United Nations High Commissioner for Refugees Representation in Cyprus

Last updated
UNHCR Cyprus
United Nations High Commissioner for Refugees Representation in Cyprus
Location Nicosia
AddressPolyviou Dimitrakopoulou, Engomi, Nicosia, Cyprus
Coordinates 35°09′48″N33°20′46″E / 35.1632048°N 33.3459768°E / 35.1632048; 33.3459768
Website Official website

The United Nations High Commissioner for Refugees Representation in Cyprus is an office of the United Nations High Commissioner for Refugees (UNHCR) opened in August 1974 upon the request of the Government of Cyprus [1] [2] and the Secretary-General of the United Nations. UNHCR Representation in Cyprus was designated as Coordinator of the United Nations Humanitarian Assistance for Cyprus. UNHCR was also responsible upon the request of the Cyprus Government to examine applications for refugee status. [3]

Contents

Simultaneously, UNHCR assisted the Government in developing their national legislation and procedure for the examination of asylum claims. The law came into life in 2000 and in January 2002 the Cyprus Government started receiving and processing asylum applications. [4]

The UNHCR Representation in Cyprus offices are located in the United Nations Protected Area (UNPA), where the United Nations Peacekeeping Force in Cyprus (UNFICYP) is based. Access to UNPA is restricted and tightly controlled by UNFIYP, through check points and other forms of surveillance.

History

1974–1997

UNHCR has been assisting in Cyprus since 1974. At the request of the Government of Cyprus (GoC) and the United Nations Secretary General (UN-SG), UNHCR operated programs for internally displaced persons (IDP) till 1998. This assistance included provision of housing and small industries as well as promotion of projects and bi-communal activities, in order to remedy the shortages created due to population displacements and to encourage co-operation between Greek Cypriots and Turkish Cypriots towards a unified approach as regards issues of common concern. This function lasted till 1997. [5]

Since its establishment in 1974 and until June 1998, the UNHCR Representation in Cyprus office received a small number of applications for refugee status per year. In 1998, however, boats with persons claiming fear for their lives or serious violations of their human rights in their countries of origin started arriving in Cyprus asking for asylum.

1998–2002

Since 1998, UNHCR Cyprus has worked on its regular mandate (international refugees), as the designated authority charged with supervising the implementation of the 1951 Refugee Convention. The UN General Assembly (UN-GA) Resolution establishing UNHCR, as well as the 1951 Refugee Convention (that is binding on the Cyprus Republic), call for cooperation between the Governments and the UNHCR. [6]

During that period, UNHCR Representation in Cyprus was heavily concentrated in supporting the efforts of the GoC to develop an asylum system and an asylum space in Cyprus. Since 1998 till 2002 UNHCR simultaneously undertook Refugee Status Determination (RSD), resettled the recognized refugees in other countries, assisted in the drafting of the national refugee legislation, assisted in the configuration of the required institutions for its implementation, and trained such institutions.

In 2002 the GoC started undertaking RSD on its own. The first Refugee Law enacted in Parliament in 2000 has been amended in 2002, 2004, 2005 and 2007 by transposing the EU directives aiming at harmonising the asylum space in the EU along common minimum standards. UNHCR has closely advised in the process of transposing each of these directives through direct guidance to the drafters (being the Asylum Service or the Attorney General office), as well as in the process of amending laws that should include sections on refugees.

Since 2002

"Clean water and health care and school and food and tin roofs and cement floor, all of these things should constitute a set of basics that people must have as birthrights." -- Paul Farmer Ruins refugees.jpg
"Clean water and health care and school and food and tin roofs and cement floor, all of these things should constitute a set of basics that people must have as birthrights." -- Paul Farmer

UNHCR Cyprus undertakes RSD training each time new Eligibility Officers (EO) are recruited at the Asylum Service (thereafter AS) and Reviewing Authority (thereafter RA –an independent body). In addition, it trains cadets in the police academy twice a year as well as holding refreshment sessions for immigration police once a year. Advice on individual cases and on-the-job training are also part of the UNHCR training activities. [7]

UNHCR contributed to the development of the European Refugee Fund (ERF -managed by the Ministry of Interior) annual and multi-annual strategy for Cyprus and participated in the selection committee for ERF project awards in 2005 and 2006. In 2006, it undertook the training of civil servants coming in contact with asylum seekers and refugees, and the training of teachers on asylum as a human right in the context of a project on European citizenship. UNHCR has closely advised the AS and the RA in particular towards sound policy and practice towards applicants from Iraq and Palestine in light of the particular current circumstances. [8]

