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REGIONAL MIGRATION REPORT: EASTERN EUROPE Edited by: Anna Bara, Anna Di Bartolomeo, Zuzanna Brunarska, Shushanik Makaryan, Sergo Mananashvili, and Agnieszka Weinar is Report has been published by the European University Institute, Robert Schuman Centre for Advanced Studies, Migration Policy Centre within the framework of the CARIM-East project. © European University Institute 2013 The Migration Policy Centre at the European University Institute, Florence, conducts advanced research on global migration to serve migration governance needs at European level, from developing, implementing and monitoring migration-related policies to assessing their impact on the wider economy and society. The CARIM-East project is the first migration observatory focused on the Eastern Neighbourhood of the European Union and covers all countries of the Eastern Partnership initiative (Belarus, Ukraine, the Republic of Moldova, Georgia, Armenia and Azerbaijan) and Russian Federation. More information about CARIM-East and links to an electronic version of this file, which is available free of charge, may be found on the project website at www.carim-east.eu For queries regarding this publication, please contact the MPC at [email protected] CONTACTS Migration Policy Centre Robert Schuman Centre for Advanced Studies European University Institute Via delle Fontanelle 19 I-50014 San Domenico di Fiesole (FI) Italy Tel: (+39) 055 4685 817 Fax: (+39) 055 4685 770 Email: [email protected] MPC website: www.migrationpolicycentre.eu CARIM-East website: www.carim-east.eu e CARIM-East project is co-nanced by the European Union. is publication reects the views only of the author(s), and the European Commission cannot be held responsible for any use which may be made of the information contained therein. Table of Contents Foreword 5 Chapter 1: Statistical Data Collection on Migration Statistical Data Collection on Migration in the Republic of Belarus 11 Statistical Data Collection on Migration in Moldova 25 Statistical Data Collection on Migration in Ukraine 35 Chapter 2: Legal Framework on Migration and Asylum Legal Framework of Migration - Belarus 53 Legal Framework of Migration - Moldova 63 Legal Framework of Migration - Ukraine 75 Chapter 3: Institutional and Policy Framework on Migration and Asylum The Migration Policy of the Republic of Belarus 87 Republic Of Moldova Immigration: Volume And Policy 91 National Strategy for Migration and Asylum: an Attempt of Holistic and Integrated Approach 101 towards Migration Issues in Moldova Evolution of Institutional Framework Focussing on Migration and Asylum Issues in Ukraine 107 since 1991 Chapter 4: Circular Migration The Demographic and Economic Framework of Circular Migration in Belarus 117 The Legal Framework for Circular Migration in Belarus 127 Circular Migration: Belarus 137 The Demographic and Economic Framework of Circular Migration in Moldova 145 The Legal Framework for Circular Migration in Moldova 153 Circular Migration of the Population of the Republic of Moldova 163 The Demographic and Economic Framework of Circular Migration in Ukraine 173 The Legal Framework for Circular Migration in Ukraine 181 Developing Circular Mobility: Observations from Ukraine 189 Chapter 5: Return and Readmission Information on Foreigners Deported, Expelled and Voluntarily Repatriated from Belarus 201 Readmission, Return and Reintegration: Legal Framework in the Republic of Belarus 209 Readmission, Return and Reintegration: Belarus 219 Return, Readmission and Reintegration of Migrants. The Case of Moldova 229 Return, Readmission and Reintegration: The Legal Framework in the Republic of Moldova 235 Readmission, Return and Reintegration: Moldova 251 Readmission, Voluntary Return and Reintegration in Ukraine 261 Return, Readmission and Reintegration: The Legal Framework in Ukraine 269 Readmission, Return and Reintegration of Migrants in Ukraine: Socio-Political Context 277 Chapter 6: Trafficking in The Human beings Human Trafficking in Belarus 289 Legal Aspects of Combat Against Human Trafficking in the Republic of Belarus 295 Combatting Human Trafficking in the Republic of Belarus 305 Human Trafficking in Moldova 311 Legal Aspects of Combating Human Trafficking in Moldova 317 Preventing Human Trafficking: the Republic of Moldova 325 Human Trafficking Trends in Ukraine 339 Some Aspects of Ukrainian Legislative Reform Relating to Combating Against Human 347 Trafficking The Policy of Combating Trafficking in Human Beings: the Ukrainian Context 353 Chapter 7: Emigration and Diaspora Policies Emigration and Diaspora in Belarus 361 Moldova: Emigration And Diaspora 365 State Policy on Emigration and Diasporas in Ukraine 375 Chapter 8: The Discourses on Migration The Role of Migration in the Political System of Belarus 383 Migration