Journal of International Law an International Relations


Journal of International Law and International Relations 2005 — N 2


International Law

Human Rights

Development of the Concept of Law on the Human Rights Commissioner in the Republic of Belarus — Veronika Brilyova

Migration and Refugee Issues

Return of Rejected Asylum Seekers and Irregular Migrants — Ivan Saleyev

International Cooperation of the Republic of Belarus in the Sphere of Counteracting Illegal Migration — Oleg Bakhur

International Private Law

Formation of the Multilateral System of Services Trade Regulations — Sergey Botvich

International Relations

The Tenth Anniversary of the Faculty of International Relations of the Belarusian State University — Alexandr Sharapo

Development of Relations between Belarus and the USA in the First Quarter of the 20th Century — Alexandr Tikhomirov

Growth of International Tourism and Provision of Tourist Security — Leonid Gaidukevich

Reforming Central and Eastern European States in the Conditions of the EU Enlargement — Maxim Ablov

The European Vector as a Priority of Ukraine’s Integration Strategy — Yury Krasnopolsky

The War in Iraq and Transatlantic Relations — Tatiana Talaiko

The ARA Activities in Rendering Relief to Refugees on the Territory of Belarus in 1920—1923 — Vadim Samatyia

Towards Palestinian Representation at the Official Bilateral and Multilateral Negotiations (1991—1993) — Marina Shevelyova

Documents and Materials

Inclusion Clauses of the 1951 Convention on Refugees (the Materials of the International Seminar from March, 31—April 1, 2005) (only russian)

Rights and Duties of Asylum Seeker on the Border (the Materials of the International Seminar from April 25, 2005) (only russian)

World Refugee Day — 2005 in Belarus (only russian)

International Economic Relations

Job Placement Problems of Graduates in World Economy — Vladimir Rudenkov

Forced Migration: Its Substance and Causes — Sergey Bulgak

Some Problems of Illegal Migration in Belarus (expert survey) — Elena Maslenkova


English Summaries

«Development of the Concept of Law on the Human Rights Commissioner in the Republic of Belarus» (Veronika Brilyova)

The quality of a legal norm depends significantly on efficient law development planning. The introduction of the draft law on the Human Rights Commissioner in the Republic of Belarus into the legislation plan would fully meet modern requirements and the interests of the Belarusian state and civil society.

The author believes it to be especially important to include some basic provisions pertaining to the service of the Human Rights Commissioner in the Constitution of the Republic of Belarus. Further specifications of the institution of the Human Rights Commissioner should be fixed in the law which should have constitutional force.

The law on the Human Rights Commissioner in the Republic of Belarus should fix the subsidiary nature of the activities of the Human Rights Commissioner. The provisions regarding the personality of the Human Rights Commissioner, the legal status of the office, the election procedure and the termination of activities, the procedure of appeal to the Human Rights Commissioner and complaints processing need to be regulated.

In the author’s opinion, special attention should be paid in law pertaining to the authority of the Human Rights Commissioner and forms of response to complaints of human rights and freedoms violations found during the consideration. Great importance is attached to the legal regulations of the international activities of the Human Rights Commissioner in the Republic of Belarus.

The author notes that the law on the Human Rights Commissioner in the Republic of Belarus requires legal regulations as to the guarantees, organizational basis and funding of the Human Rights Commissioner’s activities.

The necessity to adopt the law on the Human Rights Commissioner in the Republic of Belarus arises from the need to create the conditions for a more far-reaching implementation in the human rights protection of Article 2 of the Constitution of the Republic of Belarus stipulating that a person, his/her rights, freedoms and guarantees of their realization are the highest values and objectives of society and the state.

«Return of Rejected Asylum Seekers and Irregular Migrants» (Ivan Saleyev)

In the article, the author gives a survey of the issues related to the refoulement — return of rejected asylum seekers and illegal migrants and states that there is an obvious link between the return of rejected asylum seekers and other questions related to migration. Hence, these issues must be addressed as a whole, and the barriers for illegal migration should be complemented with the safeguards for refugees and efforts for an improvement of the situation in the countries of origin.

The author provides general notions of migrants, mixed migration flows and persons who are not in need of international protection and he reviews the international legal framework related to the return of persons to their countries of origin and the standards of their treatment during detention and return. The author outlines the main problems emerging during return and describes the competence and role of the UNHCR with regard to these issues.

