ΣΥΝΗΓΟΡΙΑ

The Lack of Access to the Asylum Process is a wound for our Legal Culture

Posted on Friday June 9th, 2017

By Eirini Vlachou, lawyer, Head of Legal Service at the Athens Solidarity Center of Solidarity Now

The most important issue one thinks of when dealing theoretically or practically with the so-called refugee crisis in Greece and the EU, is the integration of recognized refugees into the labour market and the Greek and European society in general – integration of culture, language and values.

This challenge, which is approaching for all of us and which concerns not only asylum seekers but also third-country nationals living in Greece, is for many people the most important aspect of the issue. It is essentially a problem that does not yet concern as much as it should the state and civil society even though the management of many vulnerable people with multiple and serious demands, ranging from daily survival to the process of recognizing them as refugees in Greece, is now urgently required.

In this process, the most important problem for asylum seekers in Greece is the lack of information about their rights in the country, but also about their obligations, procedures, deadlines, etc. Even people who have been in Greece for a long period of time and may have been pre-recorded, fully recorded, detained, or even interviewed to be recognized as refugees, often find out for the first time what a request for international protection means shortly before or even after their first instance interview.

A serious problem is the almost impossible – at least in Attica – access for asylum seekers to the Asylum Service if it is not the day of their interview or the day of the renewal of their Asylum Seeker’s Card. As a result, they fail to obtain information even on matters of major importance, such decisions on their international protection request or other equally important issues, for example progress of family reunification requests under the Dublin Regulation.

This established situation has led applicants to seek the assistance of lawyers and advisers to simply accompany them to the Asylum Service or to provide them with a lawyer’s note so that they can reach the entrance of the Service. The issue of access to the asylum procedure is not a simple administrative problem. It is linked to the very core of the right to international protection: this is the basis on which countries are legally considered as safe or not for asylum seekers and the basis on which this country’s tomorrow citizens are “trained” to be either frustrated and unable to take responsibility or to have a sense of respect towards the rule of law of the host country.

However, the most important problem the refugee population in the country is facing right now- and with it, all professionals and volunteers in the refugee sector – is the situation on the islands; caused by the EU-Turkey deal, the problematic implementation of the agreement marked a year in March 2017. In the predominant cases of Lesvos and Moria, which have been the subjects of domestic and international research, but also on other islands, people have been wedged for months in inhumane and even dangerous conditions for their lives, without substantial access to the asylum process – the latter being a very important problem for our legal culture. Asylum seekers on the Greek islands are not allowed to go to the mainland to have their asylum claims considered there except in specific cases of vulnerability judged on-the-spot. Some are just waiting for their return to Turkey, a safe third country according to the EU-Turkey deal, many are leaving illegally to other European countries with traffickers who demand huge sums of money, in the hope that something positive will happen at the place they end up to, while others just leave for Athens and the mainland with the same hope. The ones who have no hope, commit self-immolations or go on a hunger strikes as an ultimate attempt to be heard.

Besides the obvious humanitarian risk and, in many cases, the already manifested danger to public security and social peace and besides the increasing racist attacks against refugees, what is particularly important for the legal world is the access to the asylum process for refugees on the islands. More specifically, the problem concerns the totally problematic imposition of the geographical constraint which is appropriate only for detention and in conflict to the to date rights of asylum seekers who should only be restricted and/or detained in very special circumstances and under specific conditions; and ultimately it concerns the separation of the state regarding the examination of asylum claims in the mainland and on the islands, while the Asylum Service is unified. After all, detention of asylum seekers on the islands after the first rejection of their request and up to the second instance of their judgment is very common.

As time passes, the problems are deepening and developments in Turkey are far from justifying its designated status as a safe third country. Fortunately, institutions are reacting with the European Court of Human Rights being the leading one; the Court recently accepted an Iranian refugee’s claim for protection and banned, at least temporarily, his deportation to Turkey. This development is particularly promising at a time when the messages from Greece and Europe were and are, the acceleration by any means of the asylum process, with parallel reductions to the rights of asylum seekers which can even lead to the limitation of the possibility for appealing rejection decisions on asylum applications.

Those who believe that Justice can teach, they have something to hope for: a shift of the European and Greek legal order to the requirements of international law for the rights of asylum seekers.

DRAFT LAW ON THE LEGAL RECOGNITION OF GENDER IDENTITY

Posted on

With its announcement on June 9 2017, the for Racist Violence Recording Network welcomes the legislative initiative on legal recognition of gender identity as an important step in fulfilling the state’s commitment to drastically curb discrimination based on gender identity. As the Network has already argued, legal recognition of gender identity will solve many of the practical problems transgender people face in their daily lives and will facilitate their access to justice.

The Network asks the State to take seriously the individual comments and proposals of the organizations directly concerned and to prioritize the effective protection of all individual rights based on the right to gender identity and respect for their personality.

Assessment on the access to formal education for unaccompanied children in shelters

Posted on Monday June 5th, 2017

The Children on the Move Network, coordinated by the Deputy Ombudsman for Children’s Rights, conducted an assessment in April – May 2017 with the aim to examine the access to school of unaccompanied children accommodated in Unaccompanied and Separated Children (UASC) shelters. The assessment has been supported by members of Children on the Move Network, including SolidarityNow, that contributed with comments and submitting the completed questionnaires. Except for findings, the document includes recommendations to the Greek State on how to systematically support the access and inclusion of unaccompanied children in formal education.

Read the assessment here

Family reunification and resettlement procedures for accompanied and unaccompanied minors

Posted on Friday May 12th, 2017

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

Posted on Thursday May 11th, 2017

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 2^nd and the evening of May 4^th. 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

Posted on Wednesday May 10th, 2017

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:

ActionAid
Advocates Abroad
Amnesty International
CARE
Diotima
Greek Council for Refugees
Greek Forum of Refugees
Human Rights Watch
International Rescue Committee
Jesuit Refugee Services
Legal Centre Lesbos
Norwegian Refugee Council
Oxfam
Save the Children
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

Posted on Tuesday May 9th, 2017

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

Posted on Saturday April 8th, 2017

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

Posted on Tuesday April 4th, 2017

Imperative the investigation of EU funding for Greece

to manage the refugee crisis

Athens, April 4^th, 2017

On Monday, March 13^th 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

Posted on Monday March 20th, 2017

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