Temporary Protection in Law on Foreigners and International Protection
“Law on Foreigners and International Protection” drafted by Ministry of Interior was adopted in General Assembly of the Parliament on 04.04.2013 and dispatched to the President. Law 6458 on Foreigners and International Protection (LFIP) was approved by the President on 10.04.2013 and published in the Official Gazette No. 28615 dated 11.04.2013.
Law on Foreigners and International Protection includes three main parts: foreigners, international protection and Directorate General of Migration Management.
· Complex bureaucratic procedures on obtaining visa and residence permits and the number of unregistered displaced persons shall be decreased by means of an efficient system.
· The provisions on international protection have been stipulated on Law compliance with EU acquis and human rights standards. By this Law, the legislation of international protection and ıts implementation became compliant with 1951 Geneva Convention.
· Temporary protection which is provided in the event of mass influx of displaced persons gained a legal basis firstly.
· Harmonization process and activities based on voluntariness will be carried out in order to facilitate mutual harmonization between foreigners and the society.
· “The Directorate General for Migration Management” was established under the Ministry of Interior in order to carry out actions and procedures related to temporary and international protection.
Before Law No.6458 on Foreigners and International Protection entered into force, temporary protection was provided according to Regulation No. 1994/6169 on the Procedures and Principles related to Possible Population Movements and Aliens Arriving in Turkey either as Individuals or in Groups Wishing to Seek Asylum either from Turkey or Requesting Residence Permission in order to Seek Asylum From Another Country. Temporary protection has gained a legal basis firstly with Law on Foreigners and International Protection.
In Article 91 of Law No: 6458 on Foreigners and International Protection; Temporary Protection is defined as the following:
(1) “Temporary protection may be provided for foreigners who have been forced to leave their country, cannot return to the country that they have left, and have arrived at or crossed the borders of Turkey in a mass influx situation seeking immediate and temporary protection.”
(2) “ The actions to be carried out for the reception of such foreigners into Turkey; their stay in Turkey and rights and obligations; their exit from Turkey; measures to be taken to prevent mass influxes; cooperation and coordination among national and international institutions and organisations; determination of the duties and mandate of the central and provincial institutions and organisations shall be stipulated in a Directive to be issued by the Council of Ministers.”
Article 91 of the Law 6458 regulates;
the actions to be carried out for the reception of such foreigners into Turkey;
their stay in Turkey and their rights and obligations;
their exit from Turkey;
measures to be taken against mass influxes;
cooperation and coordination among national and international institutions and organizations;
determination of the duties and mandate of the central and provincial institutions and organizations
shall be stipulated in a Directive to be issued by the Council of Ministers.
According to Article 105 of Law No.6458 on Foreigners and International Protection; “Identify methods and measures to be employed in case of a mass Influx” is among the duties of Migration Policies Board which was established by the Law. (1) The Migration Policies Board operates under the chairmanship of the Minister and is comprised of the undersecretaries of the Ministry of Family and Social Policies, Ministry for European Union, Ministry of Labour and Social Security, Ministry of Foreign Affairs, Ministry of Interior, Ministry of Culture and Tourism, Ministry of Finance, Ministry of National Education, Ministry of Health, and Ministry of Transport, Maritime and Communications as well as the President of the Presidency of the Turks Abroad and Related Communities and the Director General for Migration Management. Depending on the agenda of the meeting, representatives from the relevant ministries, other national or international agencies and organisations, and non-governmental organisations may be invited to the meetings. (2) The Board shall convene at least once a year upon the call of the Chairman. In cases when considered necessary, the Board may convene extraordinarily upon the call of the Chairman. The Chairman shall determine the agenda of the meeting in consultation with the members. The Directorate General shall serve as the secretariat of the Board.
(3) The Board shall: a) determine Turkey’s migration policies and strategies and follow up on their implementation; b) develop strategy documents as well as programme and implementation documents on migration; c) identify methods and measures to be employed in case of a mass influx; ç) determine principles and procedures concerning foreigners to be admitted en mass to Turkey on humanitarian grounds, as well as the entry into and stay of such foreigners in Turkey; d) determine principles concerning the foreign labour force needed in Turkey, in line with the suggestions of the Ministry of Labour and Social Security, as well as the foreign seasonal workers to be employed in agriculture, pursuant to views of the Ministry of Food, Agriculture and Livestock; e) determine conditions of the long-term residence permits to be issued to foreigners; f) determine framework for effective cooperation in the field of migration with foreign countries and international organisations and the relevant studies in this field; g) make decisions to ensure coordination among public institutions and agencies working in the field of migration.