Legal Aspects of Irregular Migration in Turkey

Abstract

Euro-Mediterranean Consortium for Applied Research on International Migration (CARIM) ; Turkey receives ever-increasing numbers of irregular migrants from its economically and politically unstable East and South trying to cross its territory towards Europe. Turkey has also experienced dramatic economic and social change. Therefore, with regard to international migration Turkey, once regarded as a sending country, has become a transit as well as a destination country. There are various categories of irregular migrants which may overlap. A smuggled, even a trafficked, migrant may seek asylum in Turkey. An asylum seeker may become an irregular employee. An irregular employee may apply for asylum. Similarly, someone who was heading for Europe through Turkey may get stuck in Turkey and be forced to start employment without a valid work permit. A rise in 'irregular' migration is an issue of concern in Turkey. Irregular migration has been perceived as having social, economic and security consequences. Restrictive legislation and reinforced control mechanisms have been introduced by Turkey over the years. International law and EU instruments are part of this legislation. 2003 was a milestone in coping with irregular migration since most of the legislation was adopted in that year and immediately afterwards. It should also be noted that despite Turkey's restrictionist stance an intensification of global and regional disparities has brought about more irregular migration and, given the magnitude of the problem, the solutions are beyond the control of a single country, requiring international cooperation and coordination.