By: Fabienne Rorke, RSC Assistant
On the 8th of December 2024, celebrations erupted in Damascus as opposition fighters, led by Hayat Tahrir al-Sham (HTS), took control of the city, forcing President Bashar Al-Assad out of power. This came after 13 years of civil war and crisis that has destroyed the country and led to the internal displacement and exile of most of the population.
Despite the historic nature of Assad’s ousting and the hope for Syria’s recovery, Europe’s decision to freeze Syrian asylum applications is deeply concerning. Just days after the fall of Assad, many countries throughout Europe - including the United Kingdom, Germany, Austria, Belgium, Greece, Italy, Sweden and Denmark – announced the pausing of new and pending asylum applications for Syrian nationals. Human rights organisations and civil society groups have criticised the move indicating that it is too soon to know the full extent of the situation in Syria. Amnesty International UK’s Refugee and Migrant Rights Director, for example, says that “historic as it is, the fall of Assad’s brutal regime provides no guarantee of safety whatsoever in what remains a complicated and volatile situation in Syria” (Amnesty International UK, 2024). The freezing of asylum applications leaves asylum-seekers in a state of enduring limbo, unable to move on with their lives.
Europe and the UK’s Asylum Systems: Hesitance, Hostility and an Enduring Limbo
After Syria’s civil war began in 2011, millions of Syrians have sought refuge in Europe. However, the vast majority of refugees stayed closer to home with Turkey hosting 3.2 million, Lebanon 1.5 million and Jordan hosting 710,000 Syrian refugees (UNHCR, nd.). In comparison, Europe and the UK host a relatively small number of Syrian refugees and asylum-seekers. The UK, for example, has resettled or relocated around 20,000 Syrian refugees between 2014 and 2020 (UK Parliament, 2023). Germany, on the other hand, hosts the largest number of Syrian refugees in Europe at 560,000, which is 59% of all Syrian refugee and asylum-seekers in Europe (UNHCR 2021).
Despite the apparent generosity of many European countries to take in refugees, their asylum systems remain difficult to navigate and often leave people who are seeking asylum in a state of enduring limbo. In the UK for example, the asylum backlog is significant with asylum applications taking an average of 21 months to process and some waiting years for a response from the Home Office (Migration Observatory, 2024). Whilst under the status of “asylum-seeker” in the UK, individuals are not allowed to work, are only granted £49.18 per household member per week, or £8.86 if their accommodation provides meals, and have no choice of where they are housed (UK Government n.d.). Many face sudden relocations, as seen with the controversial Biddy Stockholm housing system, where asylum-seekers can be moved without notice (BBC News, 2024).Those seeking asylum in European countries face similar challenges.
The decision to pause all new and pending asylum claims, exacerbates an already restrictive system. Many Syrian’s with pending applications have already been waiting months if not years for their applications to be processed. Prolonging this wait leads to dehumanising treatment and denies Syrians their dignity, which should be granted to all populations, regardless of status. On top of this, Austria has not only announced that they will pause asylum claims, but also said they intend to deport Syrian nationals, without specifying which groups (Politico, 2024). Under the Refugee Convention, which has been signed by 149 State parties including Austria, the principle of non-refoulement prohibits the deportation of any person to a country in which their life or freedom could be threatened (OHCHR 2018). As of yet, Syria has not been deemed a safe country to return to. Until it has been classified as safe by human rights experts, the forced deportation of Syrians of any migration status is against international law.
The freeze also has practical consequences. As reported by the Guardian, due to a lack of safe, legal routes into Europe, many Syrian’s arrive in Europe through smuggling networks (The Guardian 2024). With Smugglers charging individuals up to 10,000 euros to transport them across borders, those who are unable to pay are left indebted to smuggling groups, who according to one man “know where [their] families live”. As asylum-seekers are not permitted to work, they can only start paying back these debts once they are granted refugee status. The decision to freeze asylum applications could be further endangering Syrian lives who rely on obtaining work for survival.
The Situation in Syria: Fragile Economy, Infrastructure and Political Uncertainty
The decision made by European governments to pause all new and pending asylum applications for Syrians is based on the changing political landscape after the fall of the Assad regime. Ahmed al-Sharaa, leader of the opposition group Hayat Tahrir al-Sham (HTS), has appointed Mohammed al-Bashir to lead a caretaker government until March 1, with the hope of stabilising the country (Al Jazeera, 2024). HTS broke ties with Al-Qaeda in 2016 and has since rebranded itself as a legitimate ruling party, hoping to garner the support of the international community. With every hope that the new government will lead to an equal and fair state that upholds the rights of all of its citizens, it is too early to know for sure.
