A lot of refugees that arrived in the 2000s were granted international protection as beneficiaries of subsidiary protection, or were granted with a residence permit on humanitarian ground, even though this situation did not bring them stability.

Subsidiary protection is granted to a person who does not qualify as a refugee, but in respect of whom substantial grounds exist for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm[1]. The duration of this protection status is 3 years, and beneficiaries may renew their residence permits regularly[2].

A residence permit on humanitarian grounds is granted to an applicant who has had his application for asylum rejected, taking into account the impossibility of removal or return of the applicant to his/her country of origin or usual residence due to force majeure (serious health reasons of the applicant or of members of his family, civil war, mass violations of human rights). The applicant who is granted leave to remain on humanitarian grounds is provided with a special residence permit, valid for 2 years[3]. The rights of persons granted leave to remain on humanitarian grounds are the same to those of beneficiaries of subsidiary protection[4].

Under these two protections, beneficiaries are not allowed by the law to reunite with their families that remained in the country of origin or other countries. The exclusion of these people from family reunification is a strong issue. They have been living in Greece for years without being able to reunite with their relatives. Most of these persons cannot return to their home country for safety reasons and as a consequence haven’t seen their wives, husbands and children for years, in breach of their right to private life and family life[5].

In addition, there is more instability caused by uncertainty regarding the renewal of their residence permit. In the last years, most beneficiaries have seen their statuses not renewed, and are waiting months, if not years, for their appeal to be examined. Despite many efforts and attempts to reach the authorities, it seems impossible for these persons to be informed on their pending appeal on the renewal of permit residence.

By law, the rights of protection’ beneficiaries continue even after the expiry of the relevant permit, if the holder has applied for its renewal and until a decision for this application is taken[6]. However, the reality of everyday life is very different.

Many persons complain of landlords who are reluctant to rent a home when the persons possess only a paper documenting that they are waiting for their residence permit to be renewed. This paper seems to be not enough of a guarantee; as a consequence, finding a shelter becomes impossible.

The same situation occurs with employers; even if they wish to hire one of these persons, the paper is not enough to prove that the person will be allowed to stay in Greece. Access to work remains rare, if not impossible.

The delays in examination of the application and renewal of status do not allow these persons to live a stable life. They remain uncertain of their right to stay in Greece and of their future at every necessary renewal, while they have built their life here for years.

[1] PD 141/2013, Article 2(g)
[2] PD 141/2013, Article 24(2)
[3] PD 114/2010, Article 28(4)
[4] PD 114/2010, Article 28(6)
[5] European Convention of Human Rights, Article 8.
[6] PD 114/2010, Article 28(6)

A significant number of Sudanese nationals have been able to gain recognition as refugees in Greece. However, the difficulties facing these people as they look to continue their lives do not stop after they pass through the long and complex process of becoming recognized refugees. How to live normal lives when one does not know, or have access to information concerning ones legal rights to do so?

The refugee status’ beneficiaries are entitled to numerous rights that aim to help integrate them, and allow them to continue a life within the country that is protecting them. However, being entitled to rights has very little meaning when their beneficiaries are not aware of these rights. The Sudanese community regrets that the Greek State does not provide clear and accessible information on the rights that the refugees’ status confers. Even when the State provides information concerning the rights and possibilities of persons recognized as refugees, the information does not reach the refugees themselves.

This lack of information is a serious problem for persons recognized as refugees, and results directly in two negative consequences. First, without knowledge of their rights, refugees cannot resort to the procedure allowing them to exercise those rights. Secondly, even when they do wish to exercise their rights, lack of information to procedures prevents them from contacting the relevant services necessary to start these procedures.

We have been informed that some Sudanese refugees are willing to continue their studies, which were interrupted when they were forced to flee Sudan. While refugees are allowed to study in the Public Universities of Greece[1] if they have a graduation certificate and a certificate denoting their knowledge of the Greek language, lack of information pressed member of the Sudanese community not to do so.

Likewise, lack of access to information increases the risk of exploitation that refugees are exposed to. Without the knowledge that they have the right to work under the same conditions as Greek citizens, refugees often enter into precarious employment contracts. This entails being paid black money without access to insurance benifits, under contracts that frequently do not respect the labor laws concerning the hours limits or the minimum wage. Consequently, refugees find themselves in exploitive situations despite their rights to work under the same condition as Greek[2] citizens.

Access to employment and education are only two examples of the rights’ of refugees. The status entitles its beneficiaries to receive social allowance under special criteria, to access to the health system as well as to participate in family reunification programs and citizenship. These rights and procedure should be clearly detailed to every refugee card holder in order to facilitate access to these services and to ensure real self-empowerment of refugees. Access to information offers them sustainable opportunities to build new and stable lives, and supports their integration into Greek society.

Despite the lack of information, Sudanese refugees are actively trying to understand and pursue their rights and possibilities.  The Sudanese community plays a strong role in providing information and answering the questions they can, unfortunately a professionals with in-depth knowledge of the law are needed to properly inform on the rights and the procedures. While the Sudanese community is filling the gap of the state responsibility, the official information concerning the rights for people that received this status should be undertaken by the authorities.