Lastly, the article reviews the development of the legislation and policies within European Union’s with regard to the return of illegal residents and outlines the most important provisions of the proposal for a Directive on common standards on return adopted by the European Commission on 1 September 2005 which is subject to the agreement of the European Council and the Parliament.

«International Cooperation of the Republic of Belarus in the Sphere of Counteracting Illegal Migration» (Oleg Bakhur)

Failing to find legal channels mass migration in a number of cases has started to use illegal ones. The current increase in these activities is closely connected with the formation and functioning of organized criminal groups for the transportation of migrants from the third countries. Illegal migration should be considered as a global issue concerning all states and constitutes a threat to the global community. Experience worldwide has shown that in the majority of countries suffering from migration pressure migration rates exceed the states’ potential to regulate the migration processes and to cope with their consequences.

The author notes that what is most urgent today is to address the issue of the development of international norms to expand the legal basis for international organizations to control the observance by the states of the universal norms and standards in the sphere of migration as well as the adoption of sanctions to be imposed on those states which ignore international legal norms and conduct a policy that is likely aggravate the migration situation in their region.

The author considers the issues of combatting illegal migration and discusses ways of raising efficiency of the measures undertaken to combat migration within the European community.

Similarly, the author throws light on the cooperation of the Republic of Belarus with many European countries and international organisations operating in Europe. Western European countries strive to involve Belarus in a wider context in the control of migration processes since the country plays one of the key roles in the solution of the migration problems in the European region due to its geopolitical location (especially with regard to the recent expansion of the EU).

The article explores the system of international legislation defining principles and basic mechanisms of combatting illegal migration, the cross-border cooperation in this field; it reveals new trends in migration policy, describes the drawbacks of the practice of tightening migration control and the side effects of such measures in an form in the increase of the number of asylum-seekers and of other migrants to some countries along with their decrease in others, a development that leads to an extreme aggravation of the migration situation in the region on the whole. These processes are tied with the dynamics of illegal migration.

The article discusses the issue of further improvement and development of the international legal base of international cooperation to regulate and combat migration in its legal forms, to work out of a single strategy that combines approaches for the control of migration processes, to counteract negative phenomena, to adopt legislation and create to ensure that the rights of migrants’ are observed and protected.

«Formation of the Multilateral System of Services Trade Regulations» (Sergey Botvich)

The author presents the history of the development of multilateral trade negotiations on services within the GATT network and reviews the factors underlying this process. They are determined by the foreign trade policy of the USA and other developed countries within the OECD. The article considers the positions of the GATT member-countries on the issue of developing a general agreement on services trade. The position of the opponents of this agreement is also presented here. Led by Brazil and India, these countries insist that it is hardly possible to develop clear rules for regulating the trade in services. Opponents also expressed the opinion that it is more expedient to regulate trade in particular kinds of services, referring to the existing differences in rendering various services.

They also pointed out that GATT is not very orderly or systematic in its approach. There are controversial issues concerning trade in agricultural produce and textiles. Difficulties exist in settling trade disputes in GATT. The wide-spread misinterpretation of the anti-dumping policy, no less wide-spread use of bilateral agreements to circumvent GATT provisions have been understood by some countries as developments leading to disintegration of GATT.

Naturally, the US opponents wondered whether a new system of services trade, using more complicated rules and norms is possible, when a multilateral system of rules governing the trade in googs is not working well.

The report of the group of top officials of the OECD governments, which defined the conditions of possible trade negotiations on services trade was well received. It pointed out the negative impact of the existing restrictions in international services trade. Thus the Group laid the foundation for the development of multilateral regulations covering trade in services.

In 1981 the International Chamber of Trade Commission on Trade Policy and Trade Disputes issued the document entitled «The International Chamber’s Position on Services Trade Liberalization» which showed the necessity to create a systematic and detailed codex of the main elements of the future agreement regulating services trade.

In 1981 the OECD proposed the adoption over the principle of a national regime as a cornerstone in any future agreement and stressed the importance of this principle.

The developed countries who have a great export potential in services trade wanted to extend onto this sphere the same principles of regulation as fixed in GATT.

Following pressure by the USA the Conference of Ministers of the GATT member-states therefore included the services issue in the final declaration. The Declaration contains a recommendation for member countries to study their national problems in services trade and share information on these issues with each other and with international organisations.

The General Agreement on Services Trade, worked out within the GATT framework, came to be the first international act to regulate international services trade.

The present study led the author to the conclusion that no state is ready at present to sacrifice the interests of its own companies in order to establish a universal international system of free services trade. In view of that, the accession of Belarus to the WTO, the GATT successor, should be carefully considered, because excessive opening of the services market will have negative consequences.

