Immigration Administration and Eristic Dialectic for Asylum Seekers

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Atıf İçin Kopyala

Karaman Z. T.

INTERNATIONAL MIGRATION RESEARCHES IN THE GEOGRAPHY, SOCIETY, AND CULTURE AXIS, Arife Karadağ,Nuri Karataş,Aylin Atilla, Editör, Ege University Publications no: 209, İzmir, ss.17-30, 2021

• Yayın Türü: Kitapta Bölüm / Mesleki Kitap
• Basım Tarihi: 2021
• Yayınevi: Ege University Publications no: 209
• Basıldığı Şehir: İzmir
• Sayfa Sayıları: ss.17-30
• Editörler: Arife Karadağ,Nuri Karataş,Aylin Atilla, Editör
• Dokuz Eylül Üniversitesi Adresli: Evet

Özet

IMMIGRATION ADMINISTRATION AND ERISTIC DIALECTIC

FOR ASYLUM-SEEKERS

Prof.Dr.Zerrin Toprak, Karaman

Dokuz Eylül University

zerrin.toprak@deu.edu.tr

INTRODUCTION

As is known to all, Eristic Dialectic is an art form of debate done with the aim of being right and winning the argument. With a metaphorical approach, it is associated with dueling. In other words, the question of who will survive overtakes the question of who is right.  Even if we could rationalize the facts that occur before our eyes, it can still be possible that we feel confused with the imminent debates and arguments. The most beneficial tactic in the search for truth however, could be the use of Aristotelian dialectics. According to Aristotle, every debate has a thesis (problem) and propositions bound to solve it. And the success of this analysis depends on the ability to establish associations between concepts. The association mentioned is based on for important and prioritized factors of the concept as 1) Definition (definitum); 2) Type (genus); 3) Distinctive property (proprium) and 4) Attribution, in other words, qualities whether distinctive or not (prädikat) (Schopenhauer, 2012: 8-9).

Every century has a defining subject. The defining subject of the 21^st century is "immigration". Nowadays, the phenomenon of immigration, with its national and international aspect, could be more easily analyzed within this logical framework. Therefore, this subject has been deemed appropriate for the main methodological approach of this article.

Key Words: Eristic Dialectics, Immigration Management, Security, Interdisciplinarity

 

THE STORY OF IMMIGRATION

 

A measure of people's freedom is also explained by being a “tourist” (Bauman, 2011: 18-36). To move freely from one country to another with standards of life quality is a modern and democratic privilege. In this case, “voluntary and unwilling” population movements from one country to another and/or within a country for economic, social, and political reasons are defined by a separate concept, “migration”. 

The topic of migration actually includes many immersive subjects that follow each other, such as The Arabian Nights. In Turkey, the word “migration” describes a process of change in which different types of migration become periodically prominent. 1923-1924 and 1930s depict the period in which Turkish immigrants return to their countries, also called "periods of exchange". The period of the 50s, 60s, and 80s define the "domestic migrations" which are movements from rural areas to cities. The 80s and 90s also correspond to departures abroad.  At the beginning of the 2000s, the word migration used to refer in our minds the "frequent exodus" of retired foreigners coming from Europe. And after 2010, the term had been used to describe "irregular or illegal exodus"[1]. Our expectation for the future seems to be” illegal climate migrations."

 

While Turkey was a transit country, it has now become an “arrival” country. Turkey has periodically welcomed "Immigrants of Turkish Origin" and various ethnic groups coming from different countries. In 2011, the groups coming from Syria to Turkey due to the threat of dying caught up in political conflicts dramatically increasing in number as of 2014 have been considered within the scope of "irregular immigration". These arrivals were first perceived as "they will be on their way soon" but the more the time they spent in the country increased the more this issue transformed into debates on whether these groups are a threat or an opportunity from socio-cultural and service quality aspects.

