INFORMED MIGRATION REFERENCE GUIDE FOR MIGRATION PRACTITIONERS AZERBAIJAN This guide is prepared in co-operation with the Ministry of Foreign Affairs of the Republic of Azerbaijan through funding of the Organisation for Security and Cooperation Europe. Published September 2004 by: IOM Azerbaijan 43a. Böyük Qala • Baku • Azerbaijan Tel: +(994 12) 497 04 32, +(994 12) 497 43 12 Fax: +(994 12) 492 49 14 E-mail: [email protected] Internet: www.iom.int All rights reserved. No part of this publication may be reproduced, stored in a retrieved system or transmitted in any form by any means electronic, mechanical, photocopying, recording or otherwise without prior written permission of the publisher. ACKNOWLEDGEMENT Without the assistance and contributions of our partners it would have been impossible, to prepare this guide book for practitioners and those interested in the field of migration practice in Azerbaijan. IOM Azerbaijan would therefore like to express its gratitude to: Ministry of Foreign Affairs, Department of Human rights, Democratisation and Humanitarian Problems Unified Migration Management Commission (UMMC) Organisation for Security and Co-operation in Europe (OSCE) United Nations High Commissioner for Refugees (UNHCR) Norwegian Refugee Council (NRC) Centre for Legal Assistance to Migrants (CLAM) IOM is committed to the principle that humane and orderly migration benefits both migrants and society. As an intergovernmental body, IOM acts with its partners in the international community to: • advance understanding of migration issues; • encourage social and economic development through migration; • work towards effective respect of the human dignity and well-being of migrants. INDEX INDEX Preface 1 Editorial note 3 1. Main principles of national migration policy 4 1.1 Preface 4 1.2 Azerbaijan migration policy 4 1.3 Legal basis 5 2. Admission 7 2.1 Preface 7 2.2 Admission procedure and requirements 7 2.2.1 Refugees seeking asylum 8 2.3 Countries whose nationals are subject to visa for border 8 crossing 2.3.1 Facilitated border crossing rules 9 2.3.2 Visa free regime due to bilateral or multilateral agreements 9 2.4 Visa 10 2.4.1 Entry visa 11 2.4.2 Return visa 11 2.4.3 Transit visa 11 2.4.4 Exit visa 12 2.4.5 Labour visa 12 2.4.6 Students entry and exit 12 2.5 Extension of visa 13 2.6 Transit migration 13 3. Residence 14 3.1 Preface 14 3.2 Registration of foreigners upon arrival in Azerbaijan 14 3.2.1 Temporary stay 14 3.2.2 Long term residence 15 3.3 Documents allowing for a long term residence 15 3.4 Renewal, repeal and conversion 17 4. Integration 19 4.1 Preface 19 4.2 General principles 19 4.2.1 Integration of refugees 20 4.3 Housing 21 4.4 Employment 22 4.5 Health services 22 4.6 Social Services available during residence 22 4.7 Education 23 4.7.1 Schooling system 23 INDEX 4.7.2 Procedures, timing and documents required for enrolment 24 4.7.3 Schooling facilities and adults 24 4.7.4 Recognition of diplomas 24 4.8 Vocational training 25 4.9 Civil and political participation 25 4.10 Discrimination 25 5. Citizenship 26 5.1 Preface 26 5.2 Citizenship acquisition 26 5.3 Renouncing the original citizenship 28 5.4 Loss of the citizenship 28 5.5 Re-acquisition of citizenship 28 5.6 Procedure in case of refusal or (re-)acquisition of citizenship 29 5.7 Statelessness 30 6. Exit 32 6.1 Preface 32 6.2 Exit Azerbaijan 32 6.3 Expulsion 33 6.3.1 Re-entry possibilities 34 6.4 Right to counsel 34 6.5 Assisted voluntary return programmes 35 6.6 Readmission 35 7. Internal Displacement 37 7.1 Preface 37 7.2 Internal Displacement in Azerbaijan 37 7.3 Overview of national legislation 38 7.3.1 Status and registration of displaced persons 39 7.3.2 Provisions for displaced persons 39 7.4 Appeal to court 42 7.5 Normative basis on status IDPs 42 8. Asylum 44 8.1 Preface 45 8.2 Procedures and requirements for asylum application 45 8.3 Decisions regarding application 46 8.4 Assistance granted before the acceptance of asylum 47 application 8.5 Acceptance of asylum application 47 8.6 Denial of asylum application and relevant consequences 47 8.7 The refugee status determination department 48 9. Combating trafficking and smuggling 49 9.1 Preface 49 9.2 Trafficking 50 9.2.1 Legal framework 51 INDEX 9.2.2 Protection, repatriation and reintegration of victims of 52 trafficking 9.3 Smuggling 53 Annexes 1 The State Migration Management Policy Concept of the 54 Republic of Azerbaijan 2. Abbreviations 61 3. Reference Institutions 62 4. Diplomatic Missions of Azerbaijan 64 5. Application Forms: 65 a. Facilitated Border Crossing 66 b. Visa issuance 67 c. Temporary stay 68 d. Issuance of identity card to persons without citizenship under 69 16 e. Issuance of identity card to persons without citizenship over 70 16 f. Issuance of identity card to persons without citizenship to 71 travel abroad g. Issuance of identity card on the foreign resident registration 72 h. Citizenship acquisition 73 