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Viewing cable 04ANKARA4141, TIP IN TURKEY: UPDATED MFA COUNTRY REPORT ON HUMAN

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Reference ID Created Released Classification Origin
04ANKARA4141 2004-07-28 07:37 2011-08-24 01:00 UNCLASSIFIED Embassy Ankara
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 03 ANKARA 004141 
 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, EUR/PGI, EUR/SE 
 
E.O. 12958: N/A 
TAGS: PREL KCRM PHUM KWMN SMIG KFRD PREF TU TIP IN TURKEY
SUBJECT: TIP IN TURKEY: UPDATED MFA COUNTRY REPORT ON HUMAN 
SMUGGLING 
 
1. (U) In response to G/TIP inquiries about anti-TIP public 
information campaigns, post provides the following Human 
Smuggling Country Report produced by the Turkish MFA's 
National Task Force on Human Trafficking.  The Report is 
available on-line at the Ministry of Foreign Affairs 
website: http://www.mfa.gov.tr/. 
 
 
2.   Updated Turkish MFA Report on Human Smuggling (February 
    2004): 
 
    TITLE: Updated Country Report of Turkey on Illegal 
    Migration 
 
    BEGIN TEXT: The world-wide increase in illegal 
    migration has prompted the origin, transit and 
    destination countries to take counter measures. As a 
    form of criminal activity, migrant smuggling has long 
    ceased to be a problem of individual countries. The 
    experience gained during these years made it clear that 
    the full understanding of illegal migration process can 
    only be achieved by examining the complex, multifaceted 
    and global nature of the illegal migratory flows. Socio- 
    economic imbalances, political instability and human 
    rights violations are among the main causes leading 
    people to search for better living standards. 
    Therefore, these problems should not be treated as 
    national issues, neither for receiving nor for sending 
    countries. Countervailing measures need to be developed 
    in a cooperative manner. The solution depends in large 
    measure on finding effective responses and solutions at 
    international level within a burden sharing approach. 
 
    Turkey, at the cross-roads of Asia, Middle East and 
    Europe, bordering eight countries and lapped by 5,000 
    miles of coastline, has seriously been confronted with 
    various forms of this transnational crime which without 
    doubt, pose a threat to its social order, human and 
    democratic values. 
 
    As a consequence of various developments taking place 
    at the regional and global level, Turkey, due to its 
    geographical situation, needed to tend an ever-growing 
    illegal migratory pressure. As estimated, 500.000 
    illegal migrants reach the European countries annually. 
 
    Each year more than 100.000 illegal migrants bound for 
    Europe are apprehended in Turkey. As a result of 
    intensified efforts and initiatives, the trend of 
    illegal migration via Turkey has shown a decrease and 
    migration flows have been diverted away to other 
    international routes in 2002 and 2003. Thus, a concrete 
    progress against illegal migration and human 
    trafficking is accomplished. 
 
    Furthermore, to this end important reforms have been 
    carried out within the ongoing judicial and legal 
    reform process. Legislation has been strengthened and 
    heavier penalties are prescribed against criminal 
    networks involved in migrant smuggling and human 
    trafficking. In accordance with the UN Convention 
    against Transnational Organized Crime and its 
    supplementary Protocol against Migrant Smuggling and 
    Human Trafficking, necessary amendments have been 
    incorporated to our penal code, defining migrant 
    smuggling and human trafficking and prescribing 2 to 20 
    years of imprisonment depending on the aggravating 
    circumstances. 
 
    The Turkish Parliament has ratified the UN Convention 
    and its two Protocols: one Against Migrant Smuggling 
    and the other for the Prevention of Trafficking in 
    persons on 18 March 2003. 
 
    Moreover, the Ministry of Health has made the necessary 
    arrangements in order to provide medical treatment free 
    of charge to victims of trafficking in human beings. A 
    decree to this effect has become effective on 2 January 
    2004. 
 
    To ensure the law enforcement, regular training 
    activities have been organized for the officers, judges 
    and prosecutors who are in charge of the fight against 
    migrant smuggling and trafficking in human beings. In 
    order to raise the public awareness in the fight 
    against migrant smuggling and trafficking in human 
    beings, several meetings and seminars have been 
    organized by Turkish NGOs and the media in 2002-2003. 
 
