Archive for August 12th, 2010

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Migration Policy – Ukraine’s Justice Ministry publishes draft policy

August 12, 2010

Well dear readers, as Ukraine expects to get its roadmap to Visa free travel with the EU in October…….and the last 5 FSU states to get one managed to accomplish Visa free travel within 3 years of receipt…….the Ukrainian government is now considering the negative effects Visa-free travel will have on the country relating to the high skilled workers and intelligensia……disappearing off into the sunset.

http://www.minjust.gov.ua/0/31005

Yes of course it is not as easy as that……visa-free travel only extends to tourism and work permits, business visa’s, temporary residency visas will still be required (until if and when Ukraine takes the step of full EU Membership a decade or so after Visa free travel is introduced) for anyone wanting to do anything more than be a tourist in the EU.

Historical evidence does not show a mass exodus from any FSU nation elsewhere after visa-free travel or EU membership has been introduced.  Neither Hungary, Romania, Poland, Czech Republic or Bulgaria became ghost nations……and I do not imagine Serbia or Bosnia et al, will become ghost nations either when they eventually go from Visa-free to full EU Membership some time in the future.

According to The Telegraph, 6 in 10 Britons would leave the UK……according to a poll in the UK…….which means they are still there…….so whilst many people say they would, not many actually do migrate.

Of course Ukraine has suffered numerous attacks on its skilled workforce and intelligensia in the past, ranging from Stalinist purges to American headhunters appearing immediately after the collapse of the USSR and spiriting away the best of what was here if they could……be they academic, highly skilled or sporting stars/prodigees. 

Of course not all went…….my good woman stayed here despite the invite to do her sport in the USA, her cousin also refused 4 invitations from the USA to practice his neurosurgery there……and they are not likely to leave Ukraine despite being in their 30’s whatever is on offer. 

(I literally have to bribe my good woman with promises of jewels, furs and exotic holidays to visit the UK and family there…….but then she has a point that it is grey, wet, cold and uninspiring for the most part……hence she has only been twice in 6 or so years…….and 3 weeks after her last UK visa application, we are still waiting to know if it has been granted!!)

Neither her 20 year old sister or any of her friends have any intention of leaving Ukraine either…..other than to study abroad if the opportunity arises for Masters degrees…….and the thought of marrying foreign men…..well that is just so passe (sorry wife hunters).

So, considering the historical precedents of other FSU nations who have visa-free travel already, the amount of intelligensia, sports stars and highly skilled people who refused US invitations only 18 years ago and the (rather limited) poll of my good woman’s sister and friends is the Ukrainian government worrying about something that may only have a limited effect?

After all, when it comes to intelligensia and academia, it can be just as easily imported as it is exported if you have a mind to do it…….the demographics are a more difficult issue to combat unless the wife hunters are prepared to relocate here and produce babies……..and that means a much easier access to business and less beaurocracy to create SME’s. 

The existing barriers and limitations the current government sees as a possible cause for an exodus are also the same barriers that stop a reverse flow of people settling in Ukraine.  There are literally thousands of “westerners” who would migrate permanently to Ukraine (who are used to paying taxes rather than avoiding them) if is was easier to actually achieve something reasonable without so many hoops, hurdles and incompetent officials to deal with.

This situation may change when the FTA eventually gets signed between the EU and Ukraine this year/next year and the inflow of foreigners may change things dramatically……..we will see.

……..What?…….yes the link is in Ukrainian!…….Oh, alright then…….here you are………

CONCEPT
Migration Policy

The concept of migration policy (hereinafter – the Concept “) defines the essence of the state migration policy, its strategic objectives, principles and priorities of public authorities in the field of migration directions of improvement of legislative and institutional support and mechanisms for implementation.

The main concept is to identify areas of migration policy in accordance with the interests of Ukraine and the priorities of state regulation of migration processes.

