Joint Action for the creation of an initiative of organisations in relation to pushbacks


Over the last years, the undersigned organisations have been receiving allegations of pushbacks at the country’s land and sea borders. This practice seems to have now acquired systematic characteristics and constitutes an official state policy aiming at the prevention of refugee and migrant flows.

Although not a new phenomenon, this policy of land and sea pushbacks has, however, escalated in an unprecedented fashion over the last year, both in terms of frequency of incidents and of the means employed. Dozens of complaints, substantiated by evidence (videos, testimonies, and photos), have been recorded.

Of the utmost concern is the reported tolerance and/or involvement of FRONTEX as well as the inaction in conducting a substantial inquiry into the public allegations connected to it. This policy not only constitutes a violation of fundamental principles of international law but also poses a direct threat to people’s lives.

We emphatically point out that:

  • The deterrence of entry as well as the return of persons who have entered Greece, without respecting the legal procedures for the apprehension and registration of the latter and without examining their potential application for international protection, infringes the fundamental principles of international law which prohibit the return of persons to a country where they are at risk of persecution, torture and inhuman or degrading treatment.
  • The protection of human life is the ultimate responsibility and obligation of the authorities.
  • Targeting and criminalising civil society organisations and citizens who record and publicise push-back incidents at the land and sea borders of the country is dangerous for the Rule of Law and aims at consolidating a climate of fear and of tolerance towards illegal practices.

Several of the undersigned organizations have already submitted reports and complaints to international and European bodies, aiming at the effective investigation and prosecution of illegal push-back practices. In addition, we now call on civil society organisations and bodies to come together in an initiative to address the below demands to national, European, and international bodies:

  • The immediate end of illegal push-back practices that endanger the Rule of Law and fundamental human rights
  • The establishment of an independent mechanism for the systematic recording and substantiation of reported push-back cases
  • The protection of the victims and the facilitation of their access to justice for the substantial investigation of their complaints
  • The protection of the organisations and citizens that record and publicise incidents of pushbacks

THE SIGNING ORGANISATIONS

ΑΡΣΙΣ – Κοινωνική Οργάνωση Υποστήριξης Νέων, Αθήνα/ ARSIS – Association for the Social Support of Youth, Athens

HIAS – Greece

Υποστήριξη Προσφύγων στο Αιγαίο /Refugee Support Aegean

Ελληνικό Συμβούλιο για τους Πρόσφυγες /Greek Council for Refugees

HumanRights360

ΕΛΛΗΝΙΚΗ ΕΝΩΣΗ ΓΙΑ ΤΑ ΔΙΚΑΙΩΜΑΤΑ ΤΟΥ ΑΝΘΡΩΠΟΥ

International Rescue Committee (IRC)

ΣΩΜΑΤΕΙΟ ΥΠΟΣΤΗΡΙΞΗΣ ΔΙΕΜΦΥΛΙΚΩΝ (ΣΥΔ)

Refugee Legal Support (RLS)

Ελληνικό Παρατηρητήριο των Συμφωνιών του Ελσίνκι/Greek Helsinki Monitor

Ελληνικό Φόρουμ Μεταναστών – Greek Forum of Migrants

ΜΕΤΑδραση – Δράση για τη Μετανάστευση και την Ανάπτυξη/ METAdrasi- Action for Migration and Development

ECHO100PLUS

Refugee Rights Europe (RRE)

Συμβίωση-Σχολή Πολιτικών Σπουδών στην Ελλάδα, Δίκτυο Σχολών του Συμβουλίου της Ευρώπης / Symbiosis-School of Political Studies in Greece, affiliated to the Council of Europe Network of Schools

Θετική Φωνή / Positive Voice

ΝΑΟΜΙ, Οικουμενικό Εργαστήρι Προσφύγων, NAOMI, Ecumenical Workshop for Refugees

Diakonie Oesterreich (Austria)

Equal Rights Beyond Borders

Glocal Roots

Αλληλέγγυοι Χίου / Chios Solidarity

Irida Women’s Center

EuroMed Rights

Mobile Info Team

Europe Must Act

ΕΛΛΗΝΙΚΟ ΦΟΡΟΥΜ ΜΕΤΑΝΑΣΤΩΝ/ GREEK FORUM OF MIGRANTS

ΑΛΛΗΛΕΓΓΥΗ ΛΕΣΒΟΥ – LESVOS SOLIDARITY

Συνύπαρξη και Επικοινωνί στο Αιγαίο, Μυτιλήνη Coexistence and Communication in the Aegean (Siniparxi) Mytilini

