Cross-Border Co-operation / Söderköping Process 2004 SÖDERKÖPING PROCESS CLUSTER MEETINGS: Meeting of the Northern Cluster, Minsk, Belarus, 9–10 September 2004 Meeting of the Central and Southern Cluster, Budapest, Hungary, 28–29 October 2004 This project is funded by the This project is implemented The United Nations High The International Organisation for European Union by the Swedish Migration Board Commissioner for Refugees is a Migration is a project partner project partner Compiled and edited by Myroslava Korenevych, External Relations Expert, Cross-Border Co-operation / Söderköping Process Secretariat Contact: Cross-Border Co-operation Process Secretariat 32-A Sichnevoho povstannya St., Kyiv, 01015, Ukraine Tel: + 380 44 254 5346/47 Fax: + 380 44 288 9850 E-mail: [email protected] www.sodrkoping.org.ua © 2005 European Commission All rights reserved. No part of this publication may be reproduced, stored on a retrieval system, or transmitted in any form by any means electronic, mechanical, photocopying, recording, or otherwise without prior written permission of the publisher. This publication has been produced with the assistance of the European Union. It presents the views of its authors and in no way constitutes any obligation or expresses the official position or views of the European Commission, donor governments, UNHCR, IOM or CBCP Secretariat. 2 CONTENTS FOREWORD 5 PART I. MEETING OF THE NORTHERN CLUSTER, Minsk, Belarus, 9-10 September 2004 EXECUTIVE SUMMARY 6 SUGGESTIONS FOR FOLLOW-UP ACTIVITIES 17 AGENDA 20 LIST OF PARTICIPANTS 22 PART II. MEETING OF THE CENTRAL AND SOUTHERN CLUSTER, Budapest, Hungary, 28-29 October 2004 EXECUTIVE SUMMARY 25 SUGGESTIONS FOR FOLLOW-UP ACTIVITIES 36 AGENDA 38 LIST OF PARTICIPANTS 40 PART III. PRESENTATIONS UPDATE ON THE MOST RECENT DEVELOPMENTS IN THE SÖDERKÖPING PROCESS AND THE ACTIVITIES OF THE CBCP SECRETARIAT SINCE THE LAST SENIOR LEVEL REVIEW MEETING, Myroslava Korenevych, External Relations Expert, Cross-Border Co-operation Process Secretariat 43 UPDATE ON THE NORMATIVE AND INSTITUTIONAL DEVELOPMENTS IN THE LEGISLATION OF THE NORTHERN CLUSTER COUNTRIES, Gaspar Bergman, Head, Cross-Border Co-operation Process Secretariat 45 LEGISLATIVE AND ADIMINISTRATIVE DEVELOPMENTS IN THE CENTRAL AND SOUTHERN CLUSTER COUNTRIES OF THE SÖDERKÖPING PROCESS: From October 2003 till present, Gaspar Bergman, Myroslava Korenevych, Cross-Border Co-operation Process Secretariat 48 THE MOST RECENT DEVELOPMENTS IN THE EU POLICIES AND PRACTICES ON ASYLUM AND MIGRATION: Summary of presentations made in Minsk, September 2004, and Budapest, October 2004, Annabelle Roig, Liaison Officer with the EU Institutions, UNHCR Regional Representation in Belgium 53 UKRAINE’S IRREGULAR MIGRANTS – RECEPTION AND RETURN, Chris Petch, Operations Officer, IOM Mission on Ukraine 58 UKRAINE’S EXPERIENCE WITH THE IMPLEMENTATION OF THE EU ACTION PLAN IN THE FIELD OF BORDER MANAGEMENT IN 2004, Andriy Fedoseev, Chief of Section, Administration of State Border Guard Service of Ukraine 61 3 SUMMARY OF THE TACIS PROJECT KI 03-13 “THE АSSISTANCE TO THE LEGAL AND ADMINISTRATIVE REFORMS IN UKRAINE IN THE SPHERE OF MIGRATION AND REFUGEES’ PROTECTION ACCORDING TO THE NORMS AND STANDARDS OF THE EUROPEAN UNION”, Janas Vidickas, Deputy Director of Migration Department, Ministry of Interior of the Republic of Lithuania 62 ANNEXES ANNEX I. CONVENTION PLUS AT A GLANCE, Convention Plus Unit, UNHCR HQ 64 ANNEX II. MINUTES OF THE MEETING OF THE ADMINISTRATION OF THE STATE BORDER GUARD SERVICE OF UKRAINE AND THE STATE BORDER GUARD OF THE REPUBLIC OF ESTONIA 68 ANNEX III. SUMMARY OF THE CROSS-REGIONAL CO-OPERATION PROJECT BETWEEN UKRAINIAN, HUNGARIAN AND SLOVAK ORGANISATIONS INVOLVED IN REFUGEE PROTECTION, Albert Pirchak, Director, NEEKA 70 4 FOREWORD This publication is a compilation of the minutes and presentations of the meetings of the Northern Cluster and the Central and Southern Cluster countries of the Söderköping process, which took place in 2004. The meetings served as a follow-up to recent EU enlargement and updated the asylum, migration and border guard officials and representatives of NGOs as well as international organisations on the developments that had taken place in the Eastern and Central European countries in this respect. The meetings of the Northern Cluster and Central and Southern Cluster countries, when compared to previous events held within the Söderköping process, took a new focus. The participating countries made an attempt to look into possible ways of sharing with Ukraine, Moldova and Belarus, the experience gained by the newly acceded EU Member States and the candidate country with aligning their migration legislation and practices with the EU Acquis in the process of accession. And this approach will