The concept is aimed at ensuring good governance of migration processes, creating conditions for sustainable demographic and socio-economic development, enhance national security through the prevention of uncontrolled migration processes and response, coordination of national legislation on migration to international standards, strengthen social and legal protection of citizens of Ukraine who are working abroad and creating conditions for the unimpeded exercise of rights, freedoms and lawful interests of workers and perform their duties under the legislation, full use of intellectual and labor potential of such persons to respect the principles of protecting the interests of Ukraine.

1. The current state of migration processes

One of the conditions of building the rule of law is to identify areas of migration policy and improving governance of migration processes in accordance with international standards in the field of human rights.

No conceptual definition of migration policy, the principles of public authorities in the field of migration, strategic goals, objectives and standards to ensure the realization of human rights does not allow to increase efficiency against phenomena that threaten national security – illegal migration, deterioration of the demographic crisis, the outflow of outside the territory of Ukraine and its officers and highly intellectual scope of the working population.

The need for improvement of State management of migration flows due to political and socio-economic factors, which occur in Ukraine and abroad, the main ones are:

1) integration of Ukraine into the international labor market, followed by outflow of labor from Ukraine;

2) reduce the number and aging of the population in Ukraine and other European countries;

3) active immigration policies of other states, aims to attract foreign labor force;

4) lack of legislation on migration to today, including the lack of legislation for the protection of foreigners and stateless persons who are not refugees, but their return to their countries of nationality or last permanent residence is not possible given the need for Ukraine assumed international obligations, as well as the impossibility of such persons residing or staying in the country of origin, because of environmental, technological or other emergency circumstances;

5) lack of information (automated) system of accounting citizens of Ukraine and foreigners and stateless persons residing or temporarily staying in Ukraine on legal grounds;

6) limited government funding;

7) lack of skilled procurement authorities, which implement the state migration policy.

2. Variants of the problem of migration

There are two options to resolve the problem.

The first option involves the implementation of state migration policy in parallel with improvement fragmented legislative framework on migration, which is unacceptable based on the lack of national vision for overcoming problems in this area.

Second, the best option is to conduct coordinated activities of state bodies according to the Verkhovna Rada of Ukraine approved the concept document, which should provide for systematic and consistent implementation of state migration policy based on common principles, strategic goals, objectives, standards of rights and freedoms.

3. Strategic directions and mechanisms

Solving the problem requires the implementation of comprehensive measures to:

improvement of legislation on labor and forced migration, leaving the citizens of Ukraine, Ukraine entry to foreigners and stateless persons, combating illegal migration;

legislative implementation of the mechanism and support the temporary protection of foreigners and stateless persons;

determining reasonable according to current demographic situation and the situation on the labor market immigration quotas;

Freedom for citizens of Ukraine, foreigners and stateless persons lawfully in its territory, the conditions for freedom of movement, free choice of residence, the right of free departure from Ukraine (with the exception of restrictions established by law);

combating xenophobia and racism;

encourage rational territorial allocation taking into account the migration situation in the regions;

strengthen social and legal protection of citizens of Ukraine who are working abroad by joining multilateral international agreements in the area of migrant workers, the conclusion of bilateral agreements in the field of labor migration and creation of favorable conditions for labor migrants crossing national borders and stay in their country employment;

creating favorable conditions to return to Ukraine of its citizens who are permanent residents of other states, reducing immigration flows;

strengthening cooperation and coordination of state and local governments and NGOs in the field of migration, improving international cooperation;

improving migration statistics;

prevent trafficking;

conducting research activities on migration and use its results for the implementation of public policy;

intensification of foreign policy with a view to concluding international agreements on issues related to the regulation process of restoration and protection of the rights of persons deported on ethnic grounds, development and implementation of an effective mechanism for such contracts;

improving international cooperation in migration.

