NATIONAL LEGISLATIVE FIELD REGULATING POPULATION MIGRATION IN THE RA.

 

 

Major adopted legislative acts

1.1 The Republic of Armenia, after proclaiming its independence, adopted a number of laws, which in parallel with other issues were intended to regulate issues pertaining to migration. Among the major laws adopted:
          - The RA Law on Language -1993
          - The RA Law on Legal Status of Foreign Citizens in the Republic of Armenia-1994
          - The RA Law on State Border-1994
          - The RA Law on Foreign Investments-1994
          - The RA Law on Citizenship-1995
          - The RA Law on Consular Services-1996

1.2 Since 1999 resulted from creating of the State Department for Migration and Refugees of the RA, a special state body dealing with migration issues, the actions, directed towards legislative regulation of the field, have gained momentum. Thereby, from 1999 till now the following laws and by-laws were adopted.

The Concept on the State Regulation of the Population Migration in the Republic of Armenia was adopted by the Government of the RA on November 29, 2000.
          The document contains the principles of the state migration policy, priorities and possible mechanisms and directions for their solution. It also outlines the changes required for the harmonization of the legislative field with the priorities of the state migration policy. The Concept lists the state bodies engaged in the migration issues and their functions, the proposals concerning the separate functions, and the mechanisms securing active collaboration between the migration system bodies.
The RA Law on Refugees was adopted on March 3, 1999. Prior to it, in 1993 the RA acceded to the 1951 Geneva Convention on the Status of Refugees and its 1967 New York Protocol.
          The law defines grounds, order and conditions for temporary accommodation of asylum seekers in the territory of the RA, for granting, rejecting or terminating of refugee status, the responsibilities of the authorized state bodies engaged in refugee issues, the rights and obligations of the asylum seekers, guaranties for their legal and social protection.

Subsequent upon this law the Government of the RA adopted six decrees.

• The Decree on Procedure for Issuing Refugee IDs and Travel Documents in the RA and on Approving Their Samples. / Decree No 695; 20.11.1999/
            It defines that persons granted refugee status in the RA are provided with refugee certificate and travel document. The first one serves as an identification document for in the territory of the RA, the second one in foreign countries.
• The Decree on Movement and Selection of the Residing Place of Applicants for Refugee Status in the Territory of the RA. /Decree No 52; 04.02.2000 /
            It defines that after being accommodated in the temporary dwellings asylum seeker is granted the right to free movement within the administrative territory being under service of that division of the Ministry of Interior where the temporary dwelling is located /In Yerevan over the whole territory of the city/. If there is a necessity to move all over the territory of the Republic, the asylum seeker must inform in a written form the relevant division of the Ministry of Interior.
• The Decree on Placing Applicants for Refugee Status in the Territory of the RA in Special and Temporary Dwellings, Subjecting Them to Medical Examination, Providing Them with Free Legal Consultations and Translation Services, with Medical Assistance and Service. / Decree No86; 23.02.2000 /
            It defines that after entering the territory of the RA, the asylum seeker is accommodated in special reception center by the State Department for Migration and Refugees for implementing medical check and examination of documents within a month. Then the person is accommodated in temporary dwelling provided by the Department. While the asylum application is processed the asylum seeker is provided with free legal and translating services as well as medical assistance and service.
• The Decree on Allocation of a Lump-Sum Allowance to Applicants for Refugee Status in the Territory of the Republic of Armenia ./Decree No 82; 23.02.2000/
            It prescribes that the asylum seeker before official rendering a decision on his application is provided with monitory allowance to cover living subsistence expenses.
• The Decree on Procedure for Issuing the IDs to Applicants for Refugee Status in the RA./ Decree No 594; 04.07.2001/
            It defines that the persons, applied for refugee status in the RA, is provided with asylum seeker certificate, which certifies that this person applied for refugee status to the State Department for Migration and Refugees.
• The Decree on Refugee Status Determination Procedure /19.07.2001/
            It safeguards implementation of the RA Law on Refugees and regulates the issues concerning granting or rejecting refugee status.

The Law on Legal, Socio-Economic Guarantees to the Persons Forcibly Deported from the Republic of Azerbaijan in 1988-1992 and Acquired Citizenship of the RA was adopted on December 6, 2000.
          The law determines guarantees to the persons forcibly deported from Azerbaijan in 1988-1992 and acquired citizenship of the Republic of Armenia for exercising their rights as well as social and legal guarantees for protection of their interests. The law is aimed at encouraging adoption of the citizenship of the RA by refugees.

