This analysis was prepared in September-October 2010 within the policy report “Shifting the Focus: Can reform in democratic governance drive Moldova closer to the EU?”, which was developed by the Institute for Euro-Atlantic Cooperation (IEAC) as part of the Ukraine-Moldova Civil Society Task Force with the support of the Ukraine National Initiatives to Enhance Reforms (UNITER) program (then upgraded by the author for Novisa EWB website).
Oleksandr Sushko | "Europe without Barriers"
Chisinau is not looking back at Kyiv anymore taking the lead in achieving criteria for the visa-free regime with the European Union. Maintaining the formal diplomatic lead (Ukraine was the first to get Visa Liberalisation Action Plan), in some practical parameters Ukraine is behind Moldova.
Visa Liberalisation with the EU is one of the policy priorities of the Republic of Moldova. Under this priority, national interests as well as prospects and opportunities of Ukraine and Moldova are apparently identical. Thus it provides grounds for productive mutual experience exchange and coordination of efforts.
Considering that the progress towards visa-free regime is only partially related to the diplomatic area, mostly belonging to the sphere of internal reforms, mutual exchange of the relevant experience could be useful for determining optimal steps towards reforming process and for avoiding mistakes made by neighbors.
In Moldova’s case, the expectations for the visa-free regime with the EU could help in solving ingrained Transnistrian conflict, as it would significantly increase the attractiveness of the citizenship of the Republic of Moldova in the eyes of Transnistrian region’s residents.
Reforms towards visa-free regime is an example of policy that developed and guided by the European Union. At the same time, states implementing such reforms obtain the obvious benefit from this process which is not only the final goal which is visa-free entry to the EU countries. The result of these reforms are the following: an essential improvement of security of identity documents, strengthening of combat forces against illegal immigration, improving border management, developing cooperation with law-enforcement authorities of the EU’s Member States, improving the policy on human rights, and reducing corruption in tangent spheres.
The list of reforms is sufficiently extensive, but entirely comprehensive and clear. The experience of the Western Balkans appears to be the most useful for Ukraine and Moldova. The governments in that region are implementing reforms in accordance with the roadmaps provided by the EU in the first half of 2008. Some of them – Serbia, Macedonia and Montenegro – have already accomplished an appropriate reform package and obtained a visa-free regime with the EU in December 2009. Others, namely Albania and Bosnia and Herzegovina got final positive assessment at the end of 2010.
Using the experience of the Western Balkans adapted to Eastern Europe realities makes Ukraine and Moldova natural allies, and, at the same time, informal competitors struggling for the “championship” and trying to succeed independently without particular reference to the neighbor’s situation.
Gained experience: leadership of Ukraine is questioned
For a long time Ukraine kept leadership in this process staying at least one step ahead. Kyiv was the first unilaterally to abolished visa requirements for EU’s citizens from May 1, 2005 (Moldova did the same procedure several months later); Ukraine was the first to achieve fixation in the Preamble of the Visa Facilitation Agreement (2007) statement that the absolute abolishing of the visa regime is a long-term goal; in October 2008 Ukraine was the first to launch visa dialogue for developing conditions and criteria for abolishing the visa regime and has already held several negotiation rounds on the issue (Moldova started a similar process only in June 2010). Finally, Ukraine was the first to mobilize strong diplomatic support within the EU, which seems to overcome the antagonism of skeptical countries to granting the EU’s document, similar to roadmap for Western Balkans: in June 2010 at the Ukraine-EU Troika meeting of Justice Ministers and Ministers of Internal Affairs where it was announced that such document (working title "Action Plan for Visa Liberalization"), planned to be launched at the EU-Ukraine summit, held on November 22, 2010 in Brussels. Therefore EU-Ukraine visa dialogue has been upgraded from exploratory stage to the operational one.
On October 25, 2010 similar decision on Moldova was also adopted by the EU Council, Action Plan for RM is expected to be granted in January 2011.
Thus, in terms of diplomatic dialogue Ukraine performed particular “battering-ram” and reached decisions that were provided to the other Eastern Partnership countries, including the Republic of Moldova.
