External Dimension of EU Migration Policy: Focus on Russia (and the post-Soviet Space)

1. External Dimension of EU Migration Policy: Focus on Russia (and the post-Soviet Space) Dr. Oleg Korneev Leading Research Fellow Laboratory for Social Anthropological Research Tomsk State University

2. Main points External Dimension of EU Migration Policy: Background EU-Russia Cooperation on Migration Issues: Common Space (2003)/ Road Map (2005) The EU-Russia Agreement on Readmission (2006): Case of Diffusion EU-Russia “Common Steps” for visa liberalization (2011)

3. Major tasks for (EU) migration policy Preventive measures Immigration control Admission Integration Removal (repatriation, deportation)

4. Substantive components:multiannual programmes (1/3) The Tampere Programme 1999 Preventive approach in migration management (“root causes”) Cooperation with the countries of origin and transit Common EU asylum system Fair treatment of third-country nationals The 9/11 effect – securitization (?) Seville 2002, Thessaloniki 2003...

5. Substantive components:multiannual programmes (2/3) The Hague Programme 2004 “Balance” between freedom and security De-facto security prevails Focus on anti-terrorist activity 2005 – Global Approach to Migration Blurring of boundaries between internal and external security and between JHA and EU external policies

6. Substantive components:multiannual programmes (3/3) The Stockholm Programme 2009 Schengen Visa Code Schengen Border Code SIS II (ongoing development) Visa information system Pilot project on burden-sharing: asylum seekers (Malta and 10 other Member States) Focus on migrants’ rights

7. External dimension of EU migration policy The usage of external policy mechanisms for responding to internal policy challenges (North African countries, European Neighbourhood Policy, EU Central Asian Strategy, etc.) Diversification of actors (including private ones): international organisations, transportation companies, security/logistics companies, etc. “Structural foreign policy”: stimulation of changes in internal policies of EU partners (e.g. in Russian migration policy)

8. EU-Russia: path-dependency incooperation on migration issues “Proximity” challenges, shifts of “buffer zones” and the extension of “remote control” Cooperation on migration management is included in the PCA (1994) Common strategy of the European Union on Russia (1999) Russia’s Strategy for Russia-EU relations (1999) Joint Action plan on the fight against organised crime (2000) Kaliningrad transit solution (2002) and the start of negotiations on visa-facilitation and readmission agreements Russian refusal to be part of the ENP: common spaces (2003)

9. EU-Russia Road Map for the Common Space of freedom, security and justice (2005) Formally – three sub-fields of cooperation: freedom, security and justice Visa issues Cooperation on readmission is put under the heading « freedom » Human trafficking goes under « Security » « Freedom » and « Security » have detailed lists of priorities and common tasks NO balance between the sub-fields Clear focus on «tackling illegal migration» Readmission is defined as the priority area no.1.

10. Divergent views on EU-Russia readmission agreement (2006) “The first readmission agreement with a major partner country” (DG RELEX) “The EU badly needed… the readmission agreement… Visa-facilitation was not at all on the EU agenda and it was invented to bargain with Russia to attract it to the readmission agreement” (DG JLS) “A milestone on the way to a visa-free regime” (Sergey Yastrzhembskiy) “Russia has exchanged an elephant for a small dog, giving in to the EU and getting in exchange only a symbolic dividend… It might eventually jeopardize Russia’s interests” (TimopheyBordachev)

11. Implementation of the EU-Russia readmission agreement (1/3) The obligation to readmit their nationals who are staying irregularly in the territory of the other party, as well as those third country nationals who transited through their territory Three-year transitory period, when Russia had to readmit only its own nationals as well as the citizens of those countries with whom Russia itself had already concluded readmission agreements (June 2007 – June 2010) Positive evaluation over the three transitory years (concerns only Russian citizens): by November 2010 Russia has received 4715 readmission requests; more than 3500 requests have been examined; 2214 requests have been accepted as eligible for readmission; 793 persons have been readmitted.

12. Implementation of the EU-Russia readmission agreement (2/3) Transitory period was envisaged for: conclusion of implementation protocols with the EU member-states; setting up of centres for migrants awaiting readmission; improvement of border infrastructure; conclusion of readmission agreements with countries of origin and transit. Results: 28 implementation protocols with EU member-states; 5 centres for migrants (co-financed by the EU with the participation of IOM); Russia has concluded readmission agreements with several countries; Improvement of border infrastructure: contradictory official and expert assessments.

