Political Settlement First, Refugee Return Second

A camp for displaced people in Jindairis in northwestern Syria. Credit: UN News/Shirin Yaseen

 
Syrians whose lives have been upended by a 12-year civil war and a catastrophic earthquake are looking to return home and rebuild their lives. Shirin Yaseen from the Office of the Spokesperson for the UN Secretary-General visited northwestern Syria as part of an interagency mission to assess the situation there. 1 April 2023

By Malik al-Abdeh and Lars Hauch
LONDON, Apr 5 2023 – Europe’s current approach to facilitating refugee returns and containing new arrivals from Syria is based on wishful thinking. Europeans have come to terms with the fact that a political settlement for Syria’s 12-year conflict is not on the horizon.

In conversations with diplomats, one hears a reoccurring theme these days: Syria is not a priority anymore. Notoriously hesitant to lead and busy with Russia’s invasion of Ukraine, Europeans want to keep things as calm as possible.

But what stands in the way of this old-fashioned wait-and-see approach is the issue of refugees. Not only are significant numbers not returning to Syria, but tens of thousands more continue to set out to the EU each year.

Against this background, Europeans have indicated to president Bashar al-Assad that concessions on the ‘refugee issue’ could prompt them to re-think their policy of ostracising the Syrian dictator and his regime.

Notably, discussions on refugee return have almost exclusively been about their return to regime-held Syria. Much of the official thinking on the matter, which includes that of the UN envoy, envisages Assad conceding to taking back refugees in return for the normalisation of relations with other Arab countries and Western political and financial inducements.

Putting refugee return on the negotiating table with Assad makes sense from a diplomatic expediency angle. And it is certainly attractive: if voluntary and dignified returns can be realised, this would please the domestic audience in Europe and foreign ministries as well as EU institutions could sell it as an indicator that political progress is being achieved.

However, Europe’s current approach to facilitating refugee returns and containing new arrivals is based on wishful thinking.

Assad’s ‘population warfare’

First of all, Europe falsely assumes that Assad wants his people back. Apart from the crippling pressures that any sizeable refugee return would place on resources in regime areas – water, electricity, fuel, food, etc. – there is the more important matter of security.

The regime considers all Syrians who have fled to neighbouring countries to be at best cowards and at worst traitors. By placing themselves out of the reach of the regime’s military conscriptors, they are seen as having voted with their feet in Syria’s civil war.

‘We will never forgive or forget’ echoes a longstanding view among regime supporters of those perceived to have skipped the war but now want to return once the fighting is over.

The testimonies of those who have returned only to see their loved ones arrested and killed suggest that it is not an empty threat. Those connected to rebels or their families by blood or marriage, or those that have been reported as having anti-Assad views by informants, immediately fail the regime’s security check for returning refugees, as will most that hail from former rebel strongholds.

Additionally, living in a neighbouring country for many years and establishing roots there, as most refugees have done, enables the regime to brand them as ‘politically suspect’. Syria’s Foreign Minister claims that refugees can return ‘without any condition’, but this magnanimity is only voiced when around Western reporters.

‘Perhaps the most noteworthy aspect of the Syrian regime’s discourse on refugees is that there barely is one’, a study on the matter finds. This should not come at all as a surprise.

Syria’s mass population displacement has for too long been seen as an unfortunate secondary effect of the war rather than an intended goal. But in civil wars that take on an ethnic or sectarian nature, de-population becomes a strategic goal in itself.

According to one study, ‘combatants displace not only to expel undesirable populations but also to identify the undesirables in the first place by forcing people to send signals of loyalty and affiliation based on whether, and to where, they flee.’

In Syria, population displacement was at the heart of Assad’s counter-insurgency strategy. Moreover, Assad’s use of chemical weapons and its wider war effort are inextricably linked – tactically, operationally and strategically.

Whether it be artillery strikes, barrel bombs, or sarin gas, the overall war strategy was collective punishment of the population in opposition-held areas.

Assad’s ‘population warfare’ doctrine aims to ensure the population balance of pre-war Syria – so nearly fatal to his family and clan – cannot be recreated. ‘Two-thirds of the population [of Syria] was Sunni and half of it has been scattered to the winds, as refugees or internal exiles’, writes one observer – a favourable outcome for the Alawite president.

For Assad, the country has now gained a ‘healthier and more homogenous society’. With that in mind, it is understandable that most Syrians reject returning to areas under the control of his regime.

Working with Turkey

Does this mean that Europeans should remove the ‘refugee file’ from the negotiating table? Not quite. But they would be well advised to be sober about their goals. If they try to utilise the refugee file as an entry point for advancing a moribund political process, it would be ethically irresponsible.

In fact, EU diplomats have already signalled that credible steps allowing refugee returns could pave the way for gradual engagement with the Assad regime. This is concerning given that turning refugees into a diplomatic currency to trade concessions with Assad hardly passes the ‘do no harm’ test.

If the goal is to get results where refugees actually return to Syria in large numbers and fewer people leave the country, Europeans should be talking not with Damascus but with Ankara.

