Following Ukraine's international obligations in the field of protecti...
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Following Ukraine's international obligations in the field of protection of refugees - an important priority in the Migration Service of Ukraine
28.03.2013
Following Ukraine's international obligations in the field of protection of refugees - an important priority in the Migration Service of Ukraine
First Deputy Chairman of DCC Ukraine
Viktor Sheibut
State Migration Service of Ukraine established in the administrative reform carried out by the President of Ukraine in December 2010. The main tasks of the first months of operation were the analysis of the existing legal framework in the area of ??migration and proposals for its improvement with regard to international standards and international obligations of Ukraine. Already in April-May 2011, by decree of the President approved the Regulation on the immigration service and the concept of state migration policy. These two documents were roadmap for the establishment and further development of the Migration Service of Ukraine.
International cooperation for Aid to Refugees
From time immemorial, war, oppression, famine and natural disasters forced people to leave their homeland. Searching for salvation, they are not fault of their own found themselves in other countries, the people had given shelter to such needy.
The First World War at the beginning of the last century led to the collapse of the most powerful empires and redistribution areas of the Eurasian continent. The consequences of these events are massive population displacement and humanitarian crisis. Not bypassed these events and Ukrainian - it was during the First and Second World Wars Ukraine has left most of its people in history.
In 1919 - 1920 years in order to prevent armed conflicts and disputes between states through diplomatic channels was established League of Nations, which included the Commission was established for Refugees. The first High Commissioner for Refugees was a Norwegian diplomat and scientist Fridtjof Nansen. It was he who in 1922 developed the so-called Nansenivskyy passport - a document that posvidchuvav person refugee. In 1942, the document recognized by governments 52 countries worldwide, making it the first recognized travel document for refugees.
Worsening the problem of refugees during the Second World War gave new impetus to the joint efforts of many states. In 1944, to address the problems of refugees states - participants of the anti-Hitler coalition was created the first structure is not established at the time the UN - Administration Assistance and Recovery United Nations, which in 1946 was transformed into the International Refugee Organization.
From 1 January 1951 the UN General Assembly established the Office of the UN High Commissioner for Refugees (UNHCR). In July of the same year in Geneva adopted a white Refugee Convention, which to this day is the main instrument in the world that defines refugee status, as well as general principles for such status. The first edition of the Convention extended only to people displaced by the events that took place before 1951, but in 1967, New York adopted Protocol on the Convention extended to all refugees and all the events that have occurred or will occur in the future.
Building a national institution of asylum
Realizing the strategic directions of the state policy on migration during 2011-2012 years migration service provided development and adoption of several pieces of legislation aimed at securing the legal status of foreigners and stateless persons and further development of the system of protection in Ukraine.
In July 2011, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On refugees and persons in need of additional or temporary protection." The law included provisions of the Convention relating to the Status of Refugees 1951 and the Protocol relating to the Status of Refugees of 1967, resolutions and recommendations of the EU and the Council of Europe to improve legislation concerning persons in need of protection.
The new law contains a number of important innovations that govern the protection of foreign nationals and stateless persons.
In particular, the amendments made to the article on the prohibition of expulsion or forced return of a refugee or person who needs additional or temporary protection. Earlier this prohibition concerned not expulsion on grounds such as the threat of being persecuted for reasons of race, religion, nationality, citizenship (nationality), membership of a particular social group or political opinion. This revised rule added - "and for other reasons that are recognized by international agreements or international organizations to which Ukraine is, as such, can not be returned to their countries of origin."
A significant improvement is the provision of the Law on the preservation and family reunification migrants. Now, family members of a person recognized as a refugee in Ukraine, or person who needs complementary protection, or granted temporary protection in Ukraine have the right to enter the territory of Ukraine to a family reunion and to be recognized as refugees or individuals who require additional security, or to obtain temporary protection. This provision promotes children's rights, which under the new law will be marked automatically, along with their parents.