However, trends of the last year demonstrate that Moldova, following the Ukrainian experience, is becoming a country trying to set a higher pace of relevant reforms that could eventually lead to faster gaining of the desired result. The point is that the Government of Ukraine has traditionally concentrated its activity on diplomatic efforts, not always supporting with relevant reforms. Until present days the belief that establishment of visa-free regime is primarily diplomatic problem sounded in the political rhetoric of Ukrainian senior officials and its solution depends primarily on the Ministry of Foreign Affairs. Last head-note was posed by the President of Ukraine in June, 9 during a press-conference with EU President Herman Van Rompuy in Kyiv.
Since recently other accents have been arranged in Moldova. At first, the Government that came to power within the Alliance for European Integration in 2009 more accurately understood tactical priorities and evaluation criteria of the European Union. The Government has focused its attention on practical steps to achieve visa-free regime criteria, on the requirements that have been put forward for the Western Balkans. Moreover the Government has not been waiting for receiving particular requirements for the Republic of Moldova to be properly drawn up and formally presented by the European Union. Having sufficient information as for the list of the relevant guidelines and criteria (it is enough to study roadmaps provided by the Western Balkan countries) the Government of Moldova has started to accomplish the following relevant criteria.
Firstly, significant progress has been made in the sphere of documents’ security (this is the first thematic block of roadmaps/action plans). In 2008 the previous Government of Moldova introduced biometric passports to its citizens for traveling abroad (biometric passport contains an electronic chip with a coded personal data and fingerprints information of its owner). During the first year thousands of such passports have been issued, which could not solve the problem completely though. Nevertheless it was a significant step forward. At that time Ukraine only began (in 2007) issuance of previous generation passports to its citizens (with polycarbonate page, but without biometrics data). At the same time Moldovan citizens could choose whether to obtain standard or a biometric passport (certainly biometric passport was high-prized).
Finally, in spring 2010 the new Government of Moldova announced that biometric passports that fully meet the ICAO standards1 will be issued exceptionally starting from January 1, 2011. It should be noted that the introduction of standard biometric passport is one of the roadmaps requirements for the visa-free regime. Eventual removal of visa requirement is available only for holders of biometric passports, as specified in the EU Council decision on the abolition of visa regime for citizens of Serbia, Macedonia and Montenegro dated November 30, 2009 as well as in the Ukraine’s Action Plan granted to Ukraine in November, 2010.
Issuing of biometric passports is in hands of the Ministry of Information Technologies of the Republic of Moldova. This practice is not typical for European countries; however, it minimizes the impact of commercial entities and business interests on the process unlike Ukraine, where the entire market of identification documents production is monopolized by a narrow group of business structures.
Therefore, the Government of the Republic of Moldova in this issue did not expect guidance from the EU, and acted pro-actively (carry the ball), advanced, earning its first significant point towards the visa-free regime with the EU. It is important to emphasize that the establishment of a biometric passport standard does not only comply with the requirements of the EU, but also significantly reduces the possibility of corruption in the issuance of identification documents: forgery of such passports is very expensive.
Experts consider that fraud of the modern biometric passport is completely impossible without the involvement of highly equipped special services that possess relevant equipment, technology and databases. This is not comparable with the risk of ordinary passports fraud (moreover with affixed photograph) that can be produced in the handicraft production and "sold" to all needs (moreover passport with affixed photograph were still issued in Ukraine even in 2010 – in June-August the Cabinet of Ministers allowed publishing of 50 000 more of such forms).
In any case the probability of biometric passport fraud is lower than the falsification of ordinary passport which undermines corruption in the area of IDs issuance. This step would be extremely important and useful for Ukraine, especially taking into consideration the large number of the past fixed misuses of Ukrainian passports or issuing several passports to one person (for example, with different names or surnames).
Moldova involves European experts to verify the reliability of passports and other identity documents: the whole process from personalization to entering data into a form has been demonstrated for experts. It appears to be significantly important considering that the document security includes not only the technological quality of the document, but also the procedures of obtaining, storing and using personal data, storing and filling passport forms, etc. This process should be transparent and subject to verification. Correct tactic used by Moldova is a voluntary admission of European experts to all stages of biometric data passports production.
Except the passport for traveling abroad, Moldova advanced Ukraine by introducing the European standard identification document – a plastic ID-card, which serves as “internal passport” (unlike archaic Soviet format of the Ukrainian internal passport still existing in Ukraine).
