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New Prospects of Migration – Workshop of the Czech and Moldavian representatives, 24th – 25th November 2003, www.mkc.cz a www.migraceonline.cz Concept of the migration policy1 Mr.Ion Loghin2 CONCEPT OF THE MIGRATION POLICY OF THE REPUBLIC OF MOLDOVA I. General dispositions The social-economic and political evolutions that took place during the last decades and continues to develop at global level created the premises for a considerable change in the field of migration, imposing the offering of a special attention to these problems, approached more and more frequently within the political dialogue of the international collaboration. In line with the activation of migration fluxes raised the concern of the majority of states against the problems related to these processes. The international organisations in the field state that currently the ampleness of this process is not known sufficiently and there are no precise statistic data that would reflect the proportions of the migration in the world and would allow its correct evaluation for the elaboration of adequate policies. The social consequences of migration are as important as their influence on the economy. The illegal migration causes multiple issues related to employment, breach of the rights of Moldovan citizens who are abroad, illegal immigration of foreign citizens and stateless persons, illegal transition on the territory of the country, traffic in human beings, aggravation of criminogenic situation. As a result of the emigration of a big part of population the labour market may face disproportions conditioned by the lack of adequate labour force. It is a need financial means and time to replace the constructors, teachers, doctors, engineers and other categories of qualified specialists who left their working places. The migration process has an influence both on social, economic and demographic situation in the country and the stability and the security of the state. The analysis of the migration situation denotes the fact that the current system of its regulation does not comply with the real necessities. The current legal framework does not ensure the full respect for the rights of migrants, and the activity of state structures is insufficient, as they do not have a well-determined mechanism of supervision and control of migration fluxes as well as necessary means for their management. The new social-economic and political realities request the state to take a special attitude with regard to the migration problems of the population, meaning the adoption of an adequate strategy in this field and the elaboration of a legal framework needed for the promotion of the migration policy of the Republic of Moldova. This Concept aims to determine the state policy in the field of migration, a fact that will lead to the ensuring of Human fundamental rights and liberties, regulation and management of the migration process in the interests of the persons and the society, social protection of migrants and their families, establishment of collaboration relationships with other states, creation of conditions for legal employment abroad for Moldova citizens, combating of illegal migration and traffic in human beings. The concept of the migration policy sets the basic aims, tasks and priority directions for regulation and development of migration processes in the Republic of Moldova, ways of promotion and realisation of migration policy, basic tasks and functions of the public administration in the field of migration 1 Workshop was organized by the Multicultural Centre in Prague together with the International organization for migration in Prague, and has taken place under the auspices of the Open Society Fund in Prague 2 Counselor at the Migration Department of the Republic of Moldova New Prospects of Migration – Workshop of the Czech and Moldavian representatives, 24th – 25th November 2003, www.mkc.cz a www.migraceonline.cz Through the regulation of migration processes it is meant the realisation of a set of legal, administrative and social-political measures oriented towards the stimulation and or limitation of migration in or out the territory of the country, the ensuring of the respect of migrants’ rights and the traffic in human beings. The migration policy is part of the internal and foreign policy of the state and its realisation is one of the state’s priority tasks. The subjects of the migration policy are the authorities of the central and local public administration, citizens of the Republic of Moldova, foreign citizens and stateless persons who enter or leave the territory of the Republic of Moldova. The partners in the realisation of the migration policy are the international bodies, trade unions, employer organisations, non-governmental organisations acting in the field. The State determines the aims and procedures, as well as the responsibility for managing the actions with regard to migration and establishes the co-operation relationships at international level. An important role is undertaken by the state in exercising the control over the entry and leaving the country for all the categories of migrants, combating illegal migration and preventing the activity of physical and juridical persons who intermediate illegally the employment abroad, combating the traffic in human beings. II. Objectives of the migration policy The objectives of the migration policy consist in regulating the migration processes and diminishing their negative impact, ensuring the national security, combating illegal migration and the unlawful traffic in human beings, creating fair conditions for the realisation of rights and the ensuring of social security of migrant people. III. Principles of migration policy The migration policy of the Republic of Moldova is based on the following principles: - respecting the Human rights and fundamental liberties stipulated in the Republic of Moldova Constitution, in other normative acts and international