UNHCR assisted in the transposition of the EU directive on the minimum standards for the reception conditions (transposed in December 2005), the transposition of the EU qualifications directive (transposed in July 2006), and of the EU procedures directive. This process entailed the provision of a written commentary on the draft law, presenting views in the various sessions as called by the Parliament, providing written statements to the Parliament when these are necessary to complement the oral statements, conducting sessions with members of the committees as requested. Similar tasks have been performed in regards to other minor directives and amendments to national legislation related to asylum (such as the public allowance law and the legal aid law). [9]

UNHCR also conducts surveys regarding the situation of persons of concern. In 2004, the office conducted several meetings with refugees residing in Cyprus and issued a report “The Situation of Refugees in Cyprus from a Refugee Perspective”. It also undertook a participatory assessment among refugees, persons granted subsidiary protection, and asylum seekers in November 2005. The participatory assessment was updated from June until September 2006 and focused specifically on female refugees and asylum seekers. [10]

UNHCR Representation in Cyprus undertook the following surveys: in the first quarter of 2006 on the use of lawyers by asylum seekers, from September until December on the quality of public allowance among those a/s and refugees who succeed in receiving it, from February through June 2007 on the enjoyment of public allowance and other entitlements by Iraqi refugees and persons granted subsidiary protection and in 2008 on the training needs of refugees and persons granted subsidiary protection.

Activities

World Refugee Day

To mark WRD, the Representation organized a cultural evening which was opened by the First Lady of the Republic of Cyprus and addressed by the President of the Palestinian community in Cyprus who shared her refugee experience. Young refugees from the Democratic Republic of Congo and Palestinians ex Iraq shared their experience through photos and music. Cypriot students displayed a short theatrical performance which addressed asylum, migration and xenophobia. The event encouraged the interaction of refugees with the local community and vice versa. Such events tend to enhance the process of integration and the feeling of belonging in the new community. For the local community this was an opportunity to see a different picture of refugees, one which is usually not portrayed by the majority of the media. [11]

On this year's[ specify ] World Refugee Day, a special session of the Youth Parliament on the theme “Children Refugees – Children Immigrants – The Cypriot Reality” took place at the House of Representatives. The young parliamentarians presented their findings on issues affecting the children of asylum seekers, recognized refugees and immigrants residing in Cyprus. The special session was the result of a collaboration between the UNHCR and the local NGO Pancyprian Council for Children's Welfare. Preparations for the session commenced beginning of 2010. All proposals were also passed to the attendees of the special session.

Assisting refugees in integration mentoring programs

In addition, the UNHCR Representation in Cyprus has developed a number of mentoring programmes and integration processes:

Plans

In the years to come, UNHCR Cyprus will continue its activities aimed at enhancing the protection space for asylum seekers and refugees. At the same time, it is equally important to continue sharing information, policies and know-how with governmental and non-governmental actors with a view to improve their capacity to respond to the needs of asylum seekers and refugees. [12]

UNHCR Cyprus would like to see more lawyers providing high quality counselling to asylum applicants, either through free legal counselling (as an in-kind contribution) by registered lawyers or through further development of NGO capacity. It will also pursue more projects to enhance the understanding of the refugee problem among the Cypriot society. Misinformation in the country of asylum will only exacerbate the suffering of refugees, who have already experienced enough pain after having lost their homes and loved ones as a result of who they are or what they believe. UNHCR representation in Cyprus has in addition a mandate to mobilize resources, both for the country field operations as well as for the UNHCR's operations around the world.

Functions

Ensure adherence to international refugee law standards

UNHCR contributes technical and worldwide expertise to the Cypriot Government in the processing of individual examination of applications for asylum, with the aim to ensure that the decisions are in accordance with international human rights standards. For this same purpose, UNHCR partially funds NGOs to provide gender based assistance, as well as legal advice to carefully selected asylum applicants for their appeals and access to the rights granted in the national law. [13]

Government advice

UNHCR advises governments by providing comments on related legislative drafts, such as on the transposition of EU directives for the harmonization of the European refugee system. [14]

Training

UNHCR provides training to actors involved in the protection of refugees (police officers, officers who examine applications for refugee status, lawyers, civil servants responsible for the effective implementation of the related rights, etc.) and advocates for the improvement of the quality of the asylum system. UNHCR provides legal aid to well selected asylum applicants through a project undertaken by an NGO called Future Worlds Center.

