ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅԱՆ ՏԱՐԱԾՔԱՅԻՆ ԿԱՌԱՎԱՐՄԱՆ ՆԱԽԱՐԱՐՈՒԹՅԱՆ
ՄԻԳՐԱՑԻՈՆ ԳՈՐԾԱԿԱԼՈՒԹՅՈՒՆ
APPENDIX
TO REPUBLIC OF ARMENIA
GOVERNMENT SESSION RECORD
DECREE 24 DATED JUNE 25, 2004
REPUBLIC OF ARMENIA
CONCEPT PAPER
ON STATE REGULATION OF POPULATION MIGRATION
The
Republic of Armenia Concept Paper on State Regulation of Population Migration
(hereinafter, “the Concept Paper”) is a set of positions, objectives,
and solutions contemplated by public administration agencies of the Republic
of Armenia in order to ensure the development of the migration process in preferred
and manageable directions in the short run and in the longer perspective.
The
legal foundation of the Concept Paper comprises the Republic of Armenia Constitution,
the Republic of Armenia laws and other legal acts, and universal principles
and standards of international law.
1. OVERVIEW OF THE MIGRATION SITUATION
Recent
trends in the migration situation of the country may be characterized as widespread
emigration during 1988-1995 due to various factors, followed by emigration due
mostly to economic reasons—gradually stabilizing since 1995, and later,
a decline in emigration.
As
a direct result of positive changes in the social and economic situation in
the country, this phenomenon is most clearly reflected in the trajectory of
external migration trends. During 1991-1995, the average annual net emigration
was over 100,000, falling to about 50,000 during 1996-2001. In 2002, net emigration
declined to virtually zero. These are signs of declining emigration and ensuing
stabilization, as well as somewhat of an increase in immigration.
Alongside
with visible changes for the better, the migration situation in the Republic
of Armenia generally remains complicated, representing a threat to the social,
economic, and geopolitical sustainability of the country’s development,
which requires the government and society to focus more closely on migration
problems.
The
average annual net emigration is greater than population growth, which despite
the aforementioned improvements in emigration and immigration volumes, continues
to cause a decline in the population figure in absolute terms.
Movements with a view to reuniting the family are growing important in comparison
to other factors affecting external migration. As a result, emigration flows
are predominated by those living for good, including women and children, which
can potentially have a negative impact on the long-term outlook.
The
“brain drain” to developed countries, i.e. emigration of highly-qualified,
competent, and internationally competitive experts, is continuing. It has been
weakening the scientific, creative, and economic potential of the country.
On
the background of territorial differences in the level of social and economic
development, there remain considerable discrepancies in the migration and, more
importantly, emigration activity of the population of different administrative-territorial
units. It not only is an obstacle to mitigating the disproportion in resettlement,
but also contributes to such disproportion.
Temporary labor migration continues to bear a considerable impact on the migration
situation in the Republic of Armenia. As a rule, both of its components (short-term
seasonal labor migration and long-term or indefinite periods of labor migration)
are not regulated and flow chaotically in violation of the immigration and labor
laws of destination countries, resulting in rather difficult problems, including
social, economic, moral, psychological, legal, and political ones.
Limited
availability of regular employment abroad and the lack of information contribute
to the emergence of undesirable phenomena such as irregular migration, human
smuggling, and trafficking in humans.
Notwithstanding
that considerable progress has been made, problems remain in respect of the
social-economic and spiritual-cultural integration of refugees forced out of
Azerbaijan and other former Soviet areas during 1988-1992.
The current and future quantitative and qualitative indicators of the external
migration situation in the Republic of Armenia are affected by (i) the 800-900
thousand individuals who left the country during the post-Soviet period and
are currently residing abroad, mostly retaining Armenian citizenship, and (ii)
the existence of a multi-million Armenian Diaspora.
One
should not rule out the possibility of unexpected wide-scale migration flows
due to new extraordinary circumstances in the future. One example of this would
be massive and rapid re-emigration of Armenian citizens as a consequence of
certain countries fundamentally revising their migration policies in light of
social, economic, natural, or political shocks.
Due
to its limited impact, immigration is currently still not considered a serious
aspect of external migration in the Republic of Armenia. However, it does happen
in some cases, and if it intensifies over time, a serious and structured policy
response may be required.
There
have not been significant changes in the internal migration situation. Internal
migration flows in any specific direction have not been reported, which means
that the high pace of social and economic growth in the country during recent
years has not been sufficient to reinstate the migration attractiveness of various
units of resettlement. Moreover, the lack of balance between demand and supply
in the labor market is due to limited supply, rather than increased demand;
limited supply, in turn, is due to the permanent and temporary emigration of
skilled labor force.
Insofar
as internal migration is concerned, the creation of conditions for IDPs to return
to their settlements is currently an acute problem.
