RREEVVIIEEWW OOFF MMIIGGRRAATTIIOONN MMAANNAAGGEEMMEENNTT IINN TTHHEE RREEPPUUBBLLIICC OOFF AARRMMEENNIIAA AASSSSEESSSSMMEENNTT MMIISSSSIIOONN RREEPPOORRTT Yerevan, March 2008 1 While IOM endeavours to ensure the accuracy and completeness of the content of this Review, the views, findings, interpretations and conclusions expressed herein are those of the authors and do not necessarily reflect the official position of the IOM and their Member States. IOM does not accept any liability for any loss, which may arise from the reliance on information contained in this paper. © Copyright: All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means of electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the authors and publisher. Publisher: International Organization for Migration 17 Route des Morillons Geneva 19, CH-1211 Switzerland Tel: (+41 22) 717 9111 Fax: (+41 22) 798 6150 Email: [email protected] Internet: http://www.iom.int __________________ Review of Migration Management in the Republic of Armenia: Assessment Mission Report, 2008 (English version) ISBN: 978-92-9068-448-0 2 InternatioMnailg Orartgiaonni zation for MinistRrye pouf bFloicr eoifg An rAmffeanirias of the Swedish Migration Board RREEVVIIEEWW OOFF MMIIGGRRAATTIIOONN MMAANNAAGGEEMMEENNTT IINN TTHHEE RREEPPUUBBLLIICC OOFF AARRMMEENNIIAA AASSSSEESSSSMMEENNTT MMIISSSSIIOONN RREEPPOORRTT (Assessment Team: Pier Rossi-Longhi, Therése Lindström, and Kristina Galstyan) The Assessment was conducted within the framework of IOM “Capacity Building in Migration Management Programme: Armenia Assessment” Project funded by the Swedish Migration Board. Yerevan, March 2008 International Organization for Technical Cooperation Centre for Mission in Armenia: Migration Headquarters: Europe and Central Asia UN House • 14 Petros Adamian Street, 1st 17 Route des Morillons • CH-1211 • 13/4 Nibelungengasse • Vienna floor • Yerevan o010 • Armenia Geneva 19 • Switzerland 1010 • Austria Tel: (+374 10) 58 56 92 • 58 37 86 • Tel: (+41 22) 717 9111 • Tel: (+43 1) 5853322 12 • Fax: (+374 10) 54 33 65 • Fax: (+41 22) 798 6150 • Fax: (+43 1) 5853322 30 • E-mail: [email protected] • Email: [email protected] • Email: [email protected] • http://www.iom.int/armenia http://www.iom.int http://www.tcc.iom.int 3 TABLE OF CONTENTS Section I - Introduction ______________________________________________________ 5 A. Executive Summary ________________________________________________________ 6 A.1. Policy ________________________________________________________________________9 A.2. Legislation __________________________________________________________________ 10 A.3. Administrative Structures _______________________________________________________ 12 A.4. Operational Mechanisms in Migration Management __________________________________ 13 B. Background and justification _______________________________________________ 14 C. Methodology ____________________________________________________________ 14 C.1. Assessment team _____________________________________________________________ 15 Section II – Assessment Mission’s Findings and Recommendations _________________ 16 D. Current Overview of Migration Trends in Armenia ______________________________ 16 D.1. Geopolitical Situation of Armenia ________________________________________________ 16 D.2. Migration Trends _____________________________________________________________ 17 D.2.1. Immigration (including Refugees) _____________________________________________ 19 D.2.2. Labour Emigration _________________________________________________________ 21 D.3. Existing challenges caused by current Migration Trends _______________________________ 26 E. Migration Policy___________________________________________________________ 27 E.1. Policy-Making ________________________________________________________________ 29 E.2. Current Immigration Policy _____________________________________________________ 31 E.3. Immigration Policy Challenges ___________________________________________________ 32 E.4. Current Emigration Policy ______________________________________________________ 34 E.5. Emigration Policy Challenges_____________________________________________________36 F. Migration-related legislation ________________________________________________ 37 F.1. Legislation on Refugees ________________________________________________________ 41 F.2. Legislation on Border Control and Management _____________________________________ 41 F.3. Legislation on Labour __________________________________________________________ 42 F.4. Legislation on Irregular Migration ________________________________________________ 42 F.5. Legislation on Trafficking in Human Beings and Migrant Smuggling _____________________ 43 F.6. Legislation on Protection of Data _________________________________________________ 43 F.7. Existing Legislative Challenges __________________________________________________ 44 G. Administrative Structure of Migration Management _____________________________ 53 G.1. Overview of the state structures involved in migration management ______________________ 53 G.2. Mandate ____________________________________________________________________ 56 G.3. Existing Structural Challenges ___________________________________________________ 60 G.3.1. Overlapping mandates ______________________________________________________ 60 G.3.2. Lack of migration oriented technical aid ________________________________________ 60 H. Enforcement and Operational Mechanisms ____________________________________ 63 H.1. Borders _____________________________________________________________________ 63 H.2. Monitoring and detecting migrants _______________________________________________ 