Migration situation in Ukraine

The current migration situation in Ukraine was formed under the influence of

different political, socioeconomic, ethnic, internal and external factors. In general, it

remains rather difficult and sometimes the difficulties are becoming even more acute.

In the beginning of the 1990s Ukraine enjoyed a better, comparing to other CIS

states, economic situation. This caused a strong annual increase in the immigration

flows into Ukraine. Since the end of 1993 the tendency took the opposite direction.

Since 1994 the unfavourable balance in migration movements in Ukraine increased.

In 1995, it constituted 42.5 thousand people with the Baltic states and the CIS states

and 47.7 thousand people with far abroad states. In general, 1992 through 1995 1 233

640 people have entered Ukraine for permanent residence and 1 154 554 have left

Ukraine. The composition of migration flows is also unfavourable for the social and

demographic situation in the country. For example, ethnic Ukrainians are less than a

half of those entering Ukraine. At the same time Ukraine is losing highly educated

people who are able to work and have children. This negative migration tendency

coupled with a negative demographic tendency might result in dramatic

consequences. To prevent them the state has to do its best to develop appropriate

migration legislation.

Foreigners constitute a separate category of migrants in Ukraine. First, to this

category belong those who come from the countries of former Soviet Union, escaping

from armed or interethnic conflicts. Second, there are so called traditional foreigners.

The first category is mainly formed by the immigrants from Caucasian states, namely

Georgians, Azerbajdzans, Armenians and Chechenians. It is necessary to underline,

that only a few of them apply for refugee status. For example, in 1995 the total

number of these people constituted nearly 160 000.

Among them only 5 000 were asylum seekers, including 1 500 asylum seekers from

Chechnja. The others use different ways to obtain entry to Ukraine, become engaged

in trade, private business, and sometimes in criminal business.

During 1995, 6664 traditional foreigners came to Ukraine. In this period the state

authorities found 55 000 people who violated the rules of settlement in Ukraine. 219

of these were deported from the country. Since 1994, the UNHCR has registered in

Ukraine 4 500 asylum seekers, who have the intention of obtaining refugee status.

All this testifies clearly to the fact of extensive illegal migration in Ukraine. During

1995, state authorities arrested 9 421 illegal migrants and found 144 channels of

illegal migration. The respective authorities point to the organized international

mechanism of migration through Ukraine. Both legal (e.g. tourism, scholarships,

commercial activity, transit visas etc.) and illegal way are used for migration

business.

Some foreigners who illegally stay in Ukraine are closely linked to trafficking, to

drugs, to arms smuggling and to organized crime. They are often also of great

damage for the health of Ukrainian citizens.

Ukraine attracts some illegal immigrants by its geographical situation, as the

convenient point for the further migration westward. Others are attracted mainly by

the social situation in the country. Compared to other countries, they can spend

relatively small amount of currency and have satisfactory living conditions. So, the

improving of the socioeconomic situation might cause the increase of the interest into

Ukraine from the side of immigrants, and therefore will increase the immigration

flow into Ukraine, including illegal immigration.

The return of formerly deported people makes the migration situation in Ukraine

even more complex. 238 000 Crimean Tatars and 12 000 of Armenians, Bulgarians,

Greeks, Germans have already returned to Crimea. According to the predictions of

the Crimean authorities an additional 200-220 000 Crimean Tatars and several tens of

thousands of people of other nationalities might return to Crimea. The experience

with this category of immigrants shows that the problems of social (education, job)

rehabilitation of these people, as well as revival and developing of the ethnic clusters

are complex, long-term and expensive ones. We recognize that serious challenges in

this sphere cannot be met by the limited resources and experience of Ukraine alone,

without the support and assistance of international community. It also depends a lot

on the development of the legislative process, particularly from legal confirmation of

the obligations of the state to rehabilitate the rights of deported people.

Migration legislation in Ukraine is not appropriate so far for satisfactory regulation

and management of migration flows. For example, it is necessary to adopt as soon as

possible the Law of Ukraine About Immigration, as well as make necessary

amendments to the existing acts concerning the legal status of foreigners.

An acute problem for Ukraine is the codification of migration legislation. The

migration legislation of Ukraine is constituted by several legislative acts, prepared by

different organs, which do not always agree with each other. To our view, all

legislation on migration should be brought into one general Migration Act, as has

been done by other states.

Several state organs in Ukraine deal with different migration issues: Department in

the Ministry of Interior, Border Guard, Department in the Ministry of Foreign

Affairs, Department in the Ministry of Labour, Department in the Ministry for

Nationalities and Migration, Department in the Ministry of Chernobyl and so on.

Each organ covers a definite sphere, but does not at present always work in line with

the activity of the others. So, it is necessary to have appropriate co-ordinating organ

to bring the activity of each department into conformity with the others.

It is also necessary to elaborate a general state programme, dealing with all categories

of migrants existing in Ukraine, and in line with international norms and standards as

well as relevant international obligations in the field of migration.

The last two years have revealed that emigration is another acute problem for

Ukraine. To some extent different aspects of the emigration processes are in the

sphere of activity of the Ministry of Labour, Ministry of Statistics and the Ministry of

the Interior. However, none of the state organs provides a full analysis of emigration

situation.

According to approximate estimates, only 15-16 per cent of the foreigners with

indefinite status have the intention of legal settlement in Ukraine, and thus are

registered and supervised by respective state organs.

The State organs dealing with migration encounter significant difficulties, in

particular inadequate financial support, lack of trained personnel and so on.

Inadequate financial resources coupled with lack of trained personnel delayed the

implementation the Law of Ukraine About Refugees.

Being adopted in December 1993 is implementation started only in January 1996.

However, the new legislative, political social, economic and ideological aspects of

the migration process are leading to a strengthening of the efforts of the state to cope

with them, and this is a hopeful sign.

Volodymyr B. Yevtoukh

Minister

Ministry for Nationalities and Migration