Professional Documents
Culture Documents
Abstract...................................................................................................................................................2
Chapter 1.................................................................................................................................................3
Introduction............................................................................................................................................3
1.1 Description of refugee phenomenon.............................................................................................3
1.2. Legislative framework..................................................................................................................4
1.2.1. Legal Framework in Europe...................................................................................................4
1.2.2. Legal framework in Greece....................................................................................................6
Chapter 2...............................................................................................................................................11
Policy.....................................................................................................................................................11
2.1 Asylum and Refugee....................................................................................................................11
2.2 Human Rights..............................................................................................................................14
2.2.1 Human Rights and Declarations on Refugees.......................................................................15
2.3. Discussion...................................................................................................................................16
Conclusion.............................................................................................................................................19
References............................................................................................................................................ 20
1
ABSTRACT
The following thesis deals with the insolences and observations on the issue of
settle refugees. Also, the study defines the term “refugee”, human rights, refugee
rights and the legal framework that concerns refugee, but also refers to the refugee
flows entering our country, the European area and the plan that has been set for this
issue to be addressed especially in Greece.
The details relate to the statement of the institutions that a strategy has been
created to meet the basic needs of refugees and that cohabitation with refugees has to
offer positive elements both multicultural and economical and that the perceptibility
of the issue can cause problems , especially if the design of the subject is not time-
consuming. Also, this study explains the reason why settlement by government is
needed, the importance of this strategy, and the services that provided by this control.
Key words: Refugee, Asylum, Human Rights, Local Administration, Economic Crisis,
Settlement
2
CHAPTER 1
INTRODUCTION
As we know, refugees are separated on the grounds that they were forced to leave
their home country (UNHCR, 2019b):
1. Economic refugee
Refugee means any person who, due to economic poverty, leaves his country
of nationality and does not wish to resort to the protection of that country because of
economic poverty.
2. Political refugee
A political refugee means any person who, because of his political beliefs, has
been subjected to political violence and persecution, thus leaving his country of
citizenship.
3. Environmental Refugee
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The term environmental refugee is a person driven out of a place because of
climate change that includes ecological disasters. Such disasters are due to human-
caused ecological changes and effects on the Earth's climate, mainly through the lack
of green zones on the planet. However, this subcategory is not recognized by the
Geneva International Convention, and for this reason Activists and experts from 22
countries gathered in Venice, Italy, for the second International Refugee and Asylum
Seekers International Day of Refugees. revise the Convention to recognize the
subcategory (UNHCR, 2019b).
Refugees are those who are forced to leave their country of derivation or
habitual abode (in the case of refugee), because of defensible fear of oppression, for
reasons related to their political beliefs, their ethnic or racial origin, their religion, or
their belonging to a particular social group. For all the above reasons, they are
permitted to shelter and worldwide protection in the country of refuge. In the broader
sense of the beneficiaries of international protection, there are also those who, without
the fear of prosecution, are at risk of being seriously harmed by armed conflict or
general violence. It is characteristic of both cases that refugees cannot enjoy
protection in their country of origin or habitual residence (Grahl-Madsen, 1997).
After World War II there was a need to create a new international legal text
defining the legal status of refugees and a definition of who could be considered a
refugee. This had to be done because the refugee problem had not been resolved. This
is how the Convention on the Status of Refugees adopted by the United Nations
Conference of Plenipotentiaries on 28 July 1951 came into force on 21 April 1954
(UNHCR, 2003). Two restrictions were set, one sequential and one terrestrial. The
first restriction was on the causes that led one to be recognized as a refugee. The other
restriction referred to where the events took place. These restrictions created many
problems, which led to the adoption of the 1967 Protocol on the Status of Refugees by
the UN General Assembly. The 1951 Convention entered into force on 22 April 1954
and its Protocol on 4 October 1967 (United Nations Committee on Economic, Social
4
and Cultural Rights, 2003; UN, 2020a; 2020b). This Convention contains a definition
of the concept of refugee:
"Any person who, by external invasion, occupation, foreign sovereignty, events that
seriously disturb public order either in part or throughout his country of origin or
nationality, shall be forced to leave his place of habitual residence in order to seek
refuge elsewhere. from her country of origin or nationality” (UNHCR, 2003).
In 1980 there was a debate about the free movement of persons. For some
Member States this concept should apply only to EU citizens which meant
maintaining border controls and segregation between European and third-country
nationals.
