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Conclusions and recommendations of the international working groups on migration policy issues for Ukraine
Migration policy of Ukraine requires serious reforms, which are not possible without high-quality strategic planning, coordination, resources and political will. We draw your attention to this research, which contains the conclusions and recommendations made by the international working group on migration policy issues for Ukraine's migration policy. Expert conclusions and recommendations has been developed, on the basis of relevant international experience of reforms within the policy areas investigated.
CONCLUSIONS AND RECOMMENDATIONS
Over the last decade the migration policy creation process in Ukraine that was rapidly developing in the 1990s has been paused and its goal and principles have not been defined. Lack of determined work in this sphere causes abundant and sharp problems and they require immediate solutions without any delays. Primarily it relates to the labour migration from Ukraine as during demographic crisis it constitutes a serious threat for labour and intellectual potential of the nation; entails the need to protect the rights of labour migrants, ensure their legal employment abroad, and encourage their return to the homeland and reintegration; causes accumulation of foreign immigrants on the territory of the state, including asylum seekers, as their legal status definition is unreasonably complicated, while clear actions on their integration into Ukrainian society are virtually missing.
As Ukraine has recently joined world migration processes, the society and authorities have not yet realized the need for active migration management. Understanding of migration situation does not meet the current requirements because of existing migration statistics weaknesses and deficiency in adequate scientific assessments of people’s movement. Migration legislation contains numerous shortcomings, while institutional setup is not complete. The need to correct these deficiencies has been repeatedly addressed by the Head of the State and the government, it has also been discussed in the parliament. However, relevant solutions were hindered due to political confrontation and interdepartmental struggle.
Under such conditions the impact of European migration policy which became one of the main directions for the domestic and external EU policies, as well as cooperation with the EU Member States in the sphere of migration can have significant positive implications to ensure the exit of this issue out of the deadlock.
Migration issues were always a part of the agenda between Ukraine and the EU and its Member States. Firstly, migration is inherently an international phenomena and therefore it cannot be regulated exclusively by one country; secondly, migration policy in a democratic society must comply with certain principles, in particular on human rights, developed by the international community and enshrined in recognized international legal instruments, thirdly, efficiency of international cooperation in migration sphere and capacity of the state in migration management are interrelated and interdependent.
The Action Plan on Visa Liberalisation with Ukraine presented on November 22nd 2010, practically does not contain any issues that have not been discussed previously on the national and international levels, in particular in the Ukraine-EU Action Plan on Security, Justice and Home Affairs, Association Agenda or within the framework of the Eastern Partnership. It only emphasizes the issues, solutions of which are needed and will be beneficial for Ukraine.
At the same time the experience of the EU accession of the new Member States shows that implementation of European norms and standards made a significant positive impact on public administration improvement, especially in the field of migration. That is why existence of the Action Plan and its implementation can be regarded as an important external impetus for solving current issues in Ukraine in the sphere of migration.
While choosing the ways and methods for the Action Plan implementation attention should be paid to the international experience in improving migration policy and advancement towards visa free regime of those countries that acquired EU membership and third countries, primarily Western Balkan states. However we should take into account specific Ukrainian political realities, migration situation, available resources as simple copying of foreign experience can’t be productive as well.
Nevertheless, experience of Poland in liberalising the access of foreigners (including Ukrainians) to the national labour market is positive by all means, as Ukrainians are the largest group of temporary foreign workers in the country. Ensuring legal migration of Western Balkan countries their citizens and acquiring visa liberalisation with the EU is another positive example.
International experience also shows that migration policy record, as well as institutional setup cannot be done behind the scenes, exclusively by the efforts of the officials; independent experts, NGO representatives should also be involved and wide public discussion should take place.
Migration policy should be regarded in complex, its understanding should not be limited by mere control and coercive measures; meaningful cooperation between different institutions and between the government and civil society should be established
A legal basis is an essential element of the first phase of reforms, which should foresee development of a clear legal framework for the distribution of power and cooperation of different institutions, as well as filling legislative gaps to ensure all relevant policy elements (such as asylum policy).
Coordination of migration policy should be ensured by a high governmental level in order to overcome administrative resistance, which will arise because of the inevitable redistribution of power and resources.
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