Migratory flows in Czechoslovakia, Hungary and Poland

16 June 1992

Doc. 6633

1403-15/6/92-1-E

Report

on migratory flows in Czechoslovakia, Hungary and Poland

(Rapporteurs: Miss GUIRADO, Spain, Socialist, and

Miss SZELÉNYI, Hungary, Alliance of Young Democrats)

Problem

The radical political and social changes in Central and Eastern Europe have led to unprecedented outflows of migrants. Many persons have left their countries of origin both for political and economic reasons. However, restrictions on access to the European Community have led to an increased number of migrants arriving in countries not belonging to the Community. This is the case especially in Czechoslovakia, Hungary and Poland. As these countries have no tradition in receiving migrants, they lack the necessary administrative infrastructure and organisational capacity for coping with this problem.

Proposals

The new immigration countries, notably Czechoslovakia, Hungary and Poland, should develop appropriate migration policies and adopt adequate legislation. Such legislation should be designed with due regard to the protection of human rights and in a spirit of international solidarity.

The Council of Europe member states should accept to share the burden with the new immigration countries through practical co-operation and the provision of financial assistance as well as the acceptance of receiving asylum seekers and migrants from the countries of first asylum. Furthermore, they should increase their assistance to emigration countries with a view of eliminating the root-causes of migration.

The Committee of Ministers should take full advantage of the work set in motion by the Vienna Conference of Ministers on the Movement of Persons from Central and East European Countries (January 1991).

I. DRAFT RECOMMENDATION

2. The lifting of travel restrictions in these countries and a number of economic and social factors, as well as ethnic conflicts, have prompted a large number of persons to leave their countries of origin.

3. Whereas these factors contribute to the outward migration from Czechoslovakia, Hungary and Poland, the very same type of causes in East European states produce migratory waves flowing into the three countries underscoring the fact that these Central European states are both emigration and immigration countries.

4. The restrictions adopted by some of the West European states in the form of the Schengen Agreement, the Dublin Convention for the Determination of the State Responsible for Examining Requests for Asylum and the draft Convention for the Crossing of Borders inevitably leads to a concentration of large numbers of migrants in Czechoslovakia, Hungary and Poland. As a new phenomenon it is also observed that besides the "waiting room" function these three countries have become the desired destination for many migrants both from neighbouring states and from the developing countries with significantly lower standards of living and recurring political and economic crises.

5. As the present legal regulation of irregular and regular migration flows in Czechoslovakia, Hungary and Poland is inadequate in relation to the actual and especially the potential size of these movements, a thorough revision and improvement of the legal framework is a matter of high priority. This must be based on well defined policies sustained by a broad social consensus.

6. Undesired inflows should be prevented by co-ordinated action with other members of the Council of Europe in addressing the root-causes of migration in the countries of origin by transfer of knowledge, technology and investment, as well as by active conflict potential elimination and dissemination of information concerning labour market and living conditions in their respective countries.

7. The potential of a possible mass influx from peripheral European countries has not disappeared. This calls for an effective and reliable early warning system and a comprehensive crises-management plan which is to be developed in co-operation with other European states.

8. The new immigration countries also have to evolve a satisfactory response to challenges posed by regular migrants and refugees, bearing in mind the fundamental human freedoms and refugee rights guaranteed under the relevant international instruments.

9. In the light of the foregoing considerations the Assembly invites the new immigration countries, notably Czechoslovakia, Hungary and Poland, to:

i. develop appropriate migration policies and adopt adequate legislation (for aliens, immigrants and refugees) and to implement them effectively on the basis of human rights, and in the spirit of international solidarity;

ii. initiate negotiations and conclude agreements:

a. with neighbouring countries in view of facilitating the readmission of irregular migrants, with due respect for human dignity and fundamental human rights and without infringing the principle of non-refoulement of asylum seekers as enshrined in the relevant international instruments;

b. on opportunities for training and fixed-term employment as well as for cultural exchanges;

c. among one another on setting up an emergency plan in case of mass influxes using the experiences of the countries of Western Europe;

iii. create conditions attractive and stimulating enough to induce their well educated and skilled citizens abroad to return home and participate in national development efforts;

iv. make their citizens acquainted with basic human rights and strive to increase tolerance and solidarity through the education system and take responsibility for informing the general public;

