1) General Information
- Turkey is on a major migration route with ever-increasing numbers of illegal immigrants from its economically and politically unstable East trying to cross its territory towards Europe.
- Given the magnitude of the problem, the solutions are beyond the means of a single country, requiring international burden sharing. Providing shelter, food, medical treatment as well as bearing the return costs of such high number of illegal immigrants puts heavy financial burden on the already strained resources of Turkey.
Statistical data on illegal migration
Nearly 700.000 illegal migrants were apprehended in Turkey within the period 1995-2007. One of the main features of illegal immigration is the fact that it is being conducted by organized networks.
YEAR |
APPREHENDED
ILLEGAL MIGRANTS |
APPREHENDED HUMAN SMUGGLERS |
2000 |
94.514 |
850 |
2001 |
92.365 |
1155 |
2002 |
82.825 |
1157 |
2003 |
56.219 |
937 |
2004 |
61.228 |
957 |
2005 |
57.428 |
834 |
2006 |
51.983 |
951 |
2007 |
64.290 |
1242 |
* Human smuggling is to assist for profit purposes, persons who do not possess a permanent residence in Turkey, to enter and reside illegally and Turkish nationals to exit the country illegally. Human trafficking differs from migrant smuggling. Human trafficking is the recruitment, abduction, transportation, transfer of persons, by means of the threat or use of force/coercion or of the abuse of power or of deception, for purposes of sexual and labour exploitation and of organ removal.
2) Fight Against Illegal Migration
A) Legal measures:
Turkey signed the United Nations Convention against Transnational Organized Crime and its Additional Protocol against the Smuggling of Migrants by Land, Sea and Air. This agreement and its addition were accepted in Turkish Grand National Assembly on 18 March 2003.
Legal measures which were taken in accordance with the “Protocol Against the Smuggling of Migrants” are as follows:
- “Law on Work Permits for Aliens” was accepted on 27 March 2003. The law was put into force on 6 September 2003. The Ministry of Labour and Social Security is authorized to issue all types of work permits for foreigners to ensure better management and control over the process.
- Law on Amendment of Turkish Citizenship Law No: 403 was accepted on 4 June 2003. With this amendment, a probation period of 3 years is required for acquiring Turkish citizenship through marriage.
- The Road Transportation Law came into force on 19 July 2003 and the Road Transportation Regulation became effective in 2004. The regulation states that transportation permit shall not be renewed for 3 years and the vehicle used will be seized if the person is sentenced for migrant smuggling.
- The article 79 of the new Turkish Penal Code Law No:5237 which was put into force on 1 June 2005, defines migrant smuggling. This article introduces a provision stipulating penalties of 3 to 8 years of imprisonment and 10000 days judicial fines to migrant smugglers. If the crime is committed by perpetrators acting as an organization, the penalty to be imposed shall be increased by half. Article 79 also provides for coercive measures (confiscation of assets,…) on legal entities involved in migrant smuggling.
- Turkey readmits her own nationals in accordance with its Constitution and Passport Law. She also readmits aliens having valid Turkish residence permits. If it is proved that illegal third country nationals have departed from Turkey, they will be readmitted if returned by the same or a subsequent flight in accordance with the ICAO rules and practices.
B) International Cooperation
- Readmission agreements are effective instruments in combating illegal migration and encouraging states to take serious measures against this phenomenon. Within this context, it is Turkey’s priority to sign readmission agreements with source countries. To this end, Turkey signed Readmission Agreements with Syria, Kyrgyzstan, Romania, Ukraine and Greece to fight against illegal migration, and continues negotiations with Pakistan.
- Within the framework of alignment of Turkey’s asylum and migration strategy with the EU legislation, “Migration and Asylum” Twinning Project was implemented from 8 March 2004 to 8 March 2005 with the cooperation of Denmark and England. Various seminars were held and the “National Action Plan on Migration and Asylum” was approved by the Prime Ministry and submitted to EU Commission.
- The Turkey-EU Twinning Project on Integrated Border Management was implemented with the cooperation of France and England. An Action Plan for Implementing Integrated Border Management Strategy was signed by the Prime Minister in March 2006 and submitted to the EU Commission.
- Turkey became a member of International Organization for Migration on 30 November 2004. In addition to migration issues, Turkey is also cooperating with the said organization in combating human trafficking.
- Turkey assumed the Presidency of the Budapest Process in January 2006. Budapest Process is an inter-governmental unofficial cooperation and dialogue forum which involves 50 countries’ governments and 10 International Organizations and aims to prevent illegal migration; establish sustainable mechanisms in the field of migration management.