Asylum seekers andrefugees who came to Turkey from countries outside Europe are excluded from social insurance coverage which forms the most important part of social security system. Foreigners transiting to a third country whose asylum application was accepted by Turkey does not practically have the possibility to work. Asylum seekers who do not work legally and thus pay social insurance premiums remain excluded from social insurance coverage.
Following the review of Turkish legislation, it is understood that, on the contrary to the current application, non Europeanasylum seeker and refugees are located within groups benefiting from social aids and social services of social security system. Social aid and social services are services and assurances provided to individuals or groups who remain unemployed by any reasons (sickness, accident, natural disasters, etc.), who suffer from poverty or deprivation, who require protection and care and who are accepted to be disadvantaged by the public.
The legal and fundamental basis for social help procurement in Turkey is “Law for Promotion of Social Welfare and Solidarity” (SYDT Law) numbered 3294 and dated 1986. Social aids collected by roles and liabilities declared by this law are distributed via Social Welfare and Solidarity Associations (SYD Associations). If SYDT law is thoroughly examined it is comprehended that the law includes all asylum seekers and refugees in Turkey. The objective of the law is given below:
“The objective of the law is to help citizens and people accepted or arrived to Turkey under any conditions who are in severe poverty or deprivation, to ensure the fair distribution of income by taking necessary measures and to promote social welfare and solidarity.”
As it can be clearly understood from the objective of the law, all individuals notwithstanding the means of entrance to Turkey shall benefit from rights declared by the law. It is stated in the scope section of the law that beneficiaries of the law shall not receive monthly wages or income from any social security organization.Asylum seekers and refugees do not actively engage in working since they do not have work permits thus benefit from social security organizations. Theoretically law includes asylum seekers and refugees within its scope. Asylum seekers and refugees face serious problems in receiving social aid. Personnel of SYD associations are not very competent on the subject and this causes problems in practice. It is known that there were officials who stated that asylum seeker and refugees shall not benefit from procured services since they are not citizens. The reasons hindering these people to benefit from social aids in the most proper manner are Asylum seekers’ and refugees’ lack of proper information on services to be provided, incompetence of personnel of SYD associations, inadequate counseling services, language problem, discrimination arising from socio-cultural differences.
Assurances in health are one of the most important assurances provided by social security system. People registered to social security organizations benefit from health facilities in remuneration of premium payments. Doasylum seekers and refugees benefit from health facilities?
Social Welfare and Solidarity Promotion Fund (SYDTF) was established to implement services declared by SYDT law in presence of Central Bank of The Republic of Turkey. Under SYDTF “Principles on Health Support Program Enforcement” dated 31.01.2005 and numbered 2005/1; it is stated that expenses for treatment of asylum seekers and refugees in Turkey will be compensated by the agency of SYD associations. In this way, foreigners who arrived or are accepted to Turkey are included in the context. It is declared in the principles that asylum seekers or refugees may apply to SYD associations by the copy of the 1stand 2ndpage of their residence permit or copy of their passport if they do not have residence permit. Other documents given by SYD associations and health organizations are also demanded.
When the scope of asylum seekers and refugees are examined under Principles on Health Support Program Enforcement; it is observed that most of the health expenses of these people may be compensated. The expressions given below are included in the “Scope of Application”:
“…includes inpatient treatment expenses of foreign nationals who do not have Turkish nationality in state or SSK hospitals, their inpatient treatment expenses in University hospitals if referred by a state or SSK hospital, their inpatient and outpatient treatment expenses on chronic diseases and their outpatient treatment and medication and medical equipment expenses such as dialysis, chemotherapy, radiotherapy and etc. people suffering from kidney failures, cancer, diabetes, tuberculosis and AIDS.”
As understood from the Scope of Application for asylum seekers and refugees who arrived or are accepted to Turkey related to Principles on Health Support Program Enforcement, inpatient and outpatient treatment expenses, expenses related to chronic diseases of asylum seekers and refugees may be compensated.
Problems are also encountered in applications in the area of health.Asylum seekers and refugees face difficulties resulting from language problems. This problems result in troubles in diagnosis and treatment of diseases of asylum seekers and refugees. Transportation to health organizations is another problem resulting from economical difficulties. It is observed that there are serious problems related to the compensation of health and medication expenses. Shortly, in light of the experience gained in the field it might be fair to say that asylum seekers and refugees face many different problems related to social welfare and health although there are no relevant legal limitations.
Social security ranges in a large area. It is necessary that social services -which should be provided to people who do not benefit from social security organizations and who are in need of help and care- and social aids are included in the scope of social security. Asylum seekers and refugees are people who escaped from oppression and atrocity of their country, who faced various problems in their country and who are unlikely to return to their country of origin. This group of people who are day-to-day faced with language problems, lack of social support systems, psycho-social problems, problems related to access to health and education facilities, problems with official authorities and adjustment issues are in need of social services.
The largest institution in procurement of social services in Turkey is Social Services Child Protection Agency (SHCEK). Although some works in the area of asylum seeker and refugee children were carried on by SHCEK, it does not play a part in the fact of asylum seeker. SHCEK provides protection and care services for unaccompanied children. Unaccompanied children under the age of 12 are located in SHCEK kindergartens and children between the ages of 12-18 are located in orphanages by the approval of the security directorate.
Although there are no opposing articles are included in the law numbered 2228 which constitutes the basis of SHCEK services and which is highly debated recently by reasons of amendments and that the law principally foresees the assurance of distribution of social services equally without discrimination; SHCEK do not actively play a part in area of refugees. SHCEK authorities talk warily on the subject of asylum seekers and refugees and enunciate that the suffer from lack of capacity and personnel.
Currently, numerous NGOs and international organizations provide social services for asylum seekers and refugees. However, the services provided are detached, uninformed and disconnected so the requirements of the target group are not thoroughly met.
There are implications that during EU membership process Turkey will tend to implement policies to ensure more efficient and effective procurement of social services to the target group. (see: National Action Plan on People Who Seek Asylum in Turkey - UEP). UEP published by the Ministry of Internal Affairs, new regulations on areas of asylum seeker and refugees are implied. Establishment of acceptance centers and accommodations for asylum seekers and refugees, granting full-time work permits to people who are granted refugee status and half time work permits for asylum seekers are topics indicated within these regulations. The conditions and extent of social security procurement to asylum seekers and refugees are included in the UEP although a clear definition is amiss.