“The Tenth Anniversary of the Faculty of International Relations of the Belarusian State University” (Alexandr Sharapo)

The Faculty of International Relations of the Belarusian State University united all the achievements of the Departments of International Relations (Faculty of History), International Law (Faculty of Law) and International Economic Relations (Faculty of Philosophy and Economics) when it was set up by the order of the Rector of the Belarusian State University on October 1, 1995.

Yet, the history of the Faculty may be traced back to September 1992 when the Department of International Relations was created within the Faculty of History of BSU. The first 14 graduates from the Department of International Relations received their Graduation Certificates in June 1995.

Ever since, the Faculty has been pursuing an active policy of creating new departments, of bringing together leading specialists in history, economics, foreign policy and diplomacy, law and of developing its technological and material resources. Following the rapid growth of the number of students and staff, the Faculty moved to a separate building at 25, Academicheskaya St. in autumn 1997.

Since the start of its work the Faculty has become one of the most prestigious faculties of the Belarusian State University and, further, among the higher education establishments of Belarus. Currently 1it trains over 2000 students for Bachelor and Specialist Degrees and provides master’s, post-graduate and doctorate courses for over 50 students. Together with Belarusian citizens about 130 foreign students from 20 countries are trained in the theory and practice of international relations.

Highly qualified specialists are trained at the Departments of International Relations, International Public, Private and European Law, International Economics, International Tourism Management, Customs Affairs, Oriental Languages and Country Studies, Modern Foreign Languages and Cultural Studies.

The educational process at the Faculty is provided by 16 departments with more than 240 lecturers; among them there are 10 professors, 70 associate professors, holding academic degrees and titles. Besides the faculty, 60 members of staff are involved in administration and in running the computer and multimedia centers of the Faculty.

The faculty invites experts and visiting scholars from other faculties and universities, the National Academy of Sciences of Belarus, Ministries and State departments, as well as famous politicians and public figures to hold classes and deliver lectures.

The Faculty graduates have proved to be highly skilled specialists. They successfully put the knowledge and skills acquired at the University into practice at the Ministry of Foreign Affairs of the Republic of Belarus and in other bodies dealing with foreign economic and political affairs. Many of them have defended their degree of Candidate of Science and continue their career at the Faculty.

The curricula for all specializations of the Faculty envisage intensive studies of foreign languages. At present 6 departments provide training in 16 modern languages. The possibilities for language training trips and sandwich courses are constantly being expanded.

Training the practical professional skills of the students during the whole period of study is crucial. The faculty students take their internships at the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Education and other state bodies and organizations, as well as in banks and companies.

The faculty is engaged in advanced academic research. During the period from 1998 to 2004 professors and lecturers of the Faculty published 53 monographs; 13 course books, approved and recommended for use by the Ministry of Education; 113 textbooks and manuals, 10 of which were approved and recommended for use by the Ministry of Education; 695 academic papers were also published. In the period from 1998 to 2004 40 Candidate of Science dissertations and 7 Doctor of Science dissertations were defended at the Faculty. The Faculty of International Relations takes part in the implementation of the State Programme on Fundamental Research of the National Academy of Sciences of Belarus. The most significant output of the Faculty researchis the publication of the seven-volume collection of documents and materials «The Foreign Policy of Belarus». The Journal of International Law and International Relations is published quarterly.

The Faculty is involved in various international projects. Among the most important ones are the following: TEMPUS JEP «Integrating European Studies in International Relations Education» (Department of International Relations); «Strategy of Developing Ecological Tourism on the Territories of Specially Protected Natural Sites», funded by the UN Global Fund (Department of International Tourism). Every year the Faculty organises various academic and research events, such as: the Round-table «Belarusian-Russian Relations: Challenges and Prospects» (starting in 1998); the National conference «Belarus in the Modern World» (starting in 2002); students’ conference «Diplomatic Readings» on the Faculty Foundation Day (starting in 2002); «Belarusian International UN Model» (starting in 2003). There are two Councils for the Defense of Doctor of Science and Candidate of Science academic degrees: in History of International Relations and Foreign Policy and in International Law, European Law.