10. The Assembly calls upon its member states to:

i. participate in burden-sharing arrangements with the new immigration countries through the provision of financial assistance and acceptance of receiving asylum seekers and other migrants from the countries of first asylum;

ii. support the process of economic development in Central and Eastern Europe through capital investment, trade liberalisation and training programmes;

iii. provide assistance for emergency relief and for the reconstruction of war-torn regions, facilitating the voluntary return of persons who have been forced to migrate;

iv. consider the transfer of experience of traditional immigration countries to the new immigration countries. This support should not be limited to information transfer, but also include practical measures and technical know-how;

v. increase co-operation with new immigration countries in order to develop their administrative infrastructure and organisational capacity for dealing with migratory movements;

11. The Assembly therefore recommends that the Committee of Ministers:

i. take full advantage of the work set in motion by the Vienna Conference especially concerning:

a. the provision of information to the citizens of countries of potential outflow, concerning the legal possibilities and constraints relating to immigration, the economic and labour market situation and living conditions in the likely target countries;

b. the establishment of a warning system capable of anticipating uncontrolled mass influxes;

ii. consider the utilisation of the Social Development Fund for promoting job creation in the disadvantaged regions;

iii. actively participate in conflict prevention and resolution in regions affected by inter-ethnic strifes;

iv. promote the protection, development and recognition of minority rights in the countries of the European region, and enhance the elaboration and effective observance of international agreements serving this purpose.

II. EXPLANATORY MEMORANDUM

by Miss Guirado and Miss Szelényi

INTRODUCTION

1. The radical political and social changes sweeping over Central and Eastern Europe in 1989-90 have created a fundamentally new, two-fold role for Czechoslovakia, Hungary and Poland in the tide of international migration. Lifting restrictions on exit in these countries has generated unprecedented outflows whereas opening the borders and abolishing restrictions on tourism have encouraged enormous inward flows, especially from countries further to the East.

2. Some of the economic push factors causing emigration have existed for the last decades but could not be realised because of the legal constraints. Such are the desire to achieve the same personal income level as in the West, or the ambition to utilise those capabilities and skills of the potential migrant, which were made idle by the lack of appropriate infrastructure.

3. New push factors accompany the difficult transition to market economy, increasing the social stress and the migration potentials. Open unemployment, overmanning of agriculture, rupture of the social security system and the sharp decrease of standards of living are the most significant causes.

4. Expectations concerning the legitimacy and popular support of the new political leaders proved to be too optimistic and were partially replaced by disillusionment with the political and social trends.

5. The deplorable and increasingly deteriorating state of the environment both in urban and rural areas together with the intolerable risk of devastating industrial accidents has forced substantial population groups to uproot or to consider migration.

6. Whereas the above mentioned factors contribute to the outward migration from Czechoslovakia, Hungary and Poland, the very same type of causes in East European states produce migratory waves flowing into the three countries underscoring the two-fold character of these Central European states. However, there are further elements reinforcing their new immigration country status.

7. The process of self determination in parts of Eastern and Southern Europe as well as other conflicts generated by nationalist ambitions and directed against minorities have produced hundreds of thousands of forced migrants and domestically displaced persons from the affected ethnic communities. Wherever these tensions erupted into armed conflicts and wars the otherwise non-affected civilian population was also forced to escape destruction and generalised violence.

8. The population pressure in the developing world together with the growing unemployment and the disappearance of vital elements of production and subsistence displaces more and more people, many of whom wish to resettle in Europe.

9. The restrictions adopted by some of the West European states in the form of the Schengen Agreement, the Dublin Convention for the Determination of the State Responsible for Examining Requests for Asylum and the draft Convention for the Crossing of Borders inevitably leads to concentration of large numbers of migrants in Czechoslovakia, Hungary and Poland. As a new phenomenon it is also observed that besides the "waiting room" function these countries have become the desired destination for many migrants both from the developing countries and from neighbouring states with significantly lower standards of living and recurring political and economic crises.

10. As the present legal regulation of irregular and regular migration flows in Czechoslovakia, Hungary and Poland is inadequate in relation to the actual and especially the potential size of these movements, a thorough revision and improvement of the legal framework is a matter of high priority. This must be based on well defined policies sustained by a broad social consensus.

