Registry of NGOs working with refugees and migrants in Greece under scrutiny
Risks of repression of civil society organisations supporting refugees and migrants in Greece have been heavily exacerbated by successive legislative reforms in 2020, introducing disproportionate and ambiguous requirements for registration on two Registries managed by the Ministry of Migration and Asylum.[1] None of the legal changes has been preceded by a public consultation.
Mounting evidence of warnings from domestic and international bodies
Since the adoption of the legal framework, an increasing number of institutions at Greek, European and international level have raised concerns as to the compatibility of the NGO registration rules with the country’s legal obligations, in particular human rights duties.
The implementation of the NGO Registry so far
In an information note released in May, the Ministry of Migration and Asylum refers to 36 registered organisations and 78 rejected applications. This means that negative decisions are more than double the number of positive decisions on registration applications. Another 97 applications are pending.
The Greek authorities recently replied to the Council of Europe that the “objective of the Register is not to set barriers to the NGOs and in no case the registration procedure is intended to be excessive or cumbersome.” They added that “the objective is to set the same rules for all NGOs operating in Greece… as well as to verify that they offer high quality services to the beneficiaries”.
However, the assessment of registration applications in practice gives rise to grounds for believing that the criteria are not applied transparently, fairly, consistently and lawfully. For example, the Ministry of Migration and Asylum has issued negative decisions to certain organisations on the ground that they have not provided financial reports for covering the two years preceding their applications. However, it has approved the applications of several NGOs founded less than two years ago and thereby unable to provide such documentation. Investigative research published by outlets including Solomon and Inside Story raises particular concerns about ‘ghost organisations’ added to the Registry:
- One of the approved organisations was founded in September 2020 and successfully applied for EU funding under the ESTIA programme one week later. Parliamentary questions on the registration of said NGO were submitted on at least three occasions. In its replies to Parliament, the Ministry of Migration and Asylum has refrained from responding to the above questions and failed to submit the documents requested.
- In another case, the recommendation of the competent Assessment Commission, No 9949/16.12.2020, highlighted that the organisation in question had not submitted financial statements or activity reports concerning its operation for the past two years. In an interview with Inside Story, the organisation noted that it could not have implemented activities due to lack of funding. The NGO has been added to the NGO Registry and is receiving EU funding under the ESTIA programme.
- A third NGO was set up in March 2019 and had no activity prior to its registration. The registered address and landline of the NGO in Athens correspond to a car rental company undergoing liquidation. In February 2021, journalists contacted the phone number and were informed that the premises were empty.
- One of the approved organisations was founded in September 2020 and successfully applied for EU funding under the ESTIA programme one week later. Parliamentary questions on the registration of said NGO were submitted on at least three occasions. In its replies to Parliament, the Ministry of Migration and Asylum has refrained from responding to the above questions and failed to submit the documents requested.
- In another case, the recommendation of the competent Assessment Commission, No 9949/16.12.2020, highlighted that the organisation in question had not submitted financial statements or activity reports concerning its operation for the past two years. In an interview with Inside Story, the organisation noted that it could not have implemented activities due to lack of funding. The NGO has been added to the NGO Registry and is receiving EU funding under the ESTIA programme.
- A third NGO was set up in March 2019 and had no activity prior to its registration. The registered address and landline of the NGO in Athens correspond to a car rental company undergoing liquidation. In February 2021, journalists contacted the phone number and were informed that the premises were empty.
Only at the end of April 2021 did the Ministry issue a Circular to specify that organisations founded less than two years prior to the submission of their registration application are not barred from requesting inclusion in the Registry.
In addition, while 78 NGOs have had their applications rejected and another 97 have pending applications for registration on the NGO Registry, since December 2020, the Special Secretary for Stakeholder Coordination has granted exceptional permission to 9 NGOs through the use of the derogation set out in Article 16 of JMD 10616/2020[2]. Most of the organisations concerned provide services in Reception and Identification Centres (RIC).
Judicial review applications for the annulment of the Decision are pending before the Council of State.
For more information:
- RSA, Asylum and the rule of law: deficiencies in adjudication and law-making, doubling down on shrinking civil society space, March 2021.
- RSA, Repression Continued: Greece Further Restricts Civil Society Supporting Refugees and Migrants, September 2020.
- RSA, Risk of Repression: New Rules on Civil Society Supporting Refugees and Migrants in Greece, May 2020.
Notes
[1] Article 191 L 4662/2020, Gov. Gazette A’ 27/07.02.2020; Joint Ministerial Decision (JMD) 3063/2020, Gov. Gazette B’ 1382/14.04.2020; Article 58 L 4686/2020, Gov. Gazette A’ 96/12.05.2020; JMD 10616/2020, Gov. Gazette B’ 3820/09.09.2020.
[2] Special Secretary for Stakeholder Coordination, Decision 141/2020, 1 December 2020; Decision 186/2020, 29 December 2020; Decision 202/2020, 30 December 2020; Decision 187/2020, 30 December 2020; Decision 188/2020, 30 December 2020; Decision 189/2020, 30 December 2020; Decision 208/2020, 30 December 2020; Decision 209/2020, 30 December 2020; Decision 8/2021, 11 January 2021, available at: https://bit.ly/39cjFXT.
