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title: The E.U.&#x27;s Immoral Deal on Refugees and Migrants
description: An E.U. agreement with Turkey to send back refugees is against international law
canonical: https://time.com/4257808/european-union-deal-migrants-refugees/
author: Charlotte McDonald-Gibson
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article:published_time: 2016-03-14T19:09:01.000Z
article:modified_time: 2026-08-04T07:56:04.155Z
article:section: Ideas
og:title: The E.U.&#x27;s Immoral Deal on Refugees and Migrants
og:description: An E.U. agreement with Turkey to send back refugees is against international law
og:url: https://time.com/4257808/european-union-deal-migrants-refugees/
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og:image:alt: King Willem-Alexander Of The Netherlands And Queen Maxima On Official Two Days State Visit In Paris : Day Two
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twitter:title: The E.U.&#x27;s Immoral Deal on Refugees and Migrants
twitter:description: An E.U. agreement with Turkey to send back refugees is against international law
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![](https://static.time.com/v3/assets/bltea6093859af6183b/blt628def1918249658/69888ad82dce017aeb9e82cc/syrian-girl-refugee-eu-mirgants-greece.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9)


# The E.U.'s Deal on Migrants Is Immoral and Illegal

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## Video: A Desperate Crossing

[Watch (HLS stream): A Desperate Crossing](https://cdn.jwplayer.com/manifests/Chck0kIJ.m3u8) (3:24)

![A Desperate Crossing](https://cdn.jwplayer.com/v2/media/Chck0kIJ/poster.jpg?width=720)

_Published 2015-09-09. TIME gets exclusive access to the Greek coast guard as they search for, and rescue migrants_


by 

[Charlotte McDonald-Gibson](https://time.com/author/charlotte-mcdonald-gibson/)


## Charlotte McDonald-Gibson


Mar 14, 2016 7:09 PM UTC

![A Syrian girl looks on during sunrise after arriving on an inflatable boat with other refugees, crossing the sea from Turkey to Lesbos, some 5 kilometres south of the capital of the Island, Mytelene on March 9, 2016. Turkey has announced today to take ba](https://static.time.com/v3/assets/bltea6093859af6183b/blt628def1918249658/69888ad82dce017aeb9e82cc/syrian-girl-refugee-eu-mirgants-greece.jpg?branch=production&width=1200&quality=75&auto=webp&crop=3:2)

A Syrian girl looks on during sunrise after arriving on an inflatable boat with other refugees, crossing the sea from Turkey to Lesbos, some 5 kilometres south of the capital of the Island, Mytelene on March 9, 2016\. Turkey has announced today to take back illegal migrants from Syria and to exchange those with legal migrants.

A Syrian girl looks on during sunrise after arriving on an inflatable boat with other refugees, crossing the sea from Turkey to Lesbos, some 5 kilometres south of the capital of the Island, Mytelene on March 9, 2016\. Turkey has announced today to take back illegal migrants from Syria and to exchange those with legal migrants. Alexander Koerner—Getty Images

by 

[Charlotte McDonald-Gibson](https://time.com/author/charlotte-mcdonald-gibson/)


## Charlotte McDonald-Gibson


Mar 14, 2016 7:09 PM UTC

In 2011, as the Arab Spring swept from Tunisia to Libya and disgorged its first wave of refugees, then-Italian Prime Minister Silvio Berlusconi looked at the tens of thousands of Tunisians arriving on his country’s shores in decrepit boats—and decided to send them home. By the time the European Court of Human Rights ruled in 2015 that Italy’s policy contravened the bloc’s laws, Berlusconi was out of office and it wasn’t his government paying the fine.

This could well be the template for the European Union’s 28 nations as they pursue a deal with Turkey to deal with the more than one million refugees and migrants who arrived in 2015, and governments scramble to prevent a repeat of last year’s chaotic scenes along borders from Greece to Germany. On March 7 European leaders reached a tentative deal with Ankara to send every person who arrives in Greece without the correct paperwork back to Turkey. For every Syrian returned, another Syrian living in Turkey would then be resettled in an E.U. country.

**Read More:** [**The Syrian Refugees Trapped Between an Angry Turkey and a Vengeful Assad**](http://time.com/4229812/syrian-refugees-turkey-border/)

The exact details of the deal are due to be formalized at a summit on March 17 and 18, but the agreement appears not only to be illegal, but morally unsound and most likely ineffective.