Subsequent upon this law the Government of the RA adopted three sub-legislative Decrees.

• The Decree on Procedure of Providing with Housing Persons Forcibly Deported from the Republic of Azerbaijan in 1988-1992 and Acquired Citizenship of the Republic of Armenia /May 14, 2001/
            It stipulates that persons forcibly deported from the Republic of Azerbaijan in 1988-1992 and acquired citizenship of the RA are provided with housing in the same prescribed order as refugees.
• The Decree on Privatization of Dwelling Areas of Communal Centers Being at the Disposal of State Budgetary Institutions in favour of Persons Forcibly Deported from the Republic of Azerbaijan in 1988-1992 and Acquired Citizenship of the Republic of Armenia. /May 14, 2001/
            It defines that adopted Armenian citizenship refugees who occupied for more than 3 years the rooms in communal centers belonging to the state budgetary institutions have right to privatize the mentioned living spaces.
• The Decree on Procedure of Compensating for Damages Done to Temporary Dwellings due to their Occupancy by People Forcibly Deported from Azerbaijan in 1988-1992 and Adopted Citizenship of the Republic of Armenia.
            It identifies that compensation for damages done to the temporary dwellings due to their occupancy by people forcibly deported from Azerbaijan in 1988-1992 and adopted Armenian citizenship will be made in the same as for refugees order until the new relevant governmental decree is adopted.

The Ministry of Justice of the RA registered as departmental normative acts:

On August 30, 2001
- The Decree of the Head of the State Department for Migration and Refugees of the RA on Approving the Order of Registering of Refugee IDs, Issued to Persons Applied for Refugee Status, as well as on Order of Keeping the Register on Issued, Exchanged, Lost and Returned IDs (Decree No 36) / 09.08.2001/.
- The Decree of the Head of the State Department for Migration and Refugees of the RA on Approving the Application Form for Refugee Status, Order of Registering as well as Form of Questionnaire to be Completed by Asylum Seeker (Decree No 37) /09.08.2001/.

On July 30, 2002
- The Decree of the Head of the State Department for Migration and Refugees of the RA on Approving the Application Form for Compensating for Damages Done to Temporary Dwellings due to their Occupancy by Refugees as well as People Forcibly Deported from Azerbaijan in 1988-1992 and Adopted Citizenship of the Republic of Armenia. (Decree No 22) /15.07.2002/.

• The RA Law on Amendments in the RA Law on State Duty was adopted on De cember 13, 2000.
            The law stipulates exemption from state duty in courts:
  a) for refugees, who seeks redress for his/her violated housing rights
  b) for persons applied for refugee status, who appeals the rejection of his/her refugee status.

• The RA Law on Amendments in the Refugee Law of the RA was adopted on March 5, 2001.
            Adoption of the law is conditioned by the necessity of improvements to be made in Refugee Law of the RA

• The RA Law on Amendments in the RA Law on State Duty was adopted on October 5, 2001.
            The law stipulates for the following privileges for the people forcibly deported from Azerbaijan in 1988-1992 and adopted Armenian citizenship:
  a) those persons, who are recognized as tenants of occupied by them living spaces of the community housing funds are exempted from state duty to be paid for registration of tenancy agreements of these living spaces by notary.
  b) those persons, who privatized occupied by them living spaces of communal centers, being at the disposal of state budgetary institutions, as well as those persons who are recognized as tenants of occupied by them living spaces of the community housing funds are exempted from state duty to be paid for registration of their rights to mentioned property.

• The RA Law on Amendments in the RA Law on Citizenship was adopted on March 20, 2002.
            The law defines that the time period for being recognized as a citizen of the RA was extended till December 31, 2003.

• The RA Law on Political Asylum was adopted on September 26, 2001.
            The law regulates the issues concerning grounds and order for granting the right to political asylum in the Republic of Armenia, criteria for rejection in granting of such a right, terms for cessation of the right granted and other relevant relationships.

• The RA Law on Amendments in the Refugee Law of the RA was adopted on March 19, 2002.
            The law stipulates the basis for granting temporary asylum (temporary residence permit) to foreign citizens and stateless persons in the RA as well as defines their rights and obligations.

