By Nicos Trimikliniotis*
The government, indefinitely and without explicit reference to any legal basis, invokes an “emergency situation due to sudden influxes” from Syria to suspend the processing of asylum applications from people of Syrian origin.
It follows in the footsteps of former interior minister Nikos Nouris who had invoked Article 78(3) TFEU (Treaty on the Functioning of the EU) when he similarly, but unsuccessfully invoked that article.
The new government continues with the practices of pushbacks, which amount to unlawful refoulement violating the Geneva Convention, first initiated during the pandemic by the Anastasiades government for which the country is facing court action before the ECHR.
In fact, the Christodoulides Government is more aggressive, using the National Guard in its anti-refugee drive. In addition to the police coast guard, the navy is accompanying the operations off Lebanon, as immigration and asylum are literally weaponised and securitised, under the rubric defence of the so-called National Security Council.
In this context, the head of the National Guard accompanied the President during his recent trip to Lebanon.
Moreover, benefit cuts and exclusion from the labour market are causing impoverishment and exploitation of asylum-seekers, while repression against migrants has reached new levels with the death of 19-year-old Anis, a Bangladeshi worker, caused by the police raid on the apartment where migrants were staying last week.
The Christodoulides Government, however, has also chosen another “route”: It suspended the examination of asylum applications for 21 months for Syrians under Article 31 of EU Directive 2013/32. Such suspension is only allowed in cases where the country of nationality is in an uncertain situation, which is not justified in the case of Syria.
We are talking about a country in ruins, torn in pieces with its people under constant danger, as the EUAA Country Guidance Syria 2023 demonstrates.
The President himself has made abundantly clear that the suspension of the examination is done for two reasons:
(a) to send a message that Cyprus is not a hospitable country for Syrians aiming to reduce refugee flows from Syria, and
(b) to place pressure on the European Union to designate certain parts of the Syrian territory as ‘safe’ – irrespective if it is or not safe.
As the legal Scholar at Glasgow University, Andreas Piperides [1], aptly suggests, this is legally unfounded as such reasons cannot justify the violation of the international obligations of the Republic of Cyprus under the Geneva Convention on Refugees and the European Convention on Human Rights.
Moreover, the EU does not seem to have accepted the request for an extension to 21 months either.
Whilst it is true that there is an increase in the number of irregular arrivals by sea of people of Syrian origin via Lebanon, let’s not forget why this is occurring. Lebanon is effectively at war with Netanyahu’s Israel, a country committing genocide in Gaza but still considered an ‘ally’ by the government of the Republic of Cyprus.
In any case, the possibility of more people seeking refuge in Cyprus must not lead to panic and the cultivation of a climate of hysteria by the Government is unacceptable.
Instead, what the Government must do is to seriously embark on the following tasks:
First, it must take a clear stance to stop the genocide and war against the people of Palestine who must be allowed to exercise their right to self-determination and free themselves from the Israeli yoke.
Second, in the meantime, reception conditions must be improved as Cyprus must be prepared if more refugees arrive to Cyprus, to support people fleeing from the danger in our region.
It is crucial that Cyprus insists on EU support, including ensuring that a robust system of financial support, aid and relocations is in place. Moreover, it must combat racism and xenophobia that has been dangerously growing lately.
The measures imposed by the government are unacceptable as they are the exact opposite of what they should have been. They are disproportionate, illegal and contribute to the anti-immigration and anti-refugee hysteria deliberately spread by the far right.
As regards Article 78(3), which Mr Nouris then invoked, which provides that when one or more Member States are faced with an emergency arising from a sudden influx of third-country nationals, the Council may, on a proposal from the Commission, adopt provisional measures in favour of the Member State or Member States concerned.
The Council shall act after consulting the European Parliament.
While it is possible, in certain limited circumstances, for an EU Member State to make an exceptional request to the Council for emergency, temporary measures of benefit, none can be implemented unilaterally, as a proposal from the Commission is required and only after approval by the European Council.
Article 78(3) cannot include an indefinite abolition of the right of asylum, but neither does Article 31 of EU Directive 2013/32 allow for such a thing.
Provisions for emergencies do exist in EU law, but these allow for limited and temporary measures, not for the abolition of rights.
When Mr Christodoulides says that the Republic of Cyprus “suspends the examination of asylum applications” this suspends indefinitely the right of access to asylum, which directly undermines a core element of international refugee law, namely the principle of non-refoulement.
The government’s measures are intended not only to suspend but to effectively abolish the right to asylum for Syrians coming from supposedly safe areas – hence they believe it will have a deterrent-punitive character for people they consider to all be voluntary migrants and not refugees.
This cannot be allowed. Even worse, military-style pushbacks are unlawful refoulment conducted with the participation of the navy and police and are blatantly contrary to international and EU law.
This is incompatible with the action of a democratic polity; it is even more despicable and hypocritical for a country that constantly invokes Ankara’s violation of international law.
Notes
- Andrea Georgiou 15/4/2024 City.com.cy, “How much (legal) weight does N. Christodoulides’ decision to tackle the migration issue carry?”
- Euronews 14/04/2024, “Cyprus: suspension of asylum applications for people of Syrian origin” https://gr.euronews.com/2024/04/14/kypros-anastolh-exetash-aithseon-asyloy-syriakhs-katagoghs-metanastes
*Professor of Sociology, Social Sciences and Law, University of Nicosia. Head of Cypriot team at Centre for Fundamental Rights.
