International Adoption of Syrian Refugee Children in Turkey

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International Adoption of Syrian Refugee Children in Turkey

“To what extent can Syrian unaccompanied child-refugees be adopted by Turkish citizens?”

by

Lena Essing

Submitted to the Department of

Middle East Studies

For the degree of Master in Middle East Studies March 2016

Certified by thesis supervisor, Maaike Voorhoeve Accepted by thesis ready, Robbert Woltering

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Table of Contents

List of abbreviations and definitions... 3

Introduction ... 6

Chapter 1: Refugee hosting country Turkey ... 10

The Syrian Civil War ... 10

Turkey ... 11

Legal framework of child refugees in Turkey ... 12

Role of UNHCR and AFAD ... 13

Situation of Refugees in Turkey ... 14

Child- refugees in Turkey ... 16

Effects on refugee children: education an mental health ... 16

Chapter 2: The fear of the lost generation for unaccompanied child refugees and the Conventions of the Rights of the Child. ... Error! Bookmark not defined. The Hague Adoption Convention ... 23

Chapter 3: The possibilities of child adoption. ... 24

Triangle of rights... 24

Example 1: International adoption of a Syrian child by Turkish nationals possible? ... 27

Turkish adoption law ... 27

Syrian Family Law ... 28

Turkey’s special position on kafalah ... 29

Example 2: Can Syrian unaccompanied child refugees be adopted by Turkish citizens? ... 30

Conclusion ... 35

Recommendations ... 37

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List of abbreviations and definitions

AFAD Disaster and Emergency Management Presidency of Turkey (Afet ve Acil Durum Yönetimi Başkanlığı, AFAD)

Asylum Seeker ‘An individual who is seeking international protection. In countries with individualized procedures, an asylum seeker is someone whose claim has not yet been finally decided on by the country in which the claim is submitted. Not every asylum seeker will ultimately be recognized as a refugee, but every refugee is initially an asylum seeker.’1

Child Article 1A UN convention on the right of the child: ‘Every human being below the age of eighteen years unless under the law applicable to the child majority is attained earlier.’2

Convention on the Rights of the Child (CRC)

‘Adopted in 1989, this treaty sets comprehensive standards for the protection of the rights of children. It is underpinned by four guiding principles, one of which is non-discrimination in the application of its standards to all children. Therefore, refugee children come fully within its scope. The other guiding principles are the “best interest” of the child, the right to life, survival and development, and the right to participation.’3

CPS Code of Personal Status

Customary International Law

‘International laws that derive their authority from the constant and consistent practice of States, rather than from formal expression in a treaty or legal text. In order for State practice to contribute to the formation of customary international law, that practice should be conducted with a sense of legal obligation. Several of the provisions in the Universal Declaration of Human Rights, including the prohibition against slavery, torture, prolonged arbitrary detention and extra-judicial killings, are generally recognized to have become part of customary international law.’4

Durable Solutions ‘Any means by which the situation of refugees can be satisfactorily and permanently resolved to enable them to live normal lives. UNHCR traditionally pursues the durable solutions of voluntary repatriation, local integration and resettlement.’5

EU European Union

Family Unity Principle ‘A principle that gives effect to the protection of the family as the natural and fundamental group unit of society, as described in Art 16 of the Universal Declaration of Human Rights. Under this principle, refugee status may be granted to the spouse and dependents of a person who meets the refugee criteria. When spouses and dependents acquire refugee status by application of the family unity principle, they are said to enjoy “derivative status”.’6

Family Reunification: ‘The process of bringing together families, particularly children and

1_{“UNHCR Master Glossary of Terms“, UN High Commissioner for Refugees (UNHCR), June 2006, accessed}

on June 15, 2015, http://www.refworld.org/docid/42ce7d444.html.

2

Reyhan Atasue, Topcuoglu, Profiling Migrant Children in Turkey, Social Policy and Social Work Suggestions

a Rapid Assessment Research,. N.p: IOM International Organization for Migration, 2012. p. 9.

6

“UNHCR Master Glossary of Terms“, UN High Commissioner for Refugees (UNHCR), June 2006, accessed on June 15, 2015, http://www.refworld.org/docid/42ce7d444.html.

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elderly dependents with previous care-providers for the purpose of establishing or re-establishing long-term care. Separation of families occurs most often during armed conflicts or massive displacements of people.’7

GoT General Assembly of Turkey

International Protection Is defined as: ‘The actions taken by the international community on the basis of international law, aimed at protecting the fundamental rights of a specific category of persons outside their countries of origin, who lack the national protection of their own countries.’8

Livelihoods ‘A combination of the resources used and the activities undertaken in order to live. Resources include individual skills (human capital), land (natural capital), savings (financial capital), equipment (physical capital), as well as formal support groups and informal networks (social capital).’9

MLT Muslim Legal Tradition

Naturalization Is the legal act and process by which a non-citizen in a country may acquire citizenship or nationality.

Non-refoulement A core principle of international refugee law stipulated in the

Convention Relating to the Status of Refugees signed in Geneva on the 28 July 1951 that prohibits States from returning refugees in any manner whatsoever to countries or territories in which their lives or freedom may be threatened.10 The principle of non–refoulement is part of customary international law and is therefore binding on all States, whether or not they are parties to the 1951 Convention.11

Orphan Has lost one or two parents and has no caretaker. Different states and institutions have different criteria for determining whether a child is an orphan. UNICEF classifies any child that has lost one parent as an orphan.12 For the purpose of this research, an orphan is a minor who is deprived of parental care due to death, disappearance, or abandonment by either mother or father, as well as situations where the parent voluntarily or involuntarily terminates the relationship with the child. PRS Protracted Refugee Situation (PRS) is defined as ‘A protracted

refugee situation is one in which 25,000 or more refugees originating from the same country have sought asylum in another country (or countries) for at least five consecutive years. The Office of the United Nations High Commissioner for Refugees (UNHCR) defines protracted refugee situations as those "in which refugees find themselves in a long-lasting and intractable state of limbo. Their lives may not be at risk, but their basic rights and essential economic, social, and psychological needs remain unfulfilled after years in exile.’13

Refugee As defined in Art. 1 A (2) of the 1951 Convention relation to the status

7

9

10_{UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty}

Series, vol. 189, p. 137, accessed on 20 May 2015 http://www.refworld.org/docid/3be01b964.html .

11_{“Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951}

Convention relating to the Status of Refugees and its 1967 Protocol”. UNHCR.

12_{“Orphans”. UNICEF. 15 June 2015 accessed on 20 August 2015.}

http://www.unicef.org/media/media_45279.html.

13

U.S. Department of State, Protracted Refugee Situations, accessed on October 15, 2015. http://www.state.gov/j/prm/policyissues/issues/protracted/.

