Virtual walls in the South East: Turkey on its way to Schengen, by Emre Ertem
01 October 2008
The EU will only grant freedom of movement to Turkish workers when Turkey fulfils the criteria of the Schengen acquis. To facilitate EU accession, Turkey is therefore trying to close its south-eastern borders to unwanted immigration. Amongst other developments, Turkey is planning "reception points" for around 5,000 asylum seekers and is creating a new paramilitary border police force.
In October 2005, Turkey began association talks with the EU. Around the same time Turkish newspapers reported that citizens will soon have new passports with an integrated chip digitally holding their biometric data.[1] The authorities argue that the new e-passport will protect against forgery and misuse, but they also claim that Turkish citizens will be able to travel more "easily" to the EU.
The EU is putting Turkey under pressure. Although Turkey will probably not achieve accession in the foreseeable future, it must still fulfil Schengen criteria. In return, the EU is promising Turkish citizens "freedom of movement" - a strange offer, because according to the Additional Protocol, signed in 1970, to the Association Agreement between the then European Economic Community and Turkey, Turks are already free to travel to the EU without a visa - provided EU states recognise that right. To date, however, they only grant it in so far as they are forced to by the European Court of Justice (ECJ).
In September 2007, the ECJ yet again reminded Member States of Article 41(1) of the Protocol.[2] In a complaint by a Turkish national against restrictive UK entry procedures, the ECJ interpreted Article 41(1) of the Additional Protocol as:
prohibiting the introduction, as from the entry into force of that protocol with regard to the Member State concerned, of any new restrictions on the exercise of freedom of establishment, including those relating to the substantive and/or procedural conditions governing the first admission into the territory of that State, of Turkish nationals intending to establish themselves in business there on their own account.
In Germany, as well as the UK, the Protocol came into force in 1973, so that:
as of 1 January 1973, Turkish citizens in Germany did not have to possess a residency permit in order to enter Germany or reside in the country for the purpose of tourism (for three months), and in the case of providing services (e.g. truck drivers, businessmen) for two months; they could therefore enter without a visa. A visa was also not necessary for the purpose of long-term residency, as long as there was no intention to take up employment.[3]
Despite this stipulation of the Additional Protocol, Germany has required Turkish citizens to have an entry visa since 1980.
Detention centre plans
As an asylum and migration political buffer state, Turkey has been of strategic interest to the EU for at least a decade. In January 1998, EU justice and home affairs ministers passed an "Action Plan" intended to stop the mass flight of Iraqi Kurds towards the EU.[4] The integration of Turkey, however, failed at its first attempt. The Turkish parliament did not pass the laws against "illegal immigration" that the EU had expected her to. The training of Turkish borders guards as well as an increased information exchange could not be realised.
Nevertheless, the plans did not vanish from the EU's agenda. In October 1999, the special Justice and Home Affairs Summit at Tampere approved several Action Plans drafted by the High Level Working Group on Asylum and Migration - including a revised one on Iraq.[5] This now included plans for negotiations with Turkey to achieve cooperation in the deportation of Iraqi Kurds through the country and the creation of detention centres financed by the EU.
In 2003, The British government under Tony Blair came up with a "new vision" for refugees: asylum seekers should no longer lodge their applications in EU states but only in "protected zones", namely, from within detention or 'reception' centres in third states financed by the EU. Only a positive decision on their claim would allow them entry to the EU. A possible partner country envisaged by the Blair government for these plans was Ukraine, but Turkey's potential as a buffer state was also recognised:
For example, Iraqis who claimed asylum in the UK could be moved to a Protection Area in, say Turkey, Iran, or the Kurdish autonomous Protection Area. In such an area they would receive protection and could in due course apply for a resettlement place [in the EU or a third country].[6]
This suggestion would have implied the abolition of the Geneva Refugee Convention, which the EU decided against at the time. Although a complete legal re-haul appeared to be inappropriate, in practice, the EU tried to export its asylum problem out of EU territory through increasingly restrictive border surveillance.
Blair's "protection areas" now became "protection programmes". In September 2005, the Commission presented a corresponding Communication.[7] The basic idea was retained: building EU-financed detention centres in third states in order to create "durable solutions" - all of them outside of the EU: "repatriation, local integration or resettlement in a third country". The Commission envisaged pilot projects in African countries as well as the "Western Newly Independent States", in particular Ukraine.
