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Greece Faces Criticism Over New Bill Targeting Humanitarian Aid Workers
Table of Contents
- 1. Greece Faces Criticism Over New Bill Targeting Humanitarian Aid Workers
- 2. Bill’s Provisions and Potential Penalties
- 3. A Pattern of Targeting Aid Workers
- 4. Key Provisions Summarized
- 5. Concerns Over Freedom of Association and due Process
- 6. What are the main provisions of Greece’s new immigration bill that criminalize humanitarian aid?
- 7. Greece’s New Immigration Bill Criminalizes Humanitarian Aid Work, Threatening Civil Society
- 8. The Core Provisions: What Does the Bill Do?
- 9. Impact on Humanitarian Organizations & Civil Society
- 10. The Legal Basis & Concerns Regarding Due Process
- 11. Ancient Context: Greece and Migration Flows
- 12. Case Study: lesvos and the Impact on local Communities
- 13. What Can Be Done?
Athens, Greece – A controversial new immigration bill proposed by the Greek government is drawing sharp criticism from Human Rights Watch and other organizations, who argue it effectively criminalizes humanitarian work and obstructs aid to migrants and refugees. The legislation, unveiled recently, introduces measures that could impose severe penalties on individuals and groups assisting people attempting to enter or remain in the country.
Bill’s Provisions and Potential Penalties
The proposed law substantially alters Greece’s migration code, making membership in a non-governmental organization (NGO) an aggravating factor in several offenses. Individuals associated with NGOs could face a minimum of ten years in prison and fines exceeding €50,000 for facilitating irregular entry or exit. Transporting undocumented migrants, previously a misdemeanor, is now classified as a felony, punishable by at least ten years imprisonment and a minimum fine of €60,000 per person transported. Even assisting someone to stay in the country unlawfully could result in up to ten years in prison.
The bill also grants the Migration Minister broad discretionary powers, including the ability to remove organizations from official registries based solely on criminal prosecutions against their members. A lack of official registration would severely hinder an organization’s ability to operate legally within Greece. This move follows a 2020 framework for NGO registration that has already been subject to criticism from the Council of Europe and UN special rapporteurs due to its complexity.
A Pattern of Targeting Aid Workers
This legislative push comes on the heels of a seven-year legal battle that culminated in January with the complete acquittal of 24 aid workers. They had been charged with felonies related to their life-saving search and rescue operations. Critics argue the new bill represents a continuation of efforts to harass and intimidate those providing assistance to vulnerable populations. According to Amnesty International’s 2023 report, Greece continues to face scrutiny over its treatment of refugees and migrants, and the criminalization of solidarity is a growing concern.
Key Provisions Summarized
| Offense | Previous Penalty | Proposed Penalty (for NGO Members) |
|---|---|---|
| Facilitating Illegal Entry/Exit | Varies | Min. 10 years prison, €50,000 fine |
| Transporting Undocumented Migrants | Misdemeanor | Min. 10 years prison, €60,000 fine per person |
| Facilitating Unlawful Stay | Varies | Up to 10 years prison |
Concerns Over Freedom of Association and due Process
The proposed legislation also introduces a new registry requiring certification for all employees and volunteers of affected organizations. The Minister would have significant control over the “certification” process and its conditions. moreover, the bill allows for the revocation of residence permits for legal residents simply based on suspicion of involvement, circumventing the principle of presumption of innocence. This raises serious concerns regarding freedom of association and due process, rights guaranteed under both international and European law. In March 2023, UN special Rapporteur Mary Lawlor highlighted the concerning trend of criminal law misuse against aid workers in Greece, stating it occurred “to a shocking degree.”
Human rights advocates emphasize that the law should protect and facilitate, not penalize, humanitarian assistance. They urge Parliament to reject the contentious provisions and prioritize legislation that safeguards civic space and upholds fundamental rights. The current climate of restriction echoes similar concerns raised in Hungary and Poland, where governments have increasingly sought to limit the operations of NGOs involved in migration and human rights work.
Do you believe this bill will deter genuine humanitarian efforts, and what impact will this have on migrants and refugees seeking assistance? How can governments balance border security with the protection of human rights and the facilitation of aid work?
This is a developing story. Check back for updates.
What are the main provisions of Greece’s new immigration bill that criminalize humanitarian aid?
Greece’s New Immigration Bill Criminalizes Humanitarian Aid Work, Threatening Civil Society
greece’s recently enacted immigration bill, officially Law 5038/2023, has sparked widespread condemnation from human rights organizations and international bodies. The legislation significantly restricts the operations of NGOs and individuals providing assistance too migrants, refugees, and asylum seekers, effectively criminalizing much of what constitutes humanitarian aid. This poses a severe threat to civil society and the already vulnerable populations relying on their support.