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of refugees, a refugee is a person who, due to ‘well-founded fear of being persecuted for reasons of race, religion, nationality, membership of particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country or who, not having a

nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.’14

Refugee Camp ‘A plot of land temporarily made available to host refugees fleeing from an armed conflict in temporary homes. UN Agencies, particularly UNHCR, and other humanitarian organizations provide essential services in refugee camps including food, sanitation, health, medicine and education. These camps are ideally located at least 50 km away from the nearest international border to deter camp raids and other attacks on its civilian occupants.’15

Stateless person The 1954 Convention relating to the Status of Stateless Persons defines a stateless person in article 1(1) as a person ‘who is not considered as a national by any State under the operation of its law’ is considered a stateless person.16

Separated Children ‘Children being looked after by adults in the absence of their parents or usual adult care-taker.’17

Temporary Protection ‘An arrangement developed by States to offer protection of a temporary nature to persons arriving en masse from situations of conflict or generalized violence, without prior individual status determination.’18

UASC Unaccompanied and separated children

Unaccompanied minor ‘Persons below the legal age of majority who are not in the company of an adult who, by law or custom, is responsible to do so, such as parents, guardians or primary caregivers.’19

UNICEF The United Nations Children's Emergency Fund

UN United Nations

UNHCR United High Commissioner for Refugees

14

UN General Assembly, Convention Relating to the Status of Refugees, 28 July 1951, United Nations, Treaty Series, vol. 189, p. 137 accessed on 20 May 2015, http://www.refworld.org/docid/3be01b964.html .

16_{UN General Assembly, Convention Relating to the Status of Stateless Persons, 28 September 1954, United}

Nations, Treaty Series, vol. 360, p. 117, accessed on 20 May

2015.http://www.refworld.org/docid/3ae6b3840.html accessed on 20 May 2015.

19

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Introduction

“We have reached the highest number of people displaced by conflict ever: 59.5 million, 16% more than last year and 60% more than a decade ago, which means the situation is getting out of control.” So said former United Nations High Commissioner António Guterres on World Refugee Day, the June 20, 2015, at a press-conference held to announce release of the annual global trends report of 2014 entitled, A World at War. 20 In Guterres’ opinion, multiplication of conflicts and a lack of clear power relations—which result in impunity and

unpredictability—are the main reasons for the explosion of refugee numbers worldwide.21 In his speech, he summarized the misery of these conflicts and noted that UNHCR and other humanitarian organisations no longer have the resources to pick up after them. He noted that the international community also lacks the capacity to prevent conflicts or to solve them in a timely manner.22

One of these conflicts, is the civil war in Syria that has just entered its fifth year—a gloomy anniversary that reflects one of the worst humanitarian crises of our time. Since the beginning of the conflict in 2011, an estimated 220,000 Syrians have been killed, including over

100,000 Syrian children. 23 More than 7.6 million people have been internally displaced in Syria, according to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA). 24 More than four million people—of which almost 2 million are under the age of 18 years old—have fled the country in an attempt to escape the violence. Most of the four million Syrians who left the country fled to the neighbouring countries of Syria, Egypt, Jordan, Iraq, Lebanon, and Turkey.25

As of February, 2015, Turkey became the largest refugee-hosting country in the world.26 It hosts more than 2.5 million Syrian refugees and has spent more than US$6 billion on direct assistance to refugees since the first arrivals came in 2011.27 Although Turkey has

implemented new legislation for the protection of newcomers—e.g., a law on foreigners and international protection, the declaration of an open-door policy and a temporary protection

20_{“UNHCR Global Trends 2014: High Commissioner Guterres Comments." UNHCR Youtube, June 19, 2015,}

accessed June 19, 2015, https://www.youtube.com/watch?v=Ctj1GFMcUcg accessed on 19 June 2015.

21_{“UNHCR Global Trends 2014: High Commissioner Guterres Comments." UNHCR Youtube, June 19, 2015,}

accessed June 19, 2015, https://www.youtube.com/watch?v=Ctj1GFMcUcg accessed on 19 June 2015.

22

“UNHCR Global Trends 2014: High Commissioner Guterres Comments." UNHCR Youtube, June 19, 2015, accessed June 19, 2015, https://www.youtube.com/watch?v=Ctj1GFMcUcg accessed on 19 June 2015.

23_{“Report of the Secretary- General on children and armed conflict in the Syrian Arab Republic.” UN Secretary-}

General (UNSG). January 27, 2014. Accessed on September 1, 2015. http://www.refworld.org/docid/52f222744.html.

24_{"About the Crisis.” United Nations Office for the Coordination of Humanitarian Affairs, accessed on}

November 18, 2015 http://www.unocha.org/syrian-arab-republic/syria-country-profile/about-crisis.

25_{"UNHCR Syria Regional Refugee Response." UNHCR, accessed on 5 Oct. 2015}

http://data.unhcr.org/syrianrefugees/regional.php.

26

UNHCR The UN Refugee Agency and UNDP United Nations Development Program. “Turkey- 3RP Regional Refugee & Resilience Plan 2015-2016.”Accessed on May3, 2015. http://www.3rpsyriacrisis.org/wp-content/uploads/2015/01/3RP-Report-Turkey-A4-low-res.pdf. p.3.

27

"UNHCR Syria Regional Refugee Response." UNHCR accessed on December 31, 2015. http://data.unhcr.org/syrianrefugees/regional.php.

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regime in October of 2014--the large number of Syrian refugees arriving in Turkey has put its reception capacity under strain.28

Because the number of refugees arriving in Turkey will only continue to grow, so will the number of refugee-camps in Turkey and the number of Syrian refugees residing in

communities within Turkish villages and cities. This is significant, because it means that the refugee population—including both refugees in camps and the other 80% living in

communities—will have a substantial presence and impact on Turkey and its population in the future.29 In general, Turkey’s response in giving aid to the refugees—both in building camps and in controlling the situation—has received praise by the international community.

30

Nevertheless, both nationally and internationally, we lack a unified approach to a durable solution that will enable refugees to establish their own lives again, whether in hosting

countries or elsewhere. Durable solutions are especially important to the healthy development of the roughly 1.25 million refugee children in Turkey if we are to avoid a “lost generation.” Lost generation is a key term that is used in many reports on the Syrian crisis and the

immense number of affected children.31 It refers to a generation of children that is living in limbo; a generation that is internally and externally displaced; a generation that is losing its childhood, its youth, and its sensitivity to a war that does not appear ready to end any time soon; a generation that is, “being shaped by violence, displacement, and constant absence of prospects for their future.”32

These children have faced and continue to face tremendous dangers every day. Countless children, in and out of Syria, suffer from psychological traumas from watching their family members be killed, from being separated from their families, from being terrified by danger and violence in Syria.33 In Syria, children have been exposed to human rights violations that include killing and maiming, sexual assault, violence, torture, arbitrary detention, recruitment and use by armed forces and groups, and exposure to the explosive remains of war.34 In hosting countries, the children face other challenges that come along with their change of surroundings and their adaptation to it. In Turkey, the refugee camps (and the temporary protection regime) try to cover the essential needs of the affected families and the children by providing basic needs, educational programs, and psychological services to normalize their lives to whatever extent possible and to grant them a future with skills. However, problems such as insufficient means to afford tuition fees, failure of registration, language barriers, safety and security issues, harassment and discrimination, suggest that Syrian refugee children are in danger of gradually become a lost generation.