The main directions of state migration policy in Ukraine, and departure from entry to Ukraine citizens of Ukraine are:

creating conditions to minimize external unregulated migration of citizens of Ukraine;

formation of attractive domestic labor market, stimulating economic activity of population;

monitoring of foreign labor migration;

a socio-economic conditions for investment labor migrants of the national economy;

support and strengthen the legal and social protection of citizens of Ukraine abroad;

creating favorable conditions for crossing the border by citizens of Ukraine.

The main directions of migration policy in the field of immigration are:

facilitate the return to Ukraine, Ukrainian Foreign and integration in society;

encourage immigration figures of science and culture, skilled technicians and workers, demand for which is perceptible to the national economy;

promotion of voluntary return to Ukraine the persons deported on ethnic grounds and their integration into Ukrainian society.

The main directions of migration policy on temporary entry in Ukraine of foreigners and stateless persons are:

enabling environment (in particular given the labor market) to enter Ukraine for foreigners and stateless persons for tourism, business and other purposes;

Regulation and control the entry of migrants into Ukraine for employment and training;

combating illegal migration;

ensuring the implementation of universally recognized international principles and norms of international law relating to the protection of refugees and persons in need of shelter or protection in Ukraine, including non-refoulement principle;

support the voluntary return of illegal migrants to their countries of nationality or last residence;

improving coordination with state authorities to combat illegal migration;

strengthening accountability for offenses related to illegal migration.

4. Tasks and activities

Realization of the Concept provides for state agencies the following tasks:

improvement of legislation on migration in accordance with the Constitution of Ukraine, the generally recognized principles and norms of international law;

join if you need to multilateral international treaties to protect the rights of migrants;

conclusion of bilateral treaties on matters relating to the protection of migrants’ rights, including employment, combating illegal migration, adoption and transfer of persons (readmission), prevention and reduction of statelessness;

promoting social protection of citizens of Ukraine who work abroad;

develop and implement national and regional programs in the field of migration, incorporation in national and regional programs of social and economic development of the migration situation;

implementation of measures related to community integration of foreigners and stateless persons who permanently reside in Ukraine, but also foreigners and stateless persons who were granted refugee status in Ukraine;

providing adequate financial and logistical resources of the state of migration to the tasks defined concept, with the state and local budgets, attracting extrabudgetary funds, including international organizations;

strengthening cooperation between the authorities of the joint use of infrastructure and communications, systematic exchange of information and experience;

a system of control of foreigners and stateless persons who arrive in Ukraine on fixation of their biometrics, and integration of this system to pan;

formation of single base passport documents with data on their issuance, cancellation and loss;

a single information (automated) system of accounting and analysis of migration flows with respect for human rights to confidential information about her and protect her privacy;

Strengthen cooperation with other countries, international and public organizations that carry out activities in the field of migration;

continuing negotiations with states – members of the European Union on the use of simplified border crossing regime for citizens living in border regions of Ukraine;

renouncing the list of circumstances under which can be simplified border controls;

revitalization of the representatives of Ukraine to international organizations dealing with migration issues, to reflect the decisions of such organizations in the national interests of Ukraine;

comprehensive research related to migration processes, forecasting trends and their implications for all spheres of public life;

awareness of Ukraine on the labor market situation, the legislation of other countries, risk factors, which the people may face during employment abroad, motivations and problems of resettlement of migrants, the difficulties of adaptation.

Realization of the Concept in internal migration and emigration of citizens of Ukraine prevention include:

create appropriate conditions for realization in Ukraine of the rights and freedoms in order to prevent mass travel abroad;

improvement of legislation on freedom of movement and free choice of residence;

activities aimed at promoting internal migration as an alternative to external labor migration;

formation of a national database of vacancies;

conclusion of international agreements on issues related to the regulation process of voluntary migration and protect migrants’ rights;

further improvement of legislation on child rights protection and cooperation in international adoption.

