While the LFIP does not employ the term of “reception conditions” as such, Articles 88 and 89 LFIP commit a set of rights, entitlements and benefits for international protection applicants, which thematically and substantially fall within the scope of the EU Reception Conditions Directive.
Articles 88 and 89 LFIP govern the level of provision and access that shall be granted to international protection applicants (and status holders) in the areas of education, health care, social assistance and services, access to labour market, financial allowance. Türkiye does not commit the provision of shelter to international protection on applicants,[1] but authorises PMM to extend, on discretionary basis, state-funded accommodation to international protection applicants under the auspices of Reception and Accommodation Centres. At present, there is only one Reception and Accommodation Centre in operation in Yozgat.[2]
Rights and benefits granted to international protection applicants and status holders may not exceed the level of rights and benefits afforded to citizens.[3]
However, language remains a major barrier to access to services, employment, and social cohesion, with only an estimated 15% of people under international and temporary protection speaking Turkish fluently. Adult refugee women are considerably less likely to speak Turkish or have gotten any formal education than men.[4]
Financial allowance
International protection applicants who are identified to be “in need”, may be allocated a financial allowance by PMM.[5] PMM shall establish the criteria and modalities for this financial allowance, and the Ministry of Finance’s input will be sought in determining the amounts. Applicants whose applications are identified to be inadmissible and those processed in accelerated procedure are excluded from financial allowance.
It must be underlined that this is not a right but rather a benefit that “may be” allocated to applicants in need by PMM on discretionary basis. PMM should put in place implementation guidelines, which may include guidance as to the specific criteria and procedure by which an applicant would be identified as “in need” for the purposes of financial allowance. In this regard, applicants are required to keep the competent PDMM informed of their up-to-date employment status, income, any real estate or other valuables acquired.[6] This indicates that such information may be a factor in the assessment of necessity for the purpose of financial allowance. However, there is currently no implementation of Article 89(5) LFIP, and therefore the possibility of financial allowance to international protection applicants by the state remains only theoretical to date.
Social assistance and benefits
International protection applicants identified “to be in need” can seek access to “social assistance and benefits”.[7] The LFIP merely refers international protection applicants to existing state-funded “social assistance and benefits” dispensed by the provincial governorates as per Türkiye’s Law on Social Assistance and Solidarity. The Governorates dispense social assistance and benefits under this scheme by means of the Social Solidarity and Assistance Foundations; government agencies structured within the provincial governorates.
According to the Law on Social Assistance and Solidarity, the Governorates dispense both in kind assistance such as coal and wood for heating purposes, food and hygiene items and financial assistance to “poor and needy residents” in the province, including foreign nationals. It was launched in 2022 to assist with electrical bills as a result of the increase in the cost of living.[8] As such, it will be up to the provincial Social Solidarity and Assistance Foundation to determine whether they qualify for the “poor and needy” threshold.
The Social Solidarity and Assistance Foundation also provides disabled home care assistance to families who have a disabled family member who is unable to cater for their daily needs without the care and assistance of another family member. This is ongoing financial aid given to the carer. It is 1,594 TL / 80 EUR if the disability rate is between 40% and 70%, and 2,392 TL / 100 EUR if it is more than 70%. In 2022, the monthly carer allowance is 1,594 TL / 80 EUR[9].
There are also social assistance benefits granted by the Ministry of Family and Social Services. The social workers of the Ministry of Family and Social Services’ social service units take the final decision in practice. Their evaluation is based on criteria such as the presence of a working family member, provision of social assistance from other bodies, the presence of an emergency or numbers of children in the household. There are biannual or yearly assessment periods upon which social workers might stop this assistance if they deem that the financial situation of the family has changed. In addition, the Ministry of Family and Social Services has an assistance programme to increase the number of refugees speaking Turkish, in coordination with UNHCR.
