Migration Situation in Ukraine 6Th Conference of European Ministers Responsible for Migration

Migration Situation in Ukraine // 6th Conference of European Ministers Responsible for Migration Affairs. Warsaw, 16-18 June 1996. − Strasburg, 1996.

Written statement by the delegation of UKRAINE to the Sixth Conference of European Ministers responsible for migration affairs

Warsaw, 16-18 June 1996

Migration situation in Ukraine

The current migration situation in Ukraine was formed under the influence of different political, socioeconomic, ethnic, internal and external factors. In general, it remains rather difficult and sometimes the difficulties are becoming even more acute.

In the beginning of the 1990s Ukraine enjoyed a better, comparing to other CIS states, economic situation. This caused a strong annual increase in the immigration flows into Ukraine. Since the end of 1993 the tendency took the opposite direction. Since 1994 the unfavourable balance in migration movements in Ukraine increased.

In 1995, it constituted 42.5 thousand people with the Baltic states and the CIS states and 47.7 thousand people with far abroad states. In general, 1992 through 1995 1 233 640 people have entered Ukraine for permanent residence and 1 154 554 have left Ukraine. The composition of migration flows is also unfavourable for the social and demographic situation in the country. For example, ethnic Ukrainians are less than a half of those entering Ukraine. At the same time Ukraine is losing highly educated people who are able to work and have children. This negative migration tendency coupled with a negative demographic tendency might result in dramatic consequences. To prevent them the state has to do its best to develop appropriate migration legislation.

Foreigners constitute a separate category of migrants in Ukraine. First, to this category belong those who come from the countries of former Soviet Union, escaping from armed or interethnic conflicts. Second, there are so called traditional foreigners.

The first category is mainly formed by the immigrants from Caucasian states, namely Georgians, Azerbajdzans, Armenians and Chechenians. It is necessary to underline, that only a few of them apply for refugee status. For example, in 1995 the total number of these people constituted nearly 160 000.

Among them only 5 000 were asylum seekers, including 1 500 asylum seekers from Chechnja. The others use different ways to obtain entry to Ukraine, become engaged in trade, private business, and sometimes in criminal business.

During 1995, 6664 traditional foreigners came to Ukraine. In this period the state authorities found 55 000 people who violated the rules of settlement in Ukraine. 219 of these were deported from the country. Since 1994, the UNHCR has registered in Ukraine 4 500 asylum seekers, who have the intention of obtaining refugee status.

All this testifies clearly to the fact of extensive illegal migration in Ukraine. During 1995, state authorities arrested 9 421 illegal migrants and found 144 channels of illegal igration. The respective authorities point to the organized international mechanism of migration through Ukraine. Both legal (e.g. tourism, scholarships, commercial activity, transit visas etc.) and illegal way are used for migration business. Some foreigners who illegally stay in Ukraine are closely linked to trafficking, to drugs, to arms smuggling and to organized crime. They are often also of great damage for the health of Ukrainian citizens.

Ukraine attracts some illegal immigrants by its geographical situation, as the convenient point for the further migration westward. Others are attracted mainly by the social situation in the country. Compared to other countries, they can spend relatively small amount of currency and have satisfactory living conditions. So, the improving of the socioeconomic situation might cause the increase of the interest into Ukraine from the side of immigrants, and therefore will increase the immigration flow into Ukraine, including illegal immigration.

The return of formerly deported people makes the migration situation in Ukraine even more complex. 238 000 Crimean Tatars and 12 000 of Armenians, Bulgarians, Greeks, Germans have already returned to Crimea. According to the predictions of the Crimean authorities an additional 200-220 000 Crimean Tatars and several tens of thousands of people of other nationalities might return to Crimea. The experience with this category of immigrants shows that the problems of social (education, job) rehabilitation of these people, as well as revival and developing of the ethnic clusters are complex, long- term and expensive ones. We recognize that serious challenges in this sphere cannot be met by the limited resources and experience of Ukraine alone, without the support and assistance of international community. It also depends a lot on the development of the legislative process, particularly from legal confirmation of the obligations of the state to rehabilitate the rights of deported people.

Migration legislation in Ukraine is not appropriate so far for satisfactory regulation and management of migration flows. For example, it is necessary to adopt as soon as possible the Law of Ukraine About Immigration, as well as make necessary amendments to the existing acts concerning the legal status of foreigners.

An acute problem for Ukraine is the codification of migration legislation. The migration legislation of Ukraine is constituted by several legislative acts, prepared by different organs, which do not always agree with each other. To our view, all legislation on migration should be brought into one general Migration Act, as has been done by other states.

Several state organs in Ukraine deal with different migration issues: Department in the Ministry of Interior, Border Guard, Department in the Ministry of Foreign Affairs, Department in the Ministry of Labour, Department in the Ministry for Nationalities and Migration, Department in the Ministry of Chernobyl and so on. Each organ covers a definite sphere, but does not at present always work in line with the activity of the others. So, it is necessary to have appropriate co-ordinating organ to bring the activity of each department into conformity with the others.

Іt is also necessary to elaborate a general state programme, dealing with all categories of migrants existing in "Ukraine, and in line with international norms and sta-iaris as well as relevant international obligations in the field of migration.

The last two years have revealed that emigration is another acute problem for Ukraine. To some extent different aspects of the emigration processes are in the sphere of activity of the Ministry of Labour, Ministry of Statistics and the Ministry of the Interior. Howev e r. none of the state organs provides a full analysis of emigration situation.

According to approximate estimates, only 15-16 per cent of the foreigners with indefinite status have the intention of legal settlement in Ukraine, and thus are registered and supervised by respective state organs. The State organs dealing with migration encounter significant difficulties, in particular inadequate financial support, lack of trained personnel and so on. Inadequate financial resources coupled with lack of trained personnel delayed the implementation the Law of Ukraine About Refugees.

Being adopted in December 1993 is implementation started only in January 1996.

However, the new legislative, political social, economic and ideological aspects of the migration process are leading to a strengthening of the efforts of the state to cope with them, and this is a hopeful sign.

Volodymyr B. Yevtoukh

Minister

Ministry for Nationalities and Migration