28

Ahmet Icduygu. Syrian Refugees in Turkey The long road ahead. Washington, DC: Migration Policy Institute, 2015. p. 1.

29_{Benedetta Berti. "The Syrian Refugee Crisis: Regional and Human Security Implications." Strategic}

Assessment 17.4 (2015). p. 42.

30

Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015.p. 9.

31_{“Refugees endure worsening conditions as Syria’s conflict enters 5}th_{year.” UNHCR, March 12, 2015,}

accessed on May 30, 2015. http://www.unhcr.org/5501506a6.html.

32_{Henriette, Johanson. "Syrian Refugee Children: A Lost Generation." Middle East Monitor. 15 January, 2014.}

https://www.middleeastmonitor.com/resources/reports-and-publications/9252-syrian-refugee-children-a-lost-generation accessed on 10 August, 2015.

33_{“Syria’s Children- A lost Generation?” UNICEF. Accessed on May 15, 2015}

http://www.unicef.org/files/Syria_2yr_Report.pdf.

34

"Syria’s Children: A Lost Generation?" UNICEF. Mar. 2013 accessed 12 July, 2015. http://www.unicef.org/files/Syria_2yr_Report.pdf. p.4.

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Although the general problems and challenges of refugee children in Turkey and the well-grounded fear of a lost generation have been addressed in the reports of international

organisations35 and governments36, little information can be found about the specific situation of unaccompanied Syrian child refugees, who are considered the most vulnerable as they lack adults who are, by law or custom, responsible for them.37

In situations of mass displacement and violent conflict, as in Syria, the number of

unaccompanied and separated children (UASC) tends to be approximately 2% of the refugee population.38 During on-going conflicts, the number of unaccompanied child refugees is generally unknown, as it must first be established whether they are unaccompanied or separated. Until then, they are referred to in statistics as unaccompanied and separated children (UASC). According to information of the UNHCR’s office in Turkey, the

percentage of UASC among the identified refugees just exceeds 10%. This means that there are between 20,000 and 100,000 unaccompanied or separated registered (by UNHCR) children in Turkey.39 Many of these children entered Turkey by themselves or with their siblings and therefore lack the care and guidance of an adult person and/or stable family environment.

Several international treaties and conventions regulate the protection and rights of children in general and of children displaced by conflict in particular. Of specific importance for this research is the United Nations Convention on the Rights of the Child (CRC). This document serves as the foundation for recognizing and protecting child rights in international law and encompasses all children, including refugee children. One of the conditions formulated in the preamble of the CRC is that all countries that ratify this convention agree on the fact that a family environment is a, “necessary precondition for a full and harmonious development of the child’s personality.”40 Considering this essential precondition of a family environment, it is evident that the ideal for “full and harmonious development” is not fulfilled in the Syrian child refugee’s situation. The question therefore arises what can be done to help

unaccompanied Syrian minors who reside in Turkey. Though the CRC claims that a family environment is highly desirable for a child, it also suggests alternate forms of caretaking. In article 20 of the CRC, adoption is considered as an alternative care solution for children without parents or caretakers. Therefore, with the aim of giving these children a safe space to grow up in, the question can be raised whether Turkish families are able to adopt them. Because child-adoption procedures are highly complex, this study will also touch upon related topics. With the adoption of an unaccompanied Syrian child refugee by a Turkish family, the condition of a family environment could be ensured and the fears of a lost generation might thereby be reduced. Therefore, the next research question has been

35

“The Future of Syria – Refugee Children in Crisis.” UNHCR. Accessed on June 2, 2015. http://unhcr.org/FutureOfSyria/.

36_{“Syrian Refugees in Turkey, 2013.” Ankara: Republic of Turkey Prime Ministry Disaster and Emergency}

Management Presidency, 2013.

37_{“UNHCR Master Glossary of Terms“, UN High Commissioner for Refugees (UNHCR), June of 2006,}

accessed on June 15, 2015, http://www.refworld.org/docid/42ce7d444.html.

38_{Email received by UNHCR Turkey.19 August, 2015.} 39_{Email received by UNHCR Turkey.19 August, 2015.} 40

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formulated:

To what extent can Syrian unaccompanied child refugees be adopted by Turkish citizens? The importance of this study is three-fold. The first is to create awareness about the urgent need for research regarding durable solutions for unaccompanied child refugees; the second is to establish research that exhibits the difficult legal limbo of national and international laws and cultural and political differences; the third is to introduce the possibility of adoption as a possible solution for the providence of a family environment for the full and harmonious development of unaccompanied Syrian refugee children in Turkey.

The study consists of two parts. The first part consists of a review of literature published by UNHCR, United National Children’s Fund (UNICEF), governmental institutions and others. Secondly, the legal aspect of the study is based on the evaluation of different rights and laws that protect child adoption and the wellbeing of unaccompanied child refugees. The material and numbers used here date from between 2011 and the 31st of December, 2015. It is also important to mention that, because the conflict began only recently, studies on Syrian refugee children—especially unaccompanied children and their outcomes—are still very limited. This thesis is organised as follows. Chapter 1 provides a general overview of the Syrian Civil War and explains why so many Syrians are being forced to leave their countries. It provides an overview of the current refugee situation in Turkey by providing detailed information on numbers, legal status, dwellings, and challenges. It also elaborates on the situation of children and the effects of refugee life regarding education and health care. Chapter 2 focusses on the most vulnerable children of the refugee crisis: the unaccompanied and separated children who are in danger of becoming a lost generation. In addition, Chapter 2 explains the gap in

research concerning the situation of unaccompanied child refugees, their legal position and their right for care and wellbeing. Chapter 3 elaborates on the international rights of children and outlines relevant international laws concerning parental care and alternative care. It also elaborates on the possibility of child adoption in two examples, taking into account

international law, Turkish national law, and Syrian family law. Finally, a conclusion is provided that discusses limitations of this research and makes recommendations for future research on the adoption process for unaccompanied child refugees.

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Chapter 1: Refugee hosting country Turkey

The Syrian Civil War is immensely complicated and is rooted in decades of Middle Eastern politics and power relations. Since the beginning of the war in March, 2011, several changes have complicated and worsened the situation to make it what it is today. What follows is a brief overview of how the Syrian Civil War started and then developed into the catastrophic situation of today, which has forced so many people to flee.