6. Glossary of migration terminology 74 PREFACE PREFACE As a result of globalization and the intensification of relations and cooperation worldwide, migration related issues are becoming increasingly important. Effective management of migration process is an important condition in prevention of its negative consequences. Possible link between irregular migration, organized crime and terrorism can be a real threat for security of all states. Migration is a relatively new phenomenon for post-Soviet countries , including Azerbaijan, only newly restored its independence. Taking this into consideration, in order to effectively manage migration, it is very important to apply relevant practices of developed countries with greater experience as well as international organizations. In this regard, the Government of Azerbaijan attaches great importance to joint international cooperation in furthering the orderly and humane management of migration. Since 1997, a number of projects have been implemented in our country as a result of fruitful co-operation between the Republic of Azerbaijan and the International Organization for Migration (IOM). One of these projects is Informed Migration Guide compiled by IOM for use by a diverse and wide audience. We strongly believe that information included in this Guide will be used as a reference tool by people dealing with migration related issues and promote understanding of migration among a wider audience. This Guide will assist in confronting current challenges and fostering the application of relevant methods of migration management. In conclusion, we would like to express our respect for the International Organization for Migration for its contribution in the preparation of Informed Migration Guide as well as our assurances for continued cooperation in this direction. Mahmud Mammad-Guliyev Deputy Minister of Foreign Affairs 1 PREFACE PREFACE This Informed Migration Guide has been compiled on the request of the government by IOM to serve as a central source where overall migration information is easily accessible for government officials, migration practitioners, academics, students, IGOs, NGOs and foreigners. This guide will no doubt contribute to the implementation of above mentioned decrees and development of humane and orderly management of migration in Azerbaijan. Two important decrees have been issued in Azerbaijan in 2004, which largely will contribute to orderly and humane management of migration beneficial to the country and its migrants. The decree on the National Plan of Action to combat trafficking in persons and the decree on a Unified Migration Management Policy are guiding this objective from a government’s responsibility to protect the rights of migrants and nationals, as well as the States’ rights and obligation to protect borders, to confer nationality, to admit and expel foreigners, and to safeguard national security. These new instruments are designed from parameters set by international principles, standards and norms on migration. However, there is no central point – a unified migration law, where all national regulations come together. Discrepancies and scattering of migration regulating norms in Azerbaijan contribute to confusion on migrants’ rights and obligations, as it also allows for inappropriate application by officials. Moreover, there is sometimes uncertainty about the exact content or intent of these instruments and lack of knowledge as to the status in conjunction with the international principles. A further related issue is the still insufficient dissemination of information about migrants’ rights and duties at all levels in the national administration to be applied by migration officials. As much as migration refers to an actual movement of a person, the subject is dynamic and will continue to change in responses and directions. It applies to a national level, where Azerbaijan now is much considered as a country of origin in migration, but that has a potential to grow into a destination country. Such changing perspective requires a flexible set of administrative measures. The principal of this guide is to serve as reference tool, systemising the core of existing regulations against an international best practice. Joost van der Aalst Chief of Mission IOM Azerbaijan 2 PREFACE Editorial note Each chapter of this manual begins with an introduction detailing best international practices; these best practices and international standards will help to identify needed areas of improvement. To render the guide a user-friendly information tool, the following three symbols were inserted: In-depth information Documents needed Requirements and Procedures 3 PRINCIPLES 1. MAIN PRINCIPLES OF NATIONAL MIGRATION POLICY 1.1 PREFACE The issue of migration management is becoming increasingly important because of the ever-growing number of people migrating either as a voluntary choice or as result of forced movement.