Legal Status of Iraqi Asylum Seekers in Turkey and the Dilemma of Identity Part 1
TANVI BHARGAVA
A large influx of refugees from Iraq fled the country on numerous occasions from the 1980s to the 2000s. Be it the Iran-Iraq war, the US attack, the Gulf War or the regime post-Saddam Hussein, Iraqis needed to find refuge in other countries. This is the situation since Iraq is struggling with war-related damages and humanitarian crisis and issues have severely aggravated.
The lives of Iraqis have also been at risk because of armed conflict, fear of persecution etc. This, combined with other social and economic problems and lack of basic amenities, has made life there unsustainable and untenable. Therefore, seeking refuge in other countries seems the only viable option for them. Even though a large number of people were internally displaced within the country, some of them managed to cross the international borders and seek refuge in neighbouring countries, including Turkey. Here, we analyse the legal provisions that are applicable to Iraqi asylum seekers in Turkey (including marginalised groups), their legal status and what ultimately is their fate when it comes to determining what their real identity is. Though some of Turkey’s policies are accommodating and constructive, we also seek to deprecate specific fundamental policies that further amplify the identity crisis.
Turkey holds a large number of refugees from neighbouring countries such as Afghanistan, Iran, Syria and especially Iraq, who account for 42%[1] of the refugees in Turkey.[2] Even though Turkey was a signatory to the 1951 Convention and the Protocol in 1967, Turkey kept within its constraint something known as ‘geographical limitations’ according to which only Europeans were regarded as refugees and granted refugee status in the country.[3] Refugees from non-European countries are merely granted ‘temporary asylum status’. Under the current working law, people from Iraq are not considered ‘refugees’ and instead they are given the status of ‘asylum seekers’ [4] and for whom Turkey is just considered a transit country where they reside until they find a third country to settle in. The legal structure in Turkey is such that Iraqis, “perceive Turkey as a stepping-stone to security in other states.” [5]
Turkey has not enacted any specific domestic law concerning refugees; neither has it put in place any legislation regulating asylum issues. These issues are dealt with by putting together numerous laws that are in place. These include the Law on Residence and Travel of Foreigners in Turkey, Passport Law etc. However, it is essential for the authorities in Turkey to enforce and apply the provisions of international agreements and legislation, and the asylum seekers can demand that their rights be protected under those. According to Article 90 of the Constitution of Turkey, national laws come under international agreements and in case of a conflict, the provisions of international laws prevail if it is related to an issue regarding Human Rights.[6]
The registration procedure begins with the asylum seekers registering themselves with the police whether they entered the country legally or illegally. This is the most crucial step because failure to comply with this makes their presence illegal and they can be subject to deportation. The police thereafter evaluate whether the status of an asylum seeker should be granted to them or not.[7] These asylum seekers are then interviewed by the UNHCR. The latter, in turn, evaluate whether they should be granted the status of a refugee under the 1951 Refugee Convention or not, in order to assist them in finding refuge and help resettle outside Turkey.[8] Documents such as ID cards and residence permits are issued for them which finalises their registration.[9] Thereafter, interviews are conducted, and they are assigned a city to live in. Certain restrictions are placed on their movement; however, the procedure does not depict a complicated process according to the established laws for these asylum seekers.
However, the question that arises here is what happens to people who do not qualify as asylum seekers?
The Ministry of Interior decides who needs to be granted the status of an asylum seeker. If any application is rejected, an appeal must be made within fifteen days, and if the applicant decides against appealing, they have fifteen days to leave the country[10]. The dilemma that arises here is that firstly, no time period for registration is specified. Secondly, an application for an appeal is very unpredictable because it is ultimately the same ministry and the same people to whom the appeal is made, and it is heard and decided by them. However, it must be noted that the human rights of rejected asylum seekers cannot be suspended or taken away. They have a right to their basic socio-economic needs, education, medical care etc.[11] It is also imperative that they are granted some other kind of complementary status which covers their fundamental human rights in case they fall out of the conventional scope of a refugee or asylum seeker under the convention. I feel that for the first step of registration in Turkey, the government needs to make sure that even though these rejected Iraqi asylum seekers who are never referred to the UNHRC for determination of refugee status, may require alternate protection in the country as well.
