The governance of international migration in Turkey and Morocco: Irregular migrants access to right to stay Üstübici, A.E.

Transcription

1 UvA-DARE (Digital Academic Repository) The governance of international migration in Turkey and Morocco: Irregular migrants access to right to stay Üstübici, A.E. Link to publication Citation for published version (APA): Üstübici Önay, A. E. (2015). The governance of international migration in Turkey and Morocco: Irregular migrants access to right to stay General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam ( Download date: 29 Dec 2018

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3 The Governance of International Migration in Turkey and Morocco: Irregular Migrants Access to Right to Stay Ayşen Üstübici

4 This research was financially supported by Koç University, the Bucerius Ph.D. Scholarship Program Settling into Motion, the Center for Gender Studies at Koç University (KOÇKAM) and The Scientific and Technological Research Council of Turkey (TÜBİTAK). Copyright 2015 by Ayşen Üstübici Cover photography: Ayşen Üstübici Printed in Istanbul All rights reserved. This book or parts thereof may not be reproduced in any form without the prior written permission of the author.

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7 Promotiecommissie: Promotors: -prof. dr. J.C. Rath -prof. dr. A. Içduygu Universiteit van Amsterdam Koç University Overige leden: - prof. dr. H.W. van Schendel Universiteit van Amsterdam - dr. S. Chauvin Universiteit van Amsterdam - prof. dr. H. de Haas Universiteit Maastricht - prof. dr. E.M.H. Hirsch Ballin Universiteit van Amsterdam - prof. dr. M. Eder Boğaziçi University Faculteit der Maatschappij en Gedragswetenschappen

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9 Acknowledgments This book is the product of the joint-supervision that I received at Koç University and the University of Amsterdam. I would like to thank all of the academic and administrative staff at both institutions for providing me with intellectual homes during the fieldwork and writing stages. I would like to thank Koç University, the Bucerius Ph.D. Scholarship Program Settling into Motion, the Center for Gender Studies at Koç University (KOÇKAM) and The Scientific and Technological Research Council of Turkey (TÜBİTAK) for their financial support at different stages of my doctoral research. Without them, my life as a Ph.D candidate would have been much tougher. It may be a cliché, but the book has indeed been a product of a long physical, intellectual and mental journey that I have taken alongside several wonderful people to whom thanks are due. However, I can only mention a few of them in this short piece. I would first like to thank my supervisors, Prof. Ahmet İçduygu from Koç University and Prof. Jan Rath from the University of Amsterdam. Ahmet İçduygu s guidance has helped to deepen my academic knowledge on the subject, methodological skills. He also has introduced me to a wide network of inspiring migration scholars around the world. Jan Rath has wholeheartedly welcomed me at UvA, providing me with a very stimulating setting with other researchers where I had the chance to discuss very nascent versions of my work and receive valuable feedback. I thank them both for giving me the necessary encouragement to pursue a rather ambitious empirical project, enabling me to keep my work on the track, especially at times when I felt most lost in the data or distracted. Additionally, Sebastien Chauvin, Özlem Altan, Deniz Yükseker and Mine Eder were always ready to read the earlier drafts of my chapters and discuss my ideas, even when I was far from putting them into academic language. Their input helped to sharpen my ideas into specific arguments but also deeply influenced my broader thinking. I really hope to continue our intellectual dialogues. I particularly thank Sebastien Chauvin and Mine Eder for taking part in my doctoral examination committee at UvA. Conducting fieldwork in two different countries would not be possible without the valuable help of precious people. In Morocco: Apostolos, Babacar, Fatima, Moussa, Cewad, Najat, among others, immensely helped me to navigate my way in a land where I considered myself an outsider. Without the help of Deniz Sert, Biriz, Uğur and Fattah, the fieldwork in Turkey would have been much more challenging. I am indebted to colleagues in the Settling into Motion programme, in Morocco, at the International Migration Institute, at Koc University, at UvA with whom I had the chance to discuss different bits of my research in various formal and informal settings. I am grateful to all colleagues and friends who made me feel at home and at

10 ease along the way. I particularly would like to express my gratitude to Biriz, Birce, Büke, Damla, Deniz (Sert), Deniz (Karcı), Gitta, Gülru, Meriç and Uğur for their emotional and intellectual support. I also thank Camila, Anto and Melissa for their friendship during my short, yet intense visiting fellowship at the University of Oxford. I am also thankful to Oil, Sita, Retna, Swasti, Efe, Prio, Hasan, Filippo, Nataliya, Svetlana, Myra, Rens, Davide, Thijs and Bert among others for sharing their workplace with me while I was intensely writing, and most importantly for being part of my support network in Amsterdam, without even realizing how valuable their presence was for me. At the same time, it has been such a relief to have a home to return to with precious old friends and beloved family, at the end of every venture. My parents Nafiye and Ahmet, my brother Alican, my aunt Kadriye, and Güzin were always there for me with their unconditional love and support. Gökçen patiently listened to me during moments of frustration. Işık, my dearest, has been my home for many years. He has been supportive, comforting and engaged throughout every bit of this physical and intellectual journey. Last but not least, my deepest gratitude is to participants of my study who gave me their valuable time and trusted me with their professional and personal experiences. Without their contribution, this book would be too dry or would not exist at all. Along with my parents, I dedicate this book to all migrants for whom the journey and the home are mostly intertwined, as they are seeking better opportunities in life.

