Turkey Reformulates its Immigration Laws Introducing Alternatives to Detention
In response to the escalating migration situations following the EU-Turkey agreement in March 2016, the country has made extensive strides with an aim to improve adherence to human rights. Turkey has been impelled to make amendments to its premier asylum and migration law and included alternatives to immigration detention (ATDs) under it. The modification not only underscores the significant rise in detention capacities but also highlights the need to manage the migration crisis more diligently.
New Approach to Reinforce Immigrant Rights
The implementation of seven new alternatives serve not only as a reinforcement of the rights of migrants, but also as a strategic attempt to de-emphasize largely on detention. The laws are formulated in concurrence with the guidelines mentioned in international treaties and domestic law provisions of the Turkish constitution, placing the focus on the fundamental rights and liberties of international immigrants above the domestic laws. These alternative measures will be exercised only as a last resort. The changes are regarded as respectful and considerate towards the rights of migrants and are in direct alignment with the Objective 13 of the Global Compact for Safe, Orderly and Regular Migration.
Towards More Humane Immigration Laws
Moving towards more humane immigration regulation, the European Court of Human Rights (ECtHR) has ruled that the detention law for vulnerable individuals should strictly conform to the guidelines stated under Article 5 of the European Convention on Human Rights (ECHR). It emphasizes the need for less coercive measures that uphold the dignity and rights of the migrants.
Addressing the Pitfalls of Existing Detention Law
Turkey, as a host to over 3.4 million refugees and operating an extensive detention system, needs to enforce ATDs. The key factors for initiating such changes are to ensure that human rights are upheld and to address the existing deficiencies and dismal conditions under the current detention legislation. The restructured legislation proposes a range of ATDs that include residing at a specific address, fulfilling reporting obligations, family-based return, participating in return counseling, volunteering for public service, financial guarantees, and electronic monitoring. These are designed to safeguard vulnerable individuals and ensure harmony with human rights related standards.
Interestingly, while the EU is in favor of enforcing ATDs in Turkey, it seems to retain an inherent dichotomy when it comes to its policies concerning externalization and containment. The traditional focus of these policies pivots around border security and control of migration, which starkly contrasts the human rights-oriented approach of ATDs. As the issue of migration continues to be a major concern, striking a harmonious balance between maintaining border control and protecting rights remains a significant challenge not only for Turkey, but the EU as well.