further be developed and deepened, allowing the participating countries to take initiative in identifying the issues of concern and lead the process of finding appropriate solutions. The ideas and suggestions expressed by the participants are being followed-up by the Cross-Border Co- operation/Söderköping Process Secretariat and will be presented at the Senior Level Review Meeting in May 2005, in the interests of formulating specific steps that can be taken by the participating countries – aimed at transposing specific EU standards and legal norms into the legislation of Belarus, Ukraine and Moldova on asylum, migration and border management. Cross-Border Co-operation / Söderköping Process Secretariat 5 PART I. MEETING OF THE NORTHERN CLUSTER Minsk, Belarus, 9-10 September 2004 EXECUTIVE SUMMARY Background On 9-10 September 2004, the European Commission (EC), the Swedish Migration Board (SMB), the United Nations High Commissioner for Refugees (UNHCR), and the International Organization for Migration (IOM) with the support of the Cross-Border Co-operation/Söderköping process (CBCP) Secretariat convened a meeting of the Northern cluster countries of the Söderköping Process in Minsk, Belarus. Asylum, migration, border guard officials and representatives of non-governmental organisations (NGOs) from Belarus, Estonia, Latvia, Lithuania, Poland and Ukraine, as well as representatives of international organisations participated in the meeting. The co-chairs were the SMB, IOM and UNHCR. Purpose of the Meeting The meeting aimed to: • analyse consequences of the establishment of the new EU Eastern border; • provide an update on the most recent developments in the EU asylum and migration legislation; • collect ideas for future co-operation within the Söderköping process and consider proposals for joint actions at the operational level. Opening Remarks Mr. Sergey Matus, Deputy Head, Division for Migration, Refugees and Asylum, Department for Citizenship and Migration, Ministry of Interior of Belarus, Mr. Bernhard Bogensperger, Attache, Delegation of the European Commission to Ukraine, Moldova and Belarus, Mr. Göran Larsson, Head of Department, Swedish Migration Board, Mr. Guy Ouellet, Regional Representative, UNHCR Regional Representation for Ukraine, Moldova and Belarus, and Mr. Andreas Halbach, Regional Representative, IOM Vienna, welcomed the participants. In his opening remarks, Mr. Sergey Matus stressed the fact that Belarus was chosen as a venue for the Northern cluster meeting, and that this in turn represents an ‘act of trust’ to Belarus. Mr. Bogensperger noted that the Northern cluster meeting is ‘historic’ in the discourse of the enlarged EU. He stressed that the EU enlargement aims to reinforce the EU and partner countries. The European Neighbourhood Policy is an instrument by virtue of which such benefits of enlargement as strengthening stability, security, and well-being of all concerned are shared. Asylum and migration issues make an important part of them. In the context of the Söderköping process, the principle of joint ownership should be observed, as the EU aims to commit to certain objectives and actions to bring countries closer in certain priority fields in order to avoid new dividing lines. Mr. Larsson noted that the Northern cluster meeting represents a new phase in the Söderköping process which reflects a more concrete and practical approach to cross-border co-operation. Mr. Ouellet welcomed the participants and congratulated the delegates of Poland, Lithuania, Latvia and Estonia with EU accession. He stressed the importance of understanding the reality of the new border and the fact that neighbouring countries face new challenges. In this context, one of the key elements of the Söderköping process is the transfer of experience from the recently acceded EU Member States to Ukraine, Belarus and Moldova. Mr. Halbach provided an overview of the Söderköping process and the evolution of alternative forms of co-operation, which exert a particular impact on the Newly Independent States (NIS). 6 PART I. MEETING OF THE NORTHERN CLUSTER, Minsk, Belarus, 9-10 September 2004 Presentations An update on the most recent developments in the Söderköping process and the activities of the CBCP Secretariat since the last Senior Level Review Meeting (17 October 2003) was presented by Ms. Myroslava Korenevych, CBCP Secretariat. The Secretariat was actively promoting the process through its information activities, which included briefings for embassies and international organisations, the quarterly newsletter and other publications aimed at collecting and streamlining the relevant information and creating a “database” of the Söderköping process. Currently, the Secretariat is creating a website. The Secretariat has also been