Issue in Programs and Platforms of Political Parties in Moldova 389 Migration Rhetoric in the Programs of Ukrainian Political Parties 395 Public Debate on the Law on Refugees in Ukraine 401 Chapter 9: Asylum seekers, refugees and IDPs: recognition, social protection and integration Forced Migration in Belarus 409 Access of Refugees and Asylum Seekers to Socio-Economic Rights in the Republic of Belarus 415 Asylum Seekers, Refugees and Internally Displaced Persons in the Republic of Belarus: 421 Challenges to Social Cohesion Asylum Seekers, Refugees and IDPs in Moldova 42 Access of Refugees, Asylum Seekers and IDPs to Socio-Economic Rights in the Republic of 435 Moldova Asylum Seekers, Refugees and Displaced Persons in Moldova: Problems of Recognition, 445 Social Protection and Integration Asylum Seekers, Refugees, and Internally Displaced Persons in Ukraine 455 Socio-Economic Rights of Migrants, Refugees and Persons Who Were Granted Supplementary 463 or Temporary Protection in Ukraine Asylum Seekers and Refugees in Ukraine: Recognition, Social Protection and Integration 471 FOREWORD Eastern European countries, i.e. Belarus, Moldova and Ukraine, share a common land border with the European Union. This border divides nations, communities, families and while the border has moved, through European history, the people on either side rarely have. They, in fact, built strong cultural and personal ties in the periods of living together, ties that endured subsequent divisions by state lines. These ties influence the ongoing mobility of Eastern Europeans today. The present report sheds some light on the various issues concerning migration and mobility in the region. Following the wider patterns of most states emerging from the collapse of the Soviet Union, all three countries have experienced emigration and immigration in the 1990s, mainly in an ethnic key. These included emigration not only to other post-Soviet states but also kin-migration to countries currently forming part of European Union: particularly Germany and Poland. Ukraine and Moldova still tend to be countries of emigration rather than immigration. Belarus, on the other hand, is not a clear-cut case: the administrative data show clear positive net-migration, but they do not capture the important outflow of Belarusians to the Russian Federation, which goes practically unrecorded due to the specificities of the administrative and the legal framework: the free movement of workers between the two countries and the tendency of migrants to avoid registration. Ukrainian migrants follow the historically established corridors: inhabitants of Western Ukraine follow the route to the European Union; while those from its Eastern part choose the Russian Federation. This results in an almost equal distribution of flows. Ukrainians also have a higher propensity to circulate and be mobile than other Eastern Europeans. Moldovan migratory movements are very specific. They are directed towards the Russian Federation (for the Russian-speaking population), Romania (for speakers of Romanian and people qualifying for Romanian citizenship), and Italy (particularly for Romanian-speakers). Moldovan migration to the EU tends to be more permanent and to include a higher proportion of women. All three countries have been exposed to varied migratory pressures: Ukraine and Belarus lie on the main migratory routes to the European Union. They have experienced the consequences of stranded asylum seekers populations coming not only from other CIS countries, but from further afield: for example, from South-East Asia and from the Middle East. Moldova has not yet been strongly affected by such flows. In order to cope with various situations on the ground the countries have established specific migration policies that include cooperation with their two biggest neighbours: the European Union and the Russian Federation. Belarus is not party to the European Neighbourhood policy and it is a rather reluctant partner of the Eastern Partnership Initiative. However, it is a member of the EurAsEC Customs Union and Eurasian Economic Community, cooperating on migration at the 7 bilateral level with EU Member States and other regional partners outside these frameworks. Ukraine and Moldova have had a more EU-focused agenda in migration terms, both being among the first wave to sign and implement the bilateral and EU readmission agreements and visa facilitation agreements. In both countries, migration and asylum legislation has undergone considerable changes as a consequence of implementing the EU Visa Liberalisation Action Plans. However, in all three cases border management, the fight against irregular migration, trafficking in human beings as well as asylum policies have been at the top of the agenda, while considerations
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