B. Infrastructure - Facilities
- Living conditions
In a state governed by the rule of law, the stay of refugees
and migrants needs to be under conditions of respect of
the human rights of this population. Even those who are
simply passing through the country, whose status is not
regulated, are still constitutionally covered with the complete
protection of their life, honour and freedom (Article 5(2)
of the Constitution) whereas respect and protection of the
value of the human being constitute the primary obligations
of the State (Article 2 (1) of the Constitution). This Chapter
examines the issues of housing, food and health, as the most
important social services closely linked with the protection
of life and human dignity.
1. Difficulties in meeting housing needs
Adequate housing conditions in
safe spaces with suitable infrastructures were still an issue until
the end of 2016 for most sites accommodating large numbers of
refugees and migrants, across the
Greek territory. This finding pertains, with great deviations however regarding the intensity
of the problem between the various sites, to both temporary
accommodation facilities on the mainland, and the hotspots
on the islands of the Eastern Aegean.
1.1. Housing
conditions in sites
accommodating
large numbers
of refugees and
migrants
The State up to now has failed in its obligation to ensure
a decent level of living conditions for all asylum seekers,
as such arises from both the European127 and the domestic
law.128 The particularly adverse conditions prevailing in group
refugee and migrant accommodation centers feed into the
allegations on violation of their human rights, and in certain
cases, even on their inhuman and degrading treatment.
According to information of the Central Coordinating Body
for Migration of the General Secretariat for Information,129
on 3.1.2017 there were around 22,000 people living in
127 Directive 2013/33/EC, Articles 17, 18, 28 and 31.
128 Law 4375/2016, Articles 1, 8 and 10, and PD 220/2007, Articles 12 and
13.
129 These data deviate from those published by UNHCR and other agencies. With
regard to this issue, see Chapter A1.
the approximately 40 temporary accommodation sites on
the mainland and approximately 15,000 people in the 5
hotspots of the islands.130 Considering that this is a small
number of people, compared to the hundreds of thousands
that crossed through Greece without the legal formalities in
the past two years, which in fact remained steady the last
months of 2016, the inability of the machinery of the state
to handle it, is of particular concern. The lack of any central planning and coordination of the involved agencies and
services, as well as the laxity in implementing the relevant
provisions for addressing the situation, in combination with
the failure to promptly and appropriately utilise European
and domestic resources, are among the key reasons why the
problem is created and persists.
The data collected by the Ombudsman come from on-site inspections and visits of its experts over the past two years,
from the competent state services, from reports of national
and international organisations, the Council of Europe and
from the media.
Critical problems are accommodation in tents or other inappropriate structures for long periods of time, the inadequate
sanitary conditions and the lack of the appropriate infrastructure for meeting daily needs.
Below follows an attempt of a summary and, to the extent
possible, comprehensive record of the main problems found
in the mass accommodation facilities for refugees and
migrants in Greece,131 with the note that there are positive
exceptions of accommodation facilities that are operating
in a satisfactory manner and meet the standards of decent
living conditions.132 At this point, it should be noted that the
situation prevailing in each accommodation site has proven
particularly fluid, in the sense that it keeps changing due
to various factors. This change is frequently positive and
pertains to the improvement of the housing conditions with
the replacement of the makeshift structures by containers or
other more appropriate structures for meeting the shortages
in basic amenities,133 even the evacuation of particularly
inappropriate sites and the housing of those living there in
130 According to the same source, approximately 18,500 people (mainly
vulnerable groups, for relocation and family reunification) are living in apartments
or hotels on mainland Greece and the islands through the housing programme
of the UNHCR in cooperation with the Municipalities and NGOs. As a rule, the
conditions in this housing category are satisfactory.
131 This pertains to the last months of 2016 and January of 2017.
132 Elaionas in Attica, Thermopyles, Kara Tepe in Lesvos, etc.
133 e.g. Malakasa, Ritsona in Viotia, Lagkadikia.
41
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