Greece is at it Again: Mass Deportation Raids Over the Weekend

Via FoxNews

Very depressing news from Greece in the last few days, as the government has rounded up thousands for deportation and shamelessly sought to shift blame for financial issues onto the shoulders of non-citizens.

The minister, Nikos Dendias, defended the mass detentions, saying that a failure to curb a relentless flow of immigrants into Greece would lead the country, which is surviving on foreign loans, to collapse. “Our social fabric is at risk of unraveling,” Mr. Dendias told a private television channel, Skai. “The immigration problem is perhaps even greater than the financial one.”(NYT)

 Oh, if only that were true.

Unfortunately, it is far more likely that this is a cynical move to distract from the country's actual financial problems- reliance on foreign debt, risky lending, artificial inflation- by suggesting that this is an outsider problem, caused by foreigners.

As we have discussed previously in this blog, Greece's asylum system is dangerously backed up, with asylum seekers waiting for years to get a (mandatory) interview or possibly receive refugee status if they are entitled to. With Greece being an entry point into the EU, and with the masses of refugees pouring out of countries effected by the recent tumult in the Middle East, this has meant a compounding of problems- larger numbers of people waiting larger amounts of time to have their status regularized (or, alternatively, to reach a determination that they are not refugees and may legally be deported.) This means some people have been living in Greece for years, waiting to get their status regularized.

It is understandable that the Greek government is anxious to clear up this issue. However, the solution is not to utterly disregard human rights obligations, both under EU and international human rights law, by arbitrarily deporting anyone found during mass "immigration raids" to not possess papers. Not only are some of these individuals likely to be waiting for their appointment with the immigration services, but more to the point, deporting an individual who qualifies as a refugee is refoulement, and is reprehensible and illegal. And you can't tell whether a person is a refugee by a brief glance at their papers, or lack thereof. When 6,000 people are detained over one weekend, it is hard to believe that anyone received a fair shake at a refugee status determination interview.

As history has often demonstrated, in times of economic and social strife it is tempting to rely on xenophobia and anti-immigrant sentiment as a tool of distraction. But that doesn't mean they should get away with it.

Come on, Greece, you can do better.

Previously:
Greece: The Pressure is on to Fix an Failing Asylum System
Deja Vu: Greek Immigration Crackdown

Freedom of Movement Restrictions: Coming to a European Country Near You

This week has brought some distressing news for fans of freedom of movement. 

German newspaper Süddeutsche Zeitung has published a report revealing that the German and French Ministers of the Interior are seeking to modify the Schengen Agreemment, the treaty that allows for passport and visa-free travel throughout most of the territory of the EU. According to the letter, they seek to reintroduce border controls for temporary periods of 30 days in order to "curb illegal immigration". This comes on the heels of some German admonishments of Greece in failing to protect its borders (instead opting for creepy immigrant round-ups that violate human rights) AND results of immigration surveys showing that many persons from Southern Europe and elsewhere continue to seek asylum in Western European countries.

Der Spiegel quotes sources speculating that this is all political posturing to appeal to far-right voters in time for the French election. But is it? Following Sarkozy's adventures in deporting Roma from France (which, as you'll recall, drew comparisons to Nazi Germany's deportations of persons on the basis of ethnic background) its not so clear that conservative politicians aren't willing to put their money where their mouth is and disregard Schengen.(Just look at Denmark!)

And while we have Germany and France promising not to let people out, we have Macedonia promising to keep certain kinds of people in. What kind of people, you ask? 

In 2011, the ERRC documented at least 10 cases in which Romani people were denied the right to exit the country at Macedonian border crossings to Bulgaria and Serbia. Border guards regularly stop Romani individuals who they believe may be seeking asylum abroad, denying them the right to leave the countries.

..You guessed it. The European Roma Rights Centre is calling on the Macedonian government to end discrimination against Roma people seeking to travel outside of their country. (Which, if I remember correctly, is a basic human right.) But this baseline discrimination might be just the beginning- the government has announced that it will introduce measures to prevent persons from leaving the country who have once claimed asylum in another state. This measure as well is more than likely to heavily target Roma.