Legal aid became available for asylum seekers and refugees in 2009, subsequent to an amendment of the Legal Aid Law. In particular, the Law now allows for the provision of legal aid in recourses to the Supreme Court against a negative decision by the Asylum Service (before the decision is challenged by the Reviewing Authority), or a negative decision by the Reviewing Authority. Legal aid will only be provided for recourses at a first instance at the Supreme Court, not for subsequent revisory appeals and there must be a possibility of a positive decision on the appeal, i.e. to prove that the applicant has a good case. [15]

An asylum seeker interested in order to activate an entitlement to legal aid, he/she must submit an application to the District Court. The District Court shall grant the legal aid where two conditions are met: (a) a report by the Welfare Office states that the financial situation of the applicant (or the guardian of a dependent applicant) is such, that he/she is not able to pay their own legal fees and (b) that the case is deemed to be of such a seriousness that it calls for legal aid in the best interests of justice.

Although provisions for legal aid have been introduced for asylum seekers, the access to legal aid is highly restricted due to the lengthy and legally complex procedure of submitting and assessing the application, which includes proving the applicant has a good case. This renders access to legal aid almost impossible without the assistance of a legal advisor.

Supervision

As in all countries, UNHCR Cyprus has a supervisory role under the 1951 Refugee Convention in ensuring that the rights of asylum seekers and refugees are duly respected. That means in practice, having access to the asylum procedures, to adequate housing, food, medical treatment and to integration as a long term solution to the refugee plight. [16]

Awareness

UNHCR informs and sensitizes the public on the problem of refugees around the world, and in Cyprus, by disseminating information to the media, and reviewing media reports on asylum seekers and refugees to ensure accuracy of facts. Public awareness can only have a positive impact on the public understanding.

In order to sensitize the general public in Cyprus towards the refugee cause and to prevent xenophobic attitudes and promote tolerance, UNHCR organises public awareness activities (e.g. photo or other exhibitions, concerts, etc.) In reaching young people, UNHCR promotes school activities and disseminates educational material to educators in co-operation with governmental and non-governmental partners.

Refugee issues in Cyprus

Cyprus has been a destination for a consistently increasing number of regular and irregular immigrants. According to national sources, the estimated number of irregular migrants in Cyprus is 50,000. Cyprus enacted national refugee legislation in January 2000 and its asylum institutions started conducting Refugee Status Determination (RSD) in 2002. In 2007, 6,789 persons submitted asylum applications and in 2008, 3,922 persons applied for asylum. The number of the asylum-seekers pending to be examined at the end of 2009 was 5,275. Cyprus and Malta rank first among the industrialized countries in the per capita number of asylum applications. [17]

Eight Year Overview of 1st instance Applications to the Republic of Cyprus
Month200220032004200520062007200820092010
Jan106163241926400419254303207
Feb14152270494285703440369212
Mar5334598629497529423219192
Apr5051581776285813310208178
May3845336885385489312268211
Jun28541,195329234347274240233
Jul51171,184141471521435245
Aug63111675792285500220175
Sep110385982843204362326270
Oct112393543606394696232315
Nov1101,191770552381566334366
Dec2161,8152,484772724839362247
Total9514,4119,8597,7454,5456,7843,9223,2251,233

In principle, asylum-seekers are not denied access to Cyprus. Most asylum-seekers, however, do not try to enter the country through official channels, in order to avoid the risk of not being admitted. While the Asylum Service (the first instance body that examines asylum applications and the coordinating body on asylum seekers’ issues) has made considerable progress in setting up the structures and the processes to ensure quality decisions, the reality remains that the number of Eligibility Officers (EOs) against the number of applicants is still objectively insufficient. This is clearly substantiated by the fact that at the end of 2008, there were 8,005 cases pending to be decided.

Other problems related to refugees issues in Cyprus are the following:

Regarding the situation in the north part of Cyprus which the Government of Cyprus does not have de facto control, there are no socio-economic data available. Persons of certain nationalities are detained and deported as soon as possible, most of the time without being given an opportunity to distinguish irregular migrants from persons suffering persecution. The overwhelming majority of those individuals who succeed in entering into the north without being detected, cross the "Green Line" and apply to the Government of Cyprus. Applicants in the north are examined by UNHCR. [18]

See also

Related Research Articles

The Office of the United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integration or resettlement to a third country. It is headquartered in Geneva, Switzerland, with over 18,879 staff working in 138 countries as of 2020.

An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum in that other country. An asylum seeker is an immigrant who is making a claim to have been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. The terms asylum seeker, refugee and illegal immigrant are often confused.

Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.

<span class="mw-page-title-main">Dublin Regulation</span> European Union (EU) law regarding political asylum

The Dublin Regulation is a Regulation of the European Union that determines which EU member state is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the Qualification Directive, within the European Union.

