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Unwelcoming shores

Young Afghan girl at a detention centre: Photo by Noborder Lesvos.

Young Afghan girl at a detention centre: Photo by Noborder Lesvos.

Simone Troller of Human Rights Watch describes the plight of migrant and refugee children in Greece and how Greek authorities are doing the dirty work for other members of the European Union – giving them the opportunity to get rid of migrants, including potential refugees.

“We were one group of twelve persons they took out from the detention centre. They drove us in a car, for maybe one and a half hours. We arrived in the forest around 9 PM. They kept us there until midnight, they told us not to move, otherwise the Turkish police would find us. It was next to a small river. This side was Greece, the other side was Turkey… The boat was a metal boat, a long metal boat. Inside the boat there was one policeman. He started the engine and after we arrived to the other side he told us to get out quickly and the boat went straight back. When the Turkish police arrived two of us explained what happened. We were, for twelve days, in Turkish detention. They beat me too much… When the Turkish police beat me they said I should call my family to send me money to return to Afghanistan. I asked them not to send me back to Afghanistan, because I had problems. I asked them to keep me. But they did not care.”

This was how a seventeen-year-old Afghan boy described his secret expulsion from Greece to Turkey and ultimately back to Afghanistan. Unfortunately, his experience is typical of the fate of thousands of migrants and asylum seekers who have been expelled from the European Union at the hands of Greek authorities. As a result, many people who need protection are sent back to danger, abuse or inhuman detention conditions.

In 2008 and 2009, Human Rights Watch investigated the treatment of migrants and asylum seekers, including unaccompanied children, in Greece and published its findings in three reports. In late 2008, when we first presented our findings to the Greek government about systematic illegal expulsions of migrants, asylum seekers and refugees to Turkey, we were given the cold shoulder – they ignored our findings.

When we presented them to EU policymakers in Brussels and also described the total absence of protection for migrant children who arrive without a parent or caregiver, there was recognisable disbelief and even shock in people’s faces. When I summarised in a meeting with a policymaker in Brussels that an unaccompanied migrant child who enters Greece is either detained or left to survive on the streets, I was told: “I don’t believe this.”

It may be hard to believe that such callous and illegal acts are taking place in the heart of Europe that has long committed itself to respect basic human rights standards. It may also be hard to believe that Greece offers no safety net for unaccompanied children. Those who are not expelled are either detained in filthy and overcrowded conditions or released onto the streets where they face a miserable struggle for survival and exploitation, including as child labourers.

Yet, ignoring the reality on the ground means such acts will continue to take place. Greece’s treatment of migrants and refugees, including these children, violates binding European Union directives for asylum seekers.

Despite the shocked reactions in Brussels when we described what we had found, our call to the European Commission to take Greece to the European Court of Justice for these violations has so far gone unheeded.

We also expected a stronger signal from other EU member states. In late 2008, in a meeting with EU member state delegations, we urged them to stop sending migrants and asylum seekers back to Greece under the so-called Dublin II regulations, because of the ill-treatment, detention and unfair asylum procedures. They told us, in the words of one diplomat: “If we stop doing that, more migrants will arrive to our country.”

There is no doubt that Greece is on the frontline of migration to Europe and that it carries a heavy burden for the rest of the EU under the Dublin II rules. But that reflects a wider failure of Europe’s asylum and migration policy that puts pressure on countries at its borders instead of ensuring equitable burden-sharing across the continent.

Under Dublin II regulations, the country where a person first enters the EU is generally held responsible for examining that person’s asylum claim, though for unaccompanied children the rule applies only if the child has made a claim there. The regulations are premised on the notion that all EU member states have comparable asylum and migration practices. Yet, there are wide disparities, with countries like Greece effectively offering no protection at all.

Greece gives refugee status to 0.05% of asylum seekers after a first interview and recently abolished meaningful appeals. This prompted the United Nations High Commissioner for Refugees to withdraw from a formal role in Greece’s asylum procedure. Yet, EU member states continue to return migrants, asylum seekers, and even unaccompanied children to Greece, simply pretending that everything is perfectly fine.

It is hard not to get the impression that these EU member states are perfectly happy with Greece doing the dirty work for them – giving them the opportunity to get rid of these migrants, including potential refugees among them. In mid-2009, six months after we brought our findings to both Greek and EU attention, the Greek government began a new crackdown against migrants – arresting hundreds across the country, bulldozing a make-shift camp in Patras, evicting them from run-down dwellings in Athens, and detaining new arrivals on its islands.

Human Rights Watch returned to Greece in September 2009 and collected evidence that Greek authorities have arrested persons all over the country, and summarily expelled some of them across the river to Turkey, though previously it only sent those who had just entered from Turkey back that way. This means that no part of Greece is now safe for anyone in need of protection.

While the EU has largely remained silent on Greece’s abusive record or has focused on blaming Turkey for refusing to take migrants back, there are some encouraging signs from the newly elected Greek government. It announced in mid-October that Greece would no longer be a hell pit for migrants. The government also pledged to release 1,200 migrants from detention, where most are held in inhuman conditions, and to create a special police unit to investigate allegations of abuse.

Fixing the system will be a tall order, though. The new government inherits an asylum system that no longer deserves that name, a police force that commits abuses against migrants both in broad daylight and in secret nighttime operations, and detention facilities that are a hazard for detainees and staff alike. Fixing this will require more than promises and symbolic acts.

Despite the overwhelming agenda, there are obvious priorities. The Greek government can protect the most vulnerable migrants, especially unaccompanied children, and get rid of the stark alternatives in the current system of either detaining them or abandoning them to the streets and to exploitation. Greece should give them decent shelter, food, clothing, health care, and, of course, protection from traffickers.

Not all of the more urgent reforms even require more resources. An unambiguous commitment to stop the illegal expulsion of migrants to Turkey is essentially a matter of political will to operate according to the rule of law. The new police unit should immediately investigate these secret expulsions and levy sanctions against those responsible. Accountability for these acts is paramount for meaningful police reform.

Greece also needs to come to terms with the reality that many undocumented foreigners, adults and children alike, left their countries because their lives were in danger and have a legitimate claim for protection. The government needs to put its broken asylum system back on track, take the asylum procedure away from the police, create a special body that assesses claims fairly and promptly and institute a fair, workable appeals process. Otherwise, the adults and children the Greek government releases from detention now will end up again in a dead-end situation: unable to leave Greece, unable to return to their countries, and unable to be recognised as refugees.

Halting human rights abuses that have gone unchecked for too long should be urgent priorities both for Athens and for Brussels. The European Commission should make clear to Athens that unless the new government takes steps to bring its laws and practice in line with EU and human rights standards, the commission will refer the matter to the European Court of Justice. In addition, the EU needs to ensure that EU member states are held to account when they fail to respect their obligations under EU law, and ultimately to reform the Dublin system. Only then can the EU take meaningful steps toward creating a common European asylum system that offers equal level of protection across the continent and supports the countries on the frontline.♦

Simone Troller is Researcher, Human Rights Watch. For more on migrant and refugee children in Greece, see: Greece: Unsafe and unwelcoming shores and Left to survive: Systematic failure to protect unaccompanied migrant children in Greece, available at http://www.hrw.org

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