 

The point of view of this study on irregular immigration movements in Turkey that was conducted with a lens of the question "Does making sense of these movements with an Aristotelian questioning logic serves to establish scientific and objective criteria?" was based on the following points. According to Aristotelian logic, the four main characteristics that can define the phenomenon of internal migration within Turkey are; 1) large population movement towards Turkey, 2) unqualified /uneducated immigrants, 3) economic, socio-cultural and political victimization in their own country, 4) the effects on the known indicators of universal life quality in the country of arrival/place.

After defining the type of migration, similar methodological approaches can be developed to determine the rational administration strategy for Turkey. The following elements can be identified AS  distinguishing factors for “irregular migration movements” coming from abroad by emphasizing the words that stand out in the research on the subject. 1) non-stop illegal immigration to Turkey, 2) the young population of the incoming immigrants with a birth rate (%5,2) that is higher than the average Turkish birth rates (2019, %2,1) (Cumhuriyet, 2020), 3) poverty and deprivation 4) socio-cultural conflict and fear of causing economic burdens in society. A 5^th variable can be added by us in this case. This variable is the case of Corona-19 pandemic Virus (Wikipedia, 2020), which has been first detected in March 2020, in Turkey and still effective all over the world. As this incident may have deterred arrivals to Turkey, it could also have triggered repatriations. However, upon time, it will be possible to evaluate the consequences of living in a crowded family environment in Turkey.

It is understood that “eristic dialectics” are applied in both domestic and foreign relations network in the context of knowledge accumulation accessible through administrative and political decisions on migration shared with public (Bostan, 2018). Indeed, the answers to the following questions have not yet been internalized in public:

1.      Is it possible that those who came from Syria in fear of death could have been dispersed across Turkey while crossing the border without having to be profile detection?

2.      Do those who come from Syria under death threats go on holiday to their countries for reasons such as Eid? How are they able to leave?

3.      Have the basic legal regulations been amended to facilitate the transition to arrivals, settled life and citizenship for large migrations from other countries as well?

4.      Is it possible that the Syrian population migrating to Turkey with "extremely increasing population and high birth rates" is inclined to become a political force and that this situation is being ignored or overlooked; which in fact is one of the oldest known tricks?

5.      Are arrivals by illegal/ irregular immigration being made attractive by Turkey?

6.      Are the regulations providing privileges and convenience for foreigners of Turkish origin not published in the Official Gazette[2] have also been established for foreigners from Syria?

 

7.      While the resident population in Turkey did not know that those seeking asylum would return or go to another country or stay in Turkey, did those who arrived know what would happen?

8.      Were those who did not want to stay in Turkey forcibly held or were their passage to Europe blocked?

 

9.      For what reason were asylum-seeking groups living in Turkey for more than 5 years and not allowed to cross into Europe told before Corona that they could cross freely across our border into Europe, even though the countries on our western border did not accept it?

 

 

10.  Have the administrative measures to be taken on irregular or illegal foreign migration in Turkey been discussed in a transparent, integrated and multifaceted public opinion?

Admittedly these questions can be further increased. However, each sentence that can be uttered which is incompatible with the administration's statement suggests a scenario that can be speculated. But there are also realities that are fantastic and that are not. Indeed, according to data from the Ministry of Interior's Directorate-General for Migration Administration, the number of Syrians who came to Turkey after the conflict that began in Syria in 2011 and lived in the country with Temporary Protected Status is 2,896,663 as of 9 February 2017. As of August 2019, the asylum seeker population has increased to 3,643,870. Despite the dramatic increase in births, the number of Syrians has barely changed in recent years in official declarations. According to figures for March 2020 based on official statements by the administration, the total number of Syrians registered under temporary protection in Turkey has become 3,583,584. And 1,680,214 of these people (%46.8) are children in the age group of 0-18 (https://multeciler.org.tr/turkiyedeki-suriyeli-sayisi/). These numbers are fluctuating and there are also those who have returned to their country.