What happens to Iraqis belonging to the marginalised groups and women why it is relevant?
Gender and sexual identity are essential components for defining the identity of an individual as a whole. All over the world, women and people belonging to the LGBTQ community face discriminatory treatment and persecution based on their gender identity and sexual orientation.[12] Turkey and Iraq both have either no laws regarding the LGBTQ or have criminalised them. Socially, people belonging to this community may face a lot of backlash in both these countries. Article 1(A)(2) of the 1951 Geneva Convention provides five grounds for seeking protection, one of which is belonging to a particular social group.[13] LGBTQ refugees sometimes base their application under this provision. There exists no legislation in Turkey to protect the LGBTQ community from facing discrimination in education, housing, employment, health care etc. Consequently, “like the Turkish LGBT population, LGBT refugees in Turkey are targeted for verbal and physical harassment and violence, and may be more vulnerable to targeting because they are not citizens and often do not speak Turkish.” [14] Iraq is unclear about the legality of homosexuality; however, LGBTQ refugees from Iraq have sought protection in Turkey.[15]
We are not concerned with whether they pursue their status on these grounds, but what we are concerned with is how differently they are treated compared to other asylum seekers. The police merely warn the refugees at the time of registration to ensure their outer appearance does not candidly show that they belong to the LGBTQ community. If they received threats or were harassed by the people, then the police would not be able to help.[16] Asylum seekers have claimed and shared that they were asked to discuss their personal lives with the authorities during interviews if they belonged to the LGBTQ community.[17] The same happens with women. They face sexual exploitation, and the authorities harass them during the interviews.[18] This shows us the insufficient police protection that the refugees in Turkey are given, and since quite a lot of them are from Iraq as well, they typically have the same fate. Based on this discrimination, them being given the status of an asylum seeker will be determined, and therefore because of this indeterminacy, they suppress their identity. In part 2, we further analyse the legal rights of these people who are given the status of “asylum seekers” to gauge further what their position is.
The views expressed and suggestions made in the articles are solely of the authors in their personal capacity and the Center for Middle East Studies and O.P. Jindal Global University do not endorse the same.
[1] This Data does not include the Syrian refugee population in Turkey.
[2] About Refugees in Turkey (Refugee Solidarity Network December 21, 2018) <https://refugeesolidaritynetwork.org/about-refugees-in-turkey/> accessed December 19, 2020.
[3] Iranian & Iraqi refugees in Turkey, European Resettlement Network <https://www.resettlement.eu/page/iranian-iraqi-refugees-turkey> accessed December 19, 2020
[4] Ibrahim Kaya, ‘The Iraqi Refugee Crisis and Turkey: a Legal Outlook’ (1970) Cadmus Home<https://cadmus.eui.eu/handle/1814/11298> accessed December 19, 2020.
[5] Danis, Didem, ‘Changing fortunes: Iraqi refugees in Turkey’ (2011) International Journal of Contemporary Iraqi Studies. 5. 199-213. 10.1386/ijcis.5.2.199_1.
[6] Kaya (n2).
[7] Ibid.
[8] Ibid.
[9] Ibid.
[10] Ibid.
[11] A Human Rights Watch Briefing Paper, Iraqi Refugees, Asylum Seekers, And Displaced Persons: Current Conditions and Concerns in the Event of War (2003).
[12] Daniel Ottosson & International Gay, Lesbian, Bisexual, Trans, and Intersex Association [igla], state-sponsored homophobia: a world survey of laws prohibiting same-sex activity between consenting adults (2007), available at http://ilga.org/historic/ Statehomophobia/State_sponsored_homophobia_ILGA_07.pdf.
[13] The Refugee Convention 1951, Article 1(A)(2).
[14] Unsafe Haven: The Security Challenges Facing Lesbian, Gay, Bisexual And Transgender Asylum Seekers And Refugees In Turkey. (2009) Available at: <http://www.mhd.org.tr/images/yayinlar/MHM-50.pdf> [Accessed December 19 2020].
[15] Ibid.
[16] Ibid.
[17] Ibid.
[18] A Human Rights Watch Briefing Paper, Iraqi Refugees, Asylum Seekers, And Displaced Persons: Current Conditions and Concerns in the Event of War (2003).