Other Member States, on the other hand, wished to establish free movement
for all and to abolish border controls. In the absence of agreement within the
European Community, France, Germany, Luxembourg, Belgium and the Netherlands
decided in 1985 to create a Schengen area without frontiers the name of the city of
Luxembourg in which the signatures were signed. first agreements. Following the
signing of the Amsterdam Treaty, this intergovernmental cooperation was
incorporated within the European Union on 1 May 1999.
5
Convention in their territory. The Dublin Regulation 2 was adopted in 2003, replacing
the Dublin Convention in all EU Member States except Denmark, which has an opt-
out of the implementation of regulations on freedom, security and justice. On
December 3, 2008, the European Commission proposed amendments to the Dublin
Regulation, creating an opportunity for the reform of the Dublin System. Regulation
Dublin 3 (No. 604/2013) was adopted in June 2013, replacing Regulation Dublin 2
and applies to all Member States except Denmark. The regulation came into force on
19 July 2013. It is based on the same principle as the previous two, namely that the
first Member State where fingerprints are stored or an asylum application is filed is
responsible for an asylum application. One of the main goals of the Dublin Regulation
is to prevent an applicant from applying to many Member States. Another goal is to
reduce the number of asylum seekers circulating, who become a ball from a Member
State to a Member State. The country where the asylum seeker applies for asylum for
the first time is responsible for either accepting or rejecting asylum, and the applicant
cannot initiate the proceedings under another jurisdiction (European Council, 2014;
Wikström, 2015).
In January 2011, the new Law (3907/2011) was adopted to reform the asylum
system in Greece. The new law provides for the creation of a separate Asylum Service
and a system for receiving and identifying "profiles" and the needs of those who enter
Greece without legal formalities, including those wishing to apply for asylum.
6
After two years of postponement of the implementation of the new asylum
procedure by the newly established Asylum Service due to difficulties in, in
particular, securing human resources and equipment, as of June 7, 2013, the Asylum
Attica Regional Office began operating as and the implementation of the new asylum
procedure, now regulated by the Presidential Decree. 113/2013. As regards the
examination of asylum claims already registered by the police, it remains the
responsibility of the police directorates across the country. The launch of the new
Asylum Service and the new legislative framework for the asylum process signal a
particularly positive development, which needs further support to complete the
transition to a fair and effective asylum system in Greece.
Also, since March 2013 the first First Reception Center (KEPY) has been
operating in the area of Evros. Despite the shortage of necessary staff and the
difficulties in making the necessary referrals to protection structures, the operation of
the first CIF. has marked a significant improvement in registering and identifying
newcomers, as well as meeting their basic needs, including medical and psychological
support and providing information on their rights and obligations in a language they
understand. Of particular importance remains the need to strengthen the First
Reception Service, through the establishment of First Reception Centers or the
development of mobile teams at key entry points in the country, especially in the
islands of the Eastern Aegean which are facing an increasing number of arrivals.
Finally, an important development is the ability of the First Reception Service to
establish and supervise Hosting Structures for asylum seekers and unaccompanied
minors (Article 110, Law 4172/2013) in order to fulfill the country's obligations
(European Council, 2014).
But the new need for more effective treatment led the Greek State to adopt a new law
(Steele, 2009; O` Malley, 2018; United Nations Human Rights Committee, 1989;
1994; 2004; European Council, 2014):
• Law 4375/2016
7
- Strengthening the organization, staffing and regulation of matters of responsibility of
the Asylum Service. The Asylum Service is set up as a separate Service of the
Ministry of Interior and Administrative Reconstruction which operates at the
Directorate level, with responsibility throughout the country, directly under the
Minister. Its mission is to implement asylum law. The Asylum Service is established
by the Central Asylum Service and the Regional Asylum Services with Regional
Asylum Offices in Attica, Thessaloniki, Thrace, Epirus, Thessaly, Western Greece,
Crete, Lesvos, Chios, Samos, Leros and Rhodes.
- The elimination of the "First Reception Service" (renaming the Hotspot) and the
establishment and operation of an independent Service entitled "Reception and
Identification Service" (Ministry of the Interior).
- The costs of transporting migrants and refugees within the Greek territory,
8
- Addressing the issues and responsibilities of the Coordination, Management and
Implementation of the Asylum, Migration and Integration and Homeland Security
Fund programs and other resources, and the arrangements for implementing them. It
is important to note that section 81 of the Act provides for the abolition of the
provisions of Chapters A and B of Law 3907/2011 (Government Gazette A '7), no.