What can be said with certainty, is that the 13-year long civil war has taken its toll on Syria’s economy and infrastructure. Since 2011, Syria’s economy plummeted by 85% from $67.5 billion to just $9 billion (DW 2024). Before the war, oil, agriculture and travel and tourism were some of the main sectors contributing to the economy (CIDOB, 2013.). Due to international sanctions, continued airstrikes and an exodus of Syrian’s from the country, many businesses were forced to close. More than 6.6 million Syrian’s reportedly fled their homes since 2011 and in 2021 another 6.7 million remained displaced inside the country. (UNHCR, 2021). According to Islamic Relief, as of March 2024, 16.7 million people throughout Syria are in need of humanitarian assistance, with the Northwest region being particularly affected (Islamic Relief, 2024).
A report by UN Habitat highlights that “infrastructure systems […] have been severely compromised or completely absent in parts of the country”, with recovery and reconstruction estimated in excess of hundreds of billions of USDs. (UN-Habitat, 2022). As indicated by Amnesty International “any large-scale forced return of people to Syria may well worsen the prospects of stability” (Amnesty International UK, 2024). With the UNHCR calling on all states “not to forcibly return Syrian nationals and former habitual residents to Syria, including Palestinians previously residing in Syria, to any part of Syria,” it is critical that all European countries heed this call and abide by international law (UNHCR, 2024). Re-building Syria will not happen overnight and sending Syrian’s back against their wishes will only deepen the displacement situation. Due to continues challenges, as called on by the UNHCR, all States should further suspend the issuance of negative decisions on applications by Syrian nationals (UNHCR, 2024).
Those who wish to return, should be supported to do so. It is critical, however, that any voluntary return schemes do not infringe on individual’s rights and are implemented on a strictly voluntary basis. Given the continued challenges in Syria, at this time the UNHCR is not promoting large-scale voluntary repatriation to Syria.
Is Syria Really Safe? Continued Challenges
Further complicating Syria’s recovery, is Israel’s continuing hostility and brutality within the region. Israel has carried out over 400 air strikes against Syria in just 48 hours after Assad was ousted from power and has approved a plan to enhance illegal Israeli settlement building in the occupied Syrian Golan Heights (Al Jazeera, 2024). It has further occupied three new villages in Southern Syria, undermining Syria’s sovereignty and pushing the region towards further instability (Middle East Monitor, 2024). Until the international community, including Europe, takes decisive action against such violations, Syria cannot be considered safe to return to.
North-East Syria, where Kurds have established an autonomous administration, has experienced further attacks by Turkish-backed forces (CADUS, 2024). This includes the city of Manbij where the Syrian National Army (SNA) attacked the Kurdish-led Syrian Democratic Forces (SDF). The attacks and uncertainty on the relations among the different groups in the region means a prolonged instability that could lead to new risks and unsafe conditions for the population, especially the large number of refugees.
European countries and the UK need to carefully reassess their decision to pause all new and pending asylum applications for Syrian nationals. Due to a diversity of situations within Syria, it is impossible to assume that all asylum applications are invalid after the fall of Assad, especially given the instability due to continued attacks on the country. The international community should focus its efforts on supporting new governance in Syria that upholds the rights of all of its citizens, and sanctioning all parties and nations that infringe upon these freedoms. With every hope that the time will come for Syrian’s to return to their homeland, the pausing of asylum claims and the forced deportation of Syrian nationals from Europe is not a justified response.
Recommendations
In line with the UNHCR’s statement on Europe’s decision to suspend the processing of Syrian asylum claims, all those still fleeing violence and persecution within Syria must be granted the right to seek asylum (UNHCR, 2024). Each asylum claim should be considered based on its individual merit and Syrian’s who are seeking asylum in Europe and the UK must be granted the same asylum rights as those from other nationalities. The UNHCR acknowledges that the suspension of processing asylum claims is acceptable. However, it is crucial that people can apply for asylum and are able to lodge asylum claims. The UNHCR (2024) further calls on “all asylum States to suspend the issuance of negative decisions on applications for international protection by Syrian nationals or by stateless persons who were former habitual residents of Syria.” Considering the continued challenges in Syria, ARDD stands with this statement. Any forced deportations would be a serious infringement of international law and risks the safety of those who are fleeing violence. Syrian nationals who wish to return to Syria should be supported to do so, however they must be given the space to make this decision for themselves without any pressure.
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