees and to find permanent solutions to refugee problems.

2.3) Refugees and Domestic Law

Turkey has confirmed the 1951 Geneva Contract with a geographical limitation requirement. Besides, Turkey participated in the 1967 Protocol on the Legal Status of Refugees. The contract with this protocol has gained a universal character.

In many years, a general regulation on refugees in our domestic law has not been done. Later edits have also brought some problems. For this reason, Turkey has started to studies to create single refugee legislation in the EU accession process. On 11.04.2013, Law No. 6458 on Foreigners and International Protection were enacted.

2.4) Refugee Solution

The main mission of states is to facilitate the adaptation of refugees to social life and to save them from being needy by ensuring their economic freedom. Otherwise, economic and social problems occur. According to the principle of cost-sharing, states with large numbers of refugees should be supported by other states.

2.5) Citizens’s Perspective on Refugees

Refugees may create a direct/indirect security threat for some countries but it is unfair to see all refugees as potential criminals, as likely to engage in terrorist acts. When evaluating the effects of refugees on the country of refuge, it is necessary to approach the issue objectively by addressing the positive and negative aspects. It can be said that the Western world doesn’t make this assessment objectively. Particularly due to the September 2001 events, most countries have introduced restrictive asylum and migration policies. This has forced refugees to try to enter the country illegally and as a result, refugees have become criminals in the eyes of the media, politicians and citizens, arrangements to punish refugees have been brought to the agenda. Increased prejudices against refugees cause damage to internationally recognized refugee rights. Developing countries’ division of responsibilities with underdeveloped and developing countries, which host 80% of refugees, is the most effective way to prevent this damage.

2.6) Media’s Perspective on Refugees

The media does not have a good attitude towards the refugee problem. According to professional ethics, journalism should reflect the reality and also be focused on producing solutions but nowadays, the most important thing for most media groups is to make news that will attract a lot of attention.

The mission of the media on refugees subject is to create public opinion. Instead of blaming them, it will be a more humane attitude to explain the reasons for their leaving the homeland and the experiences they have experienced in this process.

The attitude to refugees reveals the human consciousness in the society. If human rights are adopted by most individuals, refugees will also be treated like all other people. Thus, the bad attitude towards refugees will be minimal.

3) TURKEY’S SYRIA POLICY

The Syrian civil war began in March 2011. Since that time, 3 million 651 thousand 635 Syrians have arrived in Turkey. These statistics belong to the data on 21 March 2019. Today’s, Turkey is a transition country in terms of population movements. Refugees who wish to move to other European countries use Turkey as a port. Considering the economic, social and political problems caused by Syrians, the legal status of Syrians should be determined.

Initially, Turkey indicated that ‘open door policy’ stated that will apply. Clause 33 of the 1951 Geneva Convention has been implemented. This clause contained the principle of non-refoulment. Turkey has taken serious measures in the subject of meeting the basic needs. However, the status of refugees remained uncertain since these measures had no basis in legislation. This brought along social and political problems.

Turkey established many camps above the world standards for refugees and has gained a great appreciation from the international community but most countries did not go beyond this appreciation. Although the European Union has established a regional support program, international support was far below the expected level.

Syrians cannot be considered as refugees under national legislation and international conventions. Syrians in Turkey is benefiting from temporary protection. Temporary protection includes unlimited stay, the prohibition of forced return, acceptance, protection and assistance for urgent needs. Turkey due to the difficulty in determining the refugee status because of the unexpected influx of Syrians has gone to a solution in this way. On 13 October 2014, the Temporary Protection Regulation was published. The regulation states that temporary protection status is temporary and that Syrians will not gain asylum-seeker / refugee status under this regulation. According to the said regulation Syrians who are entitled to stay in Turkey can benefit from the rights to be granted. Temporary protection status of Syrians who endanger the security of the country can be terminated.

When the economic and social problems caused by Syrians are taken into account, limiting or stopping the temporary protection status is seen as the most effective and humane solution.