65 H.3. Employment and entrepreneurship of foreigners _____________________________________ 67 H.4. Training of staff ______________________________________________________________ 68 H.5. Existing Enforcement Challenges ________________________________________________ 68 J. Concluding remarks and next steps ___________________________________________ 71 Annex 1. Abridged Terms of Reference _______________________________________ 73 Annex 2. Schedules of Meetings _____________________________________________ 80 Annex 3. List of International Treaties on Migration-Related Issues ________________ 90 Annex 4. Acronyms used ___________________________________________________ 95 4 Foreword The publication you hold in your hands is the first comprehensive attempt to assess the migration management situation in the Republic of Armenia. It is the result of a partnership between Armenia, Sweden and the International Organization for Migration. Upon request by the Government of the Republic of Armenia, the assessment study was carried out by IOM - the intergovernmental lead agency in the field of migration - and the Swedish Migration Board, one of IOM’s most important and highly respected partners, which provided practical expertise and the funding. The partnership between Armenia, Sweden and IOM, leading to the publication, was established under the auspices of the Cluster Process, an inter-regional migration and asylum management dialogue currently taking place between the three countries of the Southern Caucasus and various EU Member States plus Switzerland within the framework of the European Union Programme for Financial and Technical Assistance to Third Countries in the Areas of Migration and Asylum (AENEAS). We would like to express our gratitude to the SMB for their financial and practical support by assigning Ms. Therése Lindström as senior migration expert to the assessment, but also to the two other co-authors of the publication: Ms. Kristina Galstyan, from IOM in Yerevan, who brought the Armenian perspective into the study, as well as team leader, Mr. Pier Rossi-Longhi, from IOM Vienna’s Technical Cooperation Center for Europe and Central Asia, who injected his expertise of border management and EU and national migration legislations. The assessment report benefited greatly from input and guidance of Armenian Government officials, representatives of NGOs and the international community present in Armenia. The assessment team could not have efficiently carried out its task without the valuable support from the Armenian Government which provided help and direction in welcoming and guiding the assessment team –particularly the Armenian President’s Administration, the National Assembly, the Ministry of Foreign Affairs, the Ministry of Territorial Administration and its Migration Agency, the National Security Service and its Border Guards Troops, the Ministry of Labour and Social Issues and its State Occupation Service, the National Police, the Ministry of Justice, the National Statistics Service, the Ministry of Health, the Ministry of Economics, as well as the Prosecutor General’s Office. Finally, the assessment also benefited from input of colleagues at the IOM missions in Armenia and Austria, particularly by Ms. Ilona Ter-Minasyan and Ms. Katarina Lughofer. The assessment report was prepared at a most opportune time when the Armenian Government started to initiate a reform of migration management in the country. We hope that the main findings and recommendations will help steer the reform in view of the creation of an efficient and comprehensive migration management system in Armenia aiming at the right balance between facilitation and control of migratory flows. This system could include, among others, the creation of the new central body dealing with migration management, the introduction of electronic passports and identification cards with biometric parameters, the setting-up of migrant accommodation centers complying with international best practices and humanitarian standards, and the initiation of integrated border management. We also hope that the findings of this report will serve as a point of reference for the multi-annual national plan of action for migration and asylum, which is currently being formulated by the Government of the Republic of Armenia within the European Neighbourhood Policy framework. Director, IOM Helsinki / Finland Director, International Organizations Director, IOM Geneva / Switzerland Regional Representative for the Nordic Department Department Technical Cooperation on Migration and Baltic States and the European Ministry of Foreign Affairs of the neighbourhood Republic of Armenia 5 Section I - Introduction A. Executive Summary At the request of the Government of Armenia, with support from the Swedish Migration Board, and within the scope of the EC funded programme “Informed Migration – An Integrated Approach to Promoting Legal Migration through National Capacity Building and Inter-regional Dialogue between the South Caucasus and the EU”, IOM and the Swedish Migration Board carried out an assessment of the country’s migration management system between the end of 2007 and the beginning of 2008. The primary objective of this assessment was to identify the main gaps and key areas requiring attention in the field of migration management and its legal basis in Armenia. Immigration of foreigners into Armenia was prioritized though emigration of Armenian nationals was also considered. During the Armenian officials’ Study Tour to Sweden at the beginning of April 2008 the Experts were informed of the recent formation of a Working Group to prepare