Over the past decade, Türkiye has tightened some of its policies concerning Syrian refugees. Among the most significant policies is the restriction on freedom of movement, which reflects Türkiye’s legal framework regarding refugee protection. Although Türkiye ratified the 1951 Refugee Convention and its 1967 Protocol, it did so with a geographical limitation, recognizing only refugees from Europe. Consequently, the millions of Syrians who have sought refuge in Türkiye since the start of the Syrian war in 2011 are categorized as conditional refugees under “temporary protection” in accordance with Türkiye’s domestic Law on Foreigners and International Protection (LFIP) enacted in 2013, and Temporary Protection Regulation in 2014. This legal status grants them access to basic services such as education and healthcare but restricts their freedom of movement, and employment opportunities, and offers no path to permanent legal residency.
In 2019, Türkiye imposed movement restrictions on Syrian refugees, requiring them to obtain travel permits from local authorities to move between provinces. This policy aimed to enforce provincial registration and prevent unregistered refugees from residing in major cities like Istanbul without proper documentation. As a result of these regulations, many Syrian refugees lost access to healthcare, education, and employment, because they had already established their lives in provinces other than their registered ones.
These restrictions appear to violate Article 26 of the Refugee Convention and Article 12 of the International Covenant on Civil and Political Rights (ICCPR), which protects the right to freedom of movement within the host territory. By limiting movement between provinces and restricting access to essential services, Türkiye exacerbated Syrian refugees’ vulnerability. The World Health Organization (WHO) collaborated with UNHCR to develop a joint work plan stating that any restrictions on movement should be implemented in a non-discriminatory manner, considering the vulnerabilities of migrant populations. The restriction of movement also leads to the criminalization of Syrian refugees for living or working in unregistered provinces, engendering
detentions and even deportations, which violate the non-refoulment principle.
Furthermore, these restrictions hinder the ability to seek employment for refugees, who are registered in smaller provinces. Since refugees have more employment opportunities in bigger cities, the restrictions prevent Syrians from sustaining economic stability and aggravate their overall conditions.
The gender-specific impacts of these movement restrictions are particularly concerning. The movement restrictions disproportionately affect Syrian women, who are often left behind in registered provinces while men move illegally to larger cities for work. This gender-specific impact raises concerns, as restricting women’s freedom of movement and access to employment perpetuates gender-based inequality, making it difficult for women to escape abusive situations or find work in safer environments.
During the humanitarian crisis caused by the February 6, 2023 earthquake, the Turkish government alleviated its restrictive policies to a certain degree. The circular issued on February 7 instructed local authorities to permit all refugees registered with the Turkish migration authorities in the ten affected provinces to travel without a permit to other provinces, excluding Istanbul, and to remain outside their registered provinces for up to 90 days. Although this decision brought relief, it undermined Syrian refugees’ long-term well-being. The UN Human Rights Office (OHCHR) emphasizes the vitality of concentrating on the rights of people in times of crisis without discrimination and 90 days appears to be a short period when the level of catastrophe is considered.
The legal framework that governs Syrian refugees in Türkiye highlights a broader tension between the domestic legal framework regarding refugees and international principles of refugee protection. By imposing restrictions on freedom of movement, Türkiye’s policies diverge from international refugee protection standards. To protect the rights of Syrian refugees, the UN’s initiative in 2018, the Global Compact on Refugees, urges states to adopt policies that enhance refugees’ access to rights, conforming to the International Refugee Convention. While Türkiye can reconsider its refugee categorization system, international organizations can also devise new mechanisms to assist in managing the refugee burden, which exceeds Türkiye’s infrastructural capacity. Without these reforms, the current system will continue to leave Syrian refugees in a state of legal liminality, perpetuating their vulnerable conditions.