Legal Centre Lesvos

Fenix – Humanitarian Legal Aid

“ΛΑΘΡΑ;” – Επιτροπή Αλληλεγγύης στους Πρόσφυγες Χίου

ΚΕΝΤΡΟ ΓΥΝΑΙΚΕΙΩΝ ΜΕΛΕΤΩΝ ΚΑΙ ΕΡΕΥΝΩΝ – ΔΙΟΤΙΜΑ / CENTRE FOR RESEARCH ON WOMEN’S ISSUES – DIOTIMA

Mobile Info Team

Still I Rise

Mare Liberum

RAD MUSIC INTERNATIONAL

The Hope Project

Attika Human Support

Choose Love

BORDERLINE EUROPE E.V.

Boat Refugee Foundation/Stichting Bootvluchteling

SolidarityNow

Lighthouse Relief (LHR)

Better Days

Changemakers Lab

Ιριδα-Κέντρο Γυναικών – Irida Women’s Center

ΑΝΤΙΓΟΝΗ – Κέντρο Πληροφόρησης και Τεκμηρίωσης για το Ρατσισμό, την Οικολογία, την Ειρήνη και τη Μη Βία/ ANTIGONE – Information and Documentation Centre on Racism, Ecology, Peace and Non Violence

Οικολογική Κίνηση Θεσσαλονίκης/ Ecological Movement of Thessaloniki

Advocates Abroad

Civil society demands that Greece’s Recovery Plan prioritises making society greener and fairer


70 civil society organisations co-signed an open letter to the Deputy Minister of Finance, Theodoros Skylakakis, initiated by Common Ground and Greenpeace, outlining their priorities for a green and just recovery and seeking more public involvement in developing policies.

Greece, like all other member states, has until the end of April to submit a plan to the EU outlining how it will spend the €32 billion it will receive in recovery funds to overcome the effects of the pandemic. Civil society recognises this as an unprecedented opportunity for a truly just, inclusive, and sustainable transition and seeks transparency in the planning process.

So far, civil society has been largely left out of the process and kept in the dark, despite hopes that it would be inclusive and transparent. “Civil society can play a vital role in the planning and implementation of the Recovery Plan, as it has an excellent knowledge of the reality and has already assisted the state during challenging times. Transparency, participation and accountability are of the outmost importance in order to consolidate trust between the Greek state and is citizens”, declared Antigone Lyberaki, General Manager of SolidarityNow.

Given that recent crises (economic, refugee reception, pandemic) have deepened social inequalities in Greece, the signatories contend that recovery policies should target typically overlooked populations such as impoverished households, the homeless, migrants, and refugees.  At the same time, they call for policies that prioritise protecting the environment and reducing the effects of climate change in order to ensure a sustainable future and stave off future disasters and displacement.

Common Ground and the letter’s co-signers urge the Greek government to:

  • Invite the public, and in particular civil society, to submit their proposals for spending the recovery funds before the government submits its final plan in April and ensure their meaningful participation in the plan’s design, implementation, and monitoring.
  • Prepare a detailed action plan detailing proposed programmes, objectives, beneficiaries and expected impact, which includes valid environmental, social, and economic indicators.
  • Improve clarity and transparency around the process, including regular information exchange sessions with stakeholders and public awareness campaigns.

Why it matters: If the above-mentioned measures are implemented as part of a coordinated effort combined with other initiatives and funding opportunities to strengthen public policies, it will lead Greece out of the pandemic and toward a more just and sustainable future.

After years of austerity, the refugee reception crisis and now the pandemic, this large sum of money can enable society to turn a corner and start truly recovering from economic and social problems. To succeed, Greece must avoid repeating the policies of the past that led us to the difficult position we are in today (confronting rising inequalities, polarisation, injustice, biodiversity loss, and the climate crisis).

Notes to editors

* In July 2020, the European Union launched a €750 billion pandemic recovery fund, of which 37% is earmarked specifically for fighting climate change with the rest going toward other investments and reforms to strengthen resilience, a digital transformation, fairness, and macroeconomic stability. EU member states now have until the end of April to submit their final spending plans to account for their share of the financial aid. Greece will receive €32 billion in a combination of grants and loans.

National Recovery and Resilience Plan: Greece’s official spending plan for the recovery funds.

Read the full draft of our Open Letter – Recovery Plan to the Deputy Minister of Finance.