11. Undesired inflows should be prevented by co-ordinated action with other members of the Council of Europe in addressing the root-causes of migration in the countries of origin by transfer of knowledge, technology and investment, as well as by active conflict potential elimination and dissemination of information concerning labour market and living conditions in their respective countries.

12. The potential of a possible mass influx from peripheral European countries has not disappeared. This calls for an effective and reliable early warning system and a comprehensive crises-management plan which is to be developed in co-operation with other European states.

13. The new immigration countries also have to evolve a satisfactory response to challenges posed by regular migrants and refugees, bearing in mind the fundamental human freedoms and refugee rights guaranteed under the relevant international instruments.

14. On 27 June 1991, the committee organised a hearing on migratory flows in peripheral European countries. The presentations of the experts revealed that the Central European countries are especially affected by the positive and negative effects of the migratory waves reaching the peripheral European countries. Whereas other peripheral countries like those in the Mediterranean or in Scandinavia have a longer experience in receiving migrants, Czechoslovakia, Hungary and Poland had no major influxes during recent decades. The radical political and social changes sweeping over this region in 1989-90 have created a fundamentally new, two-fold role for these countries in the field of international migration. Lifting restrictions on exit has generated unprecedented outflows whereas opening the borders and abolishing restrictions on tourism have encouraged enormous inward flows, especially from countries further to the East. Given the importance of these developments and the new situation, the Rapporteurs have decided to concentrate on this region of Central Europe.

15. This report is a sequel to the action taken by the Parliamentary Assembly in adopting Recommendation 1148 (1991) on Europe of 1992 and migration policies, and by Recommendation 1149 (1991) on Europe and refugee policies. The recommendations point out that restrictions on access to European Community territory may lead to the concentration of large numbers of migrants in Council of Europe member states which are not members of the European Community. They also urge the Council of Europe to promote harmonisation of the migration and refugee policies in member states.

16. The Rapporteurs wish to express their gratitude to Professor Bimal Ghosh, Programme Director, Senior Consultant, International Organisation for Migration (Geneva) and Professor Boldizsár Nagy, Specialist in International Law, ELTE University Law School (Budapest) for their contributions to the development of the report.

ACTUAL AND POTENTIAL MIGRATION FLOWS IN AND OUT OF CZECHOSLOVAKIA, HUNGARY AND POLAND

17. Czechoslovakia, Hungary and Poland have become countries of destination and transit for migrants since 1989 while retaining their character as countries of origin for emigration. In 1989 1,3 million persons left the former Warsaw Pact states. This number included 720 000 Germans (340 000 from the German Democratic Republic) moving to the Federal Republic of Germany and about 320 000 Bulgarians leaving for Turkey (nearly half of them later returned to Bulgaria).

18. The German exodus and the outflow of Romanian citizens seriously affected these three countries especially Czechoslovakia and Hungary, which provided part of the transit route for these massive movements. Parallel to this growing number of tourists and potential immigrants poured into these countries from the territory of the former Soviet Union. For example while in the early eighties only 720 000 Soviet tourists visited Poland, in 1991 4,7 million tourists were registered from the territories of the Commonwealth of Independent States (CIS) and the Baltic Republics. The enormous rise in the number of visitors from the East has contributed to fly-by-night nomadic street vendors, illegal employment and organised begging.

19. During the same period of time an increasing number of people from developing countries was seeking access to Western Europe, but using these Central European countries as a stepping stone. Besides the transit movements the inflow of Third World citizens taking up legal or illegal residence in Czechoslovakia, Hungary and Poland is growing. This is partly due to their failure to enter the country of final destination mainly in Western Europe and, partly because these three states have become attractive enough due to their relative political and economic stability and welfare provision.

20. A significant feature of these flows is that they include large numbers belonging to minorities in their countries of origin. Ethnic Germans from the territory of the Soviet Union - and currently from the CIS - from Romania and Poland, ethnic Hungarians from Romania and Serbia, Serbs from Romania, Jews from most of Central and East European states, utilised and still make use of the new opportunities to resettle into the states where they would become part of the majority.