a position paper on the possible re- organization of the administrative structures and duties of the different agencies that currently have a stake in the Migration Management process in Armenia. It is the hope of the Experts that the Migration management Assessment presented here will provide useful suggestions and guidance to the next sessions of the mentioned Working Group. Ultimately, the Assessment’s recommendations aim to strengthen the Armenian Government’s capacity to develop a realistic and effective migration management system that takes into account the Armenian reality but is also consistent with international standards, not least in view of the European Neighbourhood Policy and other European Union (EU) foreign policy instruments. Additionally, a preliminary review of the existing migration related legislation was also carried out in consideration of its possible approximation to the EU Migration Acquis1. The Assessment Team noted that the Government of Armenia faces several challenges in the management of the flows of foreigners across its international borders and their ensuing stay in the country, be it temporary or for longer periods. It is also important to consider Armenia’s rising living standards as well as its geopolitical situation with close ties to the Black Sea region and therefore proximity to the new EU borders of Romania and Bulgaria, which might produce an increase in arrival of migrants aiming in fact to enter the EU, particularly following these countries’ up-coming entry into the Schengen zone2. However the overriding factor is that legal migration into Armenia is accessible to such an extent that illegal migration becomes almost a “non-issue”. Some of the more important factors contributing to this are: (cid:63) Armenia’s rather liberal and open policy on entry following its free market policies to promote tourism, investment as well as consolidating its role as an “education service provider”; (cid:63) A very liberal visa regime both in terms of visa categories as well as in relation to visa issuance at the borders – The current list of 73 countries whose nationals may not obtain a visa at the border has now been proposed for reduction to only about 17 countries, which is expected to come in force as of May 2008; 1 “Acquis” in this case refers to all EU legal framework documents, binding and non-binding, currently applicable to EU member states in relation to migration matters. Specifically, please refer to the EC JLS Consolidated Acquis, sub- chapter ‘’Migration”. 2 Currently Frontex research shows that the Black Sea ports of Romania and Bulgaria are not high risk zones for irregular migration, though the entry into Schengen of these countries may well change that pattern. Both Frontex and Europol maintain that high irregular migration passage from, and through, the South Caucasus remains land route based through Turkey and Russia/Ukraine (Europol, Irregular Migration Experts’ Meeting, The Hague March 2008) 6 (cid:63) No proper inter-agency administrative structure nor a clear-cut inter-agency cooperation in place between the various ministries3 and agencies, allocated with competences in different areas of migration management. Ultimately this undermines the objective of dealing with the different immigration issues in a coherent manner; (cid:63) The lack of systematic requirements for the issue of residence permits and their categories as well as length of validity – particularly crucial for the residence permits issued on the basis of employment, in relation also to Armenia’s own un-employed population; (cid:63) There is no specific work permit system for foreigners in place, meaning that there are no limits to the employment of aliens who obtain residence permits simply on presentation of employment contracts, neither are any particular obligations imposed on employers as regards the employment of foreigners; (cid:63) Except for entry and exit no further tracking mechanism for foreigners is in place inside the country to verify “change in status”; (cid:63) There is no system in place that would alert Armenian migration authorities of “over- stayers” (both on visa and residence permit expiration), except upon exit from the country; (cid:63) Overall the existing entry and exit NSS (National Security Service) Management Information System (BMIS) database has excellent potential but is undermined by the lack of inter-connectivity with the Police (DPV, OVIR) data; (cid:63) The assessment team has noted an excessive divergence in the definition of “irregular/illegal migrant” with disproportionately high (criminal) penalties for illegal border crossing, as opposed to limited and lax (administrative) penalties for other immigration offences, such as over-stay; (cid:63) There is a lack of detention facilities for irregular migrants, either around the borders for short stay (48 to 72 hours) or for longer three to six months stay anywhere inside the country; theoretically irregular border crossers may be put in jail4; (cid:63) There is a lack of funds to enforce deportations, though the caseload is still relatively small. Additionally, the current migration realities and trends are at times not adequately covered by the existing legislation of Armenia. Although the legislation addresses the main phenomena of the migration process, it remains quite basic as it contains just general provisions, which do not cover all peculiarities standard to migration processes. Furthermore, the legal provisions need to be defined in a clearer manner, with an enhanced orientation towards EU requirements certainly being advisable. These issues call for strong leadership and comprehensive policies, supported by appropriate legislation and by-laws, an effective, trained and equipped migration management administration, as well as efficient practices. 