11 Table of Contents Abbreviations... 3 Chapter 1: Introduction Researching migrant illegality beyond EU borders Research questions Terminology and situating questions in the literature Structure of the thesis Chapter 2: The production of migrant illegality and migrant incorporation in comparison Conceptual Framework Legal Production of Migrant (Il)legality Migrant illegality in practice and informal incorporation Irregularity as reversible? Researching migrant illegality in new immigration countries Comparative Research Design and Data Collection Case selection Data collection in two contexts Ethical issues and negotiating resources Conclusion Chapter 3: International and Domestic Dynamics of the Production of Migrant Illegality in a Comparative Perspective Introduction Becoming lands of destination The International Context in the Production of Illegality Moroccan immigration politics from criminalisation to integration Migrant illegality as Europeanisation in Turkey Conclusion: from the international production of migrant illegality to migrant incorporation Chapter 4: Halt Raids, we are in Morocco, we live in Morocco we love Morocco : Morocco as a case of political incorporation Introduction Deportability as part of daily experience Illegality in (semi-)settlement Bureaucratic incorporation through access to public health care and education Reversing illegality through mobilisation

12 Conclusion: Morocco as a case of political incorporation Chapter 5 Turkey: De-politicising illegality and its impact on migrants quest for legal status Migrant deportability beyond the EU borders Illegality in (semi-)settlement: incorporation into informality Access to fundamental rights between asylum and market Reversing illegality: mobilisation or sideways? Conclusion: Turkey as a case of labour market infiltration but limited political mobilization Chapter 6: Migrant illegality beyond the EU borders: Turkey and Morocco in a comparative perspective Introduction Deportations and perceptions of deportability Socio-economic participation and daily legitimacy Access to rights through institutions and the role of street-level advocacy Reversing illegality Conclusion Chapter 7: Conclusions Researching migrant illegality at the edges of the EU Linking migrant illegality, incorporation, mobilization Conceptual, empirical, methodological contributions and policy implications Further research Bibliography Annexes.207 Summary..237 Nederlandse samenvatting

13 Abbreviations ABCDS Association Beni Znassen for Culture Development and Solidarity AFVIC Association for Victims of Clandestine Migration and their Families ALECMA Association Lumiere sur L Emigration Clandestine au Maghreb AMDH The Moroccan Association for Human Rights ANAPEC The Moroccan National Recruitment and Employment Agency ARMID Association Mediterranean Encounter for Immigration and Development ASAM Association for Solidarity with Asylum Seekers and Migrants ASEM Association for Solidarity and Mutual Aid with Migrations (ASEM) ATMF Association of Workers from Maghreb CCME The Council of the Moroccan Community Living Abroad CMSM Council of Sub-Saharan Migrants in Morocco CNDH National Council of Human Rights CSO Civil society organization DGMM Directorate General of Migration Management DİSK Confederation of Progressive Trade Unions of Turkey DRC Democratic Republic of Congo EC European Commission ECHR European Convention for Human Rights ECtHR European Court of Human Rights EU European Union FOO Foundation Orient-Occident GDA Migrant Solidarity Network GADEM The Anti-racist Group for the Support and Defence of Foreigners and Migrants GDP Gross domestic product GÖÇ-DER Migrants Association for Social Cooperation and Culture HCA Helsinki Citizens Assembly HRDF Human Resource Development Foundation ingo international non-governmental organisations 3

14 IOM LFIP MAD Mazlumder MSF Mülteci-der NGO ODT ODT-IT OMDH POS RA RAMED SAFS TL TNP TOHAV UJRT UK UN UNHCR International Organization for Migration Law on Foreigners and International Protection Moroccan Dirham Association of Human Rights and Solidarity for Oppressed People Doctors Without Borders Association for Solidarity with Refugees Non-governmental organisation Democratic Organizations of Workers ODT-immigrant workers Moroccan Organization for Human Rights Political opportunity structures Readmission Agreement Medical Assistance Plan Social Assistance and Solidarity Foundations Turkish Lira Turkish National Police Foundation for Society and Legal Studies Union of the Young Refugees in Turkey United Kingdom United Nations UN High Commission for Refugees 4