As an example of the surprising realities, the European Union has not considered neighboring Turkey, which is continuing its efforts to join the Union, in the totality of its security policies. However, Prime Minister Merkel constantly highlighting the issue of “fight against the root causes of migration” in her speech of inauguration after the election success on 24 September 2017, while talking about foreign migration which has been an important issue in Germany's Election Marathon, has been a remarkable international reflex. Unfortunately, no success has been achieved to reach the goal.  Turkey is a senior member (accepted 1950) of the Council of Europe (founded 1949) and the basic solidarity philosophy and security issues in the agreements have been ignored by the member states when it comes to Turkey. Turkey is simply excluded from this union. In other words, in the race of ”eristic dialectics", European countries have become the winners. 

In summary, the World Summit on Housing and Human Settlements (Istanbul, Habitat 2) in 1996 was announced to the Turkish public with the following words: “6 billion Earthlings are coming to Istanbul” . The irony is that while we are just a transit country, we have become a destination country. In spite of the administration announcing the number of immigrants as around 4 million, the additional population coming to Turkey and the profile that is born within Turkish borders which has a high birth rate and which have needs such as food, education, and accommodation is comprised of 12,8 million people (DAR, 2018, 9)^[3] and this number made into the 2018 World Disaster Report. While Turkey contributed to the quality of life of this population, to what extent has the quality of life of the residents of Turkey been affected on a local and national scale? This issue has not been officially disclosed to the public in a comprehensive manner. However local discontent can be suggested assuming that the results of the research conducted in various regions are reflected to the public as well. 

 

Three fundamental documents determine the legal status of international refugees and asylum seekers: The 1951 Geneva Convention, the 1967 Protocol and the Charter of the United Nations High Commissioner for Refugees. Turkey has diverged from its main stance in the 1951 Geneva Convention, which it signed and ratified in 1961, by establishing states such as ”temporary asylum “and so on, especially due to migrations from Syria and by placing geographical reservations concerning "not accepting refugees from outside Europe".  However, asylum seekers who came to Turkey under the definition of irregular migration from 2011 to the present day did not come to Turkey only from our Eastern borders.  Syrian asylum seekers who are considered as the first qualified workforce to go to Europe, America, and Canada have been gradually repatriated to Turkey through “readmission agreements” (March 18, 2016). However, the Government of Canada, 2019, provides positive assessments on topics such as employment and social life. Having said that, the reason of socio-cultural incompatibility has also played a role in these repatriations along with population pressure. 

As of 2015, Turkey has systematically blocked the transit of “asylum-seekers” entering Turkey from our eastern borders and moving towards coastal, particularly on-border settlements in order to pass into European countries, particularly coastal and also border settlements. It has become permanent in Turkey at increasing rates through international migration agreements. With the knowledge that multiple border crossings were opened on 28 February 2020, some of the asylum-seekers living on different time zones in Turkey tried to cross our land and sea borders into Europe. We don't know the exact number of people who “managed” to cross the border on this day. Although hundreds of people have been mobilized, the majority did not manage to cross the border (Deutsche Welle, 2020). Groups waiting at the border until mid-March 2020 had to return to their accommodation in Turkey due to health security reasons applied in the fight against COVID -19, which caused the bilateral closure of the borders.

The Council of Europe Convention on the Protection of Human Rights and Fundamental Freedoms(ETS no.5), Article 15 Has been associated with the outbreak of COVID-19. Article 15 of the Agreement is about "Derogation in time of Emergency". The Article states as follows: In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. However, when such measures cease to be in effect, the provisions of the Convention shall come into full force again(https://www.coe.int/en/web/conventions/full-list/-/conventions/webContent/62111354 )

 

We cannot overlook the other stories of asylum-seekers with tears in their eyes, and their journey of death through human trafficking.

