AN ISLAND lying on the edge of three continents with a long history of invaders, Cyprus is no stranger to foreigners. But shifting sands in the world’s geographic and economic make-up, notably the latest round of EU enlargement, means Cyprus will now have to deal with a new kind of ‘foreigner’… the asylum seeker.
Every day, political refugees fleeing persecution or migrants looking for a better life are risking their lives to reach Europe’s borders. Throughout the Union, authorities are faced with the task of sifting through huge numbers of applications, with one eye on respect for human rights and the other on asylum policy. At the moment, limiting the entrance of third country nationals holds more weight than dabbling with human rights.
Within the EU, asylum seeker applications are processed at the first port of call. Effectively this means if we let them in, they become our responsibility.
So, just how prepared is Cyprus?
According to one non-governmental organisation (NGO), the Refugee Law passed in 2000 goes beyond the minimum standards required by the EU.
But KISA (Action for Equality, Support and Antiracism) President Doros Polycarpou warns that if the authorities don’t start putting law into practice, they could end up paying huge sums for human rights violations at the European Court.
“Children of asylum seekers are living in brothels because there is no housing policy. The same department that puts them there (Welfare Department) would normally take children away for living in those conditions.”
Constant changes in EU policy have led to three amendments to national law in two years, bringing instability and difficulty in implementation.
According to Polycarpou, the problem is three-fold. First, there is no permanent staff to deal with asylum seeker applications, nor is there an independent Review Body to handle appeals. Second, police use delaying or deterrent tactics against asylum seekers to block access to procedure. And lastly, if the process begins, there are no co-ordinating substructures to deal with feeding, housing or caring for asylum seekers, who are very often left to their own devices.
The competent authority for examining asylum applications is the Refugee Authority (RA), and no other authority, apart from the United Nations dealing with a backlog of earlier applications, has the right to investigate the information relating to an asylum application.
According to Polycarpou, the authority, made up of temporary staff (after the original staff left), has just begun to look at the 2,000 or more applications. So far, 90 cases have been processed. Of these, 80 were dismissed outright while 10 applicants were given temporary protection.
“Under pressure to start, they picked up the easiest cases where applicants had no case. But the other applications will prove a lot more serious,” warned Polycarpou.
He also highlighted the need for trained permanent staff to tackle sensitive issues. “It’s a very difficult job. You are deciding on someone’s life. Your actions could put people in jeopardy.”
According to Polycarpou, the independent Review Body set up under the new law had to be disbanded after the EU pointed out that its members, three lawyers from the Attorney-general’s office, could not objectively review government decisions. A new body will now be formed after a third legal amendment is passed within the next few months.
But in order for the Refugee Authority to work, the asylum seeker has to get his application in. “Access to procedure is very important. If you don’t manage to apply, you have no chance,” says Polycarpou.
Despite the fact you have the right to apply for asylum at all entry points or in all police stations, each district has a designated Immigration Police Office. In Nicosia, this is the Paphos Gate police station. Police have no authority to investigate an application. Their job is to accept the form and take fingerprints. That’s it.
“From our experience, we found that police use several means to persuade people not to apply. KISA has had a number of complaints against Paphos Gate for ill treatment of asylum seekers, abuse of procedures, interrogation, blackmail and threats in an effort to discourage them from submitting an application,” says Polycarpou.
“They ask people to come again and again until they arrest them for illegal entry or illegal stay. But it’s not a criminal act to enter illegally if you are seeking asylum,” he explains.
“We had a couple seeking asylum. At the station, police interrogated them separately, asking them repeatedly how they planned to survive in Cyprus. The husband replied he would work to provide for his family and children. The wife said she would work for her husband who was ill. The police accused them of entering for employment and secured their deportation. Luckily, we intervened and stopped them getting deported, at least giving them the chance to apply.”
Polycarpou gave other examples: an asylum seeker in Larnaca was told by police he had to go to Nicosia to apply while another was told to look for a job at Immigration, knowing he would likely be arrested for illegally searching for work.
KISA sent a complaint to the Ombudsman’s office in July about three asylum seekers that got arrested at Paphos Gate when they went there to apply.
In her response, dated September 19, 2003, she describes the police action as “characteristic”. She pointed out it was not the job of the police to assess the credibility of an asylum applicant at the station. In concluding, Iliana Nicolaou, asked that all immigrants currently detained in ‘Block 10’ after being arrested at Paphos Gate and detained without due process to be released immediately.
The problem does not end there. “Let’s say they get the procedure going. Then, there are many other aspects to deal with: housing, integration, employment, welfare benefits, health, and education. These are all the state’s responsibility,” said Polycarpou.
“Refugees have the same rights as Cypriot citizens towards these issues and asylum seekers too. That’s the law, but not the practice. In our opinion, the infrastructure is not there,” he added.
“There is no housing policy. Asylum seekers and their families end up in red-light areas, staying in run-down hotels where sex is for sale.”
Polycarpou acknowledged that various departments were understaffed. “We understand the Welfare Department lacks personnel and has other priorities, but on the other hand, the government is not willing to implement a proper housing policy. Those that get housing very often can’t pay the rent because they can’t get jobs. The Labour office is not fully equipped either. Applicants and refugees either have no access to the labour market or they get the jobs no one else wants.”
The KISA president reminded that it was the obligation of the state to provide for refugees or asylum seekers. “There is no department to handle this. The Labour Ministry passes it to the Interior Ministry who passes it back, and so forth,” he says.
“By themselves asylum seekers will never get houses. Who will rent a place to a foreigner who’s just arrived with no job and who doesn’t even know if he can stay?”
Although meetings with the authorities show understanding, Polycarpou argues they don’t have a solution. “They all blame lack of personnel, but it’s been the same answer for years.”
These are the problems facing us now. What happens when we join the EU?
“The EU gives financial assistance to guard its borders. They’ve already helped buy equipment to guard the coastline. But without a solution to the political problem, the biggest issue will be controlling entrance from the north and Turkey,” he says.
According to Polycarpou, the problem will not go aw
ay, no matter how tight border controls get. “We are going to deal with this every year. People are desperate. They will find ways to get to Europe and Cyprus.”
“If the reasons for asylum aren’t solved, people will continue risking their lives. When you face persecution, when you don’t have the basic needs to survive, you will do anything for you and your family to get out.”
Doros Polycarpou is President of KISA, an NGO support group providing free legal advice and counselling to migrants. KISA is currently funded by the UN but this funding is likely to end by 2005. The state does not provide legal aid for appeals to the RA’s decisions.