21. As a result of these processes and other forms of migration, like repatriation, the three countries have become the target destination for large number of temporary or permanent migrants. In Hungary for example, the number of legal aliens with residence permits (including asylum seekers) has risen from a couple of thousands in the early eighties to more than one hundred thousand in the early nineties.

22. A specific form of forced migration is the movement of masses escaping civil war or other armed conflicts. Internal displacements caused by these often lead to external migration. Some 400 000 persons were displaced following the conflicts in Armenia and Azerbaijan which still continue. The conflict in the former territory of Yugoslavia estimated to have displaced at least 1,2 million people. Hungary for example has so far received 60 000 asylum seekers from the former territory of Yugoslavia some of which have been receiving accommodation and food for almost a year. Such political convulsions and armed conflicts produce and might produce further influxes into Czechoslovakia, Hungary and Poland. A further fear is that people who are not at present refugees but for various reasons reside in these three countries may ask for asylum if any threatening situation develops in their home countries. The level of such influxes remain largely unpredictable and so is the duration of their stay.

23. Potential migratory flows include probable and contingent movements. The continuation of the present trends in minority emigration, family reunion, emigration for employment and for better standards of life is to be expected, although the levels of flows will be largely influenced by current immigration policies and regulations in receiving countries and by the common external barriers to be erected under the European harmonisation processes. The contingent movements caused by man-made and natural catastrophes (civil war, industrial accidents, ecological disasters), are more difficult to predict. They tend to generate sudden flows of asylum seekers and irregular migrants. The likelihood of such occurrences is disquietingly high.

MAJOR CAUSES OF THE MOVEMENTS

Changes in Central and Eastern Europe

24. Whereas the Warsaw Pact states had a generally restrictive policy concerning travel to the West - ranging from an almost total ban in the German Democratic Republic and the Soviet Union to a relatively relaxed regime in Hungary and Poland - the democratic transformation has pulled down almost all the barriers to inward and outward travel and to emigration. Presently only the CIS and Albania seem to maintain legal and/or technical obstacles to exit, other than currency controls.

25. The newly-found freedom of travel, following the disappearance of legal and other restrictions, combined with exaggerated expectations about the West inspired those who intend to migrate in order to:

- achieve the same income level as their counterparts in the West, or at least to improve their earnings,

- utilise their capabilities and skills made idle by the lack of appropriate infrastructure and facilities in their home countries.

26. The difficult transition to a market economy, alongside democratisation, has inevitably led to considerable social stress and painful problems of adjustment increasing the migration potential throughout the region. Among the factors that are contributing to the build-up of the migratory pressure are:

- open unemployment, resulting from industrial restructuring,

- overmanning of agriculture and low labour productivity,

- rupture of the social security system,

- sharp decrease of standards of living.

27. The tough economic reform measures have brought in their wake social strains and considerable human hardship. Unemployment has been soaring, alongside a sharp fall in real output and a continuing rise in consumer prices, and may have already reached 7 million in Central and Eastern Europe. It could, at least according to one recent estimate, rise soon to 19% of the labour force from 3,4% when the reforms started. The CIS is expected to have 15 million unemployed this year, while an additional 30 million employees in the public sector are facing the risk of retrenchment.

28. Expectations concerning the legitimacy and popular support of the new political leaders have proved to be too optimistic in most of the new Central and East European democracies. Disillusionment with the political trends, and a growing sense of frustration resulting from it are also emerging as an important source of migration potential.

29. The deplorable and increasingly deteriorating state of the environment both in urban and rural areas together with the intolerable risk of devastating industrial accidents has forced substantial population groups to uproot or to consider external migration. The Chernobyl disaster has dramatically demonstrated the possible magnitude of such potential risks. Many applicants of Czech origin who recently wanted to migrate to Czechoslovakia were from the Chernobyl region. The possibility of such tragic accidents is now considerably enhanced by the uncertainty about effective maintenance and upkeep of nuclear plants and installations scattered in the CIS.

Conflicts

30. The process of self-determination and the release of secessionist forces in parts of Eastern and Southern Europe have produced hundreds and thousands of forced migrants. Many of them moved to other areas rather within the territory of the former federal state, but many others impelled to cross international borders as regular or irregular migrants or asylum seekers. As most of these states are a patchwork of different nationalities and ethnic groups, the potential for further internal and external migrations threatens to be enormous.

