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Problem description. Context and importance of the problem


The coronacrisis affected both the EU and the EaP labor markets. The EaP labor force
in the EU member states, both regular and irregular, faced various challenges
because of the introduction of confinement measures, reduced population mobility
and rapidly dropped economic activities. Experts claim that restrictive measures
concentrated on the sectors which employed the most vulnerable and disadvantaged
workers. At the same time, the EaP countries — among them Ukraine, Moldova and
Georgia — tackled the problem of the growing number of returning migrant workers.
As reported by the Cabinet of Ministers of Ukraine, 2 million migrant workers have
returned in the country since the introduction of the coronavirus quarantine.
The extensive labor emigration was caused by the lack of employment opportunities
in particular regions, as well as economic and social insecurity in the country.
Moreover, numerous households are almost fully dependent on one or two family
members who work abroad. This also leads to deepening economic inequalities
based on gender (approximately two-third of all labor migrants are male) and other
negative consequences for the more vulnerable members of families.
The problem this paper seeks to address lies in economic inequality and poverty
among the labor migrants and their families in Ukraine, Moldova and Georgia caused
by the Covid-19 pandemic and the lack of national and local policies concerning
these issues. In some cases, the problems are caused by the absence of appropriate
legislation, the failure of public authorities to ensure the implementation of existing
legislation and the lack of cooperation between the institutions dealing with migration.
The purpose of this public policy paper is to find sustainable and people-centered
solutions for migration policies and management in Ukraine, Moldova and Georgia by
making labor migration work for the economic development for migrants and their
families, their communities and the states. This goal is to be achieved through a
cross-country overview of policies and experiences in managing labor migration, as
well as targeting these policies to the migrant returnees and other vulnerable groups
in times of Covid-19 pandemic. Therefore, this paper will present appropriate policies
and measures that consider both the needs of migrants and their dependents,
regional specificity, the capacity of local authorities, as well as the state's interests in
the economic growth and well-being of its citizens.
For the purpose of identifying and mitigating the consequences of Covid-19 on
migrant workers from the selected EaP countries, this public policy paper will focus
on the following tasks:
- Assessment of the labor market conditions in Ukraine, Moldova and Georgia
based on the analysis of migration patterns and flows to the EU and non-EU
countries before and during Covid-19 pandemic;
- Analysis of labor migration policies and regulating measures in Ukraine,
Moldova and Georgia as countries of origin;
- Assessment of theoretical models of labor migration policies and measures to
incorporate the key principles of people-centered labor migration policy and
management to the policies;
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- Analysis of the aid offered in Ukraine, Moldova and Georgia to the migrant
returnees on the level of central governments, local governments, CSO
initiatives and businesses;
- Identification of the groups of the most vulnerable EaP migrant workers —
those who have been most severely affected by the Covid-19 outbreak (with
special focus on the inter-sectional vulnerability factors);
- Elaboration of policy options for the national governments, as well as relevant
CSO initiatives both in the EU and the EaP region. The short-term
recommendations for improvement of employment outcomes for returned
migrants, as well as mitigation of severe impacts of Covid-19 pandemic on
groups of returned labor migrants and the long-term policy recommendations
for the development of policy tools and mechanisms to regulate labor
migration.
Research question
What policy tools and mechanisms should be used in Ukraine, Moldova and Georgia
for regulating labor migration, improvement of employment outcomes for returned
migrants and mitigation of severe impacts of Covid-19 pandemic on groups of
returned labor migrants?
Research methodology
The research tools of the project included analysis of previous publications, reports
and research, as well as analysis of legislative documents and policy framework
documents. Another important tool that was used are the eight one-on-one interviews
with labor and migration experts, that were conducted in the framework of the
research project, in October-November 2020. The interviews were based on a
specially prepared interview guide. The interviews provided a wide spectrum of
opinions, as the experts represented different structures: government agencies, local
NGOs, migrant trade unions and international organizations. The interviews were
recorded and transcribed into text afterward. Each interview lasted from 25 to 105
minutes.
Section 1. Assessment of the labor market conditions in Ukraine, Moldova and
Georgia with the analysis of the migration patterns and flows to the EU and non-
EU countries before and during COVID-19 pandemic
Table 1 presents the demographic dynamics in the selected EaP countries. As of
2020, Ukraine has over 37 million inhabitants of working age (15-64-year-olds),
without the temporarily occupied territories of Donetsk, Luhansk oblasts and Crimea.
The Republic of Moldova and Georgia, as most of the EaP nations, are small.
Accordingly, their labor force is 3,5 million and 3,3 million.
Despite different sizes in terms of territory and population, all of the selected EaP
countries face similar demographic challenges: their working-age populations have
shrunk over the last 30 years. The main causes of declining populations and
demographic shifts are low fertility rates, high or increasing mortality rate and
emigration. While most of these factors pose a threat to economic development, the
low fertility rate demonstrates some improvements in access to education and
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healthcare for females (Vollset et al, 2020). Yet, such demographic shifts lead to
economic and fiscal challenges such as reduced GDP growth rate.
Losses of the potential labor force have been particularly severe in Georgia and
Ukraine, where working-age populations in 2020 will be 26.6% and 14.5% lower than
three decades ago, respectively. Negative net migration contributes to this decline:
the net migration rate throughout the past 30 years shows that the number of
emigrants exceeds the number of immigrants. Both countries, along with Moldova,
have been seriously affected by out-migration since the independence proclamation
in 1991. Therefore, Georgia, Moldova and Ukraine are predominantly sending
countries and serve as suppliers of the labor force to high-income countries; the
migration outflows from these countries and the destination countries require greater
attention and study.
Table 1. Dynamics of the working-age population and net migration in Georgia,
Moldova and Ukraine, thousands.