Informing on rights is the first step to empower refugees; this information will help them to optimize the use of their rights in order to gain independence and, as a consequence further integrate into the Greek society. Without information, refugees are left   to fend for themselves. Unsupported by the state they are often left to live in precarious condition without any foreseeable solution. Left wondering what does international protection mean if it does not offer the possibility of living a peaceful and normal life?

[1]Hellenic Republic Ministry of Culture, Education and Religious affairs. GENERAL INSTRUCTIONS FOR THE ADMISSION TO HIGHER EDUCATION IN GREECE OF THE FOLLOWING CATEGORIES: GRADUATES OF FOREIGN ORIGIN OF NON-E.U. LYCEUM, 2015.

[2]Article 27, PD 141/2013 Adaptation of Greek legislation to the provisions of Directive 2011/95 / EU on the requirements for the qualification and status of foreigners or stateless persons as beneficiaries of international protection.

Most of the refugees present in Greece from end 2015 applied for international protection through the new services of asylum, at Katechaki office, Athens (Regional Asylum office of Attica).

Many however, have been waiting for more than 6 months since their first interview without receiving any further information of when they will receive a decision on their application. During the procedure they are provided with an asylum seeker card that theoretically entitles them to basic rights.

Firstly, as soon as they receive this card, asylum seekers are entitled to be accommodated by the competent authorities[1], in case they do not have sufficient mean to maintain an adequate standard of living[2]. After an examination by the competent authorities, the persons assessed without sufficient means is registered at the National Center of Social Solidarity (EKKA), the institution in charge of assigning the applicants to accommodation facilities.

The accommodations for asylum seekers are exclusively run by Non-Governmental Organizations, two types exist: apartments and open reception centers. In 2015, only 1400 places were available in Greece[3]. The waiting time to get accommodation is incredibly long as the actual need exceed the capacity of the open reception centers that are working. Because receiving accommodation became almost impossible for asylum seekers, many are left to stay in the streets or in unacceptable and impoverished conditions.

The only option for these people to escape their precarious situation, with limited access to accommodation or other social services, is indeed to work and to sustain their own needs. The asylum seekers card offers the possibility to their holders to apply for a permit to be able to work in Greece[4]within the duration of the application, the permit expires 30 days after the card expires. However, in order to receive a work permit, the Manpower Employment Organization (OAED) must verify the specific area or profession sought after; only if no interest of work is expressed by Greek citizens, EU citizens or recognized refugee[5], will the asylum seeker receive permission to work temporarily.  This means that if an interest is expressed by the mentioned categories, the work permit will not be delivered to asylum seekers as they hold the lowest priority.

This legal priority combined with the actual economic situation of the country make it almost impossible for asylum seekers to receive work permits. This has harmful and serious consequences for the asylum seekers who are often economically forced to resort to illegal employment, were they are often exposed to exploitation (For further information, consult the publication No choice to make choice), or left without any possibility to support their own needs.

[1] 12(1) Presidential Decree 220/2007
[2] Article 12(3) Presidential Decree 220/2007
[3] UNHCR information on November 2015
[4] Article 10(1) Presidential Decree 220/2007
[5] Article 4(1)(c) Presidential Decree 189/1998
 

Refugees’ priority is to work in order to provide for their needs and have decent living conditions. The economic crisis in Greece has imposed a deep austerity, making it very difficult for Greek citizens to access the labor market; this situation has deeply impacted the lives of the most vulnerable and excluded people in the Greek society. Thus, many refugees are living in precarious situation.

During a meeting with a representative of Umbrella, an organization supporting refugees and asylum seekers regardless of their nationalities, the discussion focused on the access to the labor market for recognized refugees. Although holding a refugee card that allows to people to work under the same framework as Greek Nationals[1], the economic context and exclusionary practices push refugees from the labor market mainly because of their origin. Many refugees are rarely contacted back by the employers for interviews when sending CV, or replying to job offers.

In this situation refugees are often obliged to accept any kind of job regardless its condition, without having the opportunity to make their own choices. Aware of this situation, many employers are taking advantage of the vulnerability and precarious situation of refugees to offer them undeclared work. Despite holding qualifications and university degrees, refugees are compelled to accept these undeclared jobs in order to gain money and survive.

Some African refugee women work as domestic workers without legal contract. The absence and ineffectiveness of controls by the Workplace Inspection encourage people not to declare their employees.

This practice prevents the employees from accessing the social security system, as well as benefiting from of the minimum remuneration applicable, and of the working-time regulation they are entitled to. The undeclared employment might push people into exploitation, working an excessive amount of hours/ days within the week for a salary far below the minimum authorized. The violation of the legal framework leaves the employers free to manipulate and altogether change the tasks and responsibilities of their employees from their original oral agreements, because no document can testify for it.

Facing this exploitation, refugees are aware of the difficulty of proving their situation or pursuing legal action against their employers. Firstly, most of them have lost confidence in the Civil Society Organizations and would prefer not to denounce the situation. Moreover depending on their salary and their dependence on the money to survive, many refugees will endure these situation rather than risk losing their jobs.

Despite being recognized and protected as refugees by the Greek authorities, the absence of integration plan by the state results in a very small percentage of refugees employed legally in Greece. Refugees are driven to support themselves and their families by accepting the few jobs offered to them, often taking place outside of a legal framework, exposing them to non regular work conditions which they maintaining in silent vulnerable situations.

[1] PD 141/2013, Article 27 in accordance with provision of the PD 189/1998 (A 140)