The Core Provisions: What Does the Bill Do?
The new law introduces a complex and burdensome registration process for NGOs involved in migrant assistance. Key provisions include:
* Mandatory Registration: Organizations must register with a newly established national registry,providing detailed facts about their funding,activities,and personnel.Failure to register,or providing inaccurate information,carries hefty fines and potential operational bans.
* Restricted Activities: The bill outlines a narrow definition of permissible “humanitarian assistance,” excluding activities like legal support for asylum applications, independent monitoring of border procedures, and public advocacy on migration issues.
* Increased Surveillance: Authorities are granted expanded powers to monitor NGO activities, including access to internal documents and communications.
* Criminalization of Assistance: Providing assistance deemed to “facilitate irregular entry” – a broadly defined term – can now be prosecuted as a criminal offense, even if the intent is purely humanitarian. This includes offering food, shelter, or transportation.
* Limitations on Search and Rescue: The law places significant restrictions on maritime search and rescue operations conducted by NGOs in the Aegean Sea, a critical route for migrants attempting to reach Europe.
Impact on Humanitarian Organizations & Civil Society
The implications of this legislation are far-reaching. Numerous organizations, including Doctors Without Borders (Médecins Sans Frontières), the Norwegian Refugee Council, and the Hellenic Rescue Team, have already announced suspensions or reductions in their operations in Greece.
* Reduced Capacity: The bureaucratic hurdles and threat of criminal prosecution are forcing many organizations to scale back or cease their vital work, leaving a critical gap in services for migrants and refugees.
* Chilling Effect: The law creates a climate of fear and self-censorship, discouraging organizations from engaging in essential advocacy and monitoring activities.
* Erosion of Accountability: By limiting independent oversight, the bill reduces clarity and accountability regarding the treatment of migrants and asylum seekers by Greek authorities.
* Increased Vulnerability: The most vulnerable individuals – those stranded in precarious conditions, facing violence, or lacking access to basic necessities – will be disproportionately affected by the reduced availability of humanitarian assistance.
The Legal Basis & Concerns Regarding Due Process
Critics argue that the law violates fundamental principles of international human rights law,including the right to seek and receive humanitarian assistance. Concerns have been raised about:
* Vagueness and Overbreadth: The broad definitions used in the bill, such as “facilitating irregular entry,” are open to interpretation and could be used to criminalize legitimate humanitarian activities.
* Disproportionate Penalties: The severity of the penalties – including imprisonment – is considered disproportionate to the alleged offenses.
* Lack of Due Process: The registration process lacks transparency and provides limited opportunities for appeal.
* Conflict with International law: The law appears to contravene obligations under international conventions relating to refugees and human rights.
Ancient Context: Greece and Migration Flows
Greece has been a major entry point for migrants and refugees seeking to reach europe, notably since the 2015 migration crisis. The contry has faced significant challenges in managing these flows,and its response has been criticized by human rights organizations for its restrictive policies and harsh treatment of migrants.
* The 2015 Crisis: The influx of over a million migrants and refugees in 2015 overwhelmed Greece’s reception capacity and led to overcrowded camps and inadequate living conditions.
* EU-Turkey Deal (2016): The EU-Turkey deal aimed to reduce migration flows to Europe by preventing migrants from crossing the Aegean sea.This resulted in increased border controls and a buildup of migrants on the Greek islands.
* Increased Border Security: In recent years, Greece has significantly increased its border security measures, including the construction of a border wall along the land border with Turkey and increased patrols in the Aegean Sea.
Case Study: lesvos and the Impact on local Communities
The island of Lesvos, located close to the Turkish coast, has been at the epicenter of the migration crisis.Local communities and NGOs have played a crucial role in providing assistance to migrants arriving on the island. The new law is having a particularly devastating impact on Lesvos:
* Closure of Key Services: several NGOs providing essential services, such as medical care, legal assistance, and psychosocial support, have been forced to suspend their operations.
* Increased Strain on Local Resources: The reduced availability of NGO assistance is placing an increased strain on already limited local resources.
* Growing Tensions: The situation is exacerbating tensions between local communities and migrants, fueled by misinformation and anti-immigrant sentiment.
What Can Be Done?
Addressing this crisis requires a multi-faceted approach:
* International Pressure: Increased pressure from international organizations and governments on Greece to repeal or amend the law.
* Advocacy and Awareness: Raising awareness about the impact of the law and advocating for the rights