Under Clause 87 of the Law on Foreigners and International Protection, efforts should be made to provide voluntary repatriation assistance. They should be directed to contribute to production if they stay long in Turkey. Also, adaptations to social life should be provided. The security of life and property of the Turkish people should be ensured and the Syrians shouldn’t usurp the rights of the Turkish people and should prevent them from obtaining more rights. Otherwise, chaos is inevitable.

4) CONCLUSION

The refugee problem does not only concern those states that have been forced to leave their country or whose land is influenced by refugees. The economic, social and political problems of the undeveloped and developing countries related to the refugee problem affect the developed countries if the necessary measures are not taken. In this context, in line with the principle of responsibility-sharing, financial assistance should be provided to states that have refugees in their territories should develop the most effective refugee policy, without violating the fundamental human rights norms against refugees.

–

BIBLIOGRAPHY

• Ağır, Osman/ Sezik, Murat (2015), ‘Suriye’den Türkiye’ye Yaşanan Göç Dalgasından Kaynaklanan Güvenlik Sorunları’ Birey ve Toplum < http://dergipark.gov.tr/download/article-file/307116> l.a.d. 01/09/2020
• Akçay, Engin/ Alımukhamedov, Farkhad (2013) Güncel Gelişmeler Işığında Türkiye’nin Mülteci- Sığınmacı Politikası, 1. Edition, Ankara, Gazeteciler ve Yazarlar Vakfı Kadın Platformu
• Ekşi, Nuray (2010) Mültecilere ve Sığınmacılara İlişkin Mevzuat, 1. Edition, İstanbul, Beta Yayıncılık
• Ergüven, Nasıh Sarp/ Özturanlı, Beyza (2013) “Uluslararası Mülteci Hukuku ve Türkiye” AÜHFD <http://dergiler.ankara.edu.tr/dergiler/38/1882/19732.pdf> l.a.d. 31/08/2020
• Faist, Thomas (2003) Uluslararası Göç ve Ulusaşırı Toplumsal Alanlar, 1. Edition, İstanbul, Bağlam Yayıncılık
• Koç, Esra, Bia Haber Merkezi, Mülteci, Sığınmacı, Göçmen Nedir <http://bianet.org/bianet/bianet/2953-multeci-siginmaci-gocmen-nedir> l.a.d.
  02/09/2020
• Kolukırık, Suat (2009), “Mülteci ve Sığınmacı Olgusunun Medyadaki Görünümü: Medya Politiği Üzerine Bir Değerlendirme” <http://dergipark.gov.tr/download/article-
  File/223479> l.a.d. 01/09/2020
• Özcan, Mehmet (2005) Avrupa Birliği Sığınma Hukuku: Ortak Bir Sığınma Hukukunun Ortaya Çıkışı, 1. Edition, Ankara, Asil Yayınları
• Peker, Bülent (2005) Mülteciler ve İltica Hakkı: Yaşamın Kıyısındakilere Hoş Geldin        Diyebilmek, 1. Edition, Ankara İnsan Hakları Derneği İktisadi İşletmesi
• Saraçlı, Murat (2011) Uluslararası Hukukta Yerinden Edilmiş Kişiler, 1. Edition, Ankara, Adalet Yayıncılık
• Uzun, Aytül (2015), “Günümüzün Sosyal ve Ekonomik Sorunu Olan Suriyelilerin Mülteci ve Ekonomi Hukuku Bakımından Değerlendirilmesi” Ankara Barosu Dergisi <http://dergipark.gov.tr/download/article-file/398236> l.a.d. 30/08/2020
• Ünalan, Turgay (2006) “Zorunlu Göç” İle Yüzleşmek: Türkiye’de Yerinden Edilme Sonrası Vatandaşlığın İnşası, 1. Edition, İstanbul, TESEV Yayınları
• Yalçın, Cemal (2004) Göç Sosyolojisi, 1. Edition, Ankara, Anı Yayıncılık

[zombify_post]