The Syrian Civil War

The conflict in Syria started on March 18, 2011, when pro-democracy protests erupted in the southern city of Deraa. These protests were sparked by the arrest and torture of teenagers who had painted revolutionary slogans on a school wall.41 The Syrian government responded harshly to the protests, which triggered nationwide unrest and protests that demanded the resignation of President Assad. By July, hundreds of thousands Syrians had taken to the streets all across the country to show their resistance against the government’s brutal use of force. Ultimately, opposition supporters picked up arms, first to defend themselves and later to banish security forces from their local areas.42 Violence escalated, and the country

descended into a civil war as rebel brigades were formed to battle government forces for control of the cities, towns and countryside.43 By 2012, the protests had transformed into a civil war. To crush the rebels and their supporters, government forces broadly bombed and shelled civilian populations. 44 Different ethnicities and religious groups started to fight each other in changing coalitions (Islamic Front, Hezbollah, opposition forces, YPG, and

governmental forces).45 By 2013, Sunni Islamists had become the most effective anti-Assad fighters. They were supported by Sunni states such as Saudi Arabia and Qatar. Iran’s government, on the other hand, provided the Assad regime with cash, weapons, and soldiers.46 Although the Sunni extremist group—internationally known as the militaristic jihadist group al-Qaeda in Iraq—was mostly defeated in 2007, it started to rebuild itself while fighting against Assad in Syria.47 This militaristic extremist movement grew stronger and swept back into northern Iraq under the name ISIS. 48 ISIS used the opportunity provided by

41_{"Syria: The Story of the Conflict.” BBC News, March 12, 2015, accessed on April 5, 2015.}

http://www.bbc.com/news/world-middle-east-26116868 (last modified March 11, 2016).

42

"Syria: The Story of the Conflict.” BBC News, March 12, 2015, accessed on April 5, 2015. http://www.bbc.com/news/world-middle-east-26116868 (last modified March 11, 2016).

43_{"Syria: The Story of the Conflict.” BBC News, March 12, 2015, accessed on April 5, 2015.}

http://www.bbc.com/news/world-middle-east-26116868 (last modified March 11, 2016).

44

Zack Beauchamp. "Why People Are Fleeing Syria: A Brief, Simple Explanation." Vox Media, September 4, 2015, accessed on September 18, 2015 http://www.vox.com/2015/9/4/9261971/syria-refugee-war.

45_{"The European Refugee Crisis and Syria Explained." In a Nutshell – Kurzgesagt YouTube. September 17,}

2015. Accessed on September 25,2015. https://www.youtube.com/watch?v=RvOnXh3NN9w.

46_{Max Fisher an Amanda Taub. "The Refugee Crisis: 9 Questions You Were Too Embarrassed to Ask." Vox}

Media. September 9,2015, accessed on September 12, 2015

http://www.vox.com/2015/9/9/9290985/refugee-crisis-europe-syrian accessed on 12 September, 2015.

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unrest and chaos in these regions to enter Syria with the goal of building an Islamic

Caliphate. Since 2011, the conflict has evolved into more than just a battle between those for or against President Assad’s regime. According to a report of the United Nations, the number of casualties due to this civil war reached 250,000 people in August of 2015 and is still growing.49 Today, Syria is still divided between government, rebels, ISIS, and Kurdish forces, leaving the Syrian population trapped between them and their violence. Different reports of international organisations such as Amnesty International and Human Rights Watch show that continuing, numerous and serious violations of human rights against civilians have made it mostly intolerable for many Syrians to stay in their home country.50 The major violations of international human rights include not only the unlawful use of weapons, executions, detention, and torture, but also the systematic denial of food, water and electricity and the denial and prevention of medical care. Doctors, nurses, dentists, and pharmacists have been detained; ambulances have been targeted; medical facilities have been destroyed; and pharmaceutical industries have also been destroyed.51 Another important aspect is that both adults and children were targets of human rights violations. Reports show that children have been victims of targeted killings, tortures (including beatings, electric shocks, cigarette burns, ripping of fingernails and toenails, and sleep deprivation), used as human shields, recruited as child soldiers, raped, executed, abducted, exposed to the torture of relatives, denied medical treatment, denied humanitarian access, and denied food and water. 52 The intensity of violence in this conflict explains the flight of numerous Syrian people into neighbouring countries, Europe, and other parts of the world.53 As of February 2015, Turkey has become the largest refugee-hosting country in the world.54

Turkey

The Republic of Turkey hosts more than 2.5 million Syrian refugees and has already spent more than US$6 billion on direct assistance to refugees since the first arrivals in 2011.55 As of December 2015, 2,503,549 Syrian refugees have been registered in Turkey, of which 54.2% are under 18 years old.56

49_{"Alarmed by Continuing Syria Crisis, Security Council Affirms Its Support for Special Envoy’s Approach in}

Moving Political Solution Forward." United Nations. August 17, 2015. Accessed on October 1, 2015. http://www.un.org/press/en/2015/sc12008.doc.htm.

50_{"Syria: Stop Grave Abuses of Children." Human Rights watch. June 11, 2012, accessed November 1, 2015.}

https://www.hrw.org/news/2012/06/11/syria-stop-grave-abuses-children.

51

Annie Sparrow. “Syria’s assault on doctors.” The New York Review of Books. November 13, 2013. Accessed on September 23, 2015. http://www.nybooks.com/daily/2013/11/03/syria-assault-doctors/.

52_{"Syria: Stop Grave Abuses of Children." Human Rights watch. June 11, 2012, accessed November 1, 2015.}

https://www.hrw.org/news/2012/06/11/syria-stop-grave-abuses-children.

53

Currently there are 118.512 Syrian refugees residing in Egypt, 636,040 Syrian refugees in Jordan, 1,067,785 in Lebanon and 2,715,789 Syrian refugees in Turkey retrieved from “UNHCR Syria Regional Refugee Response." UNHCR United Nations High Commissioner for Refugees” on March 1, 2016.

54_{UNHCR- The UN Refugee Agency and UNDP - United Nations Development Program. “Turkey- 3RP}

Regional Refugee & Resilience Plan 2015-2016.”Accessed on May 3, 2015. http://www.3rpsyriacrisis.org/wp-content/uploads/2015/01/3RP-Report-Turkey-A4-low-res.pdf. p.3.

55_{"UNHCR Syria Regional Refugee Response." UNHCR United Nations High Commissioner for Refugees}

accessed on December 31, 2015. http://data.unhcr.org/syrianrefugees/regional.php.

56

"UNHCR Syria Regional Refugee Response." UNHCR United Nations High Commissioner for Refugees accessed on December 31, 2015. http://data.unhcr.org/syrianrefugees/regional.php.