In the course of Schengen integration, Turkey followed the EU in its detention centre plans. According to Turkey's "national action plan on the integration of the European acquis concerning migration and asylum", it will build seven "reception centres" with a capacity of around 5,000 asylum seekers.[8]
Conditional asylum
However, there is a legal problem because Turkey only signed the Geneva Convention with a geographical limit on the agreement's applicabilition only refugees from Europe can apply for asylum in Turkey. The EU has repeatedly called on Turkey to withdraw its geographical reservation. Although Ankara promised in July 2004 to pass a law without the restriction by the following year, it has since postponed the plans until 2012.[9] According to Prof. Kemal Kirisci, Turkey's decision to postpone the law reform is related to her mistrust of the EU:
the biggest nightmare scenario for officials, is that the geographical reservation is withdrawn, whilst their wish to join the EU is not taken seriously. Many officials as well as a large portion of the population do not trust the EU ..."[10]
Despite this scepticism, Turkish authorities have just passed the second phase of the asylum "twinning" project with British and Danish experts in October 2007.[11] According to the vice president of the Turkish security services (police), Emir Arslan, the next two phases of the project will be realised by 2012.[12]
New border police and technical arms build-up
2012 will be an important year for Turkey's border management. This is when a newly created police force will take control of Turkey's borders.[13] This paramilitary border guard force will have 70,000 officers. Although the precise technical equipment of the new force has not yet been defined, it is known that Turkey will buy five F-406 REIMS aeroplanes and that the STAMP weapons system - developed by the state-owned arms manufacturer ASELSAN - will be deployed at the southern borders.
Furthermore, an electronic security system will be implemented to ensure an integrated border administration. ASELSAN and the Turkish security technology company STM are taking part in the development of the EU security project TALOS (Transportable Autonomous Patrol System for Land Border Surveillance). Furthermore, STM is a project partner of OPERAMAR (InterOPERAble Approach to European Union MARitime Safety and Security Management).[14] "Since 2007, shared databases have been used by the authorities to screen people crossing the borders," the EU Commission notes in its report on the country's progress in the adoption of the community acquis.[15] Since 2004, "a national office within the Interpol service acts as the central authority in accordance with the Schengen agreement and, since 2004, as the Europol and OLAF [European Anti-Fraud Office] contact point." The Commission also notes, however, that Turkey still needs to step up "efforts" if it wants to participate in the Schengen Information System.
Turkey also takes part in two early warning systems: that of the Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration (Cirefi), through which information on "first indications of illegal immigration and facilitator networks, particularly in the countries in which migration originates" is transmitted. [16] In addition, Turkish airports participate in ECFALIS (European Civil Aviation Conference Facilitation Information System on illegal immigration) for early warning against illegal migration.[17] Last but not least, Turkey ratified the agreement laying down the prerogatives and privileges of the International Organisation for Migration (IOM) in October 2003.
This article first appeared in “Bürgerrechte & Polizei/CILIP”, 91 (3/2008)
References
1. Yeni afak, 16.11.07
2. ECJ Judgment of 20.9.07, Case C-16/05
3. Senol, E.: EU-Türkei: EuGH zur visumfreien Einreise von Türken, www.jurblog.de, 17.12.07
4. Council document 5573/98, 29.1.98
5. Council document 3769/2/99, 15.9.99
6. UK government: A new vision for refugees, Restricted Policy, draft Final report, 5.2.03, pp 2-3
7. COM (2005) 388 final, 1.9.05
8. ltica ve Göç Alanýndaki Avrupa Birliði Müktesebatýnýn Üstlenilmesine Ýliþkin Türkiye Ulusal Eylem Planý, 25.3.05,
www.hyd.org.tr/staticfiles/files/turkiye_ulusal_eylem_ plani.doc
9. Amnesty International Turkei: Pressemitteilung, 18.5.05:
www.amnesty.org.tr/sindex.php3sindex=vifois2405200501
10. Kiriºçi, K.: Reconciling Refugee Protection With Combating Irregular Migration: Turkey and the EU, www.sam.gov.tr/perceprions/Volume9/June-August2004/kemalkirisci.pdf
11. Zaman, Sýnýr Polisi: 2012’de görevde,
www.zamam.com.tr/haber.do?haberno=613958
12. ibid.13. ibid.
14. STM: Avrupa Birliði 7. Çerçeve Programý'nda iki projede görev alýyor,
www.stm.com.tr/News.aspx?news=86
15. See the list of reports and summaries thereof at
http://europa.eu/scadplus/leg/en/lvb/e22113.htm
16. http://europa.eu/scadplus/leg/en/lvb/l33100.htm
17. www.exodus-network.org/files/ECAC Extracts Statment.pdf