Working-age Working-age Population Population Total net


population, population, change change migration
1990 2020 1990-2020 1990- 2020,
in %
Georgia 4,554 3,344 -1,210 -26.6% -1,659

Republic of 3,613 3,518 -95 -2.6% -371


Moldova
Ukraine 44,071 37,660 -6,411 -14.5% -102

Source: United Nations, Department of Economic and Social Affairs, Population Division (2019). World
Population Prospects 2019, custom data acquired via website.

Moreover, the population decline would intensify in the future, according to a new
study from researchers at the University of Washington's Institute for Health Metrics
and Evaluation (Vollset et al, 2020). Several important macroeconomic gauges and
other characteristics of human capital development show that for the selected EaP
countries it also means serious consequences for economic and social security. The
common characteristics of these three countries are the following: inequality and
large income differences, relatively high poverty rates and poor living conditions,
especially in Moldova and Georgia (national poverty lines). As the Human
Development Index (HDI) shows that literacy rates are high in these countries, the
human capital remains the main asset available.
Table 2. Key characteristics of human capital development in Georgia, Moldova and
Ukraine.

Poverty headcount Gini index, 2018 Human


ratio at national Development Index,
poverty lines (% of value / rank, 2019
population)
Georgia 19.5 (2019) 36.4 0.786 / 70
5

Republic of Moldova 23.0 (2018) 25.7 0.711 / 107


Ukraine 1.3 (2018) 26.1 0.750 / 88

Sources: (1) World Bank, Global Poverty Working Group. Data are compiled from official government
sources or are computed by World Bank staff using national (i.e. country–specific) poverty lines; (2)
World Bank, Development Research Group. Data are based on primary household survey data
obtained from government statistical agencies and World Bank country departments. For more
information and methodology, please see PovcalNet (iresearch.worldbank.org/PovcalNet/index.htm);
(3) UNDP Human Development Report Office 2019.

As of 2019, employment rates are the lowest in Moldova (40%), and modest in
Ukraine (49%) and Georgia (58%). The unemployment rate of young people,
especially those aged 15–24, is usually higher than that of other age groups. In
Georgia, the youth unemployment rate is much higher compared to the youth
unemployment rate of the EU member countries which is 18.7% (Eurostat, 2020).
Ukraine, Moldova and Georgia also have a higher percentage of young people aged
15–24 who currently do not have a job and are not enrolled in education or training
(so-called "NEET" status), compared to more advanced European economies. This
category includes both groups of unemployed and inactive — for example,
discouraged youth or family carers (European Training Foundation, 2015).
According to an OECD paper by Quintini and Martin (2014), young people in
developing economies, in particular, EaP countries are less likely to have a job and
more likely to be NEET than their peers in advanced economies. "They also tend to
leave education earlier and have longer transitions into work, characterized by a
higher incidence of NEETs or informal employment", as study results show (Quintini
and Martin, 2014). Long-term unemployment of young people eventually affects their
integration in the labor market and the quality of their employment conditions.
Unemployment has a negative long-lasting impact on the financial condition of young
people, as well as on their emotional condition and health, which leads to a decrease
in social status and is often one of the causes for postponement of marriage and
childbirth.
Studying youth activity on the labor market in EaP countries is especially important
considering that the outflow of youth from these countries continues and the rate of
labor migration of young people has dramatically increased over the last decade. The
data from Ukraine shows that by various estimates, the number of migrant workers
abroad reaches 4 million and most of them are people aged 15-40 (Institute of
Demography and Social Research, 2018). Also, according to recent opinion polls, the
share of young people who want to leave Ukraine remains high: of those who intend
to leave Ukraine, 55% are young people aged 18 to 29 (Mostova and Rakhmanin,
2018).
There is similar data about Georgia as the Institute of Demography and Sociology of
Ilia State University (2017) surveyed 1,250 students from universities in the capital
and some other cities of Georgia; the survey is representative for all Georgian
students. The students were asked questions of the following content: do they plan
to go abroad within the next three years and where; what is their motivation for
leaving; whether they intend to return and when; the size of the desired salary in
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Georgia and abroad; readiness to emigrate and integrate in another country's society
(learning the language, saving money, choosing the intended country, etc.). The
purpose of the survey was to assess the emigration potential of students. The data
obtained brought more clarity to the migration motivation of the population, taking
into account the relevant data from the population censuses and some other studies.
As a result of a sociological survey, it turned out that almost 43% of the surveyed
students would like to move abroad — temporarily or permanently (Institute of
Demography and Sociology of Ilia State University, 2017).
As for the youth migration from Moldova, the data shows that the majority of migrant
workers (79%) are between the ages of 18-44. The age category of 18-44 prevails
among men and 45-65 years prevails among women. Moreover, the age structure of
migrants heading to the CIS countries is younger than those working in the EU
(Postan, 2017).
Table 3. Key labor market characteristics in Georgia, Moldova and Ukraine.