The
current and potential demographic impact of the current migration situation
is alarming, as well. According to some forecasts, tension in the labor market
will inevitably grow due to the fact that labor market entrants are greater
in number than those exiting the labor market, as well as the consolidation
of resources in agriculture. This is furthered by the trend of families split
up as a consequence of emigration reuniting mostly in foreign countries. These
factors will result in both direct and indirect population losses, i.e. the
births that migration made impossible due to the decline in the reproductive
potential of the population. This development is undesirable, because starting
from the mid-90’s the current birth rate is insufficient to support even
simple reproduction.
Thus,
the only realistic way to address the demographic issues faced by the Republic
of Armenia in the medium term is to manage migration efficiently by means of
generating re-emigration.
2. GOALS AND PRINCIPLES OF STATE REGULATION OF MIGRATION IN THE REPUBLIC
OF ARMENIA
In
the Republic of Armenia, the goals of the state regulation of migration are
as follows: ensuring the development of the demographic situation and the population
number in line with national security and sustainable human development principles,
and enforcing the principles laid down in international documents regarding
respect for human rights and interests in the migration process.
State
regulation of the migration process is the whole of targeted social and economic
measures and administrative tools (rules, standards, terms, and the like) implemented
by public authorities with the aim of developing the migration situation in
line with the current and long-term interests of the nation.
The
fundamental principles of state regulation of migration are as follows:
• Equality of migrants regardless of nationality, race, sex, language,
faith, political or other views, social origin, property or other status;
• Ability of the individual to move freely and choose a place of residence
within the country;
• Enforcement of laws on migration regulation and other legislation, as
well as the international undertakings of the state;
• Uniting the efforts of all branches and agencies of government and non-governmental
organizations in addressing migration issues; and
• Building agreement on mutual interests on the basis of equal rights
of cooperation with states with which Armenia has migration exchanges.
3. PRIORITIES OF STATE REGULATION OF MIGRATION IN THE REPUBLIC OF ARMENIA AND MEASURES TO ACHIEVE THEM
The
priorities of state regulation of migration in the Republic of Armenia and the
key measures required to achieve them are as follows:
1. Ensuring manageability of emigration and immigration from and to the Republic
of Armenia. Improving and harmonizing with international standards the management
of borders as an effective gateway of managing external migration
• Precluding overlaps in and clearly distinguishing between the functions
of agencies involved with border management in the Republic of Armenia, developing
the system with a view to turning it to an “invisible” border for
those crossing it lawfully, and making border crossing difficult for foreigners
who wish to enter into the Republic of Armenia without legal grounds;
• Border controls at border crossing points and automating and unifying
the activities of customs and passport and visa departments; and
• Creating an automated system to take fingerprints of foreign citizens
residing in the Republic of Armenia and suspected of criminal offences or administrative
infringements.
2. Civilized integration of the Republic of Armenia with the international labor
market. Legislative regulation and targeted state supervision of labor emigration.
State protection of the rights and lawful interests of labor emigrants. Ensuring
the priority right of Armenian citizens to fill vacancies in the labor market
of Armenia.
• Developing legislation to regulate labor emigration of Armenian citizens
(developing the domestic legislation and acceding to the relevant conventions);
• Concluding inter-state treaties to ensure social and legal protection
of labor migrants and to support job placement of Armenian citizens in foreign
states under temporary employment contracts;
• Regulating the terms of labor activities of foreign citizens and stateless
persons in the Republic of Armenia and ensuring the priority right of Armenian
citizens to fill vacancies in the Republic of Armenia; and
• Encouraging the repatriation of Armenian citizens who are labor migrants
abroad, including, first of all, highly-qualified specialists and activists
of culture, science, arts, and sports.
3. Preventing the emergence of illegal migration from the Republic of Armenia
and supporting the return and reintegration in the Republic of Armenia of Armenian
citizens illegally staying abroad
• Raising public awareness in Armenia on the terms and conditions of entry
to and employment and residence in destination countries with the aim of restricting
the volume of and later completely eradicating illegal migration from the Republic
of Armenia;
• Concluding with the respective countries inter-state treaties against
illegal migration, including provisions on the return, receipt, and transit
of illegal aliens between the contracting parties (readmission treaties);
• Developing projects to support the reintegration of citizens readmitted
to Armenia and negotiating with foreign states and international organizations
in order to acquire financial and technical support and counseling in this field;
and
• Criminalizing the conduct of smugglers under the current legislation
of the Republic of Armenia.
4. Preventing smuggling and trafficking of humans from the Republic of Armenia
and developing victim protection arrangements
• Engaging the mass media, conducting round tables, and disseminating
booklets and other information materials as means of implementing awareness-raising
campaigns in order to prevent trafficking among the population of the Republic
of Armenia (the unemployed, orphans, children, residents of remote regions,
and other risk groups);
• Prescribing severe sanctions in the Criminal Code against smugglers
and traffickers;
• Developing and implementing social, psychological, and health rehabilitation
programs for victims of trafficking; and
• Cooperating with the law-enforcement authorities of trafficking destination
countries and engaging in joint efforts to tackle this problem.
