General Director of the International Open University IAPM Piliayev I.S. took place in the meeting of the Consultative committee of the European Convention on the legal status of migrant workers
22-23 October 2009 the 14-th meeting of the Consultative Committee of the European Convention on the legal status of migrant workers took place in Urgup (Turkey) under the aegis of Council of Europe and by the invitation of Government of Turkey. It was the first from 2003 (since that time the Committee had not convened through lack of quorum) and the first after Ukraine’s addition to the Convention (since 1.10.2007). Representatives of 8-th from 11-th member states: Albania, Moldova, Ukraine, Spain, Italy, the Netherlands, Portugal and Turkey took part at the Meeting. Norway, France, and Sweden did not send their representatives. Provost for international issues, general director of The International Open University IAPM, doctor of political Sciences, Professor Piliayev I.S. took place in the meeting of the Consultative committee of Ukraine.
The hearings about “the legal status of migrant workers in the East and South Europe” were preceded by official part of the Meeting, suggested by the Council of Europe by Department of migration, where representatives of the countries, who was joint to the Convention during 2006-2007- Ukraine, Albania, Moldova made their speeches, and also Georgia who’s studing the question of addition to the Convention at the moment.
In his speech I.S. Piliayev informed about this day’s status, reasons and problems of migrant workers from Ukraine and in to Ukraine, national legislation which regulates the question about migrant workers, international agreements of Ukraine in the field of activity, official statistics with regard to registered migrant workers in Ukraine, effort of Ukraine’s bodies of power were made to guarantee effective state management migration processes, creating of conditions for constant demographic and social-economical development of the country, strengthening of counteraction illegal migration.
Special attention of member’s, while hearings, was paid to 26th article of the Constitution Ukraine which assures rights of aliens are staying on legal status in Ukraine equal with Ukrainian citizens, in particular in the field of labour and entertainment and also social protection with the exceptions of established by the Constitution, laws and international treaties of Ukraine. It was underlined, that all general states of labour legislation concerning work time, time for rest and so on.
Extend to aliens in Ukraine Concerned of question about professional preparation, giving high education for migrant workers according to articles 14th,15th, and 30th of the Convention, I.S. Piliayev marked important meaning of modern innovatory technologies in particular of development of centres of opened education for migrant workers. It allows Ukrainian citizens receive education, in countries where they are, on Ukrainians programs and educational standards.
While election of leaders of the Committee he spoke out of attitude about expedience of representation in it, as countries-recipient as countries-donors of migrant workers. Expressed position was supported by the Committee which elected for a term of 2 years Ms Luisa Maia Gonçalves as the Chair of the Consultative Committee, and Ms. Ecaterina Bracec (Moldova) and Ms. Ozlem Hancer Gunsev (Turkey) as first and second Vice-chairpersons respectively. Taking note that Portugal is the only one member state of the Convention with whom Ukraine made intergovernmental Deal in the field of getting a job of migrant workers, and also considering readiness of representatives of Turkey and Moldova to coordination of activities with representative of Ukraine to assert joint interests according to the defend of the rights of migrant workers, that equitable to the interests of Ukraine.
Special attention was paid to the results of the last ministerial conference of Council of Europe, which took place in Kyiv in august 2008, and adopted plan of actions and recent recommendations in the field of migration adopted by the Committee of Ministers (CE).
The Consultative Committee had an exchange of views regarding the possible role that the Committee may play not only as a conventional body, but also as a group of experts with a legal expertise on the application on the Convention. The Consultative Committee pointed out that within its monitoring functions it may facilitate the harmonization of the application of the Convention by parties and thus improve the knowledge of the text and its impact on the national regulations.
The Consultative Committee also expressed the view that its large knowledge and legal expertise may be used, on ad hoc basis on issues within its competence, by the European Committee on Migration (CDMG).
The Consultative Committee agreed that the monitoring system needed to be improved. It was in favour of