Total Total Total youth


employment unemployment rate, unemployme
rate, 2019 2019 nt rate, 2019
Georgia 58 11.6 30.4
Republic of Moldova 40 5.1 10.4

Ukraine 49 8.2 15.4

Source: International Labour Organization, ILOSTAT database. Data retrieved in June 21, 2020.

The labor market indicators such as total employment rate and unemployment rates
are, however, not quite informative as they are significantly distorted by the high
degree of informal economic activities in these countries. Also, the current indicators
are only relatively comparable as there is hidden unemployment and
underemployment caused by Covid-19 pandemic effects.
Section 2. Analysis of labor migration policies, regulating measures and
institutions in Ukraine, Moldova and Georgia as countries of origin
Georgia
Until recently, the nation of Georgia did not have a written migration strategy and a
law regulating labor migration. When compared to the previous IOM’s assessment
report regarding migration management, remarkable progress has been made in the
direction of better labor migration regulations throughout about 10 years (ICMPD,
2015). The existing national legislation governing migration issues consisted of a
number of laws and governmental ordinances describing the rights of Georgian
citizens, aliens and stateless persons, visa procedures, as well as regulating entry,
residence, return and combating human trafficking. Additionally, national migration
legislation relied on legal acts for other branches of law,for example, administrative
or criminal law in order to prevent and prosecute offenses and crimes associated with
migration (ICMPD, 2015).
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Before the migration management reform, the main institutions dealing with these
issues were the Ministry of Justice, the Ministry of Foreign Affairs and the Ministry of
Internal Affairs and its Border Police, the Ministry of Internally Displaced Persons from
the Occupied Territories, Accommodation and Refugees (Midpocra) and the Ministry
of Labour, Health and Social Affairs. At the same time, as migration researchers noted
"none of these institutions had a clear coordinating role in migration management nor
rules existed regarding the sharing of tasks between existing agencies dealing with
migration and with migration management competences" (European Training
Foundation, 2013).
Therefore, with the launch of migration management reform, a new migration
management structure and a coordinating agency was established in 2010 — the
State Commission on Migration Issues. Its establishment is associated with the
improvement of sector-specific policies. Later, the Secretariat of the Commission was
formed with the financial, administrative and analytical support of the EU. The key
function of the Secretariat is to support the Commission’s regular operations and
provide expertise on migration-related issues. According to the website, the
Commission works on different topics related to migration by creating thematic
working groups that "have been set up to work on Integration issues, Migration Risk
Analysis, Migration Strategy, Reduction of Statelessness, Unified Migration Analytical
System and Migration & Development" (State Commission on Migration Issues, n.d).
These are the main and permanent working groups that work under the coordination
of the State Commission on Migration Issues. These groups include representatives
of different institutions, such as state institutions, international organizations and local
NGOs.
According to the European Training Foundation (2015), one of the advantages of
establishing a coordinating agency is the transparency of the policymaking process,
as the Commission "has a quite transparent information policy, it collects and
publishes all migration-related projects/activities on its website". There are two
important key dates that changed the landscape of labor migration policies in
Georgia. It all started in 2015, when the new law "On labor migration" was adopted.
The new law regulated the intermediary activity for providing work abroad and labor
market intermediary agencies were required to register in the public register
according to their type of activity and also submit regular reports every year.
Currently, there are up to 60 labor migration companies operating in Georgia.
In 2016, a new policy framework document, Migration Strategy of Georgia, was
approved by the government and successfully replaced the previous one. The new
Migration Strategy has received predominantly positive feedback as a more
comprehensive document. It is worth noting that this Strategy was developed by a
special working group under the State Commission on Migration Issues in close
cooperation with international and local consultants.
Republic of Moldova
The approach established by the public authorities of Moldova is that the regulation
of labor migration will depend on the successful solving of poverty issues, on
increasing employment, increasing the country's economic potential and the welfare
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of its citizens. Migration policy is considered in the context of social policy and
subordination of the migration policy goals to national priorities, and their linkage with
the country's development prospects. In 2006, Moldova started to carry out the first
significant reform in the field of regulation of labor migration processes. Conceptual
approaches to the regulation of labor migration were reformulated, institutional
changes were made, cooperation with the European Union was strengthened, yet
focusing more on counteracting illegal and illegal transit migration.
The institutional aspect of the reform was conditioned by a change in priorities in
migration policy, considering it an integral part of social policy. Therefore, the
functions of the National Bureau for Migration were divided between the Ministry of
Internal Affairs (National Bureau for Migration and Asylum), the Ministry of Economy
and Trade (National Employment Agency). The President, the Parliament, the Ministry
of Foreign Affairs and European Integration, the Department of Border Troops, and
the National Bureau of Interethnic Relations also participate to varying degrees in the
regulation of migration processes (Mosneaga, 2009). Eventually, in 2010, the
Commission for the Coordination of Activities related to migration was established,
headed by the Deputy Prime Minister of the Government, Minister of Foreign Affairs
and European Integration of the Republic of Moldova. Yet, the key state agency in
charge with migration issues management is the Bureau for Migration and Asylum
under the Ministry of Internal Affairs, which is an administrative body subordinated to
the Ministry of Internal Affairs and created to ensure the implementation of policies in
the field of migration, asylum, legal regime of stateless persons and the integration of
foreigners.
The Law "On Labor Migration" adopted in 2008, pays great attention to counteracting
the unregulated labor migration and protection of labor rights of the Moldovan
population. Legislators have tightened control over the activities of labor market
intermediary agencies involved in the employment of Moldovans abroad. According
to the new rules, companies are required to submit quarterly reports to the National
Bureau of Statistics and the employment agency. The reports should indicate the
number, names, duration and destination country of the migrant worker. Parents who
work abroad are obliged to notify the agency that their children are not left
unattended.
Trade unions actively participated in the discussions and adoption of the Law “On
Labor Migration”. The National Confederation of Trade Unions of Moldova submitted
a draft law to the ILO for examination (Yeliseyeu, Postan, et al., 2017). Several
proposals were included in the law. Despite the fact that trade unions insisted on the
introduction of the term “circular migration” and necessity of its regulation, they could
not find support from partners.
Another important aspect of the labor migration policy of Moldova is its close
cooperation with the European Union in the field of migration regulation. Moldova
pursues its migration policy in the context of migration initiatives of the European
Union. In particular, Moldova expressed the desire to act as a country for a "pilot"
project on labor force circular migration, made a number of proposals and inputs on
improving the mechanism of circular migration and mobility. Two rounds of
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negotiations were held to offer Moldova a pilot project in the area of partnership on
mobility and circular migration. In 2008, Moldova was selected to implement a “pilot”
project in the field of circular migration (Mosneaga, 2009).