189/1998 (A '140), as well as any other general or specific provision that is
inconsistent with the provisions hereof or otherwise regulates the matters which are
the subject of it. With the entry into force of Part C, Part A of PD no. 113/2013 (A46).
Articles 33 and 34 of ne. 113/2013 (A46) are abolished two months after the
publication of the law.
The right of residence of third-country nationals legally entering Greece for one of the
purposes of this Code is subject to the following conditions:
(a) Hold a valid travel document recognized by Greece valid for at least three months
after the last scheduled departure date, containing at least two blank pages and issued
within the previous decade.
(b) Hold a valid national entry visa for one of the purposes of the law, subject to the
specific provisions of this Code.
9
reaching the age of 15 years. Where public policy and security considerations exist,
the competent authority may refuse to grant or renew the residence permit. Public
order and security considerations arising after the residence permit is granted
constitute grounds for revocation. The competent services of the Ministry of Public
Order and Citizen Protection are obliged to reply within two months. The omission
the services of the authorities in a timely manner shall not impede the issuance of the
residence permit decision, unless specifically requested by the above services.
d) Do not pose a risk to public health. Diseases that may justify denial of entry are
those provided for by the World Health Organization and the acquis Communautaire,
as well as other infectious, communicable or parasitic diseases, which require public
health measures to be taken. The finding, after the issuance of the original residence
permit, that the person concerned is suffering from an illness which he was afflicted
with after entering the country is not a reason for not renewing his residence permit or
leaving the country. The Minister of the Interior or the Secretary-General of
Decentralized Administration, where appropriate, may request a third-country
national, if there are serious indications that require it, to undergo a medical
examination within three months of the date of arrival in order to certify that do not
suffer from any of the diseases referred to in the preceding paragraph. These medical
examinations cannot be systematic.
(e) Have full sickness insurance for all risks covered by nationals. Subject to the
specific provisions of insurance law, third-country nationals residing in the country
for work and members of their families, if they are dependent, shall be compulsorily
insured by their respective nationals, depending on their occupation, with their
nationals. Third-country nationals residing in the country for other reasons may be
insured by private insurers.
10
CHAPTER 2
POLICY
The countries are applying the Dublin III Regulation are: Austria, Belgium,
Bulgaria, France, Germany, Denmark, Switzerland, Estonia, United Kingdom,
Ireland, Iceland, Spain, Italy, Croatia, Cyprus, Latvia, Lithuania, Lithuania,
Lithuania , Malta, Norway, Netherlands, Hungary, Poland, Portugal, Romania,
Slovakia, Slovenia, Sweden, Czech Republic, Finland. The authorities responsible for
applying are the Regional Asylum Offices and the Independent Asylum Scales. To
apply, they must contact one of the Regional Asylum Offices.
1. It shall be prohibited to deport until the examination of the application has been
completed.
2. It may circulate freely in the country, unless a particular part of the country in
which it is authorized to move is designated in the carnet.
11
4. Has the right to work under the conditions laid down by Greek law.
5. Has free medical and hospital care provided he is uninsured and destitute.
6. His children have access - and are themselves minors - to free public education.
8. If he / she has a disability of 67% or more, he / she has the right to receive a
disability allowance if he / she cannot stay in a Hostel.
The Obligations of applicants for international protection are (Da Costa Rosa, 1997;
2000; 2004; Danish Refugee Council, 1998):
2. Cooperate with the Greek authorities on any matter related to his application and
verification of his identity.
3. Go to the Asylum Service itself to renew its card before its expiry and at the latest
on the following business day after its expiry.
4. Inform the Asylum Service immediately of his home address and contact details
and any changes. The Asylum Service will send to the address stating documents
related to its application.
5. Observe the deadlines set for him at the various stages of the examination of his
application.
6. Reveal his true financial situation if he enjoys benefits from the State.
7. To comply with the obligations imposed on him in the event of his being housed in
a Hosting Center or other place.
12
1. Must apply for international protection himself, coming to the competent Regional
Asylum Offices or the Independent Asylum Scales. He can also apply for members of
his family if they are with him in Greece and wish to do so. They should also come
with him to the Asylum Service.
2. Due to the large number of people wishing to apply for international protection, it
is difficult to handle the formal procedure of self-appearance at the Asylum Service.