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Legal framework of child refugees in Turkey

Turkey is a signatory of the 1951 Convention on the Status of Refugees. It is noteworthy that Turkey’s asylum policy has been characterized since 1951 by a special “geographical limitation.”57

This geographical limitation implies that the Turkish state grants refugee status and the right to asylum only to, “persons who have become refugees as a result of events occurring in Europe.”58

All asylum seekers from other countries outside of Europe were evaluated in cooperation with the UNHCR and placed with the support of the UNHCR into third countries.59 When the first Syrians arrived in Turkey in 2011, they were not immediately qualified as “refugees” but mostly as “guests”60 due to the geographical limitation.61 The first camps in Turkey were therefore also referred to as “guest” camps rather than refugee camps.62 Turkey received criticism for not granting immediate refugee status to the arriving Syrians. Because they fled their country for political or humanitarian reasons, leaving them without any legal status has made them even more vulnerable.63 In October of 2011, the General Assembly of Turkey [GoT]) adopted a regime of temporary protection based on the 2001 European directive on temporary protection, which is based on three important principles: (a) open door policy, (b) the principle of non-refoulement (no forcible returns), and (c) registration with the Turkish authorities and support inside the camps. This implied that Turkey reacted to the crisis by adopting a temporary protection system; however, the “guest” status of the refugees did not change until 2013. Between 2011 and 2013 there was a lot of confusion about the rights of Syrians in Turkey.64 Then, with the intensification of the conflict and with the rising number of Syrian refugees coming into the country, Turkey adopted its first law on foreigners and international protection in April 2013, which was effective starting in April 2014.65 With the passage of this law, a new asylum law was born that, “regulated all proceedings for foreigners arriving in Turkey in need of international protections.”66

The law was created to improve Turkey’s refugee policy, to protect asylum

57_{"Syrian Refugees in Turkey: A Status in Limbo." Mediterranean Human Rights Network.}

Euro-Mediterranean Human Rights Network (2011). 2011. Accessed on May 3, 2015.

http://www.refworld.org/docid/515010a42.html. p. 7.

58_{Dersim Yabasun. "International Response to the Largest Regional Refugee Crisis." Maastricht University.}

September, 25, 2014. Accessed on September 27, 2015.

http://law.maastrichtuniversity.nl/newsandviews/international-response-to-the-largest-regional-refugee-crisis/.

59_{Dersim Yabasun. "International Response to the Largest Regional Refugee Crisis." Maastricht University.}

September, 25, 2014. Accessed on September 27, 2015.

http://law.maastrichtuniversity.nl/newsandviews/international-response-to-the-largest-regional-refugee-crisis/.

60_{“Turkish reception policies were at the outset predicated on the assumption that the conflict would come to a}

swift conclusion, allowing the Syrian “guests”(a word chosen over refugees”) to return home, and precluding the need to plan for their long-term or permanent stay in Turkey” – (Ahmet, Icduygu. Syrian Refugees in Turkey

The long road ahead. Washington, DC: Migration Policy Institute. 2015. p. 1.)

61_{Osman Bahadir Dincer, Vittoria Federici, Sema Karaca, Kemal Kirisci, and Elif Özmenek Carmikli "Turkey}

and Syrian Refugees: The Limits of Hospitality." Washington, DC: The Brookings Institution, 2013, p.25.

62

Senay Özden. Syrian Refugees in Turkey. San Domenico di Fiesole (FI): European University Institute, 2013. p. 5.

63_{Senay Özden. Syrian Refugees in Turkey. San Domenico di Fiesole (FI): European University Institute, 2013.}

p. 5.

64_{Senay Özden. Syrian Refugees in Turkey. San Domenico di Fiesole (FI): European University Institute, 2013.}

p. 5.

65_{Osman Bahadir Dincer, Vittoria Federici, Sema Karaca, Kemal Kirisci, and Elif Özmenek Carmikli "Turkey}

and Syrian Refugees: The Limits of Hospitality." Washington, DC: The Brookings Institution, 2013, p.31.

66

UNHCR. 2014 Syria Regional Response Plan- Turkey. UNHCR, 2014. Accessed May 5, 2015 http://www.unhcr.org/syriarrp6/docs/syria-rrp6-turkey-response-plan.pdf#A.

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seekers and to create a specialised institution called the Directorate General of Migration Management, under the Ministry of Interior, to implement related laws.67 Even though the legal status of Syrian refugees changed from guests into formal refugees under the Turkish temporary-protection regime, Syrians were and still are constrained by the geographic limitations of the 1952 Refugee Convention, which hinders them from obtaining legal asylum in Turkey. 68

In general, nations offer “temporary protection” when they fear that their regular asylum systems are at risk of being overwhelmed by a sudden and massive influx of people.69 Due to this concept of temporary protection, people who seek refuge and ultimately asylum can be admitted rapidly into a country on a temporary basis until their status and the further development of the conflict or mass influx is determined. Therefore, temporary protection seems, at first sight, to be a good opportunity for both sides (refugees and hosting government). But, as the term implies, it is a temporary arrangement rather than a long-term solution. Refugees are thereby denied opportunities to support themselves and to build their livelihoods. Refugees often find themselves seeking protection in prolonged and precarious situations in asylum-processing centres, refugee camps, or urban slums.70 They remain often without a permanent and secure legal status and have no means to support themselves. 71

Role of UNHCR and AFAD

Regarding the organization of the large refugee population in Turkey, AFAD (Afet ve Acil Durum Yönetimi Başkanlığı, AFAD—in English, The Disaster and Emergency Management Presidency of Turkey) has been the lead agency in coordinating and implementing the government’s efforts to respond to the refugee influx.72

Usually, non-governmental or international organisations, such as UNHCR, take the lead in such mass displacement situations and are responsible for the coordination and protection of refugees. But not so in Turkey. AFAD was originally established to deal with disasters—such as earthquakes, floods, and terrorist attacks—but it restructured itself quickly after the first arrival of Syrian refugees in April of 2011.73 With the full financial and political support of the government, the agency could react quickly to deal with the growing humanitarian disaster at the Turkish border.74 AFAD then assumed the task of building refugee camps, which, in other countries, is often undertaken by UNHCR. While AFAD is responsible for the coordination and establishment

67

Soner Cagaptay. The impact of Syria’s Refugees on Southern Turkey. Washington, DC: The Washington Institute for Near East Policy, 2014. p.8.

68

Soner Cagaptay. The impact of Syria’s Refugees on Southern Turkey. Washington, DC: The Washington Institute for Near East Policy, 2014. p.8.

69_{"Protecting Refugees: Questions and Answers." UNHCR News. Feburary 1, 2002, accessed on October 27,}

http://www.unhcr.org/3b779dfe2.html.

70

Demetrios, Papademetriou. Beyond Asylum: Rethinking Protection Policies to meet sharpley escalating needs. Washington, DC: Migration Policy Institute, 2014. p.3.

71_{Demetrios, Papademetriou. Beyond Asylum: Rethinking Protection Policies to meet sharpley escalating needs.}

Washington, DC: Migration Policy Institute, 2014. p.3.