Ukraine
The need to develop a labor migration policy has rarely come to the attention of public
authorities in Ukraine. As migration issues were addressed mainly due to the need to
strengthen European integration processes and cooperation with international
partners, the migration policy is generally more focused on security and combating
unregulated migration. The Presidential Strategy for Sustainable Development
"Ukraine-2020" did not reflect the issues of migration policy at all, and the Medium-
Term Plan of Priority Actions of the Government until 2020 outlined only issues related
to the automation of migration processes. To date, there are several documents that
to some extent contain provisions on labor migration, and namely the Strategy of
State Migration Policy of Ukraine until 2025 and Law “On External Labor Migration”.
The main framework document, the State Migration Policy Strategy, approved by the
Government in 2017, effectively replaced the previous Migration Policy Concept. The
new Strategy for State Migration Policy, adopted to implement the provisions of the
Association Agreement with the EU, clearly states the key objectives for labor
migration policies in particular. Two of its thirteen goals are connected to labor
migration policies. Goal number 2 aims "To reduce the negative consequences of
emigration from Ukraine and increase its positive impact on the development of the
state" and goal number 3 "To create the necessary conditions for the return and
reintegration of Ukrainian migrants into Ukrainian society." Besides that, it is planned
that the state will work to reduce administrative barriers to the freedom of movement
of the population of Ukraine, combat illegal migration, ensure integration and
comprehensive assistance to refugees and foreigners.
Overall, the Strategy states that migration policy should be consistent with the
economic development of the state, social and demographic policies and be flexible.
As experts Sushko and Kravchuk (2020) believe, this policy recognizes the
inevitability of the phenomenon of migration and the impossibility of limiting it by
administrative methods, prioritizes the rights and interests of migrant workers, states
both the negative effects of mass emigration and its positive potential, and offers
certain measures to weaken the potential negative effects and develop the positive
ones.
As the Strategy should be implemented in two stages, it seems that at the first stage
(years 2018-2021) changes will be made within the migration management legislation,
improvement of statistical data collection methods and procedures, in particular the
collection of data on labor migrants. In the second stage, which covers the period
2022-2025, more resource-intensive tasks are expected, yet none of them is directly
associated with labor migrants. For example, another, rather ambitious innovation
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offered by the Strategy at the second stage is the systematization of the migration
legislation in the Migration Code of Ukraine.
Throughout the two stages, the state authorities have to work on raising awareness
of migration issues: possible risks associated with undocumented labor migration,
the terms of international bilateral agreements on labor migration between Ukraine
and other countries, social and legal protection of migrant workers and their families.
Another task to be accomplished by 2025 is to promote the employment of migrant
workers after returning to Ukraine. However, both tasks do not include any proactive
measures and criteria of effectiveness – thus, their implementation is unlikely.
Until recently, there was no legal framework for labor migration policy and the
management of migration processes in Ukraine. Although the previous policy
documents and strategies in the sphere of labor migration in Ukraine did not create
clear mechanisms and tools for the implementation of migration policy in the field of
labor relations, the adoption of the Law “On External Labor Migration” which entered
into force on 1 January 2016, gave hope that the situation in this area will change for
the better, as experts mentioned (Verkhovna Rada, 2015). Yet, as will be described
below in this section, the ineffective policy implementation, lack of coordinated efforts
in managing the labor migration issue and the Covid-19 pandemic have created
unprecedented challenges for Ukraine, both in terms of border management and
labor migration regulation.
The above-mentioned law guarantees the rights of migrant workers and their families
and contains organizational principles for the relocation, employment and social
protection of Ukrainian citizens working abroad, and provides for the formation and
implementation of a unified state policy in the field of external labor migration. The
Law applies to migrant workers who work on the basis of an employment contract;
work as self-employed and provide paid services; carry out other paid activities that
are not prohibited by the legislation of the host state (Verkhovna Rada, 2015).
In the broader context of migration policy, the central body is the State Migration
Service of Ukraine which is subordinated to the Ministry of Internal Affairs. However,
the State Migration Service is not involved in managing the issue of labor migration.
According to the Law on external labor migration, the development and
implementation of state policy in the field of external labor migration are ensured by
the Cabinet of Ministers of Ukraine, central executive bodies (ministries), as well as
local state administrations and local public authorities.
Until the end of 2019, the main government agency that ensured the implementation
of labor migration policy was the Ministry of Social Policy. Starting with 2020, part of
its functions have been transferred to the Ministry of Economic Development and
Trade. The responsibility for labor migration has been transferred to the Ministry of
Economic Development as part of a broader employment issue. In theannouncement
on the website, the Ministry of Social Policy seems happy to have successfully cast
away those functions. Therefore, the issue of employment was included in the
Strategy of the Ministry of Economic Development for 2020-2024, yet there are no
separate mentions regarding labor migration. It is worth mentioning that the Ministry
of Social Policy is still responsible for the reintegration of returned migrant workers.
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When the Covid-19 pandemic crisis became an obstacle for the departure of
Ukrainian migrant workers abroad, these issues were handled by the Cabinet of
Ministers, the Ministry of Foreign Affairs and, ultimately, the Deputy Prime Minister
for European Integration, but not the Ministry of Economic Development or the
Ministry of Social Policy. One of the migration monitoring reports of the think tank
Cedos (2020),illustrates the problematic aspects of external labor migration
management and shows thatit became more acute during the Covid-19 pandemic.
In early April, the media reported that Finland planned to employ seasonal workers
from Ukraine and bring them to Finland on charter flights, which ultimately was not
confirmed by the embassy (Europeiska pravda, 2020). In an interview on April 22, the
Prime Minister of Ukraine stated that "we did not and do not conduct any negotiations
on taking people somewhere to work" and that "... we actually have a closed border.
We want to try to convince people to stay in Ukraine and make every effort to do so”
(RBC, 2020). The next day, April 23, a charter flight organized by employers departed
from Boryspil Airport with 186 citizens of Ukraine on board, who were taken to
Helsinki, Finland for seasonal work after they underwent a two-week quarantine in
the host country.
After a sequence of similar situations, the official position of the Ukrainian government
changed. On April 29, the Deputy Prime Minister for European and Euro-Atlantic
Integration was authorized to coordinate cooperation with EU countries regarding the
organized trips abroad of seasonal workers (Ukrpravda, 2020). Thus, further flights
were agreed if proper working, living and medical conditions were provided. This
indicates that in fact there is no state body in the Ukrainian government that would
systematically and comprehensively deal with the issue of labor migration, although
it is pretty common for the state.
Section 3. Models of labor migration policies. Key principles of people-centered
labor migration policy and management
As stated by Liehr et al. (2016) the causes of migration determine the migration
patterns. Some common factors of migration include lack of medical and social
security, poverty, lack of employment opportunities, environmental disasters and
political factors, such as armed conflict or war. A labor migration policy is the most
important component of the entire migration policy of any country, as it is about the
largest migration flows — and it is the migration channel that is most exposed to
government regulation. The countries of destination and origin of migrants have
different interests in the field of labor migration; hence different political goals and
means of achieving them. At the same time, they have a common need to protect the
rights of migrants, ensure organized migration, prevent undocumented migration.
Also, they have an interest in international cooperation.
Host countries play a key role in shaping the regime of international labor migration,
as they determine the procedures for admitting workers to their territory, issuing visas
and work permits. In case of violation of workers' rights, conflict situations are
resolved in accordance with the laws of the host countries and their judicial
authorities. Instead, home countries have very limited opportunities to influence the
employment of their citizens abroad. Nevertheless, more and more labor exporting
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developing countries are resorting to the development and implementation of labor