The Faculty is involved in a wide international academic network. Among the partner universities are Moscow State University, Kiev State University, Vilnius University, Moscow State Institute of International Relations, Wroclaw University, Free University of Berlin, Vienna Diplomatic Academy, Asser Institute of International Public and Private Law, Beijing University of Linguistics and Culture, Cairo State University and other educational and research institutions of the countries of the CIS, Europe, Asia and America. At present an Agreement on Cooperation with the Diplomatic Academy of the Ministry of Foreign Affairs of the Russian Federation is being worked out. The Faculty representatives take an active part in various international projects and programs, research and teaching methodology training workshops.

The Faculty of International Relations is developing successfully. Its faculty, students, and staff would not be content with the results achieved and every year they add new bright pages to its emerging history.

«Development of Relations between Belarus and the USA in the First Quarter of the 20th Century» (Alexandr Tikhomirov)

The first quarter of the 20th century was the time of the formation of ties between the USA and Belarus, mainly of a humanitarian nature. Before the First World War the USA actively admitted immigrants from Belarus; in 1919—1923 the USA was sending humanitarian aid to Belarus. In 1918—1920 Belarusian politicians tried to with support from the US authorities and the society in its attempt to establish an independent state. But the USA was not ready to perceive the idea of Belarusian independence and considered the Belarusian issue only within the context of the relations between Russia and Poland. In the beginning of the 1920s the USA saw the emergence of the first Belarusian organisations which aimed to familiarize the Americans with the Belarusian issues and thus influence the US policy regarding Belarus. Although these organisations failed to make any significant impact on US policy, their activities contributed to the dissemination of information about Belarus in North America and thus founded a basis for the expansion of interaction between Belarus and the USA in the second half of the century.

«Growth of International Tourism and Provision of Tourist Security» (Leonid Gaidukevich)

The author considers the main factors which influence international tourism security. Many examples are cited to draw attention to the negative impact of international terrorism on tourism. Counteraction requires more effective and consolidated efforts of the whole world community. The article systematizes the legal normative base required to provide the legislative framework for the protection of travel and it shows the role of the International Tourist Organisation and other international associations in this work.

«Reforming Central and Eastern European States in the Conditions of the EU Enlargement» (Maxim Ablov)

Post-socialist transformation of the CES Countries has become a regular process requiring the appropriate economic strategy and policy. It can already be stated that democratization and market relations are deeply rooted in these countries. That does not mean however that the process itself is over. There is the question of what impact the hard consequences of transition to a market economy will make on united Europe which already includes almost all former socialist allies. Belarus is also implementing reforms aimed at the creation of an efficient market economy which sufficiently competitive on the international level to meet the demands of the overwhelming majority of its people. The end of the reforms depends essentially not on the success of the hit-and-miss attempts. Belarus has considerable opportunities to assess the mistakes other countries made during their structural reforms, in the process of their establishing the institutions of a market economy and of solving social issues. It was also able to evaluate their chances for integration into the European and global economy and to avoid its own mistakes.

The integration policies adopted by the Western neighbours which have only until recently been Belarus’ friends and partners within the socialist system united by the Council of Economic Mutual Assistance (COMECON) give a good chance to considerate their controversial nature as well as the prospect of development of the other CES states. The governments of these countries declared the accession to the EU to be their priority, regarding it as one of the main guarantors of stable economic development and security (along with NATO).

By the end of the 1990s the economies of almost all post-socialist countries started to suffer from serious «growth fatigue». Major manufacturers of material goods (the people, in other words) of these countries expressed a growing dissatisfaction with the methods of reforms. It is obvious that a psychological factor worked here: there is a big gap between expectations and the level of their satisfaction. The people tend to think that the economy is not working well, even if the rate of consumption rate is growing. However, these societies believe that within the EU it will be easier to overcome the challenges of globalisation which has become an unevitable and necessary process and is understood as a means of integration of capital, goods and labour markets the currently which are functioning separate from each other. The experience of involvement into the globalisation processes is extremely important for Belarus. There is no alternative to this involvement (nor to the general market economy model) and this applies more strongly to Belarus than to its neighbours. But the final result will depend on its own development strategy level and the growth policy; however the risk of globalization damage may be higher. The experience of the Belarusian neighbours shows that such government actions as the rapid «shattering» of state foundations during the transition to the market economy without any proper preparation for the loosening of state control over the economy as well as the extremism and incompetence of the authorities themselves has led to negative and unwanted consequences which eventually resulted in corruption corruption and crime in management and the unreadiness of legislation to be systemically transformed.