OPEN LETTER: “ALL CHILDREN HAVE THE RIGHT TO GO TO SCHOOL. DO NOT TAKE THAT AWAY FROM THEM”


TO:

The Prime Minister of the Hellenic Republic, Kyriakos Mitsotakis

The Minister of Education and Religious Affairs of the Hellenic Republic, Niki Kerameus

The President of the European Parliament, David Sassoli

The President of the European Commission, Ursula von der Leyen

The European Commissioner for Innovation, Research, Culture, Education and Youth, Mariya Gabriel

The European Commissioner for Justice and Consumers, Didier Reynders

Athens, March 9, 2021

The undersigned organisations express deep concern about the situation relating to asylum seeking and refugee children’s access to education in Greece over the past few years. Specifically, for the past six years it has not been possible to guarantee smooth and unimpeded access to education for asylum seeking children. As a result, the majority of these children have been deprived of one of their fundamental rights. These issues have become so intense over the last year that one can in fact refer to an extensive process of “deschooling”.

In particular:

On the islands where children stay in Reception and Identification Centres as well as in Pre-removal Detention Centres for Foreigners, access to schools in the local community is almost non-existent[1]. Moreover, serious delays and obstacles have been observed, resulting in a huge gap between the number of enrolled children and the children that actually attend school.

Nevertheless, the situation is equally worrying in the refugee camps on the mainland. Ιn some places the issues observed have to do with inconsistent interpretation of COVID-19 related movement restriction policies by the Greek authorities, which ends up discriminating against children who, as a result, are not being allowed to leave these camps. At the same time, during the lockdowns, due to the lack of necessary technical infrastructure for online learning at the camps, refugee and asylum seeking children are further excluded from the education process. Μoreover, other issues have been observed in quite a few locations nationwide. These include the lack of transportation to schools; understaffing and malfunctioning of reception classes; an insufficient number of spots available at schools and kindergartens; problems resulting from unjustified behaviour by school administrations–but also by local communities– who are reacting against the prospect of refugee children attending public schools. All these issues are compounded by the worrying absence of any concern by authorities to include these children in the educational process.

Several of the undersigned organisations presented the above-mentioned issues to the competent ministries, via a private letter, on 3/2/2021. In response to this letter, co-signing organisations were invited to an online meeting with the relevant authorities on 26/2/2021. We acknowledge and welcome the willingness of the authorities to launch a dialogue process with civil society regarding the pressing issue of refugee education. Still, the current situation, with its critical shortcomings, requires that immediate action is taken by the authorities so that not one more school day is missed.

Αccording to Greek and European law[2], education is provided free of charge and is compulsory for children aged 4 to 15, including education intended for asylum seeking children. Articles 28 and 29 of the International Convention on the Rights of the Child, which has been transposed into national law by the Hellenic Republic (Law 2101/1992), foresee that all children, without any exceptions, have equal rights to primary and secondary education.

It is vital that these children attend school because it is their right, first and foremost. However, continuing education is also an essential element to counteract some of the uncertainty and stress the COVID-19 pandemic has meant for children and their families. Added to this most children have already missed precious time out of their education as a result of conflict, insecurity or other conditions in their country of origin or countries of transit during their often-arduous journeys to reach Greece. School access is a decisive factor in guaranteeing an organised daily routine and a safe environment in which to learn and grow; factors of vital importance for the mental health and personality development[3] of children but also for the smooth operation of society as a whole.

For all the reasons outlined above, we call upon the Greek government to take immediate action to guarantee equal, substantive, and quality education to children of all ages and nationalities residing both on the islands and on the mainland. More specifically, we call upon the Greek authorities to guarantee that:

  • The decisions taken regarding children’s access to education are clear and implemented, removing any obstacles that may arise and applying harmonised practices to prevent them from becoming empty words.
  • Children have unobstructed access to education during their stay in the country, irrespective of the conditions under which they live, of their residence status or that of their parents or guardians. To that end, we propose that the option of issuing an attendance card for pupils on the move be considered.
  • Any policy of formal education being provided within closed-type or controlled hosting facilities is abandoned, as the creation of “ghetto schools” is essentially far removed from the idea of quality education and constitutes a violation of the law[4].
  • Mechanisms to monitor the situation in the field of refugee education are established and any problems are immediately tackled, doing so over a long horizon to guarantee equal educational opportunities for all pupils and to combat school dropout.
  • Extensive and measurable awareness-raising actions are implemented for schools and local communities to ensure everyone is aware of the right of all children to attend school but also the mutual benefits arising from cultivating a multicultural society.
  • Administrators and headmasters of schools do not only encourage school refugee pupils to attend school but also seek out the children residing in their area and see to their enrolment and attendance as foreseen by the relevant provisions on compulsory attendance, and do not in any way thwart the children’s enrolment and attendance.