Realization of the Concept of Ukraine citizens to travel abroad for temporary residence for employment, training, conducting business, medical treatment and recreation include:

improvement of legislation to ensure implementation of the constitutional rights of citizens to pensions and other social protection regardless of their residence;

greater control over business entities that provide services on mediation in employment of citizens of Ukraine abroad;

monitoring violations of the rights of citizens of Ukraine, which operate in other states;

improvement of accounting information on the citizens of Ukraine who are abroad for employment;

increase state consular missions of Ukraine in the States where resident or temporarily large number of citizens of Ukraine, the definition in such institutions of officials responsible for migration issues, monitoring the labor market of the host country, providing clarifications to citizens of Ukraine staying abroad for employment and promotion of their rights in full;

The development and implementation of measures aimed at explaining to citizens of Ukraine of their rights and freedoms during employment abroad, host country specific legislation and international law in the field of migration;

a mechanism of bilateral international agreements on migration of citizens and their social protection, the continued analysis of the cases.

Realization of the Concept to return the immigrants to Ukraine include:

preparation of bills aimed at simplifying the conditions and procedures for the return to Ukraine, Ukrainian foreign, persons deported on ethnic grounds;

conclusion of international agreements with countries from which permanent residence in Ukraine returning persons deported on ethnic grounds, ensuring the rights of such persons and facilitation of acquisition and termination of their citizenship;

implementation of state programs facilitate return to Ukraine and the integration of the Ukrainian Foreign, persons deported on ethnic grounds, the use of their intellectual and professional potential;

approval of state programs integration of Ukraine, returned to Ukraine.

Realization of the Concept of arrival in Ukraine of foreigners and stateless persons include:

drafting the new Law of Ukraine “On Legal Status of Foreigners and Stateless Persons” subject to the provisions of international instruments that regulate the fight against illegal migration and ensure the rights and freedoms;

adoption of laws on asylum, subsidiary or temporary protection in Ukraine to foreigners and stateless persons;

improvement of legislation on refugees;

development and implementation of regulations to protect the national labor market;

a single information (automated) system of accounting and identification of refugees, persons in need of protection or asylum in Ukraine, and automated information to the foreigners and stateless persons who arrive in Ukraine, especially those entering the States , not covered by the visa-free regime;

increase the number of places for temporary stay of illegal migrants and refugees;

settlement of translation into the official language statements refugees and providing them with legal assistance;

facilitate community integration of persons granted refugee status, protection or asylum in Ukraine;

awareness of law enforcement officials from Ukraine’s international obligations on human rights;

assistance to persons who were granted refugee status, protection or asylum in Ukraine, voluntary return to their countries of nationality or last permanent residence, if such states the circumstances that led to forced migration, no longer exist;

development and implementation of an effective mechanism for monitoring the presence of foreigners and stateless persons who arrive in Ukraine means to stay in Ukraine, and departure from its territory.

Realization of the Concept in the fight against illegal migration include:

examine the feasibility of increasing the responsibility for violations related to illegal migration, and if necessary, make appropriate legislative proposals;

intensification of negotiations on the conclusion of international agreements on readmission with countries of immigration risk;

develop and implement a plan to prevent trafficking and assist persons, including women and children who were its victims;

continuing work on the creation and maintenance of compliance with international standards network of temporary residence for foreigners and stateless persons who illegally stay in Ukraine;

improve border controls and internal migration;

raising funds for international organizations in dealing with illegal migration.

Information implementation of national migration policy based on principles of objectivity, reality, accessibility and openness and is based on the results of ongoing analysis of migration processes in the country and abroad.

5. Expected Results

Implementation of the Concept will allow:

significantly improve public management of migration flows;

create the conditions for the unimpeded exercise of rights and freedoms of man and citizen;

enhance national security;

harmonize national legislation with international migration, particularly European, standards;

prevent new and existing minimize the negative consequences of uncontrolled migration flows;

ensure the integration of migrants, who are in Ukraine on legal grounds, in society;

migration flows to optimize the effective use of human resources, immigrants return to Ukraine.