As a result, the appointment date can be rendered via skype web application (Skype
service instructions). As part of the operation of the Service, a photograph of the
refugee is taken and his / her essential information is requested to identify him / her
on the day he / she arrives to receive his / her card or the day he / she arrives at the
Service for his / her registration appointment.
3. When submitting the application, if she cannot consult with the staff member of the
Asylum Service, there will be an interpreter to assist.
4. When submitting his application, he must answer the official's questions with
complete honesty. Failure to submit false information or allegations will adversely
affect the judgment on his application.
6. When applying for international protection, his fingerprints and his family
members who are over 14 years old will be photographed and taken. The fingerprints
will be imported into the EURODAC European Central Base, and if it has applied for
international protection in another European state applying the Dublin III Regulation,
it may be transferred there to process its application.
7. Must submit his travel documents (passport) or any other document in his
possession related to the examination of his application and the identification of his
13
and his family members, country of origin and place of his origin, as well as his
marital status.
9. The Asylum Service will set an interview date for it and will receive an
international protection claim card which may last up to six months. This card must
always be with him.
10. When submitting an application, they shall be informed in a language which they
understand of the procedure, its rights and obligations as an applicant for international
protection, and of the time limits applicable during the procedure.
11. If he is a victim of torture, rape or other serious acts of violence, he must inform
the authorities to assist him.
12. It may request to contact the UNHCR or an organization providing legal, medical
and psychological assistance.
13. During the proceedings he has the right to seek the assistance of a lawyer or other
adviser of his choice (without the mediation of Asylum Service). The fees and costs
of a lawyer or other counselor will be borne by him.
14. If he wishes, he may be given a short time to prepare appropriately for the
interview and to consult a lawyer or other counselor to assist him during the process.
15. Interview and interpretation may be requested by a sex worker of his / her choice
if there are good reasons for this. The request will be reviewed by the Office and will
be satisfied if this is possible.
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2.2 HUMAN RIGHTS
Human rights stem from written and unwritten laws. Rights are individual,
political, social and economic. These are the basic prerequisite for human existence
and make it a living biological, social and spiritual being (UNHCR, 2003draft).
Human rights are the foundation upon which humanity seeks for every human
being on earth to have a peaceful and prosperous future. They act as international
norms and ensure the protection of all people from political, cultural, social and
economic forms, as well as from any other discrimination. Rights have an impact on
the daily lives of all people. In addition, they set the conditions under which everyone
must live with dignity, have a fair and dignified living in their home, workplace and
daily life. For this to be possible, there must be an appropriate legislative framework
and appropriate services that respect and protect individual, social, political, cultural
and economic rights. At the same time, there must be some principles and guidelines
that determine the respect for laws and institutions. Finally, ethical rules should be
laid down regarding people's behavior towards themselves and other people
regardless of their color, race, gender, ethnicity, language and religion in order to
respect Human Rights (OHCHR, 2001; UNHCR, 2003draft).
The United Nations General Assembly on December 10, 1948, having regard
to the Universal Declaration of Human Rights, declared that it would seek to ensure
the recognition, universal and effective implementation of the rights referred to
therein. The aim of the Council of Europe is to create closer unity among its members
and that through the means of achieving this aim it is the protection and development
of human rights and fundamental freedoms. Confirms the commitment to the freedom
of the pedestal of justice and peace in the world and whose preservation is based on a
common understanding and mutual respect for human rights (UN, 2020a; 2020b).
15
The Vienna Convention on the Law of Treaties (1969) includes a preamble
aimed at safeguarding the specific rights of refugees, encouraging international
cooperation in this field and with the assistance, inter alia, of the UNHCR. refugees as
well as addressing the refugee problem in a way that is not a source of tension in
relations between states (Mandal, 2003).
The preamble is worded in bold 'human rights language'. The first paragraph
refers to the international community's willingness to respect the principle that all
people without discrimination should enjoy their rights and freedoms as set forth in
the Universal Declaration of Human Rights. The second paragraph refers to the
United Nations interest in the refugee issue and its efforts to safeguard the freedoms
and rights of refugees. These principles contribute to the interpretation of the 1951
Convention in accordance with the Vienna Convention on the Law of Treaties (UN,
2020a; 2020b).
2.3. DISCUSSION
16
expressed and analyzed in several UNHCR texts and in the Executive Committee's
findings (UN, 2020a; 2020b).
Voluntary return and reintegration continue to be a key priority in the current plan.