    Preventive measures taken by the Turkish Coast Guard 
    have seriously hindered the illegal departure of boats 
    and vessels from Turkish ports to the Aegean and 
    Mediterranean Seas. The number of boats/vessels 
    carrying illegal migrants and reaching EU countries was 
    19 in 2000.  This number dropped to 9 in 2001 and to 2 
    in 2002. In 2003, no boat/vessel of the kind reached 
    the EU countries. 
 
    On the other hand, Turkey committed itself to conclude 
    readmission agreements with its neighbouring countries 
    and the countries of origin. To this end, Turkey signed 
    readmission agreements with Greece, Syria, Kyrgyzstan 
    and Romania. With Bulgaria, Uzbekistan, Libya and 
    Ukraine negotiations are underway. 
 
    Turkey has proposed readmission agreements to 22 
    additional countries of origin. 
 
    Turkey implements an effective readmission policy 
    compatible with international laws and practices: 
    Turkey readmits its own nationals in accordance with 
    its Constitution and Passport law. In accordance with 
    Article 23 of the Turkish Constitution, "Turkish 
    citizens cannot be deported and cannot be denied the 
    right to enter Turkey". Paragraph 3 of Passport law 
    NO.5682 stipulates that individuals, who arrive at the 
    Turkish border claiming Turkish citizenship, shall be 
    granted entry into Turkey when their identities as 
    Turkish nationals are determined. 
 
    In accordance with ICAO rules, Turkey also readmits 
    nationals of third countries who have departed from the 
    Turkish territory by aircraft and returned to Turkey 
    because of their illegal status with the same or, if 
    not possible, with the next aircraft. Turkey also 
    readmits those third country nationals having valid 
    Turkish residence permits. 
 
    The "Law on Work Permits for Foreigners" has been 
    approved by the Parliament and entered into force on 6 
    September 2003. The Ministry of Labour and Social 
    Security is assigned as the central and only authority 
    to issue work permits for foreigners in Turkey 
    The amendment to the article 5 of the Citizenship Law 
    number 403 was approved by the Turkish Parliament on 4 
    June 2003.  With this amendment a probation period of 3 
    years is required for acquiring Turkish citizenship 
    through marriage. Accordingly, those who have a job 
    incompatible with the marriage and do not share the 
    same house with his/her spouse will not be able to 
    acquire Turkish citizenship. 
 
    Turkey has made considerable progress in the process of 
    harmonization with the EU visa regime. In 2002, visa 
    requirements were introduced to 6 Gulf countries. This 
    is an ongoing process, whereby visa requirements for an 
    additional 13 countries are introduced. As a result, 
    Turkey has harmonized its legislation with the EU Visa 
    Negative List by 75%. Turkey plans to introduce visa 
    requirements for the remaining countries on the 
    Negative List by the end of the year 2005. 
 
    In accordance with the EU Accession Partnership and 
    Turkey's EU National Programme, Turkish Authorities 
    already initiated a process to strengthen the border 
    controls and develop better institutional and technical 
    capacity at the borders to prevent illegal migration. 
 
    In this respect a working group within the Ministry of 
    Interior, composed of all relevant government agencies 
    on the management of external borders according to EU 
    "acquis" is established. The working group has analyzed 
    the "acquis", as well as best practices within the EU 
    and has prepared a Strategy Paper. As a result, "Border 
    Guard Unit" will be established within the Ministry of 
    Interior. 
 
    In this regard, several projects are prepared to be co- 
    funded by Turkey and EU. The most important one of 
    these projects concerns setting up of 12 reception 
    centers throughout Turkey, to accommodate the 
    apprehended illegal migrants until they are back. The 
    second crucial one covers creation of a fund to return 
    the illegal migrants who are citizens of non- 
    neighbouring countries. Third one comprises 
    installation of infrared systems to 21 Turkish Coast 
    Guard boats, the fourth one provides for the purchase 
    of 5 F-406 REIMS type aircraft which can produce 
    sensitive mapping, search and rescue operations. The 
    fifth one aims at setting up of physical security 
    system at Turkey's land borders. 
DEUTSCH