migration policies.
According to the classification proposed by the International Labor Organization,
there are four main types of labor migration policies practiced by home countries
(Abella, 1997). Developed countries with large numbers of labor migrants abroad,
such as the United Kingdom and Portugal, tend to resort to non-interference.
Regulatory policies are more common in the world. India is an example in this sense,
where the government tries to regulate the activities of employment agencies abroad,
setting minimum standards on the terms of contracts that their citizens enter into with
foreign employers.
If the state not only produces framework legislation but also creates government
bodies or agencies for the implementation of employment procedures abroad, it is a
type of policy that can be described as state regulation. This typical policy is
characterized by state intervention in the labor market in order to facilitate the
migration of certain categories of workers, in particular to the countries with favorable
conditions that have been created through interstate negotiations. Part of this policy
is to encourage the transfer of remittances (funds earned abroad) to the homeland
and the development of programs for their beneficial investment in migrants and the
state. The Philippines is an example of the most successful implementation of
government regulatory policy. Encouraging the transfer of remittances is an important
part of labor migration policy, as a recent briefing published by the World Bank (2019)
highlighted the fact that remittance flows are the vital source of external funding for
developing countries such as Ukraine, Moldova and Georgia — usually the second-
largest source, after foreign direct investments. Moreover, it may help to reduce
poverty rates.
Another type of policy in the field of labor migration is the state monopoly, which was
a characteristic of the former countries of the socialist camp. Today, with some
modifications, it has survived in China and Vietnam, where only government agencies
are empowered to organize labor migration abroad.
Despite the diversity of approaches, all countries of migrant origin or home countries,
face essentially the same problems and seek political solutions in the same areas. In
particular, the IOM has classified these areas as follows:
• protection of migrant workers from exploitative forms of recruitment and provision
of necessary assistance;
• optimizing the benefits of organized employment abroad, primarily by inventing new
labor markets and directing remittances through official channels, as well as their
effective use in the interests of development;
• reduction of negative consequences of emigration of qualified human resources;
• Institutional capacity building and interagency coordination to ensure appropriate
responses on the challenges of labor migration;
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• deepening cooperation with the countries of destination of migrants in order to