In order to ensure the implementation of the Act, a number of Cabinet of Ministers of Ukraine and departmental orders. In addition, the Verkhovna Rada of Ukraine September 18, 2012 the Law of Ukraine "On amendments to some legislative acts of Ukraine on refugees and persons in need of additional or temporary protection" which foreigners and stateless persons in Ukraine are recognized refugees or persons that need additional protection, equal in rights to the citizens of Ukraine.
UNHCR Regional Representation for Belarus, Moldova and Ukraine actively doluchalosya the process of drafting these laws and regulations and provided professional expertise.
European experts recognized that national legislation on refugees in line with international standards. Thus, in the second report on the progress that Ukraine is making in implementing the Action Plan for liberalization of EU visa regime for Ukraine (published 09.02.2012) states, in particular, in the field of asylum "there is a strong legal framework, which generally consistent with European and international standards ".
The practical implementation of the legislation on refugees
In 2012, the territorial bodies of State Migration Service of Ukraine considered 1573 applications for foreigners and stateless persons on recognition as refugee or person who needs extra protection. The largest number of applicants - came from Afghanistan, Somalia and Syria. In 2012 152 people received protection in Ukraine: 63 people recognized as refugees, 89 people identified as needing extra protection.
Much attention is paid to solving issues related to the adaptation and integration of refugees and persons in need of complementary protection in Ukraine. Cabinet of Ministers of Ukraine of 22.08.2012 № 605-p approved the Action Plan for the integration of refugees and persons in need of additional protection in Ukrainian society until 2020, which was the developer SCS Ukraine.
The main purpose of making this decision of the Government is to ensure through organizational, legislative and administrative acts of the state guaranteed the effective entry into the community of the country of residence of foreigners and stateless persons who are recognized as refugees or persons in need of additional protection, disclosure of their potential to enable its full in favor of the Ukrainian state and independent of their residence.
Measures for the development of a network of reception centers. Currently in Ukraine there are two temporary placement of refugees in Odessa with 200 seats and a region (Mukachevo and Perechyn) for 130 seats. Measures are being taken to complete the reconstruction of a similar item in the Kiev region (Yagotyn) with 250 seats and commissioning.
Viktor Sheibut
State Migration Service of Ukraine established in the administrative reform carried out by the President of Ukraine in December 2010. The main tasks of the first months of operation were the analysis of the existing legal framework in the area of ??migration and proposals for its improvement with regard to international standards and international obligations of Ukraine. Already in April-May 2011, by decree of the President approved the Regulation on the immigration service and the concept of state migration policy. These two documents were roadmap for the establishment and further development of the Migration Service of Ukraine.
International cooperation for Aid to Refugees
From time immemorial, war, oppression, famine and natural disasters forced people to leave their homeland. Searching for salvation, they are not fault of their own found themselves in other countries, the people had given shelter to such needy.
The First World War at the beginning of the last century led to the collapse of the most powerful empires and redistribution areas of the Eurasian continent. The consequences of these events are massive population displacement and humanitarian crisis. Not bypassed these events and Ukrainian - it was during the First and Second World Wars Ukraine has left most of its people in history.
In 1919 - 1920 years in order to prevent armed conflicts and disputes between states through diplomatic channels was established League of Nations, which included the Commission was established for Refugees. The first High Commissioner for Refugees was a Norwegian diplomat and scientist Fridtjof Nansen. It was he who in 1922 developed the so-called Nansenivskyy passport - a document that posvidchuvav person refugee. In 1942, the document recognized by governments 52 countries worldwide, making it the first recognized travel document for refugees.
Worsening the problem of refugees during the Second World War gave new impetus to the joint efforts of many states. In 1944, to address the problems of refugees states - participants of the anti-Hitler coalition was created the first structure is not established at the time the UN - Administration Assistance and Recovery United Nations, which in 1946 was transformed into the International Refugee Organization.