treaties to which Moldova is part; - ensuring the right to free movement for any citizen of the Republic of Moldova; - non-discrimination on grounds of race, nationality, ethnic origin, language, religion, sex, opinion, political option, property, social origin or any other reasons; - observance of Republic of Moldova legislation by the migrants; - observance of the “non-refoulment” principle with regard to the asylum seekers and refugees. IV. Tasks of migration policy The main tasks of the migration policy are the following: - ensuring and defending the rights of migrants; - ensuring the social protection of migrants; - regulating the fluxes of migrants; - ensuring the national security, securing the state borders and respecting the state’s interests in the conditions of developing the migration processes; - easing the process of social integration and naturalisation of migrants; - performing the control over the migration at the state borders and over the observance of the stay regime of foreign citizens, and stateless persons on the territory of the country; -combating the illegal migration and the unlawful traffic in human beings. New Prospects of Migration – Workshop of the Czech and Moldavian representatives, 24th – 25th November 2003, www.mkc.cz a www.migraceonline.cz V. Priority Directions of the migration policy The realisation of the migration policy presupposes the activity of central and local public administration authorities in the following priority directions: 1. Elaborating new normative acts in the field of migration and amending the normative acts in effect, a fact that will create the needed legal framework necessary for determining the rights and obligations of the state and of the migrant person. The legal framework in force does not comply with the reality. It is a need for developing a new law on migration and other normative acts that would determine the rights and obligations of migrants, the responsibilities of physical and juridical persons and the attributions of public administration authorities, the way of their mutual co-operation, as well as with the international bodies and non-governmental organisations that act in the field of migration. 2. The defence of migrants according to the provisions of the international law, adherence to the international treaties and organisations in the field of migration and social protection of migrants, establishment of partnership relations with the states parties to these treaties and organisations. The adherence of the Republic of Moldova to the international treaties in the field, adjustment of the national legislation to their provisions will allow the implementation of the norms of the international law and will create appropriate conditions for he full observance of migrants’ rights. The rights and privileges that are offered reciprocally to their citizens by the states who adhered to the international treaties will be acknowledged and respected for by the citizens of the Republic of Moldova who are abroad. A priority in this respect is the social protection of migrants. The establishment of partnership relation will ease the access to the experience acquired by other states in the field of migration regulation. The co-operation with the Council of Europe, European Union, International Organisation for Migration, International Organisation of Labour, UN High Commissioner for Refugees and other international bodies will contribute to the solution of problems in the field of migration, including the employment abroad of Republic of Moldova citizens, the realisation of programs of repatriation, protection of migrants’ health and their reintegration in the society of repatriated persons, offering service of financial, methodological and informational assistance, the activity of training and professional orientation, languages studying, other actions meant to ease the organised migration. 3. Adjusting the national legislation to the international standards. The European and international legal framework are aimed at transforming migration into an organised and controlled process, full observance of human rights. The adjustment o the domestic legislation to the international standards will ease the conformation of the Republic of Moldova with the international requests. 4. Improving and expanding at local level the authority of central administration in the field of migration, coordinating the activity of public authorities with attributions in the field. The structure in effect of the central public administration authorised to regulate the migration needs to be modified as their actions are not efficient and are not sufficiently coordinated. It is also a need for the implementation of a migration regulating system in the territorial administrative units. 5. Increasing the responsibility degree of the central and local public authorities, judiciary, non-governmental organisations, physical and juridical persons regardless of the type of property and the juridical or of organisation in combating the illegal migration. New Prospects of Migration – Workshop of the Czech and Moldavian representatives, 24th – 25th November 2003, www.mkc.cz a www.migraceonline.cz This direction of realising the migration policies has as objective the co-operation central public administration authorities, whose activity of combating and stimulating the illegal migration is co-ordinated by a specialised body. 6. Concluding international treaties on the employment and social protection of Moldovan citizens. International treaties on regulating the labour force migration and the social protection of migrant workers will contribute to reducing the level of illegal migration, will guarantee working places according to the law in effect, will change the migration equilibrium towards the increase in the legal migration for working purposes. 