The issue of Syrian refugees’ rights and their repatriation

Translated by Irene Cecchi

Since the civil war broke out in 2011, Syria experienced a gradual diplomatic isolation, especially with Europe that suspended all official relations with Bashar al-Assad’s regime. Syria, being part of Iran’s system, didn’t express any official opinion on the events that troubled the region, like the current war in Gaza, but it didn’t stop Israel from targeting the Country, highlighting the simmering tensions and Syria’s role in the Israel-Iran shadow war. Israel targeted Revolutionary Guard’s officials and militants backed by Iran spread in the whole Country, attacking also the main urban areas like the international Aleppo airport on March 29th or the Iranian consulate in Damasco on April 1st, causing casualties and wounded among civilians.

In this tense context, Syria is still an important logistical support for Hezbollah since it facilitates training and provisions to the group without consequences in its territory. This political context is worsening an already difficult situation contributing to a rising number of displaced people. According to the UN, almost 200.000 Syrians and Lebanese fled their country after the Gaza war started, proving again the growing instability.

Since the beginning of the conflict, the European Union condemned the human rights’ violation and the use of deadly force against civilians by Assad's regime, imposing economic sanctions and restrictions for the members of the Syrian government, aiming to dissuade the regime in its actions.

The Syrian crisis led to a huge humanitarian emergency, with millions of internally displaced people and migrants looking for a place abroad. The European Union provided humanitarian aid to Syrian refugees and also to hosting communities in nearby countries like Lebanon, Jordan and Turkey by allocating billions of euros for humanitarian assistance, support and reconstruction programs. Over a period of ten years more than a million refugees sought asylum in Europe, leading the European leaders to re-evaluate their policies against the regime in Damasco despite the persistent human rights’ violation and the lack of safe conditions for repatriation.

After the 2024 European elections that saw a growing support of anti-immigration parties in several member states, the pressure to enforce stricter rules to manage migrants increased significantly, including the proposal of a “repatriation hub” outside European borders for those who are not granted asylum.

Back in July 2024, seven European countries requested a re-evaluation of the European strategy regarding Syria, aiming to make its humanitarian situation look better to allow repatriations.

During the last European Council meeting on October 17th, the need to create the conditions for a safe, voluntary and decent repatriation was reiterated based on UNHCR guidelines. In this context, they also discussed new means to hinder illegal migration. First, the need to re-evaluate the concept of safe third country: what is a safe third country? How is it established? Secondly, the proposal of creating repatriation hubs outside European borders, following the example of the Italian initiative in Albania designed by Meloni’s government. Nevertheless, the proposal of considering Syria a safe Country is controversial. In order to prove the point, Nehammer, Austria’s Chancellor, affirmed that many refugees are going back home because Syria it’s now safer than Lebanon.

Actually, those Syrians who are going back risk being arrested by the authorities, accused of being related to rebels or the opposition, discouraging them to do so. In fact, since the beginning of the Syrian revolution in 2011, the Bashar al-Assad regime kept a strict attitude on this matter, using amnesty decrees to manipulate and elude international pressure. These decrees, the last of them is the number 27 issued on September 22nd, don’t actually benefit political prisoners since they don’t concern the most serious accusations like terrorism and high treason. In addition, there is no independent judiciary control meaning that law enforcement agencies have wide discretionary power that result in serious human rights’ violations and dissidents’ persecutions.

The regime proved not to be willing to commit to a true political change process, ignoring international resolutions and maintaining the control through military force and external help. This is why the international community has to act carefully when making concessions to Damasco until there will be tangible progress towards a political transition ensuring the respect of human rights for everyone.

After more than a decade of war, Syria is facing widespread poverty, food insecurity and the lack of fundamental services, making a safe and voluntary repatriation impossible. Moreover, those Syrians who decide to go back home will probably face the risk of being arrested by governmental security agencies, accused of rebels or oppositions’ aiding and abetting.

The EU is aware that the situation in Syria has consequences on regional stability and internal security. The terroristic attacks, the proliferation of extremist groups and the tensions between Israel and Iran are all big threats for Europe that need to be faced in order to promote stability in the region, also by effectively managing the EU external borders.

Mondo Internazionale APS ® Riproduzione riservata