13. Implementation of the EU-Russia readmission agreement (3/3) By the summer 2010 Russia has assumed responsibility for readmitting from the EU territory all irregular migrants that entered the EU from Russia The EU conditions the dialogue on visa-free regime with Russia by the efficient implementation of the readmission agreement Russia fosters cooperation with countries of migrants’ origin and transit Special attention is given to the former Soviet republics in Central Asia

14. Readmission in Russia’s relationswith Central Asian states (1/2) Popular argument: CA migration potential coupled with unstable economic situation, internal conflicts and environmental problems in the region cannot be neglected These countries are claimed to be major transit roots not only for migrants from the bigger Asian region, but also for human and drug trafficking arriving from the neighboring Afghanistan and Pakistan The lengthy and porous border with Kazakhstan (about 7000 km) is still in a precarious state “The EU main fears of visa-free regime entailing increase of illegal immigration and criminality do not concern Russian citizens, but rather human traffickers through the porous Southern borders” (Fernando Valenzuela, quoted in Potemkina 2010)

15. Readmission in Russia’s relationswith Central Asian states (2/2) The readmission agreement with the EU – a leverage in similar negotiations with Central Asian countries The signature of the agreement with Uzbekistan (summer 2007): package deal, with an agreement on labour activity and the protection of rights of citizens of the two countries Expectations of a « chain reaction », BUT major problems with Kazakhstan (RA signed only in June 2012): the state of the common border with Russia; Kazakhstan is a country of transit; Russian priority: smooth functioning of the Customs Union with Kazakhstan. Russia signed the RA with Kyrgyzstan on 11 October 2012. Tajikistan is still out of this picture.

16. Diffusion potential of EU-Russia Cooperation on Migration Management Two vectors of diffusion: EU-Russia relations Russia’s relations with third countries: Countries of the CIS (especially in Central Asia) Other countries of the world (Vietnam, Turkey) Through cooperation with Russia the EU acquires additional channels to promote its primary instrument of migration management beyond its own borders in a region where it has very limited direct influence.

17. EU-Russia visa facilitation and liberalization: state of affairs (and prospects for the future) The process of visa facilitation Relevant EU and Russian legislation The EU-Russia Visa Facilitation Agreement (VFA, 2006) Local border traffic and Kaliningrad transit The EU-Russia visa regime in practice: challenges and directions for improvement? (non-harmonized practice) The process of visa liberalisation Common Steps towards visa free short travel The way forward (???)

18. EU-Russia visa facilitation and liberalization: state of affairs (and prospects for the future) The process of visa facilitation The use of harmonised lists of documents and procedures The role of external service providers The use of multiple entry visa Protecting the rights of visa applicants

19. EU-Russia visa facilitation and liberalization: state of affairs (and prospects for the future) Policy recommendations Urgent need to update the EU-Russia VFA Increased use of electronic means of communication in visa application procedure Monitoring the role of external service providers and impact on visa cost Better regional representation of visa handling centres Increased use of multiple entry visa Better information and service for applicants

20. EU-Russia visa facilitation and liberalization: state of affairs (and prospects for the future) Visa liberalization Consensus on a legal mechanism – an agreement on mutual visa waiver Common Steps (December 2011) – reciprocity NOT a list of conditions for Russia NO direct human rights conditionality NO chronological linkage action-consequences Importance of the “Final Provisions” Progress in the implementation of Common Steps (Autumn 2013) BUT there has been a strong politicization of this process NO automatic move to visa-free negotiations NO formal public monitoring Different approaches in the EU and in Russia

21. EU-Russia visa facilitation and liberalization: state of affairs (and prospects for the future) Policy recommendations the parties should concentrate on the implementation of measures that are of direct importance to migration policy the parties should order an independent study focusing on migration flows and security risks in the case of a visa free regime the parties should use the criteria mentioned in the Final Provisions of the Common Steps as the basic formal criteria for the evaluation of the parties’ readiness for a visa free regime the process of visa liberalization should be as transparent and accountable as possible the parties should commit themselves to start negotiations on a visa waiver agreement once they agree that the Common Steps have been successfully implemented

22. Thank you for your attention!