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the situation for the iranian ex:
Komala Party _ Iranian Kurdistan
Representative Abroad
The situation for the Iranian ex-Northern Iraqi refugees in Turkey is critical. There are 470
political cases, about 1200 people; men, women and children calls Iranian ex-Northern Iraqi
refugees. These people are in turkey waiting for the UN to send them to a third and safer
country that will accept them as quota refugees.
These people arrived in Turkey form Northern Iraq about 4 or 5 years ago and were granted the
status of refugees by the UN at the end of 2004 and the start of 2005. In spite of this none of
them were flown out of Iraq to settle in countries that would accept them as quota refugees.
Their situation as political refugees in Turkey is critical. Several human rights organizations
and political organizations have informed the UN about their situation. In the summer of 2005
40 of the refugees went on a hunger strike that lasted for a month. Only after a request from the
UN about meeting their demands did they agreed to stop the hunger strike.
The UN and representatives from the refugees have had several discussions about the case, but
so far the refugees have not been satisfied with the results. They feel that the UN does not
express any clear intentions of solving their problems.
We as Komala ask the following:
1. In the last discussion the representative from the UN said they were still working on finding a
solution to the problem. For now 30 or 40people are scheduled to be sent to a third country for
medical reasons and some for security reasons. This is 30 to 40 cases. It is a
Positive thing for these 30 to 40 people, but it is not a solution for all 1200 people. Many of the
refugees are ill, small children or tired people who need lasting protection, medical treatment,
schooling and a new lige outside Turkish borders. They simply have nothing to do in Turkey.
2. We hope that the UN has a plan for a hasty processing of all these people's cases, not only the
dying and critically ill. These groups of people are suffering from many different problems. We
hope you save them from the inhumane situation in Turkey as quickly as possible.
They are mistreated by the Turkish police, as you surely know, because they are Kurds. They
do not have the money necessary to renew their ID papers. Turkish authorities charge several
hundred dollars to renew these papers every year. They do not have enough money to send their
children to school because the children will then need lunch and school material.
They can not afford medicine and they live in rotten and mouldy apartments. They can not even
afford food. It is completely unacceptable and a breach of human rights.
3. They need help to pay for sustenance, rent and medicine. The UN has helped them
financially on a few occasions, but this is not enough. People who are given protection by the
UN must automatically also receive financial help. The UN can not deny them the necessary
Financial aid to pay for livelyhood, rent and medical treatment. This is in conflict with UN
conventions and we demand a speedy processing of this case.
Sweden
4. The UN's plans. These refugees have an uncertain future. Children are growing up without
going to school; the elderly are suffering both physically and mentally. Families are split apart
because they have no means of supporting themselves. The UN need to have clear opinions on
Their stay in Turkey and answer questions from the refugees. The UN need to establish a
commission to investigate the situation for these people.
On behalf of 1200 people called the Iranian ex-Northern Iraqi refugees, we again ask the UN to
find a humane solution to this problem and to make sure these people are not forgotten.
Enclosed: Appeal and a declaration of support from hundreds of activists and several
organizations and parties, in Kurd, Persian and English.
Jafar Ilkhanizadeh
Komala Party’s Representative Abroad
Tel: +46-224-86149
Mail: [email protected]
Mobile: +46-736256320
FAX: +46-224-86149
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http://web.amnesty.org/library
3.2 Waiting for a solution – the case of Iranian Kurds in Turkey
Amnesty International is concerned about the
situation of a group of some 1,200 Iranian Kurdish refugees who fled to Turkey
between 2001 and 2003 having previously claimed asylum in Northern Iraq, and who
have been waiting for a durable solution for some years in Turkey.
This group was part of a larger group of Iranian Kurdish refugees who had
originally fled Iran and claimed asylum in Northern Iraq in the 1990s and were
registered there by the UNHCR. Due to a lack of effective protection in Northern
Iraq at the time, resettlement was the primary tool of both protection and
solutions for this group of refugees. However, in 1999, the UNHCR office
discontinued resettlement referrals from northern Iraq, leaving the group of
refugees with no effective access to a durable solution. In 2003, the UNHCR
office in Northern Iraq was closed as a result of the deteriorating security
situation in the region. As they were unable to access either effective
protection in Northern Iraq, due in part to the deteriorating security situation
in the region(13), or a durable solution in the form of resettlement to a third
country, the group fled to Turkey, either via Iran or directly from Northern
Iraq. Many of the group allege that they were advised to do so by UNHCR staff in
Northern Iraq.
Turkey maintains a geographical reservation to the Refugee Convention and its
1967 Protocol, which means in effect that non-European refugees are unable to
receive protection from the Turkish government. In the case of non-European
refugees in Turkey, the authorities will register their details but leave it to
the UNHCR office in Turkey to determine their status. Persons recognised as
refugees under the mandate of UNHCR are referred for resettlement to a third
country. Pending resettlement, non-European refugees in Turkey are provided only
with temporary protection.
However, while the group of 1,200 Iranian Kurdish refugees have been recognized
as refugees by UNHCR in Turkey, as well as by UNHCR in Northern Iraq, the
Turkish authorities have refused to grant protection to these refugees on its
territory and have refused permission to the vast majority of this group to
resettle in a third country, which has placed them at serious risk of
refoulement to Iran. In addition, it appears that third countries of
resettlement are also unwilling to accept this group of refugees due to concerns
that the refugees, legitimately through the principle of family reunification,
would eventually be joined by family members, which would result in a
significant increase in the numbers of persons being resettled.