72_{Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015. p.}

33.

73_{Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015. p.}

33.

74

Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015. p. 33.

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of camps, the agency is not responsible for the management of the camps themselves. 75 It provides coordination among the involved official institutions, establishes the infrastructure of the camps and provides the logistic facilities. The rest of the responsibilities are split into the different ministries. The Ministry of educational issues is responsible for the educational programmes inside the camps; the ministry of health upholds the responsibility of health services; and the ministry of interior affairs provides security services.76 In addition, Turkey they assigned government employees from nearby towns to camps to create, “better relations between the refugees and the residents of nearby towns.”77

Situation of Refugees in Turkey

In April of 2015, AFAD was responsible for 25 camps in 10 different cities in Turkey. These camps have a total capacity of 330,000. They house approximately 272,000 refugees out of the 1.65 million that were registered in 2014.78 In general, the camps provide the refugees with accommodation, health care, education (preschool and education for children and adults), religious and social services (by doctors, teachers, imams, and civil servants) for each camp. The camps in Turkey are far superior to those in other, economically weaker countries, such as Lebanon or Jordan.79 With respect to order, social facilities, education, health opportunities, security, and hygiene, they are often described as, “the best refugee camps ever seen.”80

However, the camps are under increasing strain by the prolonged crisis.81 Though the refugees live in good conditions in the camps and their basic needs are met, most choose to live outside the camps. There are different reasons for this. One of the biggest problems, according to the ORSAM (Ortadogu Stratelijk Arasrirmalar Merkizi - Centre for Middle Eastern Strategic Studies) report, is the boredom and restriction of freedom associated with living in camps.82 Refugees experience dissatisfaction when doing the same things every day in a restricted area (the camp).83 In addition, they require permits to leave and enter and therefore feel that their freedom is very limited.84 Many refugees regard camp life as a temporary measure and wish to live elsewhere, where they are allowed to work and establish their lives again.85

75

Oytun Orhan. The situation of Syrian refugees in the neighboring countries: Findings, conclusions and

recommendations. Ankara: Turkey Orsam, 2014. p.15.

76_{Oytun Orhan. The situation of Syrian refugees in the neighboring countries: Findings, conclusions and}

77

Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015. p. 17.

78_{Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015. p.16.} 79

recommendations. Ankara: Turkey Orsam, 2014. p. 7.

80_{Semih Idiz. “Turkey’s Syria Refugee Crisis.” Al- Monitor. July 2, 2013, accessed on May 5 2015.}

http://www.al-monitor.com/pulse/originals/2013/07/syrian-refugees-crisis-in-turkey.html#.

81

Benedetta, Berti. "The Syrian Refugee Crisis: Regional and Human Security Implications." Strategic

Assessment 17.4 (2015): p. 44.

85

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Refugees living outside of camps form the majority of Syrians in Turkey.86 While in 2014 only 272,000 of all refugees in Turkey resided in camps, more than 1.4 million refugees resided within Turkish communities.87 Some of the refugees—usually those with some savings—settled in larger cities such as Istanbul, Mersin, Ankara, and Izmir. However, most refugees without sufficient resources live in adjacent cities along the Turkish-Syrian border: e.g., Sanliurfa and Gaziantep.88 Syrians living outside of camps experience many more problems than those hosted in camps.89 The living situation for those outside of refugee camps has worsened in recent years. Housing prices exploded in all areas due to the high refugee numbers; therefore, the personal savings of the refugees decreased, placing an additional strain on both the vulnerable refugee population and host communities. Due to the financial situation of the refugees and to shortcomings in the housing sector, many refugees are forced, “to live in substandard accommodations, such as abandoned or unfinished buildings or informal dwellings, which in numerous cases lack adequate access to water, sanitation, waste management, or electricity.”90

To escape this housing situation, and most of all to survive, many of the refugees outside of camps start to work, which is illegal. Because of the lack of work permits, Syrians face major financial obstacles. The wages that they earn are far below the market—approximately 200-300 YTL (60-90 Euros) monthly—which is barely enough to cover living expenses.91 These conditions make some refugees feel desperate and pressured to adopt destructive coping strategies to survive. Those include prostitution, child labour, or child marriage—which only lead to greater vulnerability and abuse. 92 In addition, high housing prices and unemployment are affecting the local population, which creates resentment among the Turkish towards the Syrians.93 Thus the refugees face even more problems because of the difficult housing situation, because they lack a chance to establish a livelihood or to create a savings due to the lack of work permits, and because of the resentment of the local population. Though the Turkish government provides free healthcare for refugees, most of those who reside within the communities have problems accessing it. Wrong information and language barriers, fear, and the lack of hospitals, doctors, and nurses in the region make it impossible to access the right of healthcare. Most Syrian refugees in the communities are left to fend for themselves, as are the

87

88_{Kilic Bugra Kanat and Kadir Ustun. Turkey’s Syrian Refugees toward Integration. Ankara: SETA, 2015. p. 22} 89

90_{Benedetta, Berti. "The Syrian Refugee Crisis: Regional and Human Security Implications." Strategic}

Assessment 17.4 (2015): p. 44.

91_{Soner Cagaptay. The impact of Syria’s Refugees on Southern Turkey. Washington, DC: The Washington}

Institute for Near East Policy, 2014. p.10.

92_{Demetrios, Papademetriou. Beyond Asylum: Rethinking Protection Policies to meet sharply escalating needs.}

Washington, DC: Migration Policy Institute, 2014. p. 4.

93

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children of these families. In general, it can be said that the conditions under which the refugees live produce a massive waste of human capital.94

Child- refugees in Turkey

In general, children who live in refugee camps in Turkey experience much more supervision from their family and camp-community than children who live outside of camps; this

provides them with more security. In addition, the registration of children within the camps is provided and supervised, which also prevents statelessness. Regarding educational

opportunities, children who reside in refugee camps have opportunities to learn the Turkish language and a greater chance to receive a primary or even secondary education. These educational opportunities enable them to amplify their opportunities in the future. Regarding health care, children who live in refugee camps have much more access to health care and supervision regarding their health. Health care is provided for physical and for psychological support. This care helps children handle traumatic experiences such as the death of family members, the stress of flight situations, and the change of their surroundings. Another important aspect for children is the feeling of community in the refugee camps. Stable surroundings (cultural groups) are of immense importance to the psychological development of children. There are many children who reside outside of refugee camps and within

communities. These children face a different situation than child refugees who live in refugee camps. As mentioned above, such children face difficult living conditions, often in unfinished houses or in child-unfriendly environments. Moreover, due to the financial problems of their families, many children are forced into child marriages. Another issue of concern is child labour, which is also caused by the families’ financial problems95. Other areas of concern for the international community are the general security of children, their registration to avoid the statelessness of new-borns, and legal access to health care, protection, and education.96 In addition to these general differences between child refugees who live in refugee camps and those who live within communities in Turkey, two important issues should be given special focus: the education and the mental health of the children. Regarding education, it is

imperative to understand what has happened in recent years and what problems are likely to occur in the future if this generation of children is not supervised, helped, and cared for.