6. Sources of funding

Funding for implementation of state migration policy is made by the state and local budgets, funds, technical assistance and other sources – the voluntary contributions of enterprises, institutions and organizations, citizens and their associations.

EXPLANATORY NOTE
to the Law of Ukraine
“On the concept of migration policy”

1. Rationale for adoption act

Draft Law of Ukraine “On the concept of migration policy” (hereinafter – Project) developed by the Ministry of Justice pursuant to the decision of the National Security and Defense Council of Ukraine from June 15, 2007 on the lines of the migration policy of Ukraine and immediate measures to improve its performance, put in action of Decree of President of Ukraine of 20 July 2007, number 657, which stated the conceptual ambiguity of migration policy, as well as according to the letter of the Deputy Prime Minister of Ukraine SL Tigipko on July 5, 2010 № 32804/4/1-10.

2. Goals and ways to achieve

No conceptual definition of migration policy, the principles of public authorities in the management of migration flows, strategic goals, objectives and standards to ensure the realization of human rights does not allow to increase efficiency against phenomena that threaten national security – illegal migration, deterioration of the demographic crisis drain outside the territory of Ukraine and its officers and highly intellectual scope of the working population.

There are two options for solving the problem of migration.

The first option involves the implementation of state migration policy in parallel with improvement fragmented legislative framework on migration, which is unacceptable based on the lack of national vision for overcoming problems in this area.

Second, the best option is to conduct coordinated activities of state bodies according to the Verkhovna Rada of Ukraine approved the concept document, which should provide for systematic and consistent implementation of state migration policy based on common principles, strategic goals, objectives, standards of rights and freedoms.

Therefore proposed the adoption law of the concept of migration policy.

3. Disclaimer

The project is designed in accordance with paragraph 10 of Article 92 of the Constitution of Ukraine, which found that only the laws of Ukraine are determined by principles of regulating migration processes and the decision of the National Security and Defense Council of Ukraine from June 15, 2007 on the lines of the migration policy of Ukraine and urgent measures to improve its performance, put in place by the Decree of President of Ukraine of 20 July 2007 № 657.

Norma concept of migration policy, if the relevant law, serve a specific “road map” of public authorities, notably in the development and adoption of draft laws and other regulations.

4. Financial feasibility

Ministry of Justice proposes to the bill, that funding for implementation of state migration policy is made by the state and local budgets, funds, technical assistance and other sources – the voluntary contributions of enterprises, institutions and organizations, citizens and their associations.

Norma concept of migration policy, if the relevant law will have no direct action (and therefore did not require financing) and will serve as a specific “road map” of public authorities, notably in the development and adoption of draft laws and other regulations regulations. Implementation of legislation is likely in the future will require additional spending from the state budget. However, to predict what regulations will be adopted after adoption of the concept of migration policy and the amount of funding which will require their implementation is extremely difficult.

That is what causes the impossibility to prepare draft financial feasibility.

However, please note that a number of tasks defined by the bill, already made, implemented and funded on the basis of acts of the Government. This example relates to the Cabinet of Ministers of Ukraine of 13 June 2007 № 831 “On approval of the State police target the” Resettlement and reconstruction of the state border “in 2015.

5. Role of stakeholders

Draft sent for approval to the Ministry of Internal Affairs, Ministry of Finance, Ministry of Economy, Ministry of Foreign Affairs, Ministry of Labour and Social Policy, Administration of State Border Service, Security Service of Ukraine and State Committee on Nationalities and Religions.

6. Regional aspect

The bill does not apply to the development of administrative units.

7. Prevention of Corruption

The project no rules and procedures that may include risks of committing corruption offenses.

8. Public discussion

The project requires consultation with the public.

9. Position of social partners

The project does not relate to social and labor sectors.

10. Forecast results

The draft will coordinate activities of state bodies in accordance with the concept document, which will provide common principles, strategic goals, objectives, standards for ensuring human rights and freedoms in the sphere of migration policy.

MinistrOleksandr Lavrinovich

“___” July 2010

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