Municipalities may also provide assistance to applicants for and beneficiaries of international protection. The types of assistance provided by the municipalities differ as they depend on the resources of each municipality. Assistance packages may include coal, food parcels, clothing and other kinds of non-food items. The eligibility criteria to receive assistance may also differ between municipalities.[10]
The Turkish Red Crescent (Türk Kızılay) is an important actor in this field and is active in each city of Türkiye as a public interest corporation. In most cases, their social assistance is not financial but in kind: distribution of wheelchairs to disabled persons, distribution of food, clothes or soup in winter for people in need. They have also a special fund for people with special and emergency needs. With the help of this fund, they can provide medical help such as buying a prosthesis or hearing instruments for children.[11]
Beyond social assistance from the state, the EU has funded cash assistance programmes such as the Emergency Social Safety Net (ESSN) and the Conditional Cash Transfer for Education (CCTE). These are described in Temporary Protection: Social Welfare as they are mainly, though not exclusively, addressed to Syrian temporary protection holders.
The ESSN scheme is the single largest humanitarian project in the history of the EU and as of April 2023, was assisting more than 1.5 million people and 380,000 vulnerable people. It is designed to help the most vulnerable refugees pay for the things they need most. Currently, the European Commission funds the programme until early 2023.[12] Refugee families currently receive 300 Turkish Liras (around 14 EUR) monthly per family member, enabling them to decide for themselves how to use it towards essential needs like rent, transport, bills, food and medicine. The programme offers additional quarterly top-ups based on family size. [13] Considering that the minimum living wage is 8.506 TL (around 420 EUR) as of May 2023 the monthly payments are far from covering the needs for a dignified life, which is not the main purpose of the programme.
The EU has contributed cash transfers to vulnerable refugee families whose children attend school regularly under the ‘Conditional Cash Transfers for Education’ (CCTE). The CCTE is the EU’s largest-ever humanitarian programme for education in emergencies. As of mid-2022, it is assisting around 795,000 children. [14] More than 70,000 refugee children will be referred to education programmes through the implementation of the Support for School Enrolment (SSE) programme. Children and families have also been provided with transportation, translation, and further support to ensure children’s enrolment in educational opportunities. [15]
In 2022, the economic situation in Türkiye was extremely difficult; inflation was a particularly serious problem and reached an official rate of 67% by December 2022.[16] However, this official figure was opposed by independent economist and academics claiming that the ‘real ‘inflation rate was 137, 55 %. This not only affected refugees in terms of the spending power of the allowance received, but also the general situation in the country and anti-refugee sentiment.[17] According to a survey conducted in Istanbul by the Istanbul Planning Agency, the top complaint was refuges with 66%, followed by the effects of the economic crisis with 55%.[18]
[1] Article 95 LFIP.
[2] PMM, Removal centres, available at: http://bit.ly/2osejRh.
[3] Article 88(2) LFIP.
[4] Inter-Agency Coordination Türkiye, IAPNA 6, January 2023, available at: https://bit.ly/3NTjBA5.
[5] Article 89(5) LFIP.
[6] Article 90(1) LFIP.
[7] Article 79(2) LFIP.
[8] Dünya, ‘Vatandaşlara 300 TL’den 2400 TL’ye kadar birçok destek veriliyor! Bu şartları sağlayanlar alabilir…’, availble in Turkish at: https://bit.ly/3PUk3jS.
[9] ibid.
[10] UNHCR, Social and financial assistance, available at: https://bit.ly/2GjSOJ1.
[11] Information provided by a stakeholder, May 2023.
[12] European Commission website, ‘The Emergency Social Safety Net (ESSN): Offering a lifeline to vulnerable refugees in Türkiye’, available at: https://bit.ly/3yeDL0z.
[13] European Commission website, ‘The Emergency Social Safety Net (ESSN): Offering a lifeline to vulnerable refugees in Türkiye’, available at: https://bit.ly/3yeDL0z.
[14] European Commission, available at: http://bit.ly/3d0Bgm9 .
[15] European Commission, available at: http://bit.ly/3d0Bgm9.
[16] Financial Times, ‘Tension over Türkiye’s 4mn refugees nears boiling point’, 9 May 2022, available at: https://bit.ly/3JY34cS.
[17] Ibid.
[18] T24, ‘Gündem İşte İstanbul halkının en önemli 3 sorunu: Sığınmacılar, ekonomik sorunlar, konut fiyatları’, 9 June 2022, availble in Turkish at: https://bit.ly/3JV66yq.