Visa dialogue Ukraine-EU – an issue that concerns millions of Ukrainians
The roundtable was attended by representatives of ministries, the Verkhovna Rada of Ukraine, embassies and consulates of EU countries in Ukraine, EU Delegation in Ukraine, leading experts from government and non-governmental think tanks.
Outlining the stages and algorithms of movement towards visa-free regime, Oleksandr Sushko, a member of the Joint Committee of Experts on the Implementation of the Agreement on Visa Facilitation between the EU and Ukraine, a leading expert of the Civic Initiative “Europe without Barriers”, noted that the example of Western Balkans proves the principal possibility of reaching the goal. However, according to the expert, the experience of other countries can not be automatically transferred, because it is important to remember that EU Member States have different visions of pace and timing of different countries’ movement to visa-free regime with the EU. While some EU countries are ready to make a step forward regarding liberalization of visa regime, others seek to break the process into stages. Therefore, Sushko warned Ukrainian politicians against developing high expectations, because later they will have to explain citizens why the goal is not reached.
Regarding the prospects of creating an Action Plan, which would contain an exhaustive list of conditions and criteria for achieving visa-free regime, Sushko said, “Probably, this document will be introduced during the EU-Ukraine summit in October 2010, but there are no guarantees at the moment”. The expert also suggested that EU countries will produce a solution in a package, where Ukraine and Moldova will be offered one format of the visa dialogue, while Russia – a different one.
Commenting on the pace of accomplishment of criteria by Ukraine required for obtaining a visa-free regime with the EU, Sushko said that Serbia needed a year and a half for that. However, according to him, the capacity of Ukrainian authorities to fulfil criteria in such term is rather questionable. In particular, it was noted that human rights activists have already identified many shortcomings in a recently adopted law on protection of personal data, an agency responsible for collecting and storing personal information has not been established yet, elaboration of draft bills needed for ratification of necessary conventions has been delayed. That is why implementation of required criteria for Ukraine is a matter of 3-5 years at best. In order to speed up the process, according to the expert, civil society should constantly make a certain pressure and provide expert support to these reforms.
Amanda Paul, an expert at the European Policy Centre (EPC)-(Brussels), noted that a free movement is a natural human right. However, the issue of visa regime liberalization is quite unpopular in the EU, because most states, with which negotiations are being, are perceived as a source of big migration flows.
Outlining the institutional aspect of the visa dialogue between Ukraine and the EU, Ms. Paul noted that the majority of the representatives of the European Commission and European Parliament support granting visa free regime for Ukraine. However, opinions on the matter differ in the EU Council. Therefore, according to the expert, it is extremely important for Ukraine to take use of Poland’s Presidency in the EU in the second half of 2011. Moreover, according to Ms. Paul, Ukraine should also improve the level of control over borders and actively fight against organized crime, using the experience and involving to cooperation organizations like FRONTEX and Europol. The expert emphasized that it is also very important to conduct information and advocacy campaigns to improve the image of Ukraine in Europe, as well as promote cooperation and exchange of experience at the civil society level. At the same time, the EU, according to Ms. Paul, should demonstrate its serious intentions and facilitate work on development of the Action Plan on visa-free regime.
Alexandra Stiglmayer, manager of the Schengen White List Project of the European Stability Initiative (ESI, Berlin) emphasized that visa-free regime is a realistic goal. However, according to Ms. Stiglmayer, obtaining visa-free regime is not a political gift from the European Union; it is a possibility, implementation of which requires a long and persistent work. Accomplishment of the criteria provided in the Action Plan, which Ukraine will get this year, according to the expert, should become a national priority for the country. Ms. Stiglmayer mentioned Macedonia as an example, where meetings on the implementation of criteria laid down in road maps to visa-free regime were held each week at the level of Cabinet of Ministers.
Ms. Stiglmayer noted that in order to facilitate the process of obtaining visa-free regime, Ukrainian government should constantly demonstrate its achievements in implementation of necessary reforms to the EU, use experience of the EU countries and conduct transparent policy inside the country with involvement of civil society and parliament.
Deputy Foreign Minister Pavlo Klimkin stressed that visa dialogue is not a typical negotiation process, in which two equal sides work. According to Mr. Klimkin, Ukraine and EU go by the Balkan model in negotiations on liberalization of visa regime, under which the EU allows Ukraine to the space in justice and home affairs through systemic reform. Foreign Ministry representative noted that even 5-7 years ago visa-free regime seemed to be something unrealistic and abstract. But after the “road maps” were granted to the Western Balkan countries, the situation has changed. Since 2008, when the EU-Ukraine visa dialogue was launched, Ukraine has made significant progress. During a recent joint meeting of the Ministers of Interior Affairs (June 9), a decision to move to a fully operational stage of a visa-free dialogue was taken. It means work on a clear list of objective conditions to be set in the Action Plan.
In addition, Mr. Klimkin also noted that the visa dialogue between Ukraine and the EU has two dimensions – political and practical. Practical context primarily concerns comprehensive reforms, implementation of which has already been started. Political context concerns restrained moods on visa-free regime in the EU countries, which are the result of those problems and migration risks brought by the latest wave of EU enlargement. Thus, after Romania accession to the EU, about 2 million Romanians moved to EU countries (Italy and Spain).
At the same time, Mr. Klimkin expressed optimistic view on the possibility for Ukraine to move towards visa-free regime with the EU and stressed that visa-free regime is necessary not only for Ukraine to provide the right for free movement to the citizens, but to the EU as well, because the EU is interested in Ukraine implementing reforms in the field of migration.
Chairman of the Committee of European Integration of Verkhovna Rada of Ukraine Borys Tarasyuk emphasized the importance of non-governmental projects that study the issue of visa regime liberalization between the EU and Ukraine. Mr. Tarasyuk also expressed regret over prejudice of EU countries consular offices to Ukrainian citizens and non-compliance of the Agreement on visa facilitation. Thus, according to the Chairman of the Committee of European Integration of Verkhovna Rada of Ukraine, 5 systematic violations of the agreement were found in June 2008, but the situation has improved for the recent two years.
Mr. Tarasyuk also informed that the Committee on Parliamentary Cooperation (CPC) between Ukraine and EU created a working group on visa policy between Ukraine and the EU and is preparing a final report on promotion of visa-free regime between Ukraine and the EU. Chairman of the Committee of European Integration of Verkhovna Rada of Ukraine recalled a meeting with the EU Commissioner Štefan Füle on April 24, 2010, at which the so-called “Füle Matrix” was presented. It is a list of necessary reforms for Ukraine, the adoption of legislation. According to Tarasyuk, Ukrainian senior authorities often demonstrate inappropriate approach towards visa regime liberalization, while this issues concerns millions of Ukrainians.
Olena Zerkal, director of the State Department of Approximation of Law at the Ministry of Justice noted that the issue of personal data protection is not new for Ukraine (was submitted several times), neither is the ratification of the Convention of the Council of Europe. Ms. Zerkal also noted that weaknesses in the law on personal data protection are not critical and urged NGOs not to consider this law as something negative, since the law is a step forward.
Director of the Department also expressed regret that without modifying the concept of the migration policy at the governmental level, the law on refugees can not be paid necessary attention. Concerning asylum, Ms. Zerkal noted that the infrastructure issue is not so acute in this case as in the Balkan countries, and already built shelters are only 20% filled. Answering the question on the status of the agency responsible for protection of personal data, Zerkal emphasized that this structure will be independent.
After key presentations, participants also had a “cross-sectoral” discussion, during which representatives of authorities and public experts tried to predict how the obstacles will be overcome making visa-free prospect closer and more realistic.
Source: European Space
