Iryna Prybytkova
(Kyiv)
MIGRATION PATTERNS AND POLICIES IN UKRAINE
Abstract
Based on available experience in the sphere of migration research
and migration management, the author of this report sought to
provide the general summary of migration situation in Ukraine in
2002-2004 from a diverse array of often unrelated migration
processes of different nature, development patterns, underlying
conditions and implications. As the methodological framework for a
holistic picture of migration developments in Ukraine, the
migration-related legislation of the country was used. The
legislation served as a "bearing construction" for the present
report: each sections or paragraphs of the report are firmly based
on relevant migration-related laws and implementing regulations.
• In 2004, the overall number of registered migration movements
within Ukraine (i.e. all migrants, regardless of their destinations,
regions, countries and settlement types) reached more than 1.5
million (1,586,373 persons). Internal (inter-regional and
intra-regional) population movements represent the overwhelming
majority of all migration movements in Ukraine - or 94.7% of all
migration movements. The share of inter-state migration exchanges
(including both CIS counties and non-CIS countries) reaches only
5.3% of all migration movements (comparatively to 92.3% and 7.7%,
respectively, in 2002).
• Migration losses of Ukraine are mainly associated with migration
exchanges with non-CIS countries. In recent years, these migration
losses demonstrated a decreasing trend: for example, in comparison
to 2000, migration losses of Ukraine due to migration exchanges with
non-CIS countries decreased in 2.5 times in 2003 (from 40.7 thousand
to 16.4 thousand persons), while migration losses due to migration
exchanges with CIS-countries increased in 1.3 times (from 5.9
thousand to 7.8 thousand persons). Migration exchanges with non-CIS
countries are mainly represented by emigration to Germany, the
United States and Israel.
• The emigration to non-CIS countries is associated with both
quantitative and qualitative population losses, because emigrants
are mainly represented by persons of employable age with high
education levels.
• As earlier, the range of key migration partners of Ukraine
incorporate the Russian Federation, Belarus, Moldova, Uzbekistan and
Kazakhstan. The largest migration exchanges exist between Ukraine
and the Russian Federation and every year Ukraine gradually losses
its citizens. Comparing to the period of 1999-2000, migration losses
of Ukraine to the Russian Federation substantially increased. Annual
population losses in the migration exchange with Belarus, which also
has a net migration surplus in migration exchange with Ukraine, tend
to decrease gradually. In migration exchanges with all other CIS
countries and the Baltic States, Ukraine has a net migration
surplus. In 2000, due to inflow of immigrants from these countries,
the population of Ukraine increased by almost 8 thousand persons,
while in 2002 the relevant figure reached 10 thousand and in 2003 –
8.6 thousand persons.
• In its migration exchanges with CIS countries, the Baltic States
and non-CIS countries, Ukraine mainly losses its citizens of Russian
and Ukrainian ethnic groups. In 2003, to a some extent, these
migration losses were covered by immigration of Crimean Tatars to
Ukraine (1313 persons), Armenians (611 persons), Moldavians (212
persons), Georgians (285 persons).
• Migration losses in 2003 were observed in almost all regions of
Ukraine, except AR Crimea, Kharkivska Oblast, Kyiv and Sevastopol. A
fairly large net migration surplus was registered in Kyiv (22.2
thousand persons).
• In the last decade, the migration legislation of Ukraine was
developed in two phases, separated by approval of the Constitution
of Ukraine on June 28, 1996. Before June 1996, the basic framework
for regulation of migration processes was established, including
approval of framework laws "On Citizenship of Ukraine"”, ”On the
State Border of Ukraine”, ”On Refugees”, ”On Legal Status of
Foreigners”, ”On Procedures of Entry to Ukraine and Departure from
Ukraine of Citizens of Ukraine”. In parallel, implementing
regulations were approved to provide mechanisms for implementation
of the above laws. After approval of the Constitution of Ukraine,
the key objectives in the sphere of migration management were
defined by the need to harmonise the due legislation with
requirements of the Constitution and applicable international human
rights agreements, ratified by Ukraine from the one hand, and the
need to complete development of the migration legislation of
Ukraine, from the other hand. By 2001, these works were largely
completed.
• Migration management is regulated by laws of Ukraine exclusively.
The sphere of migration management covers both legal and illegal
migration. The State Committee of Ukraine for Nationalities and
Migration is the leading governmental body in charge of management
of legal migration, while the Ministry of Interior is the leading
governmental body in charge of combating illegal migration. Now,
Ukraine considers issues of establishment of a single governmental
agency in charge of migration management.
• The State Committee of Ukraine for Nationalities and Migration
fulfils its migration management functions in the sphere of legal
migration in close co-operation with other executive bodies.
