IV. Background
The Geography of Migration: the Greek Gateway to the EU
Routes of irregular migration are constantly shifting; as immigration enforcement measures stiffen in one area migrants and smugglers probe and test for other soft points of entry. But two factors rarely change-the political boundaries that delineate international borders and the topography that makes one frontier porous and another impenetrable. Not only because Greece stretches into the eastern Mediterranean, but also because it has 1,17o kilometers of land borders and 18,400 kilometers of coastline, including islands in close proximity to Turkey, Greece is likely to remain an attractive entry point into the EU. With an eastern frontier bounded by the Caucasus Mountains and the Black Sea in the North and the Mediterranean in the south, Turkey effectively funnels migrants traveling overland from the Middle East and South Asia into Greece, while Africans are increasingly coming to Greece via Egypt.
Increase in Apprehensions
Stiffened interdiction measures in the western and central Mediterranean since 2005 appear to have contributed to shifting irregular migration routes toward Greece. While the number of irregular boat arrivals to Spain dropped by 53.9 percent from 2006 to 2007,[4] irregular boat arrivals to Greece increased by 267 percent during this same time period.[5] At this same time when irregular boat arrivals to Greece were almost tripling, they were also decreasing in Italy and Malta.[6] It is difficult to weigh all the variables for shifts in irregular migration patterns, but the rapporteur for the Council of Europe Parliamentary Assembly's Committee on Migration, Refugees and Population suggests that the shift away from Spain and Italy and toward Greece in 2007 was at least partly because "increased sea controls, including by FRONTEX,[7] …almost certainly had an impact, in particular during the periods the operations have been in operation."[8]
Greek police recorded 112,369 arrests for illegal entry or presence in 2007, more than double the number apprehended in 2003.[9] However, Human Rights Watch believes that the true number of apprehensions is much larger. Many, perhaps most, of the apprehensions in the border region are not recorded at all. After apprehending migrants in the border region, police detain them for a period of days without registering them. The police take these uncounted and unregistered migrants to the Evros River at nightfall and forcibly and secretly return them to the Turkish side. In addition to these numbers are the migrants that the Coast Guard apprehends and pushes back from Greek territorial waters.
Increase in Asylum Applications
Although relatively few of the migrants apprehended in Greece seek asylum, the number of asylum seekers has been increasing dramatically. As recently as 2004, Greece received a modest 4,500 asylum applications, but by 2007 the number of asylum claims had increased fivefold to more than 25,000, of whom 5,500 were Iraqi claimants.[10] In 2007, Greece was the fourth largest recipient of new asylum claims in the EU, exceeded only by Sweden, France, and the United Kingdom (UK).[11] Although EU member states saw an 11 percent increase in the number of asylum seekers from 2006 to 2007, Greece saw a 105 percent increase during this period.[12]
From Human Rights Watch interviews with Iraqis and other migrants in Greece, this increase ought to be attributed less to a recent preference among asylum seekers to lodge protection claims in Greece but rather to the blocking of other options; once fingerprinted in Greece, many asylum seekers lose hope of being able to seek asylum in their preferred destinations in Sweden, the UK, Germany, and other countries.
The EU has frustrated the preferred destinations of asylum seekers through a regulation known as Dublin II, which since February 2003 (and building on the framework of the earlier Dublin Convention, which has been in force since 1997) establishes that the Member State responsible for examining asylum claims will generally be the one in which an asylum seeker first sets foot.[13] Although both Greece and the Iraqi asylum seekers appear to agree on their preference that Iraqis not stay in Greece but rather seek asylum in countries to the west and north, in fact, Iraqi asylum seekers find themselves stuck in Greece-they can't move onward because of Dublin II, they can't move back home because of a fear of war and persecution, but they are almost never granted asylum in Greece. In 2007, the approval rate for asylum seekers was 0.04 percent in first-instance interviews.[14]
[4] In 2006, 39,180 persons arrived irregularly by boat in Spain. In 2007, this number dropped to 18,057. Morten Østergaard, "Europe's 'Boat people': Mixed Migration Flows by Sea into Southern Europe," report of the Rapporteur to the Committee on Migration, Refugees, and Population, Parliamentary Assembly, Council of Europe, July 11, 2008. ("Europe's 'Boat People'").
[5] Statistics on Greek Coast Guard apprehensions from Human Rights Watch interview with Konstantinos Gialelis, Lieutenant Hellenic Coast Guard, Ministry of Mercantile Marine, Intelligence Directorate, Illegal Migration Division, June 5, 2008.
[6] "Europe's 'Boat People,'" p. 8, paras 20 and 21. In 2006 Italy received 22,016 irregular boat people and in 2007 this number dropped to 19,617. Malta's number of irregular boat arrivals decreased from 1,780 in 2006 to 1,715 in 2007. However, as this report is being written, the numbers of boat arrivals were again rising in Italy with a doubling of new arrivals in the first half of 2008 compared to the same time period of the previous year. (Migration News Sheet, September 2008, p. 13.)
[7] FRONTEX is the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
[8] "Europe's 'Boat People,'" p. 8, para. 24.
[9] Human Rights Watch interview with Police Brigadier General Constantinos P. Kordatos, Commander of Hellenic Police Headquarters, Aliens Division, Secretariat of Public Order, Ministry of Interior, Athens, May 22, 2008. The Ministry of Public Order recorded 95,239 arrests for illegal entry or presence in 2006; 66,351 arrests in 2005; 44,987 arrests in 2004; and 51,031 arrests in 2003.
[10] UNHCR, "Asylum Levels and Trends in Industrialized Countries, 2007: Statistical Overview of Asylum Applications Lodged in Europe and Selected Non-European Countries," March 18, 2008, p 7.
[11] Ibid.
[12] Ibid., pp. 4-5.
[13] Council Regulation (EC) No. 343/2003 of February 18, 2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.
[14] NOAS, Norwegian Helsinki Committee, and Greek Helsinki Monitor, "Statistical Information on Asylum in Greece (1997-2007)," in A Gamble with the Right to Asylum in Europe: Greek Asylum Policy and the Dublin II Regulation, April 2008, p. 81.
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