3 Agencies involved directly are: The Consular Department of the Ministry of Foreign Affairs, The National Security Service Irregular Migration Section, the Border Guard of the National Security Service, the Passport and Visa Department of the Police, the Ministry of Territorial Administration and the Migration Agency of the same Ministry. Other ministries such as Labour and Social Issues – and in particular its State Occupation Service, Economy, Justice, Health, and Education do not play active roles though they are in practice affected by immigration issues. 4 In practice this almost never happens unless the irregular border crossing is associated with smuggling. The penitentiary administration declined that migrants would be jailed in their facilities for the sole crime of irregular border crossing though additional information report about 50 irregular border crossers to be held at Vardashen correctional institution. These 50+ persons are reported to be ethnic Armenians from Cyprus, Iran and Russia. 7 The experts’ assessment of Armenia’s migration management capacity identified weaknesses which, unless quickly addressed, are expected to fuel the flow of irregular migrants, transnational crime and other abuses directly and indirectly linked to migration – potentially jeopardising the country’s security and interests. These weaknesses in the field of migration include: (cid:63) A lack of overall direction and limited policy development and implementation capability; (cid:63) An insufficient legal framework and a lack of clear criteria for entry and residence; (cid:63) The fact that there is not one single government agency coordinating migration management5 nor, alternatively, clear terms of reference for the division of tasks between the existing agencies dealing with the migration process6; (cid:63) A lack of a coherent system for migration data collection and analysis and an insufficiently elaborated data exchange mechanism between institutions dealing with migration. On a positive note, it can be assumed that this rather “young” immigration management scenario presents an opportunity to revise and possibly create or strengthen a structure which is oriented towards EU requirements (as spelled out in the EU Consolidated Acquis, Chapter 24 JLS, sub- chapter Migration). However, this would require a shift in the policy of a twofold nature: 1. Recognize the importance of controlling immigration – facilitating legal migration and investment of foreigners, while attempting to block all forms of irregular migration practices, not just illegal border crossing. 2. Empowering one ministry or agency which commands sufficient respect in the inter-agency environment to be an effective coordinator of migration issues across the spectrum of migration management requirements, even if other agencies remain involved in immigration management. Lastly, relations with the EU play a key role in the potential reform of Armenian migration management. The framework of the European Neighbourhood Policy (ENP), among other issues, foresees the development of a Migration Action Plan, which needs to be based on a coherent migration management strategy. The Government of Armenia needs to take control of migration management and to articulate a clear vision supported by appropriate policies and legislation to create clear regulations and procedures. In terms of structures, it is important to have a strong coordinating agency, though competencies in the process may require the services of other agencies. International practice suggests that good migration management consists of four essential interdependent tiers: (cid:63) Policy; (cid:63) Legislation and procedures; (cid:63) Administrative structures; (cid:63) Enforcement and operational mechanisms. Based on this practice the report proposes the following recommendations for the Government of Armenia to consider: 5 Like for example Sweden. 6 Like for example the Czech Republic. 8 A.1. Policy The expert mission took due note of the policy priorities of Armenia in the sphere of immigration and noted that the basis is an “open door policy” in an attempt to foster the following sectors linked to the “in-flow” of foreigners: ► Develop the attractiveness of Armenia as a tourist destination and therefore increase visitor volume. ► Attract foreign investment to Armenia, not only of the large investor type but also small and medium enterprises. ► Continue to be a prominent “education service provider” for the neighbouring countries. However when thinking about tourism it may be worthwhile to consider increasing the number of “visa free regimes” towards developed countries that are likely to send tourists to Armenia. The presence or not of a visa requirement is often a determining factor in the decision of which country to visit on the next holidays. De facto the simplicity of obtaining a visa at the border is not a pull factor for tourists but rather a potentially high probability for breaches in security and the entry of un-wanted persons into Armenia. It is clear and easily understandable that from an income point of view it is better to turn a visa into an “entry tax” rather than eliminating its requirement altogether. However there should be a careful consideration of the security implications that this de-generation of visa purpose might present for the country. Similarly, when talking of small and medium entrepreneurs who may wish to consider investing in Armenia much of the above applies. Additionally