Implementation of co-ordinated joint actions with the Ministry of
Interior, the Ministry of Foreign Affairs, the Ministry of Labour
and Social Policy, the Ministry of Public Health and the State
Committee of Ukraine for the State Border Security allows to address
problems associated with refugees and legal immigrants in Ukraine.
• In the sphere of combating illegal migration, the Ministry of
Interior fulfils its functions in close co-operation with the State
Border Guard Service.
• Law of Ukraine on Legal Status of Foreigners defines the following
migration flows to Ukraine: immigrants; persons who migrate to
Ukraine for temporary employment; persons who temporarily stay in
Ukraine legally; persons who may qualify for asylum in Ukraine
according to the Constitution of Ukraine and the due legislation of
Ukraine; foreigners and stateless persons who may be granted refugee
status according to Law of Ukraine on Refugees; illegal migrants.
• Conditions and procedures of immigration of foreigners and
stateless persons to Ukraine are defined by Law of Ukraine on
Immigration, that stipulates immigration quotas and specifies powers
of bodies in charge of immigration management in Ukraine. There are
legal and illegal immigrants. The immigration quotas are set by the
Cabinet of Ministers of Ukraine for specific categories of
immigrants.
• The majority of immigrants to Ukraine (three quarters) belong to
non-quota immigrants (80807 persons in 2003). The above category
mainly incorporates migrants from CIS countries and the Baltic
States. The number of quota immigrants is smaller - 27694 persons
(25.5%). The latter category mainly incorporates persons who are
relatives of citizens of Ukraine (16872 persons) or relatives of
immigrants (9972 persons). On 31 March, 2004, the Cabinet of
Ministers of Ukraine introduced its immigration quota for 2004. In
comprising to 2003 the quota was decreased by 9 thousands persons
(from 23982 to 15130).
• One of the main contemporary migration flows is represented by
repatriates - i.e. persons who voluntarily migrate to countries of
their citizenship or origin for permanent residence. In 2002, bodies
of the Ministry of Interior of Ukraine issued certificates on
admission to citizenship of Ukraine by territorial origin to 44826
persons, while in 2003, 24226 applications on admission to
citizenship of Ukraine by territorial origin were processed. Besides
that, 822 persons were admitted to citizenship of Ukraine in
connection with Ukrainian citizenship of their parents.
Representatives of the formerly deported peoples also belong to the
category of repatriates.
• Persons, who were granted refugee status in Ukraine, are entitled
the same rights, freedoms and duties as citizens of Ukraine,
however, with some exceptions stipulated by the Constitution of
Ukraine, laws of Ukraine and international agreements of Ukraine. In
2001, there were 3040 foreigners with refugee status in Ukraine -
the figure exceeds relevant numbers of refugees in Poland, Belarus
and Lithuania together. According to the State Committee of Ukraine
for Nationalities and Migration, in 2003, bodies of the Migration
Service received 1215 applications for refugee status. From the
above number of applicants, 429 persons were allowed to initiate
processing of their applications for being granted refugee status in
Ukraine according to the new version of Law of Ukraine on Refugees.
In 2003, 56 applicants were granted refugee status, applications of
144 persons were rejected, while other applications are under
review.
• Refugees who reside in Ukraine for at least three years since
recognition are also eligible for immigration permits (permanent
residence permits) that provide access to social and economic rights
– equal to Ukrainian nationals. The quota for refugees was increased
from 1400 in 2003 to 1548 in 2004.
• The majority of foreigners who applied to bodies of the Migrations
Service for refugee status in Ukraine, stayed earlier in other CIS
countries, but had not applied for refugee status there. After their
arrival in Ukraine (generally illegally), they seek to legalise
their status in Ukraine for further migration to EU Member-states.
• The range of formerly deported peoples incorporates Crimean
Tatars, Bulgarians, Greeks, Armenians and Germans, who returned to
Ukraine (particularly to the AR Crimea) after 1989. According to the
Nation-wide Census-2001, 248.2 thousand Crimean Tatars stayed in
Ukraine, including 243.4 thousand Crimean Tatars in the Autonomous
Republic of Crimea. According to the State Committee of Ukraine for
Nationalities and Migration, as at 2000, 1767 formerly deported
Germans stayed in 7 southern oblasts of Ukraine - they returned to
Ukraine in 1992-1993. Besides that, 10116 Meskhetian Turks stay now
in Ukraine - they migrated to Ukraine in early 1990s.
• Environmental migrants in Ukraine are represented by former
residents of the radioactive contamination zone of the Chernobyl
NPP. Since 1990, 15066 families and single residents were mandatory
evacuated from the zone (35856 persons in total); while 31686
residents leaved the area voluntarily. At the same time, 881 persons
returned later to their former places of residence in the exclusion
zone as of 01.01.2004.
