Structure of the Draft Moscow Declaration

DRAFT

Moscow Protocol of Intentions on Migration Policy in CIS Countries:

Toward the Creation of a Unified Migration Space

Preamble

Migration plays a substantial role in the social and economic development of the Commonwealth of Independent States (CIS). The number of migrants in CIS countries has been increasing rapidly. In 2005 an estimated 31 million people in the CIS -several times as many as a decade ago- left their homes and homelands in search of better opportunities and livelihoods. Yet, despite the significant scale of migration and the fact that it involves all CIS countries, no unified migration policy exists to set out the responsibilities of the various parties involved: sending countries, receiving countries, migrants themselves, employers, intermediaries, and so forth. This results in large numbers of undocumented migrants and violations of migrants’ rights.

This Protocol of Intentions posits that increased cooperation and coordination among CIS countries will have benefits to all. The Protocol aims to catalyze actions aimed at creating a unified migration space in CIS member countries and presents objectives that address three broad categories of migration issues: (i) the creation of a unified migration space, freedom of movement, and the protection of basic rights of migrants, (ii) the freedom to undertake labor activity; and (iii) support services for migrants.

An action plan is attached to this Protocol. It sets out initial activities that could be undertaken to reach the objectives spelled out in the Protocol.

Overarching Objective

The objective of the Protocol is to contribute to the creation ofa unified migration space amongCIS countries. TheProtocol encourages CIS countries to coordinate migration policies, to formulate rules governing cross-border movements, and to move toward a unified migration space and labor market.

The Protocol is based on commonly accepted principles and norms of international law, as well as the provisions stated in the national legislations of the CIS member countries. It takes into account the provisions of the CIS Convention on the Rights and Key Freedoms of People dated May 26, 1995, as well as the Declaration on Commonly Agreed Migration Policy of the CIS States, dated October 5, 2007.

TheProtocol posits that increased cooperation among CIS member countries in the area of migration policy is possible based on the principles of equal partnership, mutual respect for sovereignty, and noninterference in the internal affairs of each other. It will be important for CIS country governments member countries to involve a broad spectrum of civil society stakeholders, including trade unions, diasporas, NGOs, public agencies, and migrants themselves. Each party has a role to play and a responsibility to bear in ensuring that migration flows are governed by clearerand more effective rules than is currently the case.

Basic Rights of Migrants

Paragraph 1. Freedom of movement and right of residence

CIS citizens should have the right to move freely within CIS territory without having to obtain a visa. CIS country governments should commit to complete implementation of free movement, including the elimination of internal border controls and other limitations of free movement. CIS citizens should be allowed to choose their place of residence, and any existing restrictions on residency should be removed.

Paragraph2.Right to maintain identity and links, family reunification

CIS country governments should ensure that migrant workers are free to maintain their ethnic, linguistic, cultural, and religious identities, and to retain ethnic and cultural links with their home countries. Opportunities for family reunification should be expanded, and procedures for obtaining permanent residence and citizenship should be simplified.

Paragraph 3. Antidiscrimination measures

CIS country governments should enforce existing legislation that stipulates zero tolerance for any kind of discrimination based on gender, race, language, religion, political, and other views, ethnic and social status, and property or marital status. CIS governments should also actively oppose extremist organizations that are based on national, religious, and race affiliations. While recognizing that it is necessary to fight organized crime and quell the practices of human trafficking and black market activities, CIS governments should commit to eliminating the use of coercive methods to regulate migration and to reducing the number of arrests, detentions, and deportations of migrants. CIS governments should also work to eliminate harassment and corruption by law enforcement agencies with respect to migration issues. Demilitarization of borders between some countries of the CIS and immigration control will contribute to reducing the frequency of abuse of migrants’ rights.

Paragraph 4. Protection of the legal rights of migrant workers

CIS country governments should ensure that all migrants, irrespective of their legal status, have access to legal representation and are free to advocate protection of their rights through participation in civil society organizations, legal or diaspora-type NGOs, business structures, unions, and other organizations.

Labor Rights

Paragraph 5. Right to carry out labor activity

CIS governments should commit to the creation of a unified migration space and labor market in the medium to long term. Under such a unified labor market, all restrictions that impede the right of CIS citizens to carry out labor activity in the CIS territory would be lifted.

Paragraph 6. Liberalization of labor migration regimes and creation of a unified labor market

As a first step toward the creation of a unified labor market, CIS country governments should commit to simplifying and harmonizing their labor migration regimes and to reducingexisting administrative barriers that impede the right to work. CIS countries shouldstandardize the documentation that is currently required to carry out labor activity. Until a common labor market is established, quotas limiting the number of labor migrants should reflect the true demand for foreign workers, which can only be realized through cross-border consultation involving civil society stakeholders such as trade unions, diasporas, NGOs, and public agencies. Today, most undocumented migrants in the CIS territory are citizens of CIS countries. To prevent undocumented migration, countries should further liberalize migration legislation, implement existing bilateral migration agreements, and encourage the signing of new bilateral agreements. Migration amnesties may be used to settle the status of some illegal labor migrants, especially those who have lived in the host country for a long time.

Support Services for Migrants

Paragraph 7. Services and facilities for migrants

CIS country governments should work with civil society, the private sector, and diasporas to establish support facilities for migrants. These include: (i) information on skills that need to be acquired before departure to the destination country; (ii) job placement and residence issues in the destination country; (iii) skills enhancement and opportunities for education in the destination country; (iv) language, culture, labor market requirements; and (v) any other services that will facilitate the integration of migrants into the society of the destination country. Governments should commit to establishing dedicated departments in their employment-related agencies to be responsible for migrant affairs; develop laws regulating private employment agencies; and provide adequate forms of licensing, accreditation, and supervision of such organizations.

Paragraph 8. Social security and access to social services

CIS country governments should work toward the provision of health and social protection services as migrants move from one CIS country to another, in particular to ensure the portability of pension payments between jurisdictions. Governments should strive to ensure that pension contributions made the destination country be credited in pension calculations in the home country.

Paragraph 9. Educational migration

Countries should launch programs to facilitate the exchange of students and teachers. This “educational migration” brings nations closer, facilitates the development of educational systems, and fosters the accumulation of human capital for students in both sending and receiving countries. In support of education, grant schemes should be developed involving state institutions, international organizations, businesses, and NGOs. Educational institutions should be encouraged to cooperate in developing and sharing new technologies and teaching practices. CIS countries should also work toward the mutual recognition of diplomas and degrees.

Paragraph 10. Remittances

CIS governments should work to reduce the cost of remittance transfer and increase its efficiency. This can effectively be accomplished by expanding access for migrant workers and their families to the formal financial sector and transmission channels, particularly in remote areas, through the introduction of new technologies, and by developing microfinance institutions and services targeted to the poor. Governments should also work to strengthen the financial literacy of their citizens.

Paragraph 11. Monitoring

Implementation of a migration policy is impossible without (i) the availability of appropriate data; (ii) continual monitoring of migrants; (iii) access to data bases on employment opportunities; and (iv) assessments of the impact of policy decisions on migrants. Following the example of the EC, CIS member countries should develop migration information exchange systems that include standard databases and exchange of information based on existing state and migration service agencies’ statistical data. This information should be readily available to the public. A thorough and reliable database, and the results of continual monitoring, will assist inrationalizing ongoing debates on migration and reducing negative perceptions of migrant workers that currently exist.

Endorsed at a regional/international conference «…»

Moscow

July 32009