The right of asylum is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners.

<span class="mw-page-title-main">Asylum in the United States</span> Overview of the situation of the right for asylum in the United States of America

The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.

Refugees in Hong Kong have formed historic waves arriving in the city due to wars in the region and Hong Kong's historical role as a trading and transit entrepôt. More recently those seeking asylum or protection based on torture claims are a fast growing part of the city's population, increasing since 2004 due to changes in the legal system for considering asylum and torture claims mandated by local courts.

The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside their country of nationality or habitual residence; has a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail themself of the protection of that country, or to return there, for fear of persecution". Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.

<span class="mw-page-title-main">International Railroad for Queer Refugees</span>

The International Railroad for Queer Refugees, formerly known as the Iranian Railroad for Queer Refugees (IRQR), is an advocacy group for LGBT rights in Iran. It was founded and is headed by Executive Director Arsham Parsi. It was set up on behalf of Iranian LGBT persons seeking safe havens both within and outside of Iran. It is the first Iranian NGO in the world, working on behalf of Iranian LGBT people around the globe.

Macedonian Young Lawyers Association (MYLA) is non-governmental, nonprofit and nonpolitical organization founded in 1994 as a professional NGO established with free association of citizens with aim to implement actions for full implementation of the rule of law principle, and enforcement of the contribution of young lawyers in the development of the legal profession in North Macedonia through projects and activities.

LGBT migration is the movement of lesbian, gay, bisexual and transgender (LGBT) people around the world or within one country. LGBT individuals choose to migrate so as to escape discrimination, bad treatment and negative attitudes due to their sexuality, including homophobia and transphobia. These people are inclined to be marginalized and face socio-economic challenges in their home countries. Globally and domestically, many LGBT people attempt to leave discriminatory regions in search of more tolerant ones.

Subsidiary protection is international protection for persons seeking asylum who do not qualify as refugees. In European law, Directive 2004/83/EC defines the minimum standards for qualifying for subsidiary protection status. The Directive was later added to with Directive 2011/95/EU, which states that uniform, European states for persons eligible for subsidiary protection and the content of the protection granted.

Transnational child protection refers to the protection of children from violence, exploitation, abuse and neglect in an international setting. When a non-national child comes into contact with public authorities and service providers, a series of checks, assessments and immediate measures sets in to identify the child and to assess her or his situation. Article 19 of the UN Convention on the Rights of the Child provides for the protection of children in and out of the home, including in their country of origin, residence or a third country. Article 2 of the Convention provides for the right to non-discrimination, meaning children have the right to protection regardless of the national origin or status of the child or his or her parents or legal guardians.

<span class="mw-page-title-main">Voluntary return</span>

Voluntary return or voluntary repatriation is usually the return of an illegal immigrant or over-stayer, a rejected asylum seeker, a refugee or displaced person, or an unaccompanied minor; sometimes it is the emigration of a second-generation immigrant who makes an autonomous decision to return to their ethnic homeland when they are unable or unwilling to remain in the host country.

<span class="mw-page-title-main">United Nations High Commissioner for Refugees Representation in India</span> International agency office

The head office of UNHCR's mission in India is located in Delhi, with a field office in Chennai. The current Chief of Mission is Areti Sianni. UNHCR won the Indira Gandhi Prize for Peace, Disarmament and Development in 2015. UNHCR was awarded the Mother Teresa Award for Social Justice by the Harmony Foundation, Mumbai.

Migration and Asylum Project (M.A.P.), formerly known as the Ara Legal Initiative, is a refugee legal aid centre based in New Delhi, India. It provides legal aid and counselling to asylum seekers and refugees in India.

Seeking asylum in France is a legal right that is admitted by the constitution of France. Meanwhile, the status of recognized asylum seekers is protected by corresponding laws and Convention Relating to the Status of Refugees, which France signed on 25 July 1951. France is considered to be one of the main asylum host countries in Europe. According to statistics collected by the World Bank, in 2021 there were 499,914 refugees registered in France. Asylum policies in France are regarded as a concerned topic among the public and politicians, and some controversies also exist in the current system of French asylum policies, such as issues on the assimilation policy, national security problems and living conditions of asylum seekers.

The migration and asylum policy of the European Union is within the area of freedom, security and justice, established to develop and harmonise principles and measures used by member countries of the European Union to regulate migration processes and to manage issues concerning asylum and refugee status in the European Union.

C-821/19 was a case decided by the European Court of Justice (CJEU) on 16 November 2021. The CJEU ruled that Hungary had violated EU law by restricting access to asylum and criminalizing assistance to asylum seekers.

References