• Pursuant to provisions of the Program for Combating Illegal
Migration for 2001-2004 (approved by Presidential Decree No. 22 of
18.01.2001), the Ministry of Interior of Ukraine, jointly with other
central executive bodies, implement organisational and practical
actions to combat illegal migration. In 2003, bodies of the Ministry
of Interior, reported 17390 illegal migrants, deported 13548 persons
from Ukraine, transferred 224 case material to units of the State
Border Guard Service and the Security Service of Ukraine for
initiation of criminal cases under articles 331 and 332 of the
Criminal Code of Ukraine. Comparatively to 2002, in 2003, efficiency
of control of compliance with the Rules of State of Foreigners in
Ukraine and combating illegal migration somehow improved.
• Comparatively to 2002, in 2003, the number of foreigners
apprehended for illegal crossing of the state border of Ukraine
increased in 100%. The largest numbers of apprehended illegal
migrants were registered at borders with Hungary, Belarus and
Russia. Attempts to enter Ukraine illegally were mostly registered
at borders with Belarus and Russia, while attempts to enter
neighbouring countries illegally were mainly registered at borders
of Hungary and Slovakia. In order to cross the border, illegal
migrants mainly used fraudulent or altered documents.
• More serious criminal sanctions were introduced against persons
who organise and facilitate illegal movements of foreigners and
stateless persons through borders of Ukraine. The majority of
criminal cases under article 332 of the Criminal Code of Ukraine
were initiated against citizens of Ukraine and Russia.
• The majority of administrative cases under articles 185-10, 202,
203, 204, 206 of the Code of Ukraine on Administrative Offences
(CoAO) were initiated in connection with violation of the due border
legislation at borders with the Russian Federation, the Republic of
Moldova and the Republic of Belarus.
• According to inter-state agreements of Ukraine with neighbouring
countries on transfer and admission of apprehended border violators,
in 2003, Ukraine transferred 1683 foreigners to border guard
services of neighbouring countries. These transfers were mainly made
at borders with the Russian Federation, the Republic of Moldova and
the Republic of Belarus. As for neighbouring countries, apprehended
foreigners were mainly transferred to Ukraine by Poland, Slovakia
and (more rarely) by Hungary.
• In terms of nationalities of foreigners, who were transferred to
border guard services of neighbouring countries in 2003, they were
mainly represented by citizens of Moldova, Belarus, China, India and
Russia. At the same time, foreigners, who were transferred to
Ukraine by border guard services of neighbouring countries, were
mainly represented by citizens of China, India, Afghanistan,
Vietnam, Turkey and Pakistan.
• According to the State Committee for Statistics of Ukraine, the
share of registered unemployed persons relative to the employable
population reached 3.6% in December 2004. However, if we assess the
number of the unemployed applying the methodology of the
International Labour Organisation we would get a twice higher
figure, while relative to the employable population the share would
reach 8.4%). High uncertainly of the labour market of Ukraine and
the need to look for alternative sources of income facilitated flows
of labour migration from Ukraine. According to the Institute of
Social Studies of the National Academy of Sciences of Ukraine, as of
early 2005, members of 12.1% of Ukrainian households had some
experience of employment abroad.
• According to the Ministry of Labour and Social Policy of Ukraine,
in 2003, 38161 persons were temporarily employed abroad - these
persons were employed either directly by the Ministry of Labour and
Social Policy of Ukraine (via State Employment Centres and according
to bilateral employment treaties), or by employment mediation
companies, that were granted official licences by the Ministry. The
majority of labour migrants of the above category have hired
employment in non-CIS countries.
• The most often, these labour migrants are represented by
middle-age men with higher or professional education.
• The lion's share of labour migrants who work in CIS countries and
the Baltic States have professional education. In the case of
contracted labour migrants to non-CIS countries, shares of migrants
with higher education and professional education are almost equal.
Ukrainian labour migrants almost never go for employment in CIS
countries and the Baltic States for more than a year. In the case of
labour migration to non-CIS countries, less than 2% of Ukrainian
migrants work there for more than a year.
• Foreigners also find jobs at the Ukrainian labour market: as at
late 2003, there were 4138 temporarily employed foreign nationals.
Two thirds of them were citizens of non-CIS countries. In 2003, more
than a half of the labour migrants from CIS who applied for
employment permits in Ukraine, were citizens of the Russian
Federation.
• Labour migration of Ukrainian citizens abroad, as well as illegal
migration in Ukraine endanger the national security of the country.
These problems need a particular attention of the state to ensure
they are addressed by legal and organisational measures.
|
