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International Agreements

Dáil Éireann Debate, Tuesday - 14 June 2016

Tuesday, 14 June 2016

Questions (357)

Darragh O'Brien

Question:

357. Deputy Darragh O'Brien asked the Minister for Foreign Affairs and Trade the status of the impact of the EU-Turkey migration deal negotiated in March 2016; the mechanisms that have been put in place to ensure the human rights of refugees returned to Turkey are protected; and if he will make a statement on the matter. [15887/16]

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Written answers

The core intention of the Agreement which emerged from the March European Council is to break the business model of the people smugglers who are profiting from the suffering of the vulnerable. In particular, it aims to discourage the victims of people smugglers from risking their lives and dangerous sea journeys. The very significant decline in the number of people attempting to cross the Aegean Sea from Turkey to the Greek Islands since the agreement entered into force suggests that it is achieving its aims.

The need for the agreement to comply with EU and international law was a key concern for very many EU Member States, including Ireland. The legal advice of the EU institutions and the Attorney General’s Office was that the terms of the Agreement were not in breach of EU or International law.

The EU and Turkey have agreed that there will be no blanket returns. Each migrant has the right to apply for international protection in Greece and to have their application assessed on an individual basis in line with international law, including with a right to appeal. Part of this assessment process includes ascertaining whether Turkey can be considered a safe country given an irregular migrant or asylum seeker’s individual circumstances.

Turkey has provided formal guarantees as part of the EU-Turkey Agreement that Syrian refugees returned to Turkey will be granted temporary protection upon return. Non-Syrians in need of international protection who are returned to Turkey, will also be able to apply for and receive protection there. The European Commission reported on 4 May that Turkey has received all those returned from Greece in accordance with the Agreement.

The EU is also committed to assisting Turkey deal with the enormous challenge of hosting some 2.7 million refugees and to improve the situation for these refugees. To this end, the EU has established a €3 billion Facility for Refugees in Turkey. This Facility aims to support Syrians and other refugees by providing access to food, shelter, education, and healthcare.

I am aware of reports by Human Rights Watch and Amnesty International, including testimony from migrants and witnesses that some Turkish border guards have used violence against Syrians. These reports are very worrying and will require a full investigation by the Turkish authorities. While Turkey has a right to secure its border with Syria, all actions on the part of Turkey must be in line with international law.

More broadly, the issue of human rights in Turkey has been raised by the Taoiseach at European Council and continues to form an integral part of the country’s enlargement process, which we, along with our European partners keep under close review. At the Foreign Affairs Council on 23 May, I reiterated Ireland’s concerns in respect of the rule of law, human rights and freedom of the media in Turkey and the need to hold Turkey to account to the core European values inherent in the accession process.

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