31. The deterioration of the economic situation and the accompanying political insecurity is often compounded by ethnic factors and reinforced nationalist ambitions. This leads to discrimination and repressive actions against minorities who frequently have been made scapegoats for the general misery, sometimes even prompting violence against members of minorities forcing them to move to safer regions or countries.

32. Nationalistic conflicts in the CIS and in the former Yugoslavia have led to armed conflicts and war forcing the otherwise non-affected civilian populations to escape destruction and generalised violence.

Increasing migration potential from developing countries

33. The population in developing countries is increasing at the rate of more than 2% a year. In the next thirty five years 97% of the annual growth in global population is expected to take place in developing countries, which will compose 84% of the world's population. This population pressure not only contributes to increasing poverty but also serves as a powerful push factor.

34. In developing countries, some 38 million new entrants join the labour force every year. Added to the 720 million already unemployed or underemployed they need to create 1 thousand million new jobs by the end of the decade - equivalent to the total population of the industrialised countries. The economic disparities too are staggering. The annual income per head of US $ 18 000 in high income countries stands in striking contrast to US $ 320 for low income economies. The combination of powerful push and pull factors will continue to induce them to look for jobs and better opportunities elsewhere.

35. Degradation and destruction of the environment, the disappearance of vital elements of production and subsistence displaces more and more people, many of whom wish to resettle outside their region.

WHY CHOOSE CZECHOSLOVAKIA, HUNGARY AND POLAND?

36. The restrictions included in the Schengen Agreement, the Dublin Convention and the draft Convention on the Crossing of Borders of the European Communities on access to the traditional receiving countries will inevitably lead to the concentration of large numbers of migrants in Council of Europe member states which are not members of these treaty systems. This process is already under way, as reflected in the rapidly increasing number of immigration requests and illegal aliens in the three Central European states.

37. Besides the waiting room function these three countries have become the desired destination for many migrants, both from neighbouring states and from the developing countries with significantly lower standards of living and recurring political and economic crises. Judging by the projected economic trends, the three Central European countries, which have had an earlier start in economic reforms, are likely to have a faster rate of growth than others in the East. If, as is currently expected, the difference in economic performance and level of income between the two groups of countries further widen in the next decade, the pressure for migratory movements towards the Central European countries could build up further.

38. These flows are enhanced by the lack of consistent migration policy, the haphazard pattern of entry visa requirements, which subject citizens of certain - European and non-European - states to obtaining a visa, while opening their doors without any restrictions to nationals of overpopulated states or countries plagued with other causes of outward migration. The legal system concerning asylum seekers, non-recognised applicants and illegal aliens is rudimentary and frequently inconsistent, the physical control at the borders is anything but effective.

CONSEQUENCES FOR THE NEW IMMIGRATION COUNTRIES

39. As the present legal regulation of irregular and regular migration flows is inadequate in relation to the actual and especially the potential size of these movements, and as several provisions of it are incompatible with international agreements binding these countries, a thorough revision and improvement of the legal framework is a matter of high priority. This must be based on well-defined policies sustained by a broad social consensus.

40. The lack of transparent legislation, consequent implementation and clear policy choices fosters irregular migration, clandestine employment, illegal trade, men-smuggling, which add to the social entropy.

41. In order to prevent further undesired inflows, these countries should:

- act as partners of other members of the Council of Europe in addressing the root causes of migration in the countries of origin, by transferring knowledge, technology and investment to these countries of origin;

- actively contribute to the elimination of conflict potential in the countries concerned;

- make information available in the countries of emigration in an appropriate manner on the labour market and living conditions in their respective countries and on existing laws, regulations and practices concerning aliens, migrant labour and immigration.

42. The new immigration countries have to evolve a satisfactory response to challenges posed by refugees and regular migrants, bearing in mind the fundamental human freedoms and refugee rights guaranteed under the relevant international instruments.

43. Whereas this process should be guided by principles shared by all members of the Council of Europe, the harmonisation of European laws concerning entry conditions should contain appropriate provisions as not to deprive these countries of their right either to offer beneficial treatment to certain migrant groups or to close their borders in case of massive influx threatening their social order or political and economic stability.

