Stj. Öğr. Feyza DEMİRBAĞ

Immigrant Rights

MIGRANT RIGHTS

When we look at human history, we see that people have moved in large groups for various reasons such as political, economic, sociological factors, wars, and inhumane treatment. As a result, concepts like migration and asylum have had a long-standing place in our history. This situation also affects the sovereign authority and domestic law of states. While regulations have been made in both national and international law regarding these issues, they must fundamentally consider the basic rights that every human being possesses simply by being human.

In order to prevent divergent legal practices by states and to establish some basic standards, it has become essential to regulate the fields of migration and asylum under international law. The Geneva Convention is considered the first and fundamental source in this field. Migration and asylum issues have become international problems and have implications at that level. The main subjects of these issues are individuals known as "refugees" and "asylum seekers." However, even though terms such as “migrant,” “refugee,” and “asylum seeker” are sometimes used interchangeably, they carry different legal meanings.

Refugee:
Two important conventions concerning refugees are the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. According to these, a refugee is defined as:

“A person who owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.”

An important right granted to refugees under this convention is the principle of non-refoulement, which prohibits returning a refugee to a country where their life or freedom would be threatened. The 1951 Convention states:

“No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where their life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion.”

However, an exception is made for individuals who are considered a danger to the security of the country or who, having been convicted of a particularly serious crime, pose a threat to the community of that country.

Asylum Seeker:
An asylum seeker is someone who seeks protection in another country due to severe human rights violations but has not yet been legally recognized as a refugee. These individuals are waiting for the outcome of their asylum application. Seeking asylum is a human right, and everyone has the right to apply to enter another country for this purpose.

Migrant:
Unlike those seeking asylum, migrants are individuals who can still benefit from the protection of their home country and usually leave voluntarily in search of better economic opportunities and living conditions. States that accept migrants are not under legal obligation to protect them based on basic human rights in the same way as they are with refugees and asylum seekers.

Turkey's Situation on Migration and Asylum:
While Turkey used to be a transit country, due to recent political events and wars in neighboring countries, it has now become a target country. Although Turkey is a party to the 1951 Geneva Convention, domestic laws such as the 1934 Settlement Law, Passport Law, and Law on the Residence and Travel of Foreigners have proved insufficient.

With the introduction of the Law on Foreigners and International Protection (LFIP) in 2013, new regulations were enacted, and the Directorate General of Migration Management was established. According to Turkish regulations, foreigners are entitled to certain rights based on their refugee or asylum seeker status.

Article 95 of the LFIP states that:

“The applicant or the person under international protection is primarily responsible for meeting their own accommodation needs.”

However, individuals with special needs are entitled to benefit from certain services. In extraordinary situations, temporary shelter such as tent cities or container camps is provided for asylum seekers.

The Temporary Protection Regulation stipulates that the Temporary Protection Identification Document does not grant residence permit rights or the right to apply for Turkish citizenship.

Employment Rights:
Employment for refugees and conditional refugees is regulated under the LFIP. Individuals under international or subsidiary protection may work as employees or independently. Those under temporary protection, however, must obtain permission from the Ministry of Family, Labour and Social Services to work.

Healthcare:
According to the LFIP, those without health insurance or the means to pay are subject to the Law on Social Insurance and General Health Insurance. However, individuals with the financial means may not benefit from this provision.

Education:
Educational regulations have been organized through various circulars. Refugees, people under subsidiary protection, and individuals under temporary protection may enroll in schools affiliated with the Ministry of National Education. In order to register, they must possess either an identification document or an application certificate.

Social Assistance:
Article 89 of the LFIP states:

“Applicants or beneficiaries of international protection who are in need may be granted access to social assistance and services.”

This provision outlines their rights to social assistance.

References:

• Töner Şen, Semin, A Brief Overview on Migrant and Refugee Rights from the Perspective of International Law, Yeditepe University Faculty of Law Journal, Issue:1, 2019
• Savar, Erkan / Kedikli, Umut, Opportunities Provided to Refugees and Asylum Seekers in Turkey and Integration Problems: The Case of Çankırı, Journal of International Management Economics and Business, Vol:15, Issue:4, 2019
• www.amnesty.org.tr/icerik/multeci-haklari Accessed on: February 13