«The European Vector as a Priority of Ukraine’s Integration Strategy» (Yury Krasnopolsky)

Contemporary transformational changes form the special topicality of the problem of determining Ukraine’s place in European integration. The article reveals specific features of Ukraine’s movement towards integration into European structures. The author stresses that the development of a balanced integration strategy on a scientific basis is especially significant for the young Ukrainian state. This approach is supported with programmes signed by the highest authorities of the state and with real achievements which do not sound impressive yet.

The author analyzes a number of problems Ukraine is facing in the implementation of the European vector policy. He shows that success in the integration process with the EU should be determined not by the persistence level but by real economic and political achievements. The author makes an attempt to outline the successive steps for the effective integration Ukraine and the EU.

«The War in Iraq and Transatlantic Relations» (Tatiana Talaiko)

The war in Iraq caused a political and diplomatic crisis in the modern system of transatlantic relations. The US military operation in Iraq, undertaken without UN consent, came to be one of the reasons for the aggravation of relations between the US and the EU.

US military action in Iraq divided the European countries into the US allies and the US opponents with regard to the settlement of the Iraq issue. The countries which sided with the US in their policy in Iraq were Great Britain, Portugal, Denmark, the Netherlands, Italy and Spain as well as some countries of Central and Eastern Europe which at that time were candidates to join the EU (Poland, Hungary, the Czech Republic). France, Germany, Sweden, Finland, Austria and Ireland were opposed to the military solution.

The position of the European countries notwithstanding, the US and Great Britain started their military actions against Saddam Hussein’s regime on March 20, 2003 which caused a serious crisis in transatlantic relations. The controversy among the European countries on the Iraq issue in the first half of 2003 generated some grave doubts concerning the preservation of NATO as an effective instrument of collective defence and security and also concerning future transatlantic relations. But mid-2003 saw the emergence of the trend for healing the transatlantic fift, because the problems of rebuilding of Iraq after the war came to the foreground.

Thus the Iraq campaign carried out by the US contrary to the position of the European anti-terrorist allies did not lead to a breakdown in the relations with its European opponents, in particular, with France and Germany. The UN Security Council in fact legitimized the occupation of Iraq and opened up the way for international cooperation in rebuilding Iraq.

The Iraq conflict revealed some deep-rooted differences between the EU and the USA and showed the absence of a common European policy towards the USA.

The main reasons for transatlantic differences are a gap between the EU and the US in military power and the divergence in their strategic cultures. But these differences are not irreconcilable, because these countries share a common system of basic social values, cultural traditions, an indissoluble network of economic ties and interdependence in security. The wish for collaboration still prevails in transatlantic relations. The Iraq crisis, which most seriously strained the relations between the USA and their European partners did not lead, however, to the undermining of transatlantic solidarity.

«The ARA Activities in Rendering Relief to Refugees on the Territory of Belarus in 1920—1923» (Vadim Samatyia)

The American Relief Administration (ARA) implemented humanitarian activities on the territory of Belarus in 1920—1923 to overcome the severe consequences of World War I, the Civil War and the Soviet-Polish War. The target aid in food and medicines, funding and establishing hospitals and meal centers for displaced people and refugees which were organised by the ARA were a charity and completely transparent as to the accounts at all stages of their way to the recipients from all walks of life in Belarus.

This example of humanitarian aid and cooperation as seen in the 1920s is worth considering and using to invigorate international cooperation in overcoming the catastrophes of the contemporary globalised world.

«Towards Palestinian Representation at the Official Bilateral and Multilateral Negotiations (1991—1993)» (Marina Shevelyova)

The article aims at showing the problem of the Palestinian representation at the official bilateral and multilateral negotiations on the Middle East peace settlement held in 1991—1993. It is shown that the problem contains several issues. They are as follows: the issue of the Palestinian representation as an independent delegation, the problem of the participation of the delegates from East Jerusalem and the representatives of the Palestinians abroad, as well as the issue of the organization of consultations and communication between the Palestinian delegates and the PLO leadership. The research concerns the period from the Middle East international peace conference held on October 30 — November 1, 1991 in Madrid up to the official recognition of the PLO by the Government of the State of Israel on September 9, 1993. After the official recognition of the PLO the problem of the Palestinian representation at the negotiations was solved, insofar the PLO leadership had a right to define a form of the representation and the delegation membership independently.