At the session of the RA Government, held on December 14, 2000, the following projects were approved:

• The Project on Providing with Housing Persons Forcibly Deported from Azerbaijan in 1988-1992.
            The project envisages actions to be taken to provide about 13 thousand refugee families with housing.
• The Project on Post- Conflict Rehabilitation of Bordering Territories of the RA.
            The project envisages actions to be taken to return 39 thousand displaced persons to places of their permanent residence as well as to settle firmly to places of their residence 28 thousand people who have already returned back and those who haven't moved from their living places.
  

Legislative acts presented for consideration

          Within the date specified in the Concept on the State Regulation of the Population Migration in the RA, the following draft laws have been developed and put into circulation by responsible ministries during the last year:

• The RA Draft Law on Exit from and Entry to the RA of Citizens of the RA-responsible implementers are RA the Ministry of Interior and the State Department for Migration and Refugees of the RA.
            The draft law prescribes a detailed regulation for exercise of the constitutional right of exit from and entry to the RA of citizens of the RA. It defines the exceptional cases when exit of a citizen may be temporarily prohibited.

• The RA Draft Law on Overseas Employment -responsible implementer is the State Department for Migration and Refugees of the RA.
            The draft law manages the issues pertaining to overseas employment. It defines principles for organizing overseas employment, order and conditions of leaving for overseas employment, responsibilities of the governmental bodies and licensed organizations in the field of overseas employment. The draft law is presented to the Government of the RA.

• The RA Draft Law on Making Amendments in the Law on Licensing- responsible implementer is the State Department for Migration and Refugees of the RA.
            The draft law defines that organizations dealing with organizing overseas employment are added to a number of establishments to be licensed. The draft law is presented to the Government of the RA.

• The RA Draft Law on Ethnic Minorities - responsible implementer is the State Department for Migration and Refugees of the RA.
            The draft law legislatively confirms preservation of historical, cultural, language and scientific values of the citizens of the Republic of Armenia belonging to the ethnic minorities, specific state attitude to full exercise of their political and legal rights and guaranties for participation in the public and social life of the country. The draft law is presented to the Government of the RA.

• The RA Draft Law on Legal Status of Foreign Citizens in the RA- responsible implementers are RA Ministry for Foreign Affairs and the State Department for Migration and Refugees of the RA.
            Acting RA Law on Legal Status of Foreign Citizens in the RA was adopted before adoption of the Constitution and encloses some contradictory to the Constitution norms. The new draft law ensures great flexibility and provides the government with opportunity to regulate immigration policy and to respond adequately to international developments.

• The RA Draft Law on Tourism - responsible implementer is the Ministry of Trade and Industry.
            The draft law defines legal, managerial, socio-economic grounds for state policy implementation in the field of tourism as well as those state policy principles that are directed towards establishing legal grounds for tourism market.

• The RA Draft Law on Making Amendments in RA Law on Citizenship - responsible implementer is the State Department for Migration and Refugees of the RA.
            Acting RA Law on Citizenship contains some contradictory to the Constitution norms. The Constitution of the RA prohibits dual citizenship; however, the law in force does not completely regulate the issues regarding elimination of dual citizenship problem. As a result many citizens of the RA practically are found to be in a dual citizenship situation. For purpose of filling the existing gap, the draft law stipulates provisions for making amendments in the relevant articles of the law in force. The draft law is presented to the Government of the RA.

• The RA Draft Law on Immigration - responsible implementer is the State Department for Migration and Refugees of the RA.
            The draft law regulates the legal relations pertaining to entry, residence and exit of foreign citizens entering the territory of the RA for permanent residence, including foreigners having Armenian origin.

          Subsequent upon the Concept on the State Regulation of the Population Migration, approved by the Government of the RA, the following concepts and draft decrees were presented to the Government of the RA:

• The Concept on Resettlement in the RA
• The Concept on Creating of Information System on Population Movement
• The Draft Decree of the RA Government on Implementation of Entry to the RA and Exit from the RA Registration at the State Border Points of the RA
• The Draft Decree of the RA Government on Project of Resettlement and Consolidation of Population in the Territory of Meghri
• The Draft Decree of the RA Government on Approving the Procedure for Granting Temporary Asylum in the Territory of the RA to Foreign Citizens and Stateless Persons
• The Draft Decree of the RA Government on Recognition of the State Body Authorized in Granting Temporary Asylum in the Territory of the RA
• The Draft Decree of the RA Government on Procedure for Issuing Temporary Asylum ID and Approving its Sample
• The Draft Decree of the RA Government on Procedure of Inspection at the State Border Points of the RA through System of Primary and Secondary Inspection.