Effects on refugee children: education an mental health

The educational environment for school-aged children in Syria faded quickly at the beginning of the war in 2011. Before this, Syria was, “an education success story, reporting universal enrollment in primary school and near universal enrolment in secondary school”.97 However, with the worsening of the civil war, the percentage of children in school lowered each year,

94

Demetrios Papademetriou. Beyond Asylum: Rethinking Protection Policies to meet sharply escalating needs. Washington, DC: Migration Policy Institute, 2014. p. 4.

95_{Demetrios, Papademetriou. Beyond Asylum: Rethinking Protection Policies to meet sharply escalating needs.}

Washington, DC: Migration Policy Institute, 2014. p. 4.

96_{Selcuk R. Sirin and Laura R. Sirin. “The Educational and Mental Health Needs of Syrian Refugee Children.”}

Washington, DC: Migration Policy Institute, October 2015, p.7, accessed on November 1, 2015, http://www.migrationpolicy.org/research/educational-and-mental-health-needs-syrian-refugee-children.

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and in the last two years (2014/2015) only 49% attended school. Syria therefore went from a country with universal enrolment to a country with the second lowest enrolment rate in the world in 2014.98 In Turkey, it is reported that more than 70% of all school-aged refugee children did not attend school in 2014 despite the fact that the Turkish government offered free enrolment.99 In addition, other problems make attendance at school difficult for families and children. For example, refugee families often cannot afford transportation or books, and they cannot afford to miss the children during the day because they also help to earn money needed to supply the family with basic needs.100Another reason why refugee children are not attending school in the host country is that they face gaps in education. Most Syrian children arrive in Turkey with an educational disadvantage, as they have not been to school for several years. Moreover, language barriers often make it impossible for children to attend school in Turkey as, “Turkey does not allow children to enrol until they can demonstrate proficiency in Turkish”.101

Because of these disadvantages, many children encounter physical and verbal abuse in school such that most parents fear to send them to schools.102 Furthermore, traumas and posttraumatic stress disorder (PTSD) also affect their cognitive, emotional, and social ability to learn or to improve their intellectual development.103

Mental health issues are another problem. According to a study by the Migration Policy Institute called “The Educational and Mental Health Needs of Syrian Refugee Children” (conducted in a refugee camp in Islahiye in Southeast Turkey), refugee children experience very high levels of trauma and mental-health distress:

79% had experienced a death in the family: 60% had seen someone get kicked, shot at or physically hurt: and 30 percent had themselves been kicked, shot at, or physically hurt. Almost half (45) percent displayed symptoms of posttraumatic stress disorder (PTSD) – ten times the prevalence among children around the world – and 44 percent reported symptoms of depression. Approximately one quarter reported daily

psychosomatic pains in their limbs, with one in 5 suffering from daily headaches.104

98

Selcuk R. Sirin and Laura R. Sirin. “The Educational and Mental Health Needs of Syrian Refugee Children.” Washington, DC: Migration Policy Institute, October 2015, p.7, accessed on November 1, 2015,

http://www.migrationpolicy.org/research/educational-and-mental-health-needs-syrian-refugee-children.

Washington, DC: Migration Policy Institute, October, 2015, p.8, accessed on November 1, 2015, http://www.migrationpolicy.org/research/educational-and-mental-health-needs-syrian-refugee-children.

Washington, DC: Migration Policy Institute, October, 2015, p.1,accessed on November 1, 2015, http://www.migrationpolicy.org/research/educational-and-mental-health-needs-syrian-refugee-children.

Washington, DC: Migration Policy Institute, October, 2015, p.1.accessed on November 1, 2015, http://www.migrationpolicy.org/research/educational-and-mental-health-needs-syrian-refugee-children.

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PTSD and depression are the most common problems among child refugees. These two conditions can also trigger further behavioural or emotional disorders, such as aggression. The result of many children suffering from these disorders can have negative long-term consequences for refugee camps and communities, as these settings provide little to no support for addressing these problems. They can also cause major problems within society in the long run.105

Thus, these mental health problems could not only lead to future problems for the individuals, but also for the society. Individuals with mental-health problems often require more resources in school and during transition to work. As adults, they might become more easily exhausted due to their physical, mental, and intellectual condition and therefore leave employment or remain unemployed.106 Continuing mental health problems could thus limit the refugees’ educational attainments and employability. This also affects the hosting countries and will be a disadvantage to Syria’s recovery when the war ends.107

Another future problem concerning the importance of refugee children’s education is that, if they fail to receive a good education, they will most likely have feelings of hopelessness, boredom, or fear which make them vulnerable targets for radicalization.108 When examining recent developments in the region—especially regarding the extremists groups and ISIS—the danger of refugee children becoming targets of recruitment is definitely real.

In previous crises in Afghanistan and Rwanda for example, the international community failed to break the cycle of hopelessness, anger, and radicalization among the youth who were left alone. 109 Camps thus became recruitment grounds for radical groups and child

soldiers.110 Thus, international community and hosting countries’ are responsible to prevent further lack of education and integration and to find solutions to help refugees successfully recover from trauma, PTSD, and other mental disorders. The most vulnerable group among child refugees are children who have lost their parents and must be cared for by others. The problems explained above are only intensified by their vulnerable state. This is supported by a study called “The Mental Health of Asylum-Seeking and Refugee Children and

Adolescents Attending a Clinic in The Netherlands”.111 This study compares unaccompanied

106

Selcuk R. Sirin and Laura R. Sirin. “The Educational and Mental Health Needs of Syrian Refugee Children.” Washington, DC: Migration Policy Institute, October, 2015, p.11, accessed on November 1, 2015,

107

Selcuk R. Sirin and Laura R. Sirin. “The Educational and Mental Health Needs of Syrian Refugee Children.” Washington, DC: Migration Policy Institute, October, 2015, p. 11, accessed on November 1, 2015,

110

Selcuk R. Sirin and Laura R. Sirin. “The Educational and Mental Health Needs of Syrian Refugee Children.” Washington, DC: Migration Policy Institute, October, 2015, p.11, accessed on November 1, 2015,

111

Pinto Wiese and Elizabeth Batista. “The Mental Health of Asylum-seeking and Refugee Children and Adolescents Attending a Clinic in the Netherlands.” Transcultural Psychiatry 44.4 (2007): 596-613.

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refugee children and children accompanied by family members in the Netherlands. It shows that, although both groups are at high risk for mental disorders, the risk was considerably greater for unaccompanied refugees.112

Chapter 2: The fear of the lost generation for unaccompanied

child refugees and the Conventions of the Rights of the Child.