it is the opinion of the experts that investment is not mainly encouraged by simple entry procedures but rather by other procedures that attract, facilitate and guarantee the investment of the foreigner, particularly when of a small nature. The establishment of an “investment promotion centre” may be advisable, not just for large investment but also for SMEs.7 As far as the country’s attractiveness for foreign students, a hard look must be taken at the nationalities that are requesting this type of permit and indeed the percentage of students that are actually completing the education cycle. Currently about 5,000 student permits are granted every year to prospective students of the neighbouring countries, mainly at the university level (Georgia, Russia, Iran, but also Syria and India).8 The fact that “agencies” are allowed to process these requests is definitely not a guarantee of correct purpose. It is unclear whether these “students” ever complete their expected cycle of study in Armenia. Furthermore these same nationalities and age-group appear often at the external borders of the EU,9 leading the experts to believe that there might be a probable connection and therefore possibly an un-wanted, but legalized, transit. Based on these considerations the expert team has defined several policy recommendations for immigration matters: 1. Develop a more balanced policy on migration, tackling not only the illegal, but also the legal part of the phenomenon and thus balancing control and facilitation. 2. Adapt the new policy to the internal and external migration realities of Armenia aimed to control and manage migratory flows according to national interests, but at the same time in concordance with the commitments assumed towards the EU through the ENP commitments. 3. There is a need of a “key institution”, ideally of a civilian nature, for migration policy development, which has to be identified and formally charged with coordination of the process 7 The Ministry of Trade and Economic Development has created a Fund “National Center for Development of Small and Medium Entrepreneurship (NCDSME)” (http://www.smednc.am/) in 2002. However, the NCDSME is not geared towards foreigners. 8 Among these students there are many who are of Armenian ethnic origin. 9 Trend confirmed by Polish Border Guard sources (Europol, Irregular Migration Experts’ Meeting, the Hague March 2008). 9 understanding that migration is a much wider issue than the influx and accommodation of refugees and tends to move towards increases in both immigration and emigration for economic purposes. 4. Sector policies and strategies implemented by different line ministries (Labour and Social Issues, Health, Education, Trade and Economic Development,10 etc.) need to be reviewed and streamlined with a view to integrating migration policy aspects into those policies and strategies. 5. Overall the shift in policy needs to move from a “laissez-faire” attitude to the belief that migration needs to be managed and regulated in order to reap its benefits. 6. Though policy should not enter into regulatory details, it may be important that the Government recognize specifically that visa and residence criteria – for issuance, validity and renewal – need to be reviewed. As far as the “out-flow” of Armenian Nationals the priorities seem to revolve around the following: ► Attempt to keep track of the Armenian Diaspora abroad in an attempt also to secure the rights of Armenian nationals abroad building up the consular services offered abroad to Armenians. Biometric passports are part of this strategy. ► Generally attempt to facilitate the free movement of Armenians abroad and in particular to the EU through the negotiation of more facilitated visa regimes possibly leading in future to visa free opportunities. ► Facilitate the concept of “circular migration”, particularly to the EU in order to maximize economic development from the exchange and build-up of experiences both in terms of financial remittances but also in terms of returning expertise. Based on these considerations the expert team has defined certain policy recommendations for emigration matters: 1. Effective management of migration can only be achieved if policies and strategies are based upon sound knowledge of real migration flows. Thus, the collection and analysis of validated and reliably aggregated data and ensuing production of timely statistics have to be part, and ideally the base, of a comprehensive national migration policy. 2. Develop an implicit or explicit emigration policy taking into account the demographic and economic effects of out-migration on the country as well as the role that migrant remittances and diaspora could play in the future if encouraged in the correct manner. 3. The focus on readmission and reintegration of migrants returning to Armenia, either in a voluntary or forced manner, should continue to figure as prominent issues in Armenia’s foreign policy, but also be considered in migration policy development, potentially including also preventive measures aimed at discouraging irregular emigration. A.2. Legislation For effective management of current migration processes in the country and support of the proposed recommendations of the assessment team, it is suggested that the development of existing migration legislation (Law on Aliens primarily, but also other related laws) should be streamlined in the following directions: 10 Since April 2008 the Ministry of Trade and Economic Development was renamed Ministry of Economy of the Republic of Armenia. Since the Assessment was written in March, throughout the text the old name of the Ministry will be used. 10