Out of the spotlight: The rights of foreigners and minorities are still a grey area
have the right to establish and maintain their
own associations”. 128
4.3 The failure to address the
legacy of discriminatory policies
Another area of concern in relation to the
state’s obligation to respect, protect and fulfil
the rights of members of minority groups is the
failure to provide redress for violations
perpetrated under laws that have since been
judged to fall short of international human
rights law and standards as well as national
legislation on non-discrimination.
In this context, the organization is concerned
about the continuing denial of the authorities to
re-issue citizenship documents to individuals
belonging to the Muslim population of western
Thrace. According to Article 19 of the Greek
Citizenship Code, which was abrogated in
1998, Greek citizens who were not of ethnic
Greek origin could have their citizenship
withdrawn, if they were believed by the
authorities to have immigrated to another
country. A number of individuals belonging to
the Muslim minority in western Thrace were
classified as “non-citizens” (
) under
the old Article 19 of the Code. They lost their
citizenship because they, at some point in their
lives, left the country and have to date not been
able to regain it. In practice, the application of
the old Article 19 of the Citizenship Code was
never transparent, and thus resulted in
withdrawing citizenship from individuals who
had never intended to emigrate. For example,
in a number of cases, individuals who had
reportedly only travelled to nearby Turkey for
a short holiday had their Greek citizenship
withdrawn. Furthermore, in most cases,
authorities did not take adequate steps to
ensure that the individuals concerned were
informed of the decision to withdraw their
citizenship in time to appeal these decisions,
and thus the right to appeal was lost. Some of
the people who lost their citizenship under the
128
UN General Assembly resolution 47/135, 18
December 1992.
Amnesty International 5 October 2005
63
old Article 19 might still be unaware of it even
today. People belonging to the Muslim
minority in western Thrace who have lost their
citizenship in this way and who have lost their
right to appeal are also denied access to state
benefits and institutions that other Greek
citizens enjoy (e.g. social security benefits,
access to specific health care provisions,
pension allowances, provision of identification
documents, etc.).129
While Article 19 of the Citizenship Code was
withdrawn in 1998 because it was considered
discriminatory, Amnesty International remains
concerned that the Greek authorities have to
date failed in their obligation to respect,
protect and fulfil the rights of persons
belonging to the Muslim minority in western
Thrace, both by failing to inform those
affected of their loss of citizenship in a prompt
and effective manner that would secure their
right of appeal and by refusing to reconsider
the cases of all people who had lost their
citizenship under the old Article 19 of the
Citizenship Code and to recognize their claims
to citizenship.
In a report published in February 2004 by the
Ombudsman’s office, 130 the procedure to
examine the claim for naturalization of one
such “non-citizen” was found to be inadequate.
The case concerned a young woman who had
applied for naturalization in 1999, along with
her parents and her three sisters, upon the
withdrawal of the old Article 19 of the
Citizenship Code. The family had all lost their
citizenship in 1984, when the woman in
question was two years of age. While the rest
of the family was apparently granted
citizenship anew, the applicant was only
informed in 2003, that in order for her
naturalization application to be examined
further, she had to pay the fee of around €1500,
levied on aliens applying for naturalization.
129
It should be noted that under the CERD’s
General Recommendation 30, these provisions
should not be limited to citizens.
130
Document number 7547.03.2.2
AI Index: EUR 25/016/2005
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