The most vulnerable group among child refugees (and the centre of this research) are children who have lost their parents and must be cared for by others. These children are legally

referred to as unaccompanied and separated children (UASC), as their status of being orphaned or separated from their families and caretakers is yet to be determined. As the conflict in Syria is still on-going and the refugee crisis in Turkey is still relatively “young”, it is very difficult to obtain specific numbers of UASCs in Turkey. An email conversation with the UNHCR office in Ankara, Turkey, revealed that the percentage of UASCs in situations of mass displacement and violent conflicts (such as in Syria) generally tends to be around 2% of the entire refugee population.113 However, this office believes that the percentage of UASCs among the identified refugees is currently slightly over 10%, which means approximately 25,000 to125,000 UASCs are in Turkey.114115 Given the general problems that child refugees face (including their fears of missing education and the risk of mental disorders) and the fact that they are on their own, finding long-term solutions is particularly important.

Like other children, refugee children go through sequenced stages of development. These stages can be affected in times of conflict or when children grow up in a refugee

environment. A child’s development process can be seen “like a tower of bricks, each layer depending on the one below it”.116

When a conflict (such as the Syrian Civil War) or a flight situation disrupts one of these layers, a child’s physical, psychological, intellectual, and social development can also be disturbed, as mentioned in the previous chapter. Already in 2013, UNICEF announced that there is a serious global concern that these children will become a lost generation as a result of being unable to receive adequate and continuous education, proper health care, and the basic support they need in order to improve their psychological health and grow mentally.117 Angelina Jolie, who is a UNHCR Ambassador, also highlighted the urgency for long-term solutions for refugee children during a World Refugee Day press conference on 20 June 2015 by pointing out that the average duration of a protracted refugee

112_{Pinto Wiese and Elizabeth Batista. “The Mental Health of Asylum-seeking and Refugee Children and}

Adolescents Attending a Clinic in the Netherlands.” Transcultural Psychiatry 44.4 (2007): p.610-611.

113_{Email received from UNHCR Turkey.19 Aug. 2015.} 114_{Email received from UNHCR Turkey.19 Aug. 2015.}

115_{Extra info: According to Erin Bancos’s article "Overwhelmed By Thousands Of Refugee Children Traveling}

Alone, Europe Considers Adoption" there were 11,500 unaccompanied minors registered in Germany in 2014. They also experienced an increase of 5,000 from the previous year and six times the number recorded in 2009.

116_{Fahdah Fahd, Alsaud, “Children’s Rights: Syrian Refugee Camps Childhood Underfire?” Journal of Politics}

and Law 8.3 (2015): 229, accessed October 20, 2015. doi: doi:10.5539/jpl.v8n3p228.

117

Fahdah Fahd, Alsaud, “Children’s Rights: Syrian Refugee Camps Childhood Underfire?” Journal of Politics

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situation is 25 years.118 Such a situation is defined as one “in which refugees find themselves in a long-lasting and intractable state of limbo”.119,120 In this kind of situation, “the lives [of the refugees] might not be at risk, but their basic and essential economic, social and

psychological needs remain unfulfilled”.121

Jolie explains that at such a time a refugee is most likely unable to continue his or her education or to work legally in a host country.122 The refugee’s skills can therefore not develop properly or are dulled during this period. Furthermore, the individual’s much-needed contribution to society will be lost.123

Connecting this thought to the fact that half of the refugee population in Turkey is under the age of 18 is terrifying. For an adult, the estimated 25-year duration of a protracted refugee situation is already long; for children, having everything unsure, unstable, and in total limbo for so long can be fatal. However, children both within and outside of Syria are mostly deprived of their years of childhood, which is defined by UNICEF as “the time for children to be in school at play, to grow strong in confident with the love and encouragement of their family and an extended community of caring adults”.124

As mentioned in the introduction to this research, there are international treaties and

conventions that protect children, their rights, and their needs. The Convention on the Rights of the Child (CRC), which is the most important document regarding children’s rights, reflects the “Geneva Declaration of the Rights of the Child” (which was adopted on 26 September 1924) and the “Universal Declaration of Human Rights” (which was ratified by the UN on 10 December 1948).125 It was accepted by the UN General Assembly on 20 November 1989 and specifies that every person under the age of 18 is considered to be a “child” (Article 1, UN, 1989) and is therefore party to this convention.126

The CRC consists of 54 articles that cover children’s rights in detail. One important aspect of the convention is that it not only forms the basis for children’s rights in all relevant areas, but it also stresses that all countries “being a party to the Convention cannot discriminate between children on the basis of: race, colour, nation, ethnicity, social origin-roots, property, sex, disability, birth or other status (article 2/1)”.127

This means that whenever children (refugee or not and accompanied or not) enter a country that is a signatory of this convention, they have to be

118

“Angelina Jolie Pitt on World Refugee Day 2015, in Turkey.” UNHCR Youtube. June 24, 2015, accessed July 10, 2015, https://www.youtube.com/watch?v=aJOfg79qPpQ. (minute 2:00).

119_{U.S. Department of State, Protracted Refugee Situations, accessed on October 15, 2015.}

http://www.state.gov/j/prm/policyissues/issues/protracted/.

120

‘UNHCR defines a protracted refugee situation as one in which 25,000 or more refugee from the same nationality have been in exile for five years or more in a given refugee country.’- (UNHCR. “World at War.” June 18, 2015, accessed on June19,2015. http://unhcr.org/556725e69.html. p.11.)

121

U.S. Department of State, Protracted Refugee Situations, accessed on October 15, 2015. http://www.state.gov/j/prm/policyissues/issues/protracted/.

122_{“Angelina Jolie Pitt on World Refugee Day 2015, in Turkey.” UNHCR Youtube. June 24, 2015, accessed}

July 10, 2015, https://www.youtube.com/watch?v=aJOfg79qPpQ. (minute 2:18- 2:28).

123

“Angelina Jolie Pitt on World Refugee Day 2015, in Turkey.” UNHCR Youtube. June 24, 2015, accessed July 10, 2015, https://www.youtube.com/watch?v=aJOfg79qPpQ. (minute 2:18- 2:28).

124_{“Childhood Defined.” UNICEF. 2005, accessed on December 10, 2015.}

http://www.unicef.org/sowc05/english/childhooddefined.html.

125_{Abdurrahman. Yilmaz. “The State of International Migrant Children in Turkey: The Case of Van.” MJH}

Mediterranean Journal of Humanities 4.2 (2014): 350, accessed August 3, 2015, doi: 10.13004.

126_{Yilmaz, Abdurrahman. “The State of International Migrant Children in Turkey: The Case of Van.” MJH}

Mediterranean Journal of Humanities 4.2 (2014): 350, accessed August 3, 2015, doi: 10.13004.

127

Yilmaz, Abdurrahman. “The State of International Migrant Children in Turkey: The Case of Van.” MJH