Where is the foreign migration administration placed in public policy?  "The Law No. 6458 on Foreigners and International Protection" dated 2013 has been regulated during the same year of illegal migrations.  The public administration seems to have accepted such a large wave of immigration without preparation. As a matter of fact, the purpose of the law is defined as “... to regulate the procedures and principles regarding the entry, stay and exit of foreigners in Turkey and the scope and implementation of protection to be provided to foreigners who request protection from Turkey" (Law No. 6453 Article 1). The definition of migration in the law was made for external migrations. According to this, immigration “denotes regular immigration, which means the entry of foreigners into Turkey by legal means, their stay in Turkey and their exit from Turkey, and irregular migration, which means the entry of foreigners into Turkey by illegal means, their stay in Turkey, their exit from Turkey, and their unauthorized work in the country along with international protection” (Law No. 6453 Article 3 / i) In fact, there is no legal definition regarding domestic migration. Actually, Turkey does not have a national migration strategy guide with accessible, comprehensive, multifaceted migration analyses.

 

However, there is the 10^th Development Plan (2014-2018), Immigration Specialization Commission's Report (Turkish Republic Ministry of Development, 2014) published in 2014 with the note stating that it “does not reflect the Ministry's opinion" but may have  input into their assessment. As of the date of publication, there is undoubtedly no data or strategic approach covering the present day. It can be seen that there has been a postmodern immigration administration, which is not subject to “public policies”, centered on internal migration and external migration based on day-to-day decisions.

 

From the standpoint of developed countries; it is possible to make the following evaluations on the illegal “external migrations” from Syria. The irregular population movements, which at first were for “humanitarian reasons” seemed never to end and created a sense of “emptying Syria” which in turn created “panic.” In the final analysis, the country's interests should be the primary choice.

 

The three main elements of sustainability scenarios are shown as “economic, social and environmental values”. In the well-known short description of Public Policy (2008: 1, 5, 39), Thomas Dye defines public policy with a short formulation as “anything a government chooses to do or not to do.” Policy studies can be analyzed in relation to economics, sociology, anthropology, psychology, history, law, and public administration and policy sciences (Dye, 2008: 4). In terms of the rational use of resources, there is a need for a collaborative work that needs to be developed with an interdisciplinary point of view. Therefore, it will only be possible to create ”accurate“and” rational" goals and action plans. The following queries are listed in terms of the effectiveness of public policies by Dye:

1. What are the effects of social and economic conditions on political and administrative institutions, processes, and behaviors?

2. What are the effects of processes and behaviors of political and administrative institutions on public policies?

3. What are the effects of social and economic situations on public policies?

4. What are the effects of public policies (as feedback) on social and economic situations?

5.What are the effects of public policies (as feedback) on socio-economic situations of political and administrative institutions, processes and behaviors?

 

In the final analysis, it is important in terms of social resilience that decisions should be taken by applying the principles of deliberative democracy based on integrated governance on issues affecting the whole of the country in multifaceted ways, especially socio-culturally. Various academic studies have shown that the government's open-door policy, based on centralized discretion, against irregular illegal arrivals, especially from Syria, has become a “troubling agenda” in recent years.

 

SUSTAINABLE CITIES AND SECURITY

In terms of global security, the cooperation of the governments is needed due to the impact of the global dynamics brought about by nature and many other humanitarian activities. The demands in this direction are constantly increasing. Indeed, as the assessments of the United Nations Office for Humanitarian Affairs (OCHA) show, the elements of humanitarian security have gained a wider dimension that goes beyond military protection and poses a threat to human dignity. However, it is known that a security partnership can be achieved in the presence of common interests. The definition of enhanced security identifies a wide range of security areas. These areas are listed below (UN, 2009: 6).