In border management issues Ukraine and Moldova have quite a lot of common experiences and problems. In 2010 the parties started the border demarcation process of the Transnistrian border plot and took the final decision on the regulation of border issues around village Palanca.
Moreover, Moldova in contrast to Ukraine much wider uses a potential of cooperation with the EU Border Assistance Mission to Ukrainian and Moldovan border (EUBAM). Particularly, EUBAM in Moldova plays the role of advisory entity, which provides assistance on the full range of border security issues, and the Government encourages such assistance. This applies to the border with the EU (Romania), administrative border with the Transnistrian region, air space and river (Danube) border. In other words being created in 2005 and with Moldova-Ukraine border focus, now the EU Mission activity in Moldova is not limited to the border with Ukraine. It definitely works for building confidence between bordering agencies and the Republic of Moldova, which is essential precondition for visa liberalisation.
Moldova is realizing the project with the help of the European Commission that allows equipping all border check points with modern technical equipment, including infra-red detectors, modern Internet communication lines, access to Interpol databases, etc.
An important institutional decision was the creation of the Governmental Visa Taskforce headed by Mr. Iurie Leancă, the Minister of Foreign Affairs and European Integration in Spring 2010. This working body authorized to coordinate activities of executive authorities in all issues related to visa liberalization, and which has powers to make appropriate decisions approved afterwards by the Government. Creation of this body was perceived in the EU as an indication of existence of political will at the highest level on implementing necessary reforms in Moldova.
The Government of Moldova without pushing by Brussels, referring to the documents directed to the Western Balkan countries by European Commission as the master form, made their own assessment of compliance of Moldova to roadmaps requirements towards visa-free regime. Relevant pre-estimated document was sent to the European Commission at the beginning of the year 2010. According to the document Moldova meets requirements with the roadmap. Probably the EU estimated this self-assessment of Moldova as exaggeration, but nonetheless, the fact of proactive politics deserves encouragement.
Problems
We are not going to exaggerate Moldova’s successes: the country is only in the beginning of achieving the criteria that in future will open visa-free entry for citizens of Moldova into the territory of EU member states.
Progress in some areas, for instance, migration management, fighting illegal migration and human trafficking, is quite modest in present. Moldova still remains (proportionally to population) the most prominent supplier of labors, including illegal labor, to labor markets of EU member states. Gearing of working-age citizens, who are abroad for employment, is also the largest in Europe (from 25 to 35% by various estimates).
An important remaining problem is the relations with the Transnistrian region, which publishes its own documentation (e.g. birth certificates) that is recognized by the Republic of Moldova as a basis for citizenship granting. It is needed to organize such level of interaction and cooperation between Chisinau and Tiraspol that would allow information exchange on the issuance such documents with the purpose of better control, fraud identification, etc.
Therefore, there are more tasks ahead than behind. However, the key to confidence in the final success of Moldova is not even the number of implemented reforms as indicative change of policy philosophy in the issues related to freedom of movement for its own citizens across Europe.
The essence of this philosophy quite persuasively stated in the article “Toward Safe Visa-Free Europe”, by Vlad Filat, Prime Minister of the Republic of Moldova, published in European Voice in June 10, this year2.
The Head of Government considered: «The real question for the EU is not whether it should liberalise visas for its neighbours, but rather how it can best secure its legitimate interests – the effective management of people’s movements and the construction of a common European area of justice, liberty and security. An effective system of defences is never confined to a single ‘wall’, but to multiple lines of defence. So, instead of a ‘fortress Europe’, what the EU needs is a space of justice, liberty and security, protected – and projected – by a range of filters based on effective border-management practices both inside and outside the EU. In reality, both the EU and its neighbours share interests in the way the movement of people is managed». Further, Prime Minister of Moldova is briefly enumerating those achievements of his country, which we have mentioned above.
Those quotes by the Head of Moldova’s Government are provided with the conviction that the culture and practice of correct messages is important to shape favourable informational, political and psychological background in such sensitive area, which is the visa regime, is fundamentally important to follow.