We also call upon European leaders to ensure the implementation of European law in accordance with the Charter of Fundamental Rights of the European Union and the International Convention on the Rights of the Child, by which our country is also bound, and that no violation of EU law be tolerated especially if such violations put groups of people, such as children, at risk.

Children’s fundamental access to education is vital for the future of us all.

ΤΗΕ SIGNATORY ORGANIZATIONS:

ACTION FOR EDUCATION
ACTIONAID HELLAS
ARSIS – ASSOCIATION FOR THE SOCIAL SUPPORT OF YOUTH
BABEL DAY CENTER
CARITAS HELLAS

CHANGEMAKERS LAB

CHOOSE LOVE – HELP REFUGEES

DANISH REFUGEE COUNCIL

ECHO100PLUS
ELIX
EQUAL RIGHTS BEYOND BORDERS
EUROPE MUST ACT
GREEK ASSOCIATION OF PEOPLE LIVING WITH HIV “POSITIVE VOICE”
GREEK COUNCIL FOR REFUGEES
GREEK FORUM OF MIGRANTS (GFM)
HUMANRIGHTS360

INTERNATIONAL RESCUE COMMITTEE (IRC)

INTERSOS HELLAS
IRIDA WOMEN’S CENTER
LEGAL CENTRE LESVOS
LESVOS SOLIDARITY
MELISSA NETWORK
METADRASI ACTION FOR MIGRATION AND DEVELOPMENT
NETWORK FOR CHILDREN’S RIGHTS
ODYSSEA
REFUGEE LEGAL SUPPORT (RLS)
REFUGEE RIGHTS EUROPE (RRE)
REFUGEE SUPPORT AEGEAN (RSA)
REFUGEES INTERNATIONAL
SOLIDARITYNOW
STILL I RISE
TERRE DES HOMMES HELLAS
ZEUXIS

[1] According to the information provided by the Assistant Ombudsman for the Rights of the Child at a meeting of the Network for the Rights of Children on the Move, on 13/02/2021, based on a survey carried out by that Independent Authority.

[2] Including but not limited to: Article 14 of the Charter of Fundamental Rights of the European Union concerning the right to education, Article 14 of Directive 2013/33 / EU and Article 27 of Directive 2011/95 / EU on recognition. In Greek law, Articles 28 and 51 of Law 4636/2019 foresee the education and access to education of minor asylum seekers and beneficiaries of international protection and Article 60(h) of Law 4636/2019 foresees the access of unaccompanied minors to education. Furthermore, Article 21(7) and (8) of Law 4251/2014 and Article 40 of Law 2910/2001 foresee unimpeded access of third country minors to education. On the banning of discrimination see Article 21 of the Charter of Fundamental Rights and Article 14 of the European Convention on Human Rights read in conjunction with Article 2 of Protocol 1 of the ECHR, and in Greek law see Article 3(2)(c)  Law 4443/2016.

[3] https://ec.europa.eu/echo/what/humanitarian-aid/education-emergencies_en

[4] Law 2101/1992 and 4251/2014 and the case A. Lavida and Others v. Greece: https://docs.google.com/viewerng/viewer?url=http://www.curia.gr/wp-content/uploads/2013/05/AFFAIRE-LAVIDA-ET-AUTRES-c.-GRECE.pdf

Greece country Report: Impact of the Covid-19 crisis on labour market integration


In the context of the implementation of the program SIRIUS-Skills and Integration of Migrants, Refugees, and Asylum Applicants in European Labour Markets, in which SolidarityNow participates -as a representative in Greece-, Dominika Spyratou, the organization’s Advocacy Officer, wrote about the impact of the Covid-19 crisis on MRAs’ (Migrants, Refugees, Asylum Seekers) labour market integration.

The impact of Covid pandemic and migrant labour in Greece: Sirius SolidarityNow Report

The Covid-19 pandemic has affected the lives of millions of people worldwide and augmented the economic and social insecurity that societies -especially their most vulnerable populations- face. In Greece, the pandemic hit the country soon after a decade-long economic crisis that dramatically increased unemployment and poverty and brought its health care system to its knees. MRAs have been hit particularly hard as integration policies are still lacking, difficulties in accessing services persist and racist and xenophobic attitudes by segments of the hosting society are on the rise, often reinforced by the government’s policies and its anti-migration rhetoric.