 

1. Economic: The creation of employment and measures against poverty.

2. Food: Measures against hunger and famine.

3. Health: Measures against disease, unsafe foods, malnutrition, and lack of access to basic health care.

4. Environmental: Measures against environmental degradation, depletion of resources, natural disasters and pollution.

5. Personal: Measures against physical violence, crime, terrorism, domestic violence, and child labor.

6. Community: Measures against ethnic, religious, and other identity tensions.

7. Political: Measures to be taken against political repression and human rights violations.

 

Terror pressure can also be added to each of these issues. In the final analysis, the concept of security today is considered as a broad concept that includes not only the military aspect but also economic security, natural environmental security, energy security and border security, as well as all the other values that ensure the sustainability of the state with its country and nation.

 

The important administrative measures for ensuring national security comprises of studies on strengthening the strategic infrastructure and superstructure equipment; economic support for enhancing the social resilience; preparation for civil defense, and disaster and emergency administration; intelligence activities for prevention of terrorist attacks, espionage detection, and military-like activities. When national security is considered together with multifaceted threats, it needs social support that will protect its power with universal democratic values and that can overcome these threats with the help of “information society”.

 

 

Rio (2012) has defined the goals as water, oceans, disasters, job opportunities, energy, cities and food supply. The European Union has based its 2014- 2020 periodic policy on "employment, innovation, education, social inclusion and climate/energy” and has pointed out that each State should shape its national goals in these areas  (European Commission, 2014). Turkey is not immune to these developments. Social security, cyber security and nuclear security issues have been mentioned in several reports. When climate changes are considered as a whole, it is understood that there is a need for interdisciplinary and cross-disciplinary studies.

The Council of Europe (1949)^[4], of which we are a member, assesses the economic development of human life, besides defense, along with the quality of life indicators such as environment and landscape, human rights and social equality, cultural diversity, and democracy. Working subjects of the Council are developing agreements to harmonize the social and legal practices of member states across the continent, addressing the problems facing European societies (minorities, racism, intolerance, environmental protection, AIDS, drugs, etc.) and producing solutions. The council's work program has been revolving around issues such as human rights, legal cooperation with media, social and economic issues, health, education, cultural history and cultural heritage, sports, youth, local and regional authorities, and environment. Culture conservation and cultural diversity are also considered as two pillars of sustainable development (Council of Europe, 2020). Their action plan consists of transfering sustainable field studies based on biodiversity, planning scales, landscape management and integrated use of natural and cultural resources to a normative area and to shape an appropriate legal framework. At the Habitat III Conference (17 October 2016, Ecuador, Quito) (Habitat III, 2016), six thematic areas and 20 sub-areas were studied. These themes focused on the quality of life and safety issues of the cities.

 

They work towards a safer world for today and for the future generation through coordinative cooperation within the context of changing climatic conditions, technology and human capacity, with the purpose of achieving the goals on various subjects such as sustainable development; protection of environment and refugees; disaster relief; fight against terrorism; non-proliferation and disarmament; development of democracy, human rights, gender equality and the status of women; governance, economic and social development and international health, landmine clearance, the expansion of food production, and energy. These targeted studies coincide with the very comprehensive definition of” security".

The important administrative measures for ensuring national security comprises of studies on strengthening the strategic infrastructure and superstructure equipment; economic support for enhancing the social resilience; preparation for civil defense, and disaster and emergency administration; intelligence activities for prevention of terrorist attacks, espionage detection, and military-like activities. It is seen that peace in the country is not sufficient alone, and issues related to trans-borders are also of strategic importance.

 

From an integrated standpoint regarding the imbalance of life quality indicators, it is obvious that the threats against human safety cannot be solved solely with classic safety measures but instead it requires a new, national and international consensus that acknowledges the interdependency between development, human right and national security with a complementary approach based on wide network. In the final analysis, the relationship networks between national security and various types of security are seen as having an inseparable complementary characteristic. 

 

Human security is currently associated with freedom of human life and democracy. Human life should be considered in accordance with the evolving meaning of security; along with political, social, natural, economic, cultural and military systems. Security should be evaluated in the original conditions of the day with an “integrated multi-industrial, comprehensive, preventive prudence” within the concept of rights. The issue of external migrations with different socio-cultural characteristics of big populations has become a global problem.