The text of the official invitation to the international conference in Madrid did not contain any provisions indicating a form of the Palestinian representation and their delegation membership nor the status of the bilateral and multilateral talks. That is why during the negotiations the Palestinian side was able to put forward its demands of the Palestinian independent representation, the broadening of the Palestinian delegation membership and the framework for organization of direct consultations between the Palestinian delegates and the PLO leadership. The problem of the independent representation of the Palestinian delegation had been solved by the beginning of the third round of the bilateral negotiations in January 1992. The Palestinian side achieved the participation of the representatives of East Jerusalem and the Palestinians abroad through the formation of the Consulting Committee. The questions of providing communication and the consultations between the Palestinian delegates and the PLO leadership were at the host-countries’ (Spain, the USA etc.) discretion. It is noted that the US position in this respect was stricter and softened only in April 1992. PLO participation in the bilateral and multilateral negotiations is obvious and it can be seen in the presence of its representatives in the delegations as well as in the Palestinian delegates’ consultations with the PLO leaders.

«Job Placement Problems of Graduates in World Economy» (Vladimir Rudenkov)

The times when all university graduates were guaranteed a job placement are long gone. Now it is up to the graduates themselves to find a job. But whereas some of them get attractive jobs at once, for others job-seeking becomes a permanent activity. Naturally, works experience plays a key role here, which in something these seekers do not have, since very few graduates can impress the potential employer by their job record. So education comes next and it is here that the graduates of the International Relations Faculty of Belarusian State University have an advantage because their diploma is recognized and appreciated not only in Belarus but abroad as well. It offers the opportunities to get a job in the country or continue education at some foreign university. But other things being equal, it is the person who combines both an excellent diploma and job experience and who has developed an efficient job search strategy, who will get a suitable job more quickly and efficiently. Naturally, this strategy will differ depending on the age, experience, education and profession of the applicant.

Primarily, job search should be a full-time job and treated as such. It should include persistent phone contacts in reply to advertisements, buying newspapers in the morning for information about vacancies, keeping a business schedule diary with a record of the phone calls made. Jobs should be sought everywhere, the unneeded ones discarded later. Rejections should never be treated as a lifetime crisis or a personal insult. They do not mean you are useless. Efforts should continue even after you have failed several times. If there is a will to succeed, success will come. You should take care of yourself and not wait for somebody to do so.

«Forced Migration: Its Substance and Causes» (Sergey Bulgak)

Migration is defined as the movement of people across some territorial borders. It should be noted that one can differentiate as to the status of the borders crossed (internal and external), the duration (permanent, temporary, seasonal, fluctuation migration) and as to the reasons which determine migration (voluntary and forced migration).

The problem of forced migration is rooted in the past and remains topical now. The world has not become much more humane and wars still remain the main reason of forced migration.

However, refugees emerged not only during the wars. Frequent plague epidemics forced whole towns and regions to flee where they could to wait till the epidemic was over. Nowadays ecological catastrophes have come to replace epidemics and natural disasters as a reason for the forced outward movement of people.

Whatever the reasons for forced migration may be, along with the desire to survive migrants strive to raise their standard of living as well. This is proved by the special attraction some countries present for migrants. These are such countries as the USA, Canada, Australia, the countries of the Middle East, the developed countries of Western Europe. The Russian Federation has not kept aloof either. After the disintegration of the USSR Russia has turned into one of the centres for migration. On the one hand, hundreds of thousands of the former Soviet citizens left it to take up for permanent residence in Israel and Germany. On the other, there are over 1 million of foreigners on its territory at any given time, most of these people becoming aliens after the collapse of the Soviet Union.

It should be also noted that legislation in the CIS countries on forced migration urgently needs improving. This is confirmed by the fact that a number of republics and regions of Russia, while subjects of the state, had to adopt their own normative acts in this sphere to compensate temporarily for the lack of federal legislation.

The consequences of forced migration are ambivalent. They can have both a positive and a negative impact on the host country’s economy.

«Some Problems of Illegal Migration in Belarus (expert survey)» (Elena Maslenkova)

The article considers the results of the expert survey devoted to problems of illegal immigration and illegal labour migration in Belarus. The purpose of research lies in receiving the expert information on a phenomenon of illegal migration in Belarus and suggesting organizational and legal mechanisms for the optimization of the policy in the sphere of illegal migration. The representatives of Belarusian state bodies, of the academic and scientific communities and nongovernmental organizations working in Belarus have acted as experts in the survey.

On the basis of expert estimations the scale of illegal migration, the further tendencies of the development of the existing flows are investigated, concrete measures to counteract illegal migration and to reduce the uncontrollable departure and employment of Belarusian labour are proposed.

This publication was prepared in the framework of EU TACIS — UNHCR project “Strengthening the National Asylum System in the Republic of Belarus”

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