Between Southern Europe cracking down on immigrant and refugee rights and making it harder to move north, and Northern European countries disregarding their own treaties for politically opportunistic reasons, we have a real problem in Europe right now. The question is, what do the citizens of Europe value more? Their freedom of movement, or their freedom from foreigners?

Germany and France Seek Reintroduction of Controls

Non-Citizen News Roundup

Greece police roundup immigrants this week, via LA Times

There's a lot going on in world of non-citizens this week!

Greece: Last week I noted the alarming news out of Athens, where police arrested some 500 people during an "immigration sweep" in the Capitol that they announced would be continued regularly. Amnesty International has added their voice to the growing concern about the practice, noting:

There are no appropriate facilities at Greece's borders for the identification of those in need of international protection, such as victims of torture and unaccompanied or separated asylum-seeking children.

Detaining people arbitrarily in massive "sweeps" without the necessary protective measures for persons entitled to different forms of protection violates Greece's international obligations and contributes to stigmatization of a group that is already at risk in the country. I said it before and I'll see it again: Greece would be far better off using the resources needed for such massive police actions on clearing through their backlog of immigration cases and regularizing the status of those who are entitled to it.

Amnesty: Greece plans sweep of migrants and asylum seekers

USA: Despite the Obama administration's ambitious new immigration guidelines for LGBTI persons, they aren't out of the water on gay immigration issues yet. A class action suit filed Monday by 5 same-sex couples will challenge DOMA (the Defense of Marriage Act) - a 1996 law that bars the federal government from recognizing same-sex marriages. Since immigration and citizenship are the realm of the federal government, the impact is that even couples who marry legally (e.g., in NY) cannot access immigration benefits such as a green card for the foreign partner. Obviously this causes many heart-rending situations where a married couple may have to constantly fear that one spouse will be deported.

The case is being brought by a non-profit called Immigration Equality, and I will definitely be following it closely here as it proceeds through the legal system. This could be a landmark case for immigration equality in the United States and since the Obama administration has already announced that they consider DOMA to be unconstitutional it could be a slam dunk. I'm excited about this one, guys!

Immigration Equality: Taking our Case to Court

NY Times: Noncitizens Sue over US Gay Marriage Ban

Ghana/ Liberia: There's been talk for years (at least since 2008) of Ghana activating the cessation clause and closing down refugee camps housing Liberians who fled during years of civil war. (Recall that they cessation clause of the 1951 Convention comes into effect when the situation that produced the potential for refoulement to the home country ceases to exist.) Annnnd now the talk continues, with the Ghanaian government planning to activate the cessation clause June 30th but hoping that most refugees will opt for voluntary repatriation before then. For many of the refugees who have lived in the country for years, returning to Liberia is simply not an option, and they will seek options to regularize their status before being kicked out. I'll be sure to post developments. 
Relief Net: Days numbered for Liberian Refugees

Deja Vu: Greek Immigration Crackdown

Last year I wrote about Greece and the pressure they are facing to get their immigration system to conform with international standards, while dealing with a giant backlog of asylum cases and daily influx of new immigrants. I noted at the time that the current system was at the same time too slow and too cursory to be able to properly consider asylum claims, and that a large new grant from Norway might help them attempt to reform this system.

Evidently, they've taken a different tact.

Police in the Greek capital said they have detained 501 people in an operation they say will be repeated "on a daily basis" to combat illicit trade, illegal immigration, drug dealing and other criminal activities.
The majority of those detained were foreign nationals in a sweep of central Athens.

 As was noted previously, hundreds of asylum seekers in Athens sit in legal limbo waiting for their applications to be processed, some having waited 10 years or more. More than likely, some of these individuals have been caught up in the mass arrests and detained. 

This may be a popular activity among anti-immigrant crowds, who think all crime derives from foreigners, but it doesn't do anything to solve the essential issues: a huge back-log, arbitrary procedures, and wrongful detention.  Not to mention its hugely expensive and engages tons of government employees who could be, just to pick an example at random, going through asylum claims or granting residence permits to those entitled to one.

There are different ways of getting people off the street than throwing them in jail.