44. In order to avoid emergency situations calling for such extreme measures, the new immigration countries should co-operate with other European states in operating an effective and reliable early warning system. Moreover a comprehensive crises-management plan should be put into place now, in order to deal with a possible mass influx in the future. The foundation of such a system should clearly show the divisions of labour resources and expected financial assistance between governmental organisations and NGOs.

45. Given the importance of human capital in promoting natural development, these countries should establish conditions which are stimulating and rewarding enough to keep the highly qualified professionals and the skilled labour force at home, or induce those abroad to return, taking full advantage of programmes set up by international organisations for this purpose.

CONCLUSIONS

46. The extension of the rights of freedom of movement to those who were deprived of it is a welcome development.

47. Migration as an international phenomenon cannot be dealt with solely at the national level. Close international co-operation and a system of burden sharing among the community of European countries are needed, keeping in mind that emigration is not a solution to the basic problems of the countries of origin.

48. Migration has several positive consequences for the receiving countries. It can provide manpower to countries suffering from a labour shortage and thus help their economies; it can bring cultural diversity and dynamism, and in the long term it can enhance the demographic objectives of countries with low birth rates to obtain replacement level. These positive consequences - however - can only be felt if society shows its acceptance and solidarity towards migrants. But having said this, nationals of a host country can be expected to show these qualities only when its own economic climate is capable of providing everybody with decent conditions of living.

49. A regular and planned migration between East and West (eventually both ways) can effectively contribute to the European integration process, if regular migrants are assisted effectively in the process of social integration. By offering new alternatives, the new immigration countries play an important role in this process based on their geographical position and relative economic and political stability.

50. This role of migration in the integration process can only be successful if these flows remain orderly and are intentionally managed by the parties concerned and irregular movements as well as disruptive mass migration become controlled. It is especially important to impose rigorous sanctions against organisers of clandestine immigration networks and employment.

51. Irregular migration, especially on a large scale, tends to cause misunderstanding, tension and political conflicts between the sending and receiving countries and should be handled jointly within a co-operative framework.

52. The brain drain can have a lasting negative impact on the sending countries, since the well educated and highly trained could play a major constructive role in the political and economic development.

53. The current trends in the migration of members of minorities - and sometimes of the entire minority - to countries where they would become part of the majority, should be viewed with concern. Apart from being detrimental to cultural diversity and enrichment in the sending country, such movements, when caused by discrimination and suppression of minority rights, weaken the sense of justice and spirit of tolerance on which free and democratic societies are based.

54. In the coming years peoples' attitudes towards migration could be a significant factor in forming public sentiment in Central and Eastern Europe. Therefore the Council of Europe has a particular responsibility to participate in efforts designed to prevent the spread of political insecurity in the region.

Reporting committee: Committee on Migration, Refugees and Demography.

Budgetary implications for the Assembly: None.

Reference to committee: Doc. 6495 and Reference No. 1750 of 18 September 1991.

Draft recommendation: unanimously adopted by the committee on 11 June 1992.

Members of the committee: MM. Flückiger (Chairman), Cucó (Alternate: Miss Guirado), Gassner (Vice-Chairmen), Mrs Aguiar, Mrs Arnold, Mrs Astgeirsdottir, MM. Attard Montalto, Biefnot, Billing, Böhm, Brennan, Brito, Eisma (Alternate: Mrs Baarveld-Schlaman), Fiorini, Foschi, Mrs Francese, MM. Fuhrmann, Galanos (Alternate: Hadjidemetriou), Galley, Ghesquière, Grussenmeyer, Mrs Hacklin, Mr de Hoop Scheffer, Sir John Hunt (Alternate: Mr Atkinson), MM. Iwinski, Karcsay, Kiliç, Kiratlioglu, Lord Kirkhill (Alternate: Mr Parry), Mr Konen, Mrs Mascher, Mr Pahtas, Mrs Persson, Mrs Robert, MM. Sarafopoulos, Siwek, Skaug, Mrs Sormova, Miss Szelényi, Mr Vázquez.

NB. The names of those members present at the meeting are underlined.

Secretaries to the committee: Mr Hissa and Mrs Ruotanen.