It is hard to imagine more counterproductive tactic than that composition of undue pretentiousness, emotional complaints and blackmail, which often are demonstrated on the issue of visa-free regime with EU by Ukrainian politics. Attempts of getting free-regime only because of Ukrainians are “great European nation, which is humbling”, and which “saved Europe from…” and which “have moral right to have freedom of movement” are not working obviously in the situation of necessity to influence to the Government preoccupied by migration dynamic, public stereotypes and domestic labor markets situation, especially during the economic crisis. Frequently Ukrainian official statements report “all right” in Ukraine (including the sphere of border, customs, enforcement activities security, fighting with corruption, human traffic, etc.), that cause a smile, and finally, distrust by those who are making decisions on visa-free regime. Instead of this, mentioned Vlad Filat’s article is an example of correct emphasizes, which is able to substantially improve the country’s perception and perception of its managers in the eyes of decision makers in EU member states.
The following passage should be considered by speechwriters of Ukrainian leaders, because this is a classic example of a demonstration of constructive thinking and formulating “correct messages”: “Moldova’s aim is to establish checks and systems that are effective enough to render visas unnecessary (emphasis made by author). The EU has legitimate interests and the right to control who enters the EU. The steps we have taken are intended to demonstrate that Moldova is not a demander, but a serious, responsible partner.
Today Ukraine is still a step ahead Moldova in visa dialogue aiming to establish a symmetric visa-free regime with EU. At the same time tempos of internal reform, organizational decision, messages and other expressions of political will demonstrate greater motivation and concentration of Moldovan Government to achieve this goal compared with the Ukrainian Government. Under these conditions it might not be surprising if the EU will give visa-free “green light” to Chisinau earlier than to Kyiv.
RECOMMENDATIONS
For the governments of Ukraine and Moldova:
To conduct bilateral and trilateral (with EU’s participation) political consultations on the prospect of visa-free regime with the EU. To exchange regularly information on achievements and problems in related areas.
To pursue common (or coordinated) positions on the issue of visa dialogue with EU.
To organize inception visits at the experts’ level to share experience in the spheres of documents’ security, migration policy, border management, and combating corruption.
For Ukraine:
To pay attention to more rational and useful tactics by Moldova’s Government as for lobbying visa-free regime (correct definition and implementation of internal reforms and to sending correct messages that will be able to persuade EU in intentions’ sincerity to implement the relevant reforms and become a reliable partner of the EU in the areas of migration control, border security, fighting cross-border organized crime and corruption, etc.).
To create (also relying on Moldovan experience) a system of coordination of executive bodies’ activities responsible for specific policies regarding the visa dialogue. To ensure adequate political will and necessary budget funds to push necessary reforms.
To adopt the Regulation of the Cabinet of Ministers, to set a new Ukrainian passport standard with biometric data to travel abroad. To conduct transparent tender in order to select the executor for government procurement for the biometric passports production and start issuing these passports in the beginning of 2011. To stop issuing passports of outdated designs that do not meet the standards of ICAO. To establish the exclusively biometric passports standard by January 1, 2012.
To engage broader assistance of EU in the field of border security, including mission EUBAM, learning appropriate experience of Moldova.
Seriously consider that easily accessible Ukrainian passports in the Transnistrian region of Moldova is one of the factors of EU mistrust to Ukrainian passport owners in general. To stop granting Ukrainian citizenship to a large number of Moldovan constitutional territory residents.
To define state migration policy core and its executives, to establish appropriate institutional and legal bases of that policy.
To start Visa Liberalisation Action Plan implementation, securing sufficient funds and human resources for that purpose.
To require for ratification of the next documents by Verkhovna Rada of Ukraine:
· The Second Additional Protocol to the European Convention on the Mutual Assistance in Criminal Matters dated 2001;
· Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism dated 2005;
· United Nations Convention against Corruption as of 2003;
· Criminal Law Convention on Corruption as of 1999.
To avoid double standards on the definition of tempos and criteria of implementing free-visa regime for European continent country. To realize that all Eastern Partnership countries, as well as Russia, could get visa-free regime satisfying requirements provided for Western Balkans.
To provide technical and expert assistance to Ukraine, Moldova and other Eastern Partnership countries for achievement standards and criteria for implementing visa-free regime.
1The International Civil Aviation Organization, which document security standards are the guide for the EU and other developed countries
2Towards secure, visa-free Europe, by Vlad Filat. – European Voice, 10.06.2010. –
http://www.europeanvoice.com/article/imported/towards-a-secure,-visa-free-europe/68187.aspx
http://www.europeanvoice.com/article/imported/towards-a-secure,-visa-free-europe/68187.aspx