As it stands, the returns would contravene a number of European and international laws, including the European Convention on Human Rights, which states that a country must investigate each individual asylum case, and the 1951 UN Refugee Convention stating that no person be returned to a country where their life or freedom could be threatened. While Turkey has admirably hosted 2.7 million Syrians, human rights groups have [documented](http://time.com/4229812/syrian-refugees-turkey-border/) increasing incidents of abuse and cases of Syrians being forced back to their homeland, where sporadic violence continues despite a recent truce.


E.U. officials are working on the legalities, and given the slow workings of the European Court of Human Rights and the fact that there is no real mechanism for upholding the 1951 Convention, they might choose to deal with any consequences later. But the agreement is also hobbled by logistical difficulties. Two thousand people are arriving in the Greek islands every day. Will these people, who have already come so far and risked so much, passively board boats and planes back to Turkey? And Syrians account for just half of the people arriving in the E.U. What will Turkey do with the Iraqis, Afghans, Eritreans and others eligible for asylum—process their claims or force them home?


History has shown that punitive policies do not deter people who genuinely fear for their lives. Berlusconi’s return of the Tunisians did not stop others taking the same route when war gripped Libya. Since 2011, the E.U. has built razor-wire fences on its borders, scaled back search-and-rescue operations at sea and toughened asylum laws. But the numbers trying to reach its shores keep on climbing.

Despite the rhetoric about deterring economic migrants, 88% of the people arriving are from the top asylum producing nations, and they come because they have no other choice. And when one route is closed, people simply find another, often more dangerous, passage to sanctuary. Human rights groups also worry about the morality of a one-for-one swap. Under the logic of the deal, one person has to risk their life in the Aegean Sea for another to be brought to the E.U. safely.

But there are other elements of the deal which could work if implemented fairly and accountably. Many refugees would stay in Turkey, Lebanon or Jordan—closer to home and in a familiar religion and culture—if they could find work to support themselves and schools for their children. If money channeled by the E.U. to Syria’s neighbors is spent on education for refugees and used as an incentive for states to legalize employment for them, more families would stay. Those with no legitimate claim for asylum in the E.U should be sent home swiftly once their application is dealt with according to the law.


And a legal route for genuine political refugees to apply for resettlement in the E.U from outside its borders is crucial. A family will only put their children in a flimsy raft and risk drowning when no other avenue of hope remains. Giving them that hope will save lives—at that priority should be at the heart of the European Union’s policies in the challenging year ahead.

_Charlotte McDonald-Gibson is the author of Cast Away: Stories of Survival from Europe’s Refugee Crisis, to be published in the UK on May 5th._

**Read More:** [**Hundreds of Migrants Cross Greek Border Despite Law**](http://time.com/4257695/migrants-cross-greece-border-closed/?xid=homepage)


## Transcript

[ INAUDIBLE ] Before this summer, the life of a Greek coast guard wasn't all that exciting. Nights were spent patrolling up and down the Greek maritime border with Turkey, looking for poachers and smugglers. But then as the weather improved this spring, the migrant boats started coming across. Each one with about 40 people Most of them trying to flee the war in Syria. [ FOREIGN ] By the end of August, the Coast Guards were catching up to ten of these boats on a single night's patrol. It's a dangerous crossing, and nearly 3, 000 people have drowned this year while trying to reach Greece on these rickety boats.

[ MUSIC ] So these days the Coast Guard's mission is not to turn the migrants away, but to rescue them. For that they have to earn their trust. [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] Human traffickers who load these boats tell migrants not to stop until they reach a Greek island. So most boats try to plow ahead, even as the Coast Guard approaches. You do not know what you're doing. [ MUSIC ] One night in early September, when Tyme went on a night patrol with the Coast Guards, a migrant boat even rammed into the side of their ship while trying to escape. [ CROSSTALK ] Okay, okay. That maneuver could easily have sunk the boat and its driver got slapped around for it once the coast guards pulled him safely onboard along with his fellow migrants.

[ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ FOREIGN ] [ MUSIC ] From there, migrants are brought to the naval base on the Island of Farmakonisi. By that point, their relief sets in. They've reached European shores. [ FOREIGN ] [ MUSIC ] And after a cigarette break, the Coast Guards then set out to catch the next boat. It is a seemingly endless routine. [ FOREIGN ] [ MUSIC ] For every boat they rescue this way, many others slip past and reach a Greek island. Then all the Coast Guards can do is watch the migrants scramble onto the beaches, and make sure there are no armed traffickers trying to escape the scene.

[ BLANK_AUDIO ] By morning, the migrants are brought to the island of Leros, where they are registered by the police. [ BLANK_AUDIO ] [ MUSIC ] They will eventually travel farther North and join the tide of asylum seekers now making the way to Western Europe. [ MUSIC ]

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