ensure the protection of their rights, access to the labor market and the prevention of
illegal migration (World Migration Report, 2008).
The countries of origin focus their political efforts primarily on protecting and
regulating the migration of low-skilled workers. After all, the rights of migrants
representing the skilled elite are already successfully protected by the host countries
interested in their arrival. As for the low-skilled labor force, its supply is much higher
than the demand for it abroad, so migrants are exposed to the risks of the high cost
of migration, extremely high payment for the services of intermediaries, who often
work in violation of the law. Low-skilled workers are more likely to suffer from
overexploitation in the host countries, violations of previous agreements on
employment conditions, reduction or non-payment of wages, lack of social
protection, racism and xenophobia, etc. (World Migration Report, 2008). All this
significantly reduces the positive effects of migration for migrants, their families,
society as a whole., All in all, the contribution of migrant workers to improving the
well-being of their households and to the development of their country of origin can
be greater if they are provided with adequate working conditions and their
fundamental rights are protected.
Considering these main goals, the countries of origin have developed and
implemented a number of policy strategies in the field of labor migration. The main
ones are the following:
• providing potential migrants with the information they need to make an informed
decision about employment abroad, as well as information that facilitates their
adaptation abroad through pre-departure orientation seminars and relevant
information campaigns;
• creating conditions for the voice of migrants to be heard and taken into account in
the formation of appropriate policies by supporting fellowships and other public
associations of migrants;
• rationalization and simplifying the legal framework for the regulation of employment
abroad so that over-regulated policies do not become an additional impetus to illegal
migration;
• careful supervision of the activities of recruitment agencies, especially foreign
entities, in order to prevent abuse and deception of employees;
• setting out, along with the revocation of licenses, of criminal liability for the most
serious violators (agencies, individuals) of the procedure for recruiting employees to
work abroad;
• special attention to the employment abroad of the most vulnerable categories of
workers, such as women employed in households, unskilled workers;
• raising the qualification level of migrant workers in order to improve their
employment conditions abroad and prevent "brain drain";
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• providing reliable means of entering into employment contracts by signing relevant