The inconvenient truth about refugee return is that it will only work if enough refugees are willing to return voluntarily, given realistic conditions and a serious partner on the ground with an active interest in seeing returns happen.

Right now, only Turkey and a share of its Syrian refugees can tick both boxes, given the connectivity between populations on both sides of the border and Turkey’s ability to assure relative security.

According to UNHCR figures, about 800 Syrian refugees are returning to Syria from Turkey every week despite the UN agency’s assessment that conditions are not suitable for a large number of voluntary returns.

Moreover, of the nearly 750,000 refugees that have returned to Syria since 2016, most of them (500,000) have returned from Turkey to opposition-controlled areas in the north and northwest of Syria. In contrast, only 10,766 refugees returned to regime-controlled areas between January and October 2022. A greater number have fled Assad’s Syria in the same period.

The absence of security hurdles to return and compulsory military conscription (both major push factors in regime areas and those controlled by the US-allied Syrian Democratic Forces) and the fact that Sunni internally displaced people (IDPs) and refugees feel relatively safe under Turkey’s protection are solid foundations on which to build a realistic returns policy.

Perhaps most important for European policymakers, Turkey controls the territory in northern Syria through which large numbers from regime and SDF areas are passing through to enter Turkey and continue to Europe, all for vast sums of money.

Dealing with Ankara on a programme for voluntary refugee return would create a firebreak in the logistical chain of the people traffickers that ends in Berlin and Amsterdam but begins at the M4 Highway.

In sum, Europeans should recognise that significant refugee returns to areas currently controlled by the Assad regime cannot precede a political settlement. Talk of ‘post-conflict reconstruction’ and investments in local development labelled as ‘Early Recovery assistance’ will not change that fact.

This also applies to limiting new refugee movements. Any sort of minor concession from the regime has the purpose of maintaining the momentum of normalisation, but it cannot alter the calculus of Syrians who have no illusions about the regime’s unalterable nature.

The facts support the case for European engagement with Turkey both on returns and border security. Europeans are of course entitled to take a critical stance on Ankara’s Syria policy. Notwithstanding their condemnation of Turkey’s incursions into Syria, new realities have emerged that require a nuanced position rather than blissful ignorance.

Unless Europeans adapt to the reality that Syria is now a de facto divided country, their policy response will remain poor. If areas outside of the regime’s control continue to be seen as not being part of Syria proper, and therefore not integral to any credible nationwide refugee return programme, there will be much more talk but no delivery.

Individual diplomats may be very much aware of this reality, but as long as this realisation does not translate into actual policy, the EU will continue to deceive itself.

Malik al-Abdeh is a conflict resolution expert focused on Syria. He is managing director of Conflict Mediation Solutions, a consultancy specialized in Track II work.

Lars Hauch works as a researcher and policy advisor for Conflict Mediation Solutions, a London-based consultancy specialising in Track II diplomacy.

Source: International Politics and Society (IPS) Journal published by the International Political Analysis Unit of the Friedrich-Ebert-Stiftung, Hiroshimastrasse 28, D-10785 Berlin

IPS UN Bureau

 


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Poland Abortion Laws: Repression of Reproductive Rights and Out of Sync – Activists

The Abortion Dream Team (from left to right Natalia Broniarczyk, Justyna Wydrzynska, Kinga Jelinska) outside the Warsaw court after Wydrzynska's conviction. Credit: Abortion Dream Team

The Abortion Dream Team (from left to right Natalia Broniarczyk, Justyna Wydrzynska, Kinga Jelinska) outside the Warsaw court after Wydrzynska’s conviction. Credit: Abortion Dream Team

By Ed Holt
BRATISLAVA, Apr 5 2023 – “People want the abortion laws here liberalised. Society has changed; even the politicians can see it,” Kinga Jelinska, a Polish reproductive rights activist, says. “In four or five years, I believe, the abortion laws here will be liberalised, because it’s what the people support.”

Jelinska, a member of the Abortion Dream Team (ADT) collective, which provides assistance to women in Poland who need an abortion, spoke to IPS not long after her fellow activist and ADT co-founder Justyna Wydrzynska had been sentenced to eight months of community service for giving abortion pills to another woman.

She is disappointed by the ruling but, like her colleague, remains defiant and determined to carry on her work.

“The case against Justyna was politically motivated,” said Mara Clarke, co-founder of Supporting Abortions for Everyone, told IPS, pointing out that the judge in the case was promoted on the same day as she handed down the verdict and that the Christian fundamentalist group Ordo Iuris was allowed a role in the trial helping the prosecution.

“We’re just going to keep going. The court claimed Justyna was ‘guilty of helping’ someone have an abortion. Well, we have to help each other in cases where people are being systematically denied access to care.

Without people like Justyna, women are left to take their own decisions [on abortions], and they may take an unsafe option,” Jelinska says.

It is this public support which, Jelinska believes, may have stopped the court from handing down a jail sentence to the activist.
“Justyna’s case put even more focus on the issue and the ways women can access abortion services,” says Jelinska.

“People want access to abortions; public surveys have shown that. We see it too in the work we do every day,” Jelinska says, adding that during Wydrzynska’s trial, “public opinion was overwhelmingly pro-Justyna.”