500 Detained in Athens Crackdown

Greece: The pressure is on to fix a failing aslyum system

Asylum seekers wait in Greece, photo by Moises Saman

 In addition to the problems Greece's government seems to be having of late with corruption, there are several factors compounding their migration woes. On the one hand, the border between Greece and Turkey is the main entrance point for people fleeing to Europe, making Greece a reluctant EU gatekeeper (alongside a disincentivized Turkey.) On the other hand, you have Dublin II which makes it EU policy to send asylum seekers back to their first entry point in the Union to be processed. In other words, even if plenty of people make it out of the country, Greece can't realistically escape from being a major asylum-seeker center.

The government currently has a giant backlog of asylum applications, a small percentage of which have a chance of being reviewed any time soon if past numbers are anything to go by. As of January 2011 , UNHCR set the number of asylum seekers at over 55,000, and rumor has it that a many people have been waiting more than 10 years to be reviewed. In January the government promised to streamline procedures and set deadlines for decisions, but its not clear that much progress has been made. The events of the last few weeks suggest that the problem is actually getting worse.

On October 26, UNHCR called for a monetary intervention on the border in language that pretty clearly accused the government of wrongdoing (and possibly torture?)

The humanitarian situation on the Greek side of the border is critical, with large numbers of persons detained in extremely difficult conditions, as recently highlighted by the UN's Special Rapporteur on Torture Mr. Manfred Nowak after a visit to the area. Shelter, medical care and psycho-social support are all needed in this situation.

In addition, the press release implied that the current asylum in procedure in Greece is unavailable to most asylum seekers and unable to identify individuals at risk of refoulement.

Quickly coming to the rescue, Norway announced on November 3rd that they would inject 160 million kroner (c.a $28 mil) into Greece's asylum system, to be funneled through the UN. The Memorandum of Understanding, which also involved IOM and other NGOs in Greece, apparently targets the funds for reception centers, in particular for health care for arrivals.

But in the meantime, those asylum-seekers who have been residing in Greece for the last decade face legal limbo, discrimination, and arbitrary procedures. According to a press release this week from the Greek Council for Refugees, there have been recent mass arrests in Athens, leading to abbreviated asylum procedures that violate Greece's own procedural safeguards. It seems that these actions were an attempt to speed up procedures after recieving so much negative attention for their backlog. However, I think the Greek Council for Refugees puts it best:

The attempt of the Ministry of Citizen’s Protection to complete the asylum procedures of as many asylum seekers as possible in the briefest possible time period is obvious. But these actions must not only be aimed at finalizing the procedure but they should be in accordance with the law and protect these people and their rights.

So... what's going on in Greece and Turkey?

[Photo: Andrea Motta]
New on Greece and Turkey

Six Die in Migrant Boat Accident
Eight Afghan Illegal Immigrants Drown off Coast of Greek Island
Two recent incidents highlight the dangers that some immigrants are willing to face in order to gain access to the European Union, and the importance of heightened communication and cooperation with Turkey in dealing the EU border states. In both cases, a boat full of illegal immigrants, once with passengers from Palestine, and the other from Afghanistan, capsized in the Aegean Sea resulting in the deaths of the passengers. Both boats were carrying children.

Greece Shuts down Migrant Detention Center
Even those lucky enough to make it into Greece face grave difficulties, as this article demonstrates. A detention center on the Isle of Lesbos that had come under fire for its human rights abuses by the UNHCR was closed by Greek authorities, and its 900 inhabitants were sent to neighboring islands. The center will reopen and expect to hold roughly 150 immigrants.

Turkey Frets over EU's Illegal Immigrants
As illegal immigration increases, Greece and Turkey have become primary barriers into the EU, and the way these two countries handle illegal immigrants have huge significance: both for the EU's human rights reputation and for the potential for Turkish accession. The prime Turkish negotiator for accession, Egemen Bağış, highlighted this issue recently, claiming that it demonstrates why Turkey can be considered both a "bridge" and a "barrier" to the Middle East.

Lastly, a report by NGO's the Norwegian Helsinki Committee, NOAS and AITIMA chastises Greece for massive deportations of immigrations without assessment of their claims to refugee status, in violation of the 1951 Geneva Convention.

Clearly, as borders of Europe, Turkey and Greece shoulder a disproportionate amount of responsibility for how the European Union welcomes and treats its immigrants. However, it is crucial that Europe shows its commitment to refugee and human rights conventions by insisting that these nations respect the human rights of those so desperate for access to Europe.