5. Further improving the system of protection offered to foreign citizens and
stateless persons in Armenia on humanitarian grounds. Creating conditions to
support the integration of refugees and forced migrants who have established
long-term residence in the Republic of Armenia.
• Improving the procedures of reviewing the applications of foreign citizens
who have applied for shelter in the Republic of Armenia. Developing mechanisms
of assistance to individuals in need of protection. If applications are refused,
organizing their voluntary return or creating mechanisms to raise funds necessary
to extradite them from the Republic of Armenia;
• Creating conditions to support the integration of refugees and forced
migrants who have established long-term residence in the Republic of Armenia,
including safe residence in the Republic of Armenia, providing equal social,
economic, and political rights, developing procedures to facilitate naturalization,
and implementing legal and other measures against racial and ethnic discrimination;
• Developing and implementing, with the involvement of the state budget
and international donors, a program to address the housing needs of refugees
forced out of Azerbaijan during the period from 1988 to 1992; and
• Involving the needy segments of forced migrants in state assistance
programs.
6. Maintaining and developing constructive relations with old and new Diaspora
communities, and developing and implementing measures to encourage repatriation.
• Undertaking surveys of problems faced by the Diaspora, including aspects
like assimilation;
• Implementing wide-scale economic, educational, cultural, sports, scientific,
and technical cooperation between Armenia and the Diaspora; and
• Encouraging repatriation of Diaspora Armenians by means of granting
privileges to foreigners who formerly had Armenian citizenship, or are ethnic
Armenians, to arrive in Armenia for permanent residence (including, among other
things, the granting of residence status in the Republic of Armenia or Armenian
citizenship, implementing investment projects, and the like).
7. Developing and implementing measures to predict possible massive flows of
forced migrants towards Armenia and preventing such flows of ethnic Armenians
• Creating an early warning and prediction system for possible massive
flows of forced migrants towards the Republic of Armenia;
• Preventing waves of forced massive and rapid re-emigration of Armenian
citizens and ethnically Armenian citizens of foreign states, and ensuring the
smooth and consistent development of the re-emigration process;
• Cooperating with other countries to prevent conflicts that result in
massive migration flows; and
• Developing a comprehensive national program to prevent the negative
consequences of extraordinary migration, including national capacity building
and the creation of a nationwide migration management system.
8. Creating a database that provides information necessary for the monitoring
and analysis of the migration situation in the Republic of Armenia
• Creating a system to maintain statistics on border crossing at border
points of the Republic of Armenia;
• Developing administrative reporting systems and mechanisms for the creation
and maintenance of an administrative register on the migration process;
• Developing mechanisms to receive migration-related information from
authorities that have functions in the area of migration and from other alternative
sources;
• Creating a nationwide system to register Armenian companies and branches
and representative offices of foreign companies engaged in job placement of
Armenian citizens abroad, or organizing international tourism, or recruiting
and employing foreign labor force;
• Creating a system to account for foreign citizens and labor migrants
in the Republic of Armenia; and
• Making operational a consolidated database on migration flows.
9. Guiding the internal migration process in line with the national security
and sustainable development needs of the Republic of Armenia
• Developing and implementing comprehensive measures to elaborate the
necessary directions of internal migration flows in accordance with the Master
Plan of Resettlement in the Republic of Armenia approved by the Republic of
Armenia Government;
• Encouraging resettlement in borderline areas and other strategically
important parts of the country by means of granting legislative privileges to
those living in such areas, pursuing an active urban development policy in such
areas, and developing and implementing infrastructure and social development
projects; and
• Developing and implementing programs to facilitate the return of individuals
displaced from borderline areas to their former places of residence.
10. Developing public opinion that favors the efficient implementation of a
policy of state regulation of migration in the Republic of Armenia
• Assisting the mass media to provide unbiased information to the population
of the Republic of Armenia on migration-related problems;
• Supporting transparent and public activities of entities that perform
certain functions in the migration sphere, closely cooperating with non-governmental
organizations, including sharing of information and policy and project development
and joint implementation; and
• Advocating the thesis that “permanent emigration is a threat to
Armenian statehood” with a view to fostering its perception as a problem
of nationwide importance.
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The
efficient implementation of the goals and priorities laid down in the Concept
Paper unconditionally requires all parts of government, including the legislature,
the executive, central and local governments, and other agencies, to contribute
their efforts, which, in turn, will enhance the importance of clarifying and
streamlining responsibilities, coordinating efforts, and adjusting them on the
basis of current monitoring and assessment. It will imply the delegation of
appropriate powers to the national agency for migration.