Members of this group have been compelled to sign statements by the Turkish
police, declaring that they will not be treated officially, in accordance with
the regulation that lays down the rights of asylum seekers and refugees in
Turkey,(14) but rather in accordance with the law that deals with foreigners
seeking to visit or reside in Turkey(15). The statement further asserts that
they will be given temporary residence permits under which they risk
refoulement to Iran if they cannot renew these permits or if they act in a
way ""contrary to public order, public health, general morality or national
security"". Finally, the statement indicates that permission will not be given
to allow them to be resettled in third countries, and that they shall not
benefit from any of the medical support afforded to other refugees. Local
lawyers have been informed by the Turkish Ministry of the Interior that the
measures are necessary ""in order to discourage the coming of other foreigners
of Iranian origin to our country""(16).
The organization is concerned that this group of refugees have not been provided
with access to effective protection, including a timely and appropriate durable
solution, despite being recognized as refugees under UNHCR's mandate. In
addition, this group of Iranian Kurdish refugees have been provided with a lower
level of financial aid by UNHCR Turkey compared to others in the country. This
has particularly affected those refugees who have serious health problems as
well as other vulnerable groups among them including women, elderly people and
children, since they cannot afford treatment in Turkish hospitals.
Recommendations
Amnesty International urges the Turkish
government:
· To lift the geographical reservation to the 1951 Convention Relating to the
Status of Refugees and its 1967 Protocol and undertake to provide effective
protection to all refugees under its jurisdiction;
· To treat the members of this group in accordance with the 1994 Regulation that
lays down the rights of refugees and asylum seekers in Turkey;
· To undertake to uphold the principle of non-refoulement;
· To give permission to all refugees who have obtained visas from a third
country to leave Turkey to be resettled in a third country;
· To enable all refugees on its territory to enjoy their fundamental human
rights, including the right to work, to an adequate standard of living and to
adequate housing. Particular attention should be given to the situation of
vulnerable individuals;
Amnesty International calls on UNHCR:
· To refrain from any actions that might amount to discrimination towards this
group of refugees and to provide them with the same level of support as enjoyed
by other persons recognized as refugees under UNHCR's mandate in Turkey;
· To advocate for and facilitate the resettlement of this group to third
countries;
Amnesty International calls on third countries:
· To urgently consider offering places for resettlement to all members of this
group of refugees.
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Dear Ladies and Gentlemen,
full of worries about the 1200 Kurdish refugees, who are at the moment accommodated in several Turkish cities, like for example Isparta, Van, Yozgat, Afyon, Karaman and Eskişehir, I want to turn with this plea full of hope to you.
Like you probably know, the refugees from Kurdistan/Iran stayed until the middle of 2001 in a refugee camp in Kurdistan/Northern Iraq, which was run by the UNHCR. Due to the attacks on this camp by the Iranian army and secret police the responsible field office of the UNHCR as well as the camp itself were shut down. The refugees fled to Turkey, where they were acknowledged as political refugees by the UNHCR on the 04.12.2003 according to the Geneva Convention on refugees from 1951. Because Turkey has signed a treaty that grants refugees, recognized by the Geneva Convention, only a restricted time of shelter, it was agreed on that the UNHCR should take care of a permanent right to stay for the refugees in different EU countries within the next six months.
Until today this wasn’t realized, so that the refugees still are in Turkey and are furthermore even threatened now to be deported back to Iran. Besides this, the assistance of medical treatment, scholar education of their children and the help for their livelihood, granted by the Geneva Convention, were stopped several times by the UNHCR. Because of the protests and demonstrations of the refugees these assistances were again given to them. For an example, when these supports were again shit down in the middle of 2004 many refugees from the different Turkish cities went on hunger strike. In negotiations with the refugees the UNHCR confirmed not only that the medical treatment and the assistance for their living will be again guaranteed, but as well promised to them, that within the next six months they will finally end up with a solution regarding the distribution of the refugees to the EU states in combination with a permanent right to stay. Therefore the hunger strikers stopped their protests.
Right now, contrary to all promises, the refugees still have to stay in Turkey and their assistance was again denied. Due to oral statements by the UNHCR it was recommended to the refugees, that they should “voluntarily” travel back to Iran, because now a liberal government has been elected there. This is supposed to mean that it can’t be proceeded anymore with speaking of a live threatening situation on behalf of political activists in Iran. By saying this the UNHCR totally ignores the common opinion that the new president Mahmoud Ahmadinejad is being seen as a conservative hardliner and that his election is regarded by the Iranian reformist movement as a shocking blow (see for details: country report on www.ecoi.net).
Considering the imminent deportation several refugees went again on hunger strike since 01.06.2005. Their demands consisted of the guarantee concerning the medical and financial assistance and a decision which should be found as soon as possible on behalf of the right to stay in EU countries – demands, which were promised to them at the end of 2003.
Because of new negotiations with representatives of amnesty international and the UNHCR the 47 protesters stopped their hunger strike on the 11.07.2005. Again they have been promised that a solution will be conducted as soon as possible.
I protest emphatically against these inhuman conditions and the fear, which the refugees are confronted with because of the uncertainty of their situation and the imminent deportation back to Iran! Therefore I ask you to commit yourself with high priority to the immediate continuation of the medical and financial assistance of the refugees as well as the realization of the promised right to stay in different EU countries! I would really appreciate it receiving an answer or statement from you.
Yours sincerely,
Jahan