Wydrzynska’s trial and conviction have, activists such as Jelinska say, highlighted problems connected with abortion access in Poland and the risks women needing the procedure – and those they turn to for advice – often face. Poland has some of the world’s strictest abortion laws – terminations are only permitted where the pregnancy threatens the mother’s life or health, or if it results from a criminal act, such as rape or incest – and while not illegal to have an abortion, it is illegal to help someone do so.

Many women in Poland who want an abortion self-administer pills bought online from abroad or travel to neighbouring countries with less restrictive legislation, such as Germany and the Czech Republic, for terminations. Some contact groups like ADT for help. It is not illegal to give out information about abortions, including advice on how to buy pills online.

In February 2020, at the start of the Covid pandemic in Poland, ADT had been contacted by a woman named Anya*, who was 12 weeks pregnant and desperate. She said she was a victim of domestic violence and was considering going abroad to terminate her pregnancy as the pills she had ordered online were taking too long to arrive.

Wydrzynska decided to give Anya her own pills, but the package she sent was intercepted by Anya’s partner, who reported what had happened to police. Anna later miscarried.  Wydrzynska was convicted of “aiding an abortion” – a crime under Polish law which carries a maximum sentence of three years in prison – by a Warsaw court in March 2023 in what is believed to be the first time in Europe that a women’s health advocate has gone on trial for aiding an abortion.

The conviction was immediately condemned by both local and international activists who said the case should never have been brought to court.

“We were disappointed that Justyna was convicted. We are happy that she is not going to jail, but her trial has dragged on for a year, in which time a lot of international organisations, including gynaecologists, said the case should be dropped. It should never have come to trial, and this would never have happened in another country,“ Clarke says.

Amnesty International described the court’s ruling as “a depressing low in the repression of reproductive rights in Poland”.

“This ruling is going to have a chilling effect and we are already seeing women who are worried about what they should do if they found themselves in the situation that they need an abortion,” Mikolaj Czerwinski, Senior Campaigner at Amnesty International, told IPS.

Others believe the trial was part of a wider campaign to crack down on women’s rights and those of the minorities such as the LGBTQI community, by the right-wing government and its conservative religious allies.
The ruling Law and Justice (PiS) party has long been accused by critics in Poland and abroad of systematically suppressing women’s rights, and it was instrumental in pushing through a tightening of abortion laws in 2021 which banned abortions even in cases where the foetus was diagnosed with a severe birth defect.

Meanwhile, the European Commission (EC) has raised serious concerns over judicial independence in the country under the PiS, with some judicial bodies seen as being under the control of the ruling party.

Czerwinski said that following the trial, there were now “questions over the independence of the judiciary in Poland and what impact that [lack of independence] might have on women’s rights, and human rights in general, in Poland”.

But while anger remains at Wydrzynska’s conviction, activists such as Jelinska and Clarke believe that the trial has only highlighted how out of touch Poland’s government is with society on abortion laws.

Since the abortion laws were tightened even further in 2021 – a move which was met with massive street protests – surveys have shown strong support for liberalisation of abortion laws. In one poll last November, 70% of respondents backed allowing terminations on demand up to 12 weeks.

“People want access to abortions, public surveys have shown that. We see it too in the work we do every day,” she says, adding that during Wydrzynska’s trial “public opinion was overwhelmingly pro-Justyna.”

In a public opinion poll carried out in February for Amnesty International, 47% of respondents said they would have done the same as Wydrzynska. The survey also found that people were overwhelmingly against punishment for helping to access an abortion in Poland.

Meanwhile, some opposition politicians have suggested they would introduce legislation which would allow for abortion on demand if they get into power, pointing to public support for such a measure.

It is this public support which, Jelinska believes, may have stopped the court handing down a jail sentence to the activist.

“This is an election year, and the government knows it would be political suicide to give her a harsher sentence with so many people in favour of liberalising access to abortion,” she explains.

It may also be behind Polish parliament’s rejection in early March of a bill, proposed by an anti-abortion group as a citizen’s legislative initiative under a special parliamentary procedure, which would have criminalised even providing information about abortions. Government MPs voted against it with some reportedly saying they did back it for fear of fuelling protests just months away from elections.

“Even they know that would have been going too far,” said Czerwisnki. The trial, which was reported extensively in Poland and widely in international media, has also helped raise awareness of the work of groups like ADT and others with some organisations, including the Abortions Without Borders network, which has a Polish helpline reporting a three-fold rise in calls since the trial began.

“Justyna’s case put even more focus on the issue and the ways women can access abortion services,” says Jelinska.

If the conviction was designed to put activists off their work, it seems to have backfired, said Czerwinski.

“A lot of activists have been re-energised by this because they have seen Justyna and her response to the ruling,” he said. “They are aware of the risks, but at the same time, will not stop helping women.”

Wydrzynska has appealed her conviction and insists that she has done nothing wrong. She has also vowed to continue her activism.

Speaking on public radio after her trial, she said: “Even if I should leave the country, I will never stop. In the same way, I know that there are thousands of people who’d do the same for me.”

*NOT REAL NAME

IPS UN Bureau Report

 


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