17
Psychosocial support is appropriately integrated. The Working Party will seek to
ensure that all regions have adequate Community infrastructure to support the needs
of refugees and migrants. Services provided to refugees are based on their skills,
knowledge and competences, taking into account age, gender and diversity,
promoting self-confidence and empowerment, with a focus on direct support as well
as enhanced management capabilities, coordination and related activities for the
Greek authorities, humanitarian partners and volunteers.
18
CONCLUSION
Refugee issue is evolving as one of the major challenges of our period. War,
violence, conflict, terrorism, and persecution have forced around 70 million people to
relocate in 2019 (UNHCR, 2019a). Most of these vulnerable people are in fragile
countries, already suffering instability, and are forced into internal displacement, or
uncertainty abroad. Policies and legislation are focused primarily on controlling this
crisis and prevailing balance (UNHCR, 2019b). Slight paths for protection and
stability, worldwide, people in need, most of the times, are forced underground to
trafficking and illegal ways, with many dangers, instability, uncertainty (Donà &
Godin, 2018).
The 1951 Convention was the start for settling Asylum and rights to those who
have the qualifications to be called “refugees”. After this time, the universal
community has the obligation to protect refugees, in order to ensure these groups of
people would be no more threatened or by force displaced. If they were, the
Convention decreed the International community would intervene. Nowadays,
refugees are considered to be a specific group of people definite worldwide. The
policy has been pursued for refugees is helping them and their families to escape from
wars and terrorist organizations in search of safety and stability, with no more facing
danger, hunger and inner pain.
To further improve the refugee situation and alleviate the crisis, the following
are proposed:
a. To complete the legal framework for issues related to the care, protection
and integration of refugees and foreigners in Greek society (e.g to have the right to
vote and to be elected).
19
b. To put the services, which deal with the refugees in a single body, for the
better coordination of their activities.
e. To include in the term refugee and persons who leave their homelands due
to financial misery,
20
REFERENCES
Chimienti, M., Counilh, A. L., & Ossipow, L. (2018). Second generation from refugee
backgrounds: affects and transnational ties and practices to the ancestral homeland. In
Forced Migration, Routledge, 145-162.
Da Costa, Rosa. (2000). Integration Rights and Practices with Regard to Recognized
Refugees in Central European Countries. European Series, UNHCR, Geneva
5(1).
Da Costa, Rosa. (2000). Proposed Guidelines for Gender Sensitive Legal Clinics and
Other Legal Aid [Assistance] Providers. In Gender Training Kit and Resource
Handbook on Refugee Protection.
Da Costa, Rosa (1997). The European Convention on Human Rights and Other
International Protection Mechanisms: Selected Texts from the Seminar. Prague.
21
Donà, G. & Godin, M. (2018). Mobile technologies and forced migration. In Forced
Migration, pp. 126- 144. Routledge.
Mandal, R. (2003). Political Rights of Refugees. Legal and Protection Policy Research
Series. Available at http://www.unhcr.org/protect/.
O’Malley, P. (2018). Migration and Conflict. Journal of Public Policy, New England,
30(2): 14. Available at: h ps://scholarworks.umb.edu/nejpp/vol30/iss2/14
UNHCR. (2003). Agenda for Protection. UNHCR, Geneva, 3rd edition. Available
at http://www.unhcr.org/protect/
22
UNHCR. (2019a). Figures at a Glance. Geneva.
UNHCR. (2019b). The Refugee Brief - 20 December 2019 - The Refugee Brief.
Available at: https://www.unhcr.org/refugeebrief/the-refugee-brief-20-december-
2019/
United Nations Committee on Economic, Social and Cultural Rights. (2003). The
right to adequate housing. No 4. U.N. Doc. E/1992/23, annex III at 114 (1991),
reprinted in Compilation of General Comments and General Recommendations
Adopted by Human Rights Treaty Bodies.
United Nations Committee on Economic, Social and Cultural Rights. (2003). The
right to the highest attainable standard of health. No 14. U.N. Doc. E/C.12/2000/4
(2000), reprinted in Compilation of General Comments and General
Recommendations Adopted by Human Rights Treaty Bodies.
United Nations Human Rights Committee. (1994). The Position of Aliens under the
Covenant. No 14. 11/04/86.
United Nations Human Rights Committee. (2004). Nature of the General Legal
Obligation on States Parties to the Covenant. No 34.
Zetter, R., Griffiths, D. & Sigona, N. (2005). The Reception and Integration of
Asylum Seekers and Refugees in Europe: Convergence or Divergence?
Macmillan/Palgrave.
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