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MFA protects Ukrainians abroad

On the protection of rights and interests of citizens and legal entities of Ukraine abroad

– Article 25 of the Constitution of Ukraine stipulates that “Ukraine guarantees care and protection to its citizens who are outside its borders.” The priority direction of the foreign policy agency’s work is to ensure conditions for the realization of this constitutional right.

Since the establishment of the consular service of Ukraine, the Ministry of Foreign Affairs, diplomatic missions and consular offices of Ukraine abroad have been working to create an effective mechanism for protecting the rights and interests of Ukraine, Ukrainian citizens and legal entities in the host state. The Consular Service Department of the MFA has made significant efforts to establish cooperation between the international legal units of justice and law enforcement bodies of Ukraine and their foreign counterparts on matters of ensuring the rights and interests of Ukrainian citizens on the territory of other countries in civil, labor, marriage-family and criminal cases. Considerable attention is paid to preventing the alienation of state property of Ukraine, ensuring the protection of crews of Ukrainian sea and air vessels in foreign ports, releasing vessels from arrest, providing emergency assistance in the repatriation of sailors, etc.

On preventing human trafficking

– This is one of the topics that has become particularly relevant today. Surprisingly, this issue still remains on the agenda of humanity.

We have introduced a simplified procedure for returning to Ukraine citizens who have become victims of crimes related to human trafficking, sexual and other exploitation. Agreements have been reached on the exchange of information on victims of human trafficking and sexual exploitation, as well as on financing the return of Ukrainian citizens by the offices of the International Organization for Migration (IOM) in countries where these phenomena have become most widespread. I can say that to date, with the assistance of the IOM, 57 citizens of Ukraine have been returned home.

The Consular Service Department, diplomatic missions and consular offices of Ukraine abroad in the host countries have analyzed the situation related to trafficking in women and prostitution, the legislation regulating these issues, as well as the experience in countering these phenomena. During 2000, Ukrainian embassies registered 2 such cases in Greece (in 1999 – 3), 16 in Turkey (in 1999 – 3), 24 in Croatia (in 1999 – 16). For comparison: over the same period, the Greek police deported more than 1,000 Ukrainian women who were engaged in prostitution. The situation somewhat changed in Israel – in 2000, 267 Ukrainian women (in 1999 – only 3) approached the consulate for assistance, who were forced into prostitution.

Based on our materials, a brochure “If a Woman Goes Missing Abroad” was prepared and published. On the Ministry’s website, a memo on the assistance that a Ukrainian consular office abroad can provide is posted (based on it, in February of this year, the newspaper “Zagranitsa” published an article “Who Will Protect a Ukrainian Abroad”). Together with the State Tourism Committee of Ukraine, we will soon distribute such a memo among Ukrainian tourists planning to travel to countries around the world.

On cooperation with the International Organization for Migration

– During the visit to Ukraine of the IOM Director General Mr. McKinley, he emphasized that the Ukrainian side can count on the support and assistance of this organization in the development and implementation of programs for proper border management; on Ukraine’s involvement in IOM programs for returning illegal migrants to their countries of origin; on further financial assistance from the IOM in returning Ukrainian citizens – victims of human trafficking – to their homeland; on assistance in publishing informational and explanatory brochures related to the involvement of Ukrainian citizens in the sphere of illegal migration.

On employment of Ukrainian citizens abroad and issues of labor migration

– Information available at the MFA of Ukraine indicates that in most cases, the lack of knowledge about the country, conditions of stay and employment there leads to Ukrainian citizens entrusting their fate to dubious intermediary structures that profit from the “resale” of labor to foreign clients. Illegal employment abroad is an offense punishable by law and entails administrative liability followed by deportation from the country and a ban on entry for a certain period. Obtaining tourist visas implies precisely the tourist nature of the trip, not departure abroad for the purpose of subsequent employment. Foreigners who have not obtained a work permit in the manner prescribed by the legislation of the host country are considered illegal migrants.

A necessary prerequisite for legal employment abroad is, in particular, obtaining a work permit before entering the country. To obtain such a permit, as a rule, confirmation from the employment service of the relevant country, the availability of insurance coverage and other necessary documents from the foreign employer are required.

I emphasize that legal protection abroad of a citizen of Ukraine can be provided by the consular office of our state only within the limits of the legislation of the host country. On the Ministry’s web page, materials on the legislation of 40 countries in the field of employment are posted.

On the visa policy of Ukraine

– Recently, the Concept of Further Reform of Ukraine's Visa Policy, which we proposed, was supported. It aims to achieve the following goals: implementation of the European integration course; strengthening mutually beneficial relations with neighboring countries; forming a positive image of our state as a transit and tourist-attractive country; ensuring favorable conditions for the movement of people, services, capital, as well as developing regional economic cooperation; increasing the level of controllability of mutual trips of citizens with CIS member states. We will continue to work diligently in this direction.

In 2000, 311,165 visas were issued for entry into Ukraine; of these, tourist visas – 81,046, business visas – 72,512. Consular fees for visa processing amounted to almost 20 million US dollars.

On the operation of checkpoints at the state border of Ukraine

– The procedure for passing border and customs control by citizens, including those traveling in their own vehicles, should be simplified; the practice of joint border and customs checks should be expanded, especially on the Ukrainian-Polish and Ukrainian-Russian sections of the border; the activities of structures not directly involved in ensuring their functioning, duty-free trade, necessary banking services, and communication services, etc., should be terminated at checkpoints; the collection of a single fee at customs checkpoints should be introduced, and the establishment and collection of other types of fees, including for the passage of vehicles, etc., should be prohibited.

The unresolved nature of these issues leads to significant financial losses arising from the reorientation of transit freight transportation and tourism.

On illegal migration

– This is a painful topic for our country. At the current stage, Ukraine has gradually transformed from a transit country for illegal migrants into a country of their accumulation. The largest number of illegal migrants are from so-called “third world” countries.

It should be noted that the number of detained illegal migrants, thanks to the efforts of the relevant authorities, is slowly but increasing. Some statistical data: in 2000, border guards detained 5,422 illegal migrants; in 1998 – 11,744; in 1999 – 14,646 people. At the same time, more than 60% of detained illegal migrants were transported to Ukraine from Russia or in transit through Kazakhstan, Tajikistan, Turkmenistan, Uzbekistan, and Azerbaijan.

A bit of statistics

During 2000, the Department of Consular Service processed 118,937 applications from citizens. The total amount of consular fees for this period amounted to 3,614,500 hryvnias and 26,333,800 US dollars (for comparison: in 1999 – 2,318,700 hryvnias and 22,184,600 US dollars). These figures show that the consular service of the Ukrainian Ministry of Foreign Affairs contributes to the state budget.