interstate agreements, development of international cooperation (World Migration
Report, 2008).
Foreign practices in regulating labor migration are important for Ukraine as a country
that supplies the international labor market with numerous workers. There is a need
to learn about the activities of administrative structures responsible for regulating
labor migration, models of cooperation with private recruitment agencies, the practice
of social insurance and diplomatic protection, the experience of international
cooperation, etc. These aspects will be overviewed below in this section.
According to experts of the International Labor Organization, a vital component of the
policy of countries of origin in the field of labor migration is marketing, which aims to
find the most profitable markets for employment and successful competition with
other countries that supply labor force (OSCE, 2006). Cooperation with the countries
of residence of migrants is extremely important for expanding the objectively limited
opportunities for donor countries to influence the process of labor migration. Such
cooperation is the key not only for more effective protection of workers abroad but
also for the expansion of channels of legal employment in foreign countries and the
prevention of illegal migration. In particular, migrant suppliers try to regulate the
situation of their citizens abroad by concluding agreements with their host countries.
The model of such bilateral agreement was developed by the ILO and contains a
number of basic elements: the definition of the government body responsible for the
implementation of the agreement; the procedure for the exchange and content of
information exchanged by partner countries; requirements for the selection of
candidates; the procedure for entry of migrant workers and the necessary
documents; minimum requirements for the contract; guarantees of working
conditions for foreign workers which should not be worse than those of national
workers; the procedure for consideration of complaints and disputes; social
conditions security, etc. (Abella, 1997). Although experts are often critical of the
effectiveness of bilateral agreements to regulate labor migration, as they are usually
concluded only when labor migration between countries has existed for a long time
and do not affect its direction or scope, these agreements still have large importance
as political documents declaring the readiness of the parties to cooperate and protect
the rights of migrants.
Section 4. Analysis of the aid offered in each EaP countries to the migrant
returnees and identification of most vulnerable EaP migrant workers
Short-term measures of support and consultations for returning migrant workers
in times of the lockdown: conducting online information meetings; extending
working hours of call centers; online communication with migrants through social
networks; organization of special charter flights for migrant workers; preparation and
delivery of humanitarian aid (i.e. food supplies or protective equipment: facemasks,
gloves, disinfectant) for migrant workers that have suffered from the cancelation of
flights.
15

The Embassies of Ukraine in the host countries assisted and worked with the Ministry
of Foreign Affairs to return Ukrainians home. Most often, special charter flights were
organized, but the Ukrainian government selectively paid only part of them, according
to an interviewed expert. In addition, there were situations when the airline canceled
the flight a few days or hours before departure.
According to one of the interviewed experts, the Moldovan authorities not only failed
to provide support for migrant returnees but also created difficult conditions for their
return to their home country. First, the authorities refused the idea to organize special
zones for "returnees". Second, starting from April 2020, all travelers entering the
country, including returned migrants, are required to fill out a declaration of personal
responsibility and sign a commitment to purchase the medical insurance within 72
hours. The total cost of medical insurance is MDL 4,046 (200 euros), and the price
does not include treatment for Covid-19, as it is free for everyone.
Long-term measures aimed at economic development for the returned migrants
and their families (i.e. program of affordable loans). In Ukraine, there is only one
special aid that could be offered to the migrant returnees — a program of affordable
loans operating at the central government level. In December 2019, President
Volodymyr Zelensky announced the state program "Come Back and Stay", which
aims to return Ukrainians from abroad. The program offers affordable loans for
businesses under 5%, 7% or 9% interest. In particular, the program provides a loan
for your own business in amount of up to UAH 1,5 million for five years with such
conditions. In January 2020, the President signed a law amending the 2020 state
budget in order to provide the allocation of UAH 2 billion within the program.
According to the Ministry of Finance, about 50,000 people will be able to take part in
the program in 2020 (Ukrinform, 2019). Despite the fact that this program was not
designed exclusively for migrant returnees and was created before the outbreak of
the Covid-19 pandemic, it could generally mitigate the negative effects of the
economic crisis for labor migrants and their families.
At the same time, as the "Come Back and Stay" program was designed under time
constraints, it is not efficient to support people starting businessesor for increasing
the number of micro- and small enterprises operating in the real sector of economy.
However, the program can stimulate the development of profitable small and
medium-sized businesses. In particular, it provides such businesses with cheap
capital and funds for the acquisition or renewal of assets.
There is an example of another governmental program designed to provide aid for
irregular migrants or returning refugees in Georgia. The program is implemented by
the Internally Displaced Persons, Ecomigrants and Livelihood Agency. Its value
exceeds half a million GEL (more than 160 thousand US dollars). According to an
interviewed expert, as part of the initiative, Georgian citizens who have returned home
will be provided with medical care, temporary housing and vocational training; grants
will be provided to migrants for further employment. Authorities are expected to fund
150 beneficiaries. At the same time, it is possible to receive assistance for startingany
activity or for its expansion.
Vulnerable groups
16

According to an expert working in the international organization in Ukraine, the


migrant status alone makes people vulnerable. Yet, the low-skilled migrant workers
are particularly vulnerable because it is exacerbated by their tendency to trust labor
market intermediary agencies and other informal channels of job search; often, they
come for a short period of time (up to 7 months) and are not interested in signing a
contract. According to a survey of households conducted by the State Statistics
Service of Ukraine in 2017, 76% of Ukrainian labor migrants found work abroad
through informal channels and 62% worked without an employment contract (IOM,
2019). An interviewed expert mentioned that in Polish discussions about migration, it
is often argued that more than a million Ukrainians work in the country and half of
them are irregular. One of the cases, when consequences of irregular migration
turned to be deplorable, was described by an expert:
A 35-year-old man from Sniatyn [town in Ukraine] lost consciousness while working in a
carpentry workshop in the Wielkopolska Voivodeship, Poland. As the man was employed
illegally, the owner of the sawmill, together with another worker, took the unconscious
man to the forest — instead of calling an ambulance. On the way, the migrant worker died
and the body was found only a few days later. Three minor children remained orphans.
Expert, international organization, Ukraine