7. Creating conditions for the adaptation of migrants to the social-economic life of the country and reintegration of repatriated persons. The realisation of these objectives presupposes the elaboration of several programs of professional training and re-qualification, professional orientation, consulting psychologist doctors, medical ensuring, acquisition of national material and spiritual values, studying of the language. 8. Implementing an automatic supervision and control of migrants at the places of crossing the state borders. Automatic supervision of persons who enter and leave the country will create premises for the securing the state borders, preventing illegal migration and unlawful traffic in human beings, the supervision of all categories of migrants. 9. Attracting and using efficiently the financial resources for the solution of problems in the field of migration. The financial means offered by the international bodies, grants allotted by the foreign countries and the means acquired from other sources will be gathered and used or the realisation of programs and projects of major importance in the field of migration in order to increase the security of the state. Changing the state taxes and payments for the services offered to immigrants who solicit the legalisation of stay and working activity in the Republic of Moldova will allow the solution of problems related to the improvement of services for migrants and regulation of migration processes. VI. Promotion and realisation of the migration policy The migration policy of the Republic of Moldova is promoted by the public authorities according to the attributions stipulated in the Republic of Moldova Constitution. The realisation of the migration policy is the prerogative of the central public authority in the field of migration in collaboration with other governmental structures. The promotion and realisation of the migration policy presupposes the following: 1. Developing programs with regard to the realisation of the migration policy, namely: ensuring the social protection of migrants; attracting foreign investments; creating working places; ensuring the necessary conditions or the efficient use of incomes from the work offered abroad in view of developing the small and medium business; easing the money transfers. The implementation of such programmes will influence positively on the development of the national economy, solution of social and educational problems, regulation of migration influx, growth of incomes in the state budget, creation of conditions for the repatriation of migrant workers. 2. Creating a authority of the central public administration in the field, having the function to co-ordinate and regulate the migration processes, namely: - elaborate of legal framework of regulating the migration processes; New Prospects of Migration – Workshop of the Czech and Moldavian representatives, 24th – 25th November 2003, www.mkc.cz a www.migraceonline.cz - develop drafts of international treaties in the field, initiating, negotiating and concluding them according to the way set in the domestic legislation; - carry out the control over the respect for the legislation on migration; - regulate the migration and repatriation processes; - offer the status of immigrant, repatriated and refugee; - regulate the process of working force migration; - elaborate and implementing the supervision list at the transition points of the state borders; - issue invitation for foreign citizens and stateless persons; - elaborate the draft of annual migration quota; - decision-making with regard to permanent or temporary establishment in the Republic of Moldova; - controlling the observance of the stay of foreign citizens and stateless people in the country; - contribute to combating the illegal migration and work of migrants; - provide veridical and detailed information to potential migrants on the rules of entry and stay, unfold of working activity as well as living conditions of employees; - implementing a new supervision and control system of all persons who enter or leave the country; - implement the provisions of international treaties in the field; - implement the programs of adaptation of migrants in the society; - elaborate and present in the established way of proposals with regard to the establishment of administrative and criminal accountability for the persons who practise the activity of unlawful employment of Moldovan citizens abroad, the organisation of illegal traffic in human beings or encourage such actions. 3. Organising the automatic informational system on the migration of people. The automatic informational system of population migration represents an effective instrument for the realisation of migration policy of the Republic of Moldova meant to ensure the solution of problems related to the entry or leaving of the country, control over the observance of stay regime in the country of foreign citizens and stateless people as well as periodical performing of prognoses, expertise and sociological researches. The automatic informational system has the following functions: - supervise of stay and leaving of all persons in the places of transition of the state borders; - control the entry and leaving of foreign citizens and stateless people, of Republic of Moldova citizens and persons in transit; - recognise foreign citizens, stateless people who are not allowed to entry in the country; - control and detect of foreign people who breach the stay regime in the country; - forecasting the development of migration processes. VII. Planned results following the implementation of the Concept of migration policy of the Republic of Moldova The implementation of the Concept of migration policy of the Republic of Moldova will allow the efficient regulation of migration processes, will secure the state borders, creation of a database on all the categories of migrants, ensure the supervision of foreign citizens and stateless people on the territory of the country, ease the registration and supervision procedure of these categories, predict migration fluxes, prevent and combat the illegal migration and illegal traffic in human beings.