Criteria and restrictions to access reception conditions

Türkiye

Country Report: Criteria and restrictions to access reception conditions Last updated: 20/08/24

Author

Independent

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]

Financial allowance

International protection applicants who are identified to be “in need”, may be allocated a financial allowance by PMM.[4] 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.[5] 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.

LGBTQI+ and other ex-minors benefit from UNHCR’s fund and receive pocket money of around 2,300 TRY (80 EUR) a month. The cash support covers four types of vulnerable groups: 1-) ex-minors 2-) transgender minors 3-) victims of gender-based violence 4-) intersex people; and  is provided when they leave state premises.[6]

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 and continued to assist with electrical bills as a result of the increase in the cost of living[8] in 2023. 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 3,912 TL / 110 EUR if the disability rate is between 40% and 70%, and 5,685 TL / 162 EUR if it is more than 70%, and 3,790 TL / 108 EUR for children with disability[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 also have 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.

In 2023, the economic situation in Türkiye continues to be extremely difficult. The earthquakes have further increased pressures on an increasingly fragile economic situation in 2023. The earthquakes, devastatingin their scale and beyond the human tragedy, caused serious physical damage in 11 provinces, representing 16.4 percent of Türkiye’s population and 9.4 percent of its economy, the direct damage cost is estimated at 34.2 billion US dollar, but reconstruction needs could be twice of that[12]. Inflation was a particularly serious problem and reached an official rate of 64.77% in 2023, which is the highest annual rate in Türkiye in the last 22 years, however independent economists and academics claim that the ‘real‘ inflation rate was 127,21%[13]. This not only affected refugees in terms of the spending power of the allowance received, but also the general situation in the country, thus, contributing negatively to anti-refugee sentiment. 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% in 2022.[14] A recent survey shows that the biggest problem mentioned is economy for 85%[15].

 

 

 

[1] Article 95 LFIP.

[2] PMM, Removal centres, available here.

[3] Article 88(2) LFIP.

[4] Article 89(5) LFIP.

[5] Article 90(1) LFIP.

[6] Information provided by a stakeholder, June 2023.

[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 here

[9] NTV, Evde bakım maaşı 2024’te ne kadar olacak? Engelli maaşı ne kadar oldu?, 27.12.2023, available here.

[10] UNHCR, Social and financial assistance, available here. & Information provided by a stakeholder, March 2024.

[11] Information provided by a stakeholder, May 2023.

[12] World Bank Group, Dünya Bankası Türkiye Genel Bakış, available here.

[13] BBC Türkçe, 2023’te yıllık enflasyon TÜİK’e göre yüzde 64, ENAG’a göre yüzde 127, available here.

[14] T24, ‘Gündem İşte İstanbul halkının en önemli 3 sorunu: Sığınmacılar, ekonomik sorunlar, konut fiyatları’, 9 June 2022, availble in Turkish here.

[15] Euronews, Türkiye’de halkın yüzde 85’ine göre en büyük sorun ekonomi | Araştırma 24/03/2024, available here.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of main changes since the previous report update
  • Introduction to the asylum context in Türkiye
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • Temporary Protection Regime
  • Content of Temporary Protection