The expert also mentioned that employers in destination countries are usually
interested in receiving access to the labor force and willing to provide invitations for
work, yet they are less willing to sign employment contracts. If an agreement is
signed, it can include other terms than those in the initial invitation. Another tactic to
avoid official employment is to offer a short-term civil law agreement instead of a full-
fledged employment contract from which contributions to the Social Insurance Fund
and health insurance are deducted. Lastly, there is also another scheme: the contract
is signed, but the employer does not notify the Social Insurance Fund about that.
Another expert noted that in such destination countries like Poland, Italy or Greece,
the culture of condemning illegal labor is non-existent, as people perceive it not as a
crime but as another way to "cope." Instead, migrants are beginning to understand
why it is important to work legally:
These changes happen because migrants understand that migration is not a temporary
phenomenon in their lives. The perception of the nature of migration also changed in
Ukraine and Poland. Migrants are increasingly working in the service sector and large
firms, where undeclared work is not a popular practice. Moreover, the role of employment
agencies is growing, more and more people want to stay in Poland longer, and long-term
legalization is impossible without a formal contract.
Expert, local NGO, Ukraine

Often people are not ready psychologically to migrate and work abroad, and it,
therefore, leads to situations of vulnerability, expert adds. According to an
interviewed expert, young people are among the most vulnerable categories of the
population as they experience difficulties with employment in their home countries
quite often, especially those living in small towns and rural areas, as well as employed
people with low wages. An expert mentioned that a third of labor migrants are from
rural areas and about a quarter are from small towns.
17

Talking about those who are not psychologically ready to migrate and stay in their
destination country, one expert emphasized that the youth was also severely affected
by the Covid-19 outbreak — both psychologically and financially, as they are usually
poorly informed about their rights. This is especially relevant for the youth that travel
abroad for education purposes and combined their studies with a temporary job:
For example, there is a group of children who go abroad to study at school, without
parents — teenagers who go alone. But because they are teenagers, they are still children
in need of parental support. That is, not what parents do not want, but in the sense of
thinking about their future, that when they finish school here, they can go to university,
there are opportunities for the future. There is a group of students who are not adults,
who cannot decide for themselves. There must be parents for them, there must be a
guardian. There are different situations.
Expert, local trade union, Moldova

Section 5. Policy Recommendations


1. To introduce a coordination mechanism (integrated labor migration
management), which, according to our experts, is absent, in order to
systematically and comprehensively deal with labor migration issues. The
successful experience of integrated border management suggests the
possibility of introducing an integrated approach to the management of labor
migration. It is possible that this will finally enable the effective implementation
of the tasks that are scattered between ministries and agencies. — Ukraine
2. To design and implement long-term support for returning migrant workers
which can be performed by state agencies in close cooperation with CSOs
and international funds. For example, the returned migrant workers often need
consultancy and assistance to initiate a small business and financial support
for opening a small enterprise.The also need career counseling, job-finding
services, job training, requalification, close support to recognize the skills
acquired abroad, etc. These services should be provided on a regular basis
and on-demand; accordingly, governments should plan special social and
reintegration programs targeted at returning migrants, with special attention to
vulnerable groups. — Georgia, Republic of Moldova, Ukraine.
3. To involve trade unions in the development of legislation on the regulation of
recruitment, minimum standards in work contracts; dissemination of
information to migrant workers; assistance in the country of destination;
development of inter-country cooperation. In addition, with the financial
support from public authorities, trade unions can provide assistance in training
and orientation of labor migrants before they leave abroad — for example, to
provide crush courses about their labor rights or language trainings. Trade
unions should be involved in negotiatings a model of labor contracts in
accordance with international standards, participating in different programs to
protect vulnerable groups of migrants and prevent human trafficking. —
Georgia, Republic of Moldova, Ukraine.
4. To implement a comprehensive policy for the protection of migrant workers
abroad. It means regular monitoring of their educational and cultural rights,
incidents of discrimination on national grounds, informational support about
the possibility of re-emigration. Governments should also ensure wide access
18

to voting abroad and consider giving permission for dual citizenship. To ensure
that all migrants benefit from these policies, governments should engage in
cooperation with diaspora and encourage philanthropy, their involvement in
research and education, circular patterns of migration, volunteering and
participation in CSOs initiatives. — Georgia, Republic of Moldova, Ukraine.
5. To bring the current legislation into European and international human rights
standards, sign bilateral agreements for the protection of labor rights and
provision of social benefits, and ensure the implementation of existing
legislation agreements. As the largest number of migrants in the last few years
headed to the EU member states, the improvement of the current legislation in
the field of migration policy is necessary and this should be done in
cooperation with European partners and donors. It is necessary to use the
positive experience of EU member countries, taking into account all aspects
of political, economic and cultural development of EaP countries. — Georgia,
Republic of Moldova, Ukraine.

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