Harmonizing Turkish Immigration Policies with the EU: The Challenges Ahead1 paper prepared for the c

1
Harmonizing Turkish Immigration Policies with
the EU The Challenges Ahead1 paper
prepared for the conference on Immigration Issues
in European Union-Turkish Relations
Determinants of Immigration and Integration 8-9
October 2004, Bogaziçi University,
IstanbulbyKemal KirisciCenter for European
Studieskirisci_at_boun.edu.tr.

• 1 This paper is based on Apap, J., S. Carrera
  and K. Kirisci Turkey in the European Area of
  Freedom, Security and Justice (Monograph
  together with Joanna Apap and Sergio Carrera)
  (EU-Turkey Working Papers, No 3, August 2004,
  CEPS, Brussels, 2004) and the full paper can be
  accessed from www.ceps.be.

2
Turkey as an Asylum and Immigration Country

• Not a new phenomenon Turkey, like the Ottoman
  Empire, has always been a country of asylum and
  immigration
• People of Turkish descent and culture Law on
  Settlement 1934

Table 1. Numbers of People who Migrated to Turkey
By Regions Between 1923-1997
3

• German and Austria refugees during the 1930s
• More than 100,000 Jews transiting Turkey during
  the Second World War
• Close to 70,000 refugees during WWII from
  neighbouring Balkan countries and the Aegean
  islands
• Post WWII 1951 Geneva Convention refugees from
  the Soviet Union and Soviet Bloc more than 20,000
• Last two decades growing numbers of asylum
  seekers from Iran, Iraq, other Middle East and
  Third World countries as well as from former
  Soviet Union

4

• Mass influx of refugees
• Kurds 1988 and 1991
• (half a million, temporary protection)
• Turks and Pomaks from Bulgaria
• (310,000 permanent protection and integration)
• Bosnians 1992 until recently approximately 25,000
  (temporary protection)
• Kosovars 1999 until recently 16,000
• (temporary protection)

5

• EU citizens (professionals and retirees)
• and other residences
• Illegal migrants
• Transit migrants including stranded migrants

6
Asylum into Turkey and Challenges of EU
Harmonization I

• Traditional Asylum Policy
• Geographical limitation and 1951 Convention
  refugee recognition with resettlement
• 1994 Regulation and temporary protection
  problems of non-refoulement
• Reformed Asylum Policy
• UNHCR cooperation and extensive training programs
  with Police, Gendarmerie, Justice Ministry, Coast
  Guard, (emphasizing illegal migrants vs. asylum
  seeker)
• Judicial Appeal (Local administrative courts)
• Respect of EHCR rulings (Jabari vs Turkey, 2000)
• Cooperation with NGOs (ADF, ICMC, ASAM etc)

7

• EU Harmonization
• Introduction of national status determination
  (draft law and recent Regulation based on EU
  Directive on Procedures including)
• Administrative capacity building
• Lifting of the geographical limitation (not a
  reservation)
• Challenges
• Lifting the geographical limitation fear of
  becoming Fortress Europes buffer zone and
  confidence in EUs seriousness about Turkish
  membership
• Administrative capacity for fully fledged status
  determination (twining projects)
• Current EU Directives fall short of minimum
  standards by the UNHCR
• Accepting integration requires significant
  changes in Law from 1934
• Burden-sharing.

8
Irregular Migration into Turkey and Challenges
of EU Harmonization I

• Patterns of Illegal Migration into Turkey
• Illegal Migrants in Turkey
• Transit Migrants

9

• Figure 1. Number of illegal immigrants arrested
  by
• Turkish security forces, 1995-2003

Group 1 Afghanistan, Bangladesh, Pakistan, Iran,
Iraq and Syria. North Africa Egypt, Libya,
Tunisia, Morocco and Algeria. Source Data
obtained from the Foreigners Department of the
Turkish Ministry of the Interior (MOI).
10

• Table 2. Breakdown by nationality of illegal
  immigrants arrested by
• Turkish security forces, 1995-June 2004

Russia, Ukraine, Moldova, Georgia, Azerbaijan,
Armenia, Belarus, Lithuania, Latvia and
Estonia Kyrgyzstan, Kazakhstan, Turkmenistan,
Uzbekistan and Tajikistan Source Data obtained
from the Foreigners Department of the Turkish
Ministry of the Interior (MOI)
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• Reform and EU Harmonization of Turkish Policy
• Legislative reform adjustments to Palermo
  Convention making trafficking and smuggling in
  persons a serious crime
• New Work Law for Foreigners and amendments to the
  Nationality Law
• International cooperation and liaison offices
• Training programs and Twining projects
• Cooperation with NGOs (IKGV),
• Readmission agreements with third countries
  (signed with Greece, Syria, Kyrgyzstan and
  Romania) (process of negotiation 11 countries)
• Readmission agreement with the EU

12

• Challenges
• Negotiating and signing readmission agreements
  with Third Countries (much better performance
  than the EU with much less resources Hong Kong,
  Macao and Albania)
• Negotiating and signing a RA with the Commission
  when EU acquis excluded previous candidates from
  such and obligation
• Negotiating and signing a RA with the Commission
  before completing its own RA agreements
• Confidence and trust building(Progress Report
  acknowledgements and beyond)
• Protecting gains in asylum rights

13
Turkish Visa System and Challenges of EU
Harmonization with the Schengen Visa System

• Turkish visa system
• Visa free system (Council of Europe and
  reciprocity)(Iran and Romania since 1968)
• Bandrol, Sticker Visas since early 1990s
  (explosion in tourism, cultural, contacts and
  suitcase trade)
• Reform and EU Harmonization of Turkish Policy
• Adoption of the Schengen Black List, (six
  countries remaining)
• Preparation of a New Passport Law to increase
  quality of Turkish passports against forgery
• Training of Police to combat forgery
• Strengthening of border control

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• Challenges
• The paradox of Turkey being on the Schengen Black
  List itself
• Administrative capacity and costs
• Flexible/Friendly Schengen (spearhead of a
  credible Wider Europe-Neighbourhood Policy) vs.
  Fortress Europe Schengen

15

• Table 3. Entry of persons from the Soviet Union
  and former Soviet
• Republics between 1964 and 2003

Source Complied from data obtained from the
Foreigners Department of MOI and State
Statistical Institute Annual Reports
16

• Table 4. Entry of persons from the neighbouring
  Balkan and Middle Eastern neighbouring states,
  1964-2003

Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and
United Arab Emirates.
17
Concluding Remarks

• Turkey will become an increasingly immigration
  country rather than an emigration one
• Tough administrative and legislative EU
  harmonization reforms
• A new understanding of Turkish national identity
  from a homogenous to a plural and multi-cultural
  one
• Need to reconcile combating illegal migration
  with enhancing and protecting of asylum rights
• Confidence building in respect to lifting the
  geographical limitation and combating illegal
  migration
• Negotiating a more friendly and flexible Schengen
  visa system recognizing advantages of Turkeys
  visa system
• Integrating a friendly Schengen into the
  Neighbourhood Policy