In 2015 1.2 million people entered Europe from countries as disparate as Syria, Pakistan, Afghanistan and Iraq. With further displacement and migration forecast for the coming years, an existential crisis is now threatening the very foundations of the European Project. In a mood of desperation and political expediency negotiations to curb migrant numbers have been accelerated with Turkey, culminating in a deal that now faces severe legal, ethical and practical difficulties.
In a nutshell, the agreement attempts to mitigate refugee flows that may otherwise overwhelm frontier European states, relocating the exigencies of asylum processing back to the Middle East and providing space to devise a more tolerable, long term solution. In principle, it also aims to undercut and degrade the mechanics of an extensive trafficking economy now proliferating across the Mediterranean. The commercialisation of people smuggling has exacerbated the number of refugees travelling, and sometimes even perishing, along sea routes. By adopting a hardline stance on ‘boat-people’ and diminishing the pull factor of assumed European altruism, people trafficking will, in theory, devolve into a high-risk low-reward enterprise that depresses demand and channels refugees towards more easily regulated outlets.
Under the auspices of a ‘one in one out’ system, any ‘new irregular migrants’ arriving in Greece after March would be deported to Turkey and relegated to the back of the queue of those seeking asylum. In return, EU member states are obligated to resettle properly processed Syrian refugees from Turkey and expedite visa liberalisation for Turkish nationals wishing to visit Europe.
There are obvious benefits to this approach. On a human level, the sharp fall in individuals traveling to Greece in the aftermath of the deal will hopefully translate into lower mortality rates for those refugees seeking entry into Europe. It also relieves pressure on Frontex, the underfunded European border management agency, and allocates new resources for efficient processing schemes. In the face of perpetually gridlocked EU institutions, the political intransigence of Eastern European governments, rising right wing populism and the resurrection of internal border controls, it provides a palatable alternative for European publics that may be able to preserve the cosmopolitan values of Schengen while also delivering immediate results. Perhaps most importantly, the agreement alleviates the burden on Ankara. Supplemented by an aid package of €3 billion earmarked for improving ‘the lives of refugees’ in the region, and a series of concessions with regard to Turkey’s prospective membership in the EU, it is hoped the agreement will deliver desperately needed investment to fund accommodation, education initiatives and welfare services for the two million refugees in Turkey itself.
However, despite the humanitarian rhetoric espoused by its proponents, the broader implications of the deal remain a cause for concern. Any claims suggesting the authoritarian tendencies of the Erdogan regime may be ameliorated by visa-liberalisation and closer political cooperation between Turkey and the EU are spurious to say the least. As negotiations concluded, the government has shown no sign of slowing its crackdown on independent journalism, seizing control of the national newspaper Zaman in March and tightening its grip over civil society. The fact these excesses hardly elicited any reaction from the West, and that German authorities are now considering the prosecution of a local comedian for ‘insulting’ Erdogan, allude to the leverage Turkey currently enjoys. As such, by colluding with autocrats the EU may paradoxically be compromising its liberal values on another front, namely free speech and free expression.
Crucially, there are also significant legal and practical issues that need to be considered. Human rights organisations have cited grave problems with the agreement. They argue it not only contravenes international law and its underlying humanitarian norms but also fails to exert pressure on Turkey to improve the protection it offers Syrian refugees. Amnesty International (AI) in particular maintains “the EU is…incentivising the opposite’, referencing a concerted effort by local Turkish authorities to expel asylum seekers back into Syria and close the Southern border to stop any further influx. While the ‘one in one out’ system explicitly circumvents controversy over blanket returns by certifying a right for refugees to make individual asylum claims, there is no doubt that the testimonies collected by AI deliver a damning indictment of Turkish migratory policy. It also undermines the fallacy that any claimants deemed irregular by the EU are being deported to a ‘safe third country’. To assume Turkey is safe is to ignore the Kurdish insurgency waging in its Eastern periphery and the horrendous conditions refugees are currently living under. Non-Syrians face the threat of further extradition back to dangerous home nations under the conditions of independent bilateral agreements between Ankara and, for example, the Afghan government. For those remaining in Turkey, many lack work permits and are forced into unregulated black market jobs for little to no salary. Perhaps more worryingly, 400,000 of 700,000 school age Syrian children aren’t receiving any formal education. There is simply no opportunity for integration, leading to societal tensions that will exponentially grow as the crisis gets worse. Unless this trend is radically altered, the EU’s refugee policy as it stands today is giving rise to a disenfranchised, socio-economically marginalised and uneducated ‘lost generation’ completely at odds with the humanitarian virtues the organisation claims to champion. On a practical and moral level this is untenable.
Europe is therefore between a rock and a hard place. Its migratory infrastructure cannot manage a crisis of this magnitude and it does not have the institutional or democratic flexibility to deliver an equitable scheme for effectively distributing shares of refugees across its membership. But as Kenan Malik, a London based lecturer and broadcaster, argues, by ratifying this deal with Turkey the EU seems to be regressing back to its antiquated mentality of the 1990s; ‘criminalising’ migrants, militarising its external borders and paying peripheral states to ‘operate as immigration police’. Outsourcing the problem and pretending it isn’t there is not a viable option. There needs to be a substantive, systemic transformation in how Europe both conceptualises and engages with the refugee problem. Anything short of this is simply not sustainable and the EU risks having its moral authority irreversibly damaged.