 

The issue of migration administration, as mentioned above, in its different aspects concerns not only the peoples of the destination countries but also the global neighborhood. From this point of view, interdisciplinary studies and cooperation are also needed at local, national and international levels. This topic is shown below with the help of an image. Each module is associated with the others.

Image. Safe City: Immigration and Interdisciplinarity

Immigration: Law, human geography, political geography, politics/public administration, theology, economics, history, sociology, international relations, anthropology, psychology, medicine-public health, science/ technology (architecture, engineering),

 

Inclusive Cities: Economics, sociology, finance, law/criminology, psychology, anthropology, geology, science/technology,

 

Safe city: Economy, agriculture, medicine, sociology, psychology, law, science/technology, geology, zoology, biology, meteorology, glaciology, virology), geography, administration/politics, theology, finance,

 

Urban Culture: Archaeology, architecture, geology, marine sciences, science/ technology), mythology, sociology, psychology, economics, history, law, administration politics

 

These issues, which indicate the specified relationship networks, should be evaluated for all the other indicators such as governance, finance and planning. Politics should follow the administration supported by knowledge. Today, engineering based on technical dimension is also incorporated into the natural sciences and social sciences, where it is realized that there is ease of interdisciplinary work due to the variable feature of the developing technology. There is a need to work within a new model that goes beyond Interdisciplinary studies, expressed as smart society or society 5.0. Today, the issue of interoperability or starting with the question “how we can work together” is also important. This type of work opens up to a trans-disciplinary /interdisciplinary field. As far as we are concerned, “migration phenomenon and administration” has a characteristic that allows it to be included in the society 5.0 studies.

CONCLUSION

The issue of immigration is a phenomenon that needs to be considered by all countries in terms of development goals. Although immigration is a hindrance to a country's sustainable development, it also has positive impacts. In the United Nations” Sustainable Development Agenda for 2030", the issue of migration has been included as an important area of study (Swiss Agency for Development and Cooperation, 2018). “In order to escape the power of persecution”, the report repeatedly stresses that action plans for the protection of economic, social and environmental values must be included in the country's development plans.  Aimed issues should be determined for thinking migration from an integrated point of view and for the implementation of the Global Compact for Migration. According to the author, global common goals and rational principles should be established on population just like global responsibility and action plans are created for environmental cases that destroy nature, based on trans-borders environmental problems. As a result, large numbers of populations are able to transform the spread of waves from one country to another into a right by the strain of quality of life. These population movements affect the country of departure very negatively as well. In the event of another disaster at the same time, the emergence of a chaotic environment may become inevitable. In this case, it is natural to establish global responsibilities regarding international immigration.

Turkey is not immune to various migration movements, and has actually become a center of it. Although it is a country identified with migration, where there are many types of population movements, in academia, research on internal and external migrations is only a matter of mere interest. Official documents containing systematic data and information are limited. Migration types and management strategies have remained scattered/dispersed within the legal arrangements made occasionally based on the needs. The fact that people migrating to Turkey due to political reasons, who compose a part of external and irregular migration have become "permanent" in the country and this has negatively affected the life quality indicators of Turkey in multiple ways.

However, the issue of population and mobility has been one of the strategic issues that states have diligently managed throughout history in order to maintain their power, and this issue cannot be left to itself.

In summary, in terms of Eristik dialectical migration administration it is turning into a “non-zero-sum game” for Turkey. In the future scenario, it is necessary to build a strong society in various dimensions of security and to make it sustainable. Therefore for the purposes of keeping up-to-date information; improving knowledge accumulation; acting "smart" with the individual, corporate and social responsibility; and benefiting from social capital at a maximum level; supporting interdisciplinary and trans-disciplinary studies and highlighting them on national reports are crucial.  Taking the results of mutual information accumulation into consideration in terms of social peace and multifaceted safety indicators which are the raison d'etre of the administration is undoubtedly obvious rationality.

 

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