From 1 January 1951 the UN General Assembly established the Office of the UN High Commissioner for Refugees (UNHCR). In July of the same year in Geneva adopted a white Refugee Convention, which to this day is the main instrument in the world that defines refugee status, as well as general principles for such status. The first edition of the Convention extended only to people displaced by the events that took place before 1951, but in 1967, New York adopted Protocol on the Convention extended to all refugees and all the events that have occurred or will occur in the future.
Building a national institution of asylum
Realizing the strategic directions of the state policy on migration during 2011-2012 years migration service provided development and adoption of several pieces of legislation aimed at securing the legal status of foreigners and stateless persons and further development of the system of protection in Ukraine.
In July 2011, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On refugees and persons in need of additional or temporary protection." The law included provisions of the Convention relating to the Status of Refugees 1951 and the Protocol relating to the Status of Refugees of 1967, resolutions and recommendations of the EU and the Council of Europe to improve legislation concerning persons in need of protection.
The new law contains a number of important innovations that govern the protection of foreign nationals and stateless persons.
In particular, the amendments made to the article on the prohibition of expulsion or forced return of a refugee or person who needs additional or temporary protection. Earlier this prohibition concerned not expulsion on grounds such as the threat of being persecuted for reasons of race, religion, nationality, citizenship (nationality), membership of a particular social group or political opinion. This revised rule added - "and for other reasons that are recognized by international agreements or international organizations to which Ukraine is, as such, can not be returned to their countries of origin."
A significant improvement is the provision of the Law on the preservation and family reunification migrants. Now, family members of a person recognized as a refugee in Ukraine, or person who needs complementary protection, or granted temporary protection in Ukraine have the right to enter the territory of Ukraine to a family reunion and to be recognized as refugees or individuals who require additional security, or to obtain temporary protection. This provision promotes children's rights, which under the new law will be marked automatically, along with their parents.
In order to ensure the implementation of the Act, a number of Cabinet of Ministers of Ukraine and departmental orders. In addition, the Verkhovna Rada of Ukraine September 18, 2012 the Law of Ukraine "On amendments to some legislative acts of Ukraine on refugees and persons in need of additional or temporary protection" which foreigners and stateless persons in Ukraine are recognized refugees or persons that need additional protection, equal in rights to the citizens of Ukraine.
UNHCR Regional Representation for Belarus, Moldova and Ukraine actively doluchalosya the process of drafting these laws and regulations and provided professional expertise.
European experts recognized that national legislation on refugees in line with international standards. Thus, in the second report on the progress that Ukraine is making in implementing the Action Plan for liberalization of EU visa regime for Ukraine (published 09.02.2012) states, in particular, in the field of asylum "there is a strong legal framework, which generally consistent with European and international standards ".
The practical implementation of the legislation on refugees
In 2012, the territorial bodies of State Migration Service of Ukraine considered 1573 applications for foreigners and stateless persons on recognition as refugee or person who needs extra protection. The largest number of applicants - came from Afghanistan, Somalia and Syria. In 2012 152 people received protection in Ukraine: 63 people recognized as refugees, 89 people identified as needing extra protection.
Much attention is paid to solving issues related to the adaptation and integration of refugees and persons in need of complementary protection in Ukraine. Cabinet of Ministers of Ukraine of 22.08.2012 № 605-p approved the Action Plan for the integration of refugees and persons in need of additional protection in Ukrainian society until 2020, which was the developer SCS Ukraine.
The main purpose of making this decision of the Government is to ensure through organizational, legislative and administrative acts of the state guaranteed the effective entry into the community of the country of residence of foreigners and stateless persons who are recognized as refugees or persons in need of additional protection, disclosure of their potential to enable its full in favor of the Ukrainian state and independent of their residence.
Measures for the development of a network of reception centers. Currently in Ukraine there are two temporary placement of refugees in Odessa with 200 seats and a region (Mukachevo and Perechyn) for 130 seats. Measures are being taken to complete the reconstruction of a similar item in the Kiev region (Yagotyn) with 250 seats and commissioning.
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