This report provides an overview of the early impact of Covid-19 on MRAs and the prospects of their integration in Greece based on desk research conducted between March and November 2020, six semi-structured interviews with MRAs and NGO employees conducted in October and November, and fieldwork associated with the author’s professional engagement. Having just entered its second phase, the pandemic’s long-term impact cannot yet be measured. Additional research will be necessary to understand the full effects of the crisis on MRAs’ labour market integration in Greece.

Read the report here.

The new Civic Space Watch report for 2020


The report showcases the challenges civil society faced throughout the year 2020, with a particular focus on how the public measures triggered by the #COVID-19 pandemic affected civic space, and how civic actors responded. On page 106 you can also find the analysis about Greece written by the SolidarityNow Advocacy Officer, Dominika Spyratou.

You can read the report here: https://civic-forum.eu/wp-content/uploads/2020/11/INT_ACTIVIZEN5_BAF.pdf

COVID-19 and Human Rights

(Ελληνικά) ICJ

By Salma Mohamed, Solidarity Now, Advocacy Intern

COVID-19, an infectious disease that was first detected in December 2019 in Wuhan, China, has had and will continue to have widespread and devastating impacts on numerous facets of everyday life, from the economy to human rights. The global pandemic, in particular, has highlighted many human rights failures, exasperated them, and enabled governments to utilize the infamous and pervasive pretext of national security to push bigoted agendas that target historically marginalized groups and are inconsistent with international law principles

According to an April 2020 United Nations paper analyzing COVID-19’s implications for human rights, three core rights are being challenged: the right to life and the government’s duty to protect, the right to health and access to healthcare, as well as the right to freedom of movement (which underpins many other important rights).

Not only are marginalized groups more likely to get infected and face harsher symptoms of the novel coronavirus because of underlying disparities in healthcare, accessibility, housing, etc. but also are more likely to be adversely affected by measures intended to mitigate its spread for similar reasons, thereby severely deepening existing inequities and further hampering core human rights. This, in a sense, is ‘double victimization,’ which many social justice activists and scholars have identified marginalized groups often endure when crises ensue or facially-neutral policies are enacted.

The April 2020 U.N. report notes that people of low socioeconomic status, women, older people, children, racial, ethnic, and religious minorities, migrants, refugees, and internally displaced persons, indigenous people, people with disabilities, prisoners, detainees, and others who are deprived of their liberty, LGBTI people, HIV-positive people, and people who use drugs are all cohorts facing an onslaught of challenges to their basic rights. For example, people with low socioeconomic statuses (which often intersect with other marginalized groups) face higher infection rates and experience worse symptoms of the virus due to lack of housing, food security, access to water, and decent healthcare, etc. Additionally, as the report notes, the lockdown measures have further restricted access to food, education, work, and basic services, all of which impact people of low socioeconomic status harder because of their already limited resources.

Instead of fulfilling their obligations under international law and countering this discrimination, some governments have capitalized on the fear surrounding the virus as well as the global rise of xenophobia and authoritarianism and utilized the perilous pretext of national security to perpetuate prejudiced agendas. While, of course, some restrictions to human rights are necessary to curtail the spread of the virus, these restrictions should be and must be, according to international law, strictly circumscribed with security reasons or national emergencies as well as proportionate and non-discriminatory. Amnesty International identifies numerous instances around the world where the human rights of refugees, in particular, are unduly hampered under the auspices of protecting the public, from water supplies being intentionally cut off in a Bosnian refugee camp, thus forcing relocation, to the United States suspending most due process rights for migrants and turning back over 20,000 people. Although states use the rhetoric and ideology of national security, their actions often do not mitigate the spread of the virus. These measures sometimes even lead to more movement and thus increase the risk of COVID-19 spreading. As such, these practices are non-circumscribed, disproportionate, and discriminatory, thus in violation of international law.

States need to face extra scrutiny on their human rights records in times like these where fundamental rights are opportunistically and occasionally abused. Marginalized communities are often the targets and remain the targets even after the crisis has subsided, as evidenced by the illegal surveillance and detention of Muslims during and after the ‘war on terror’ in the United States.

These challenges to core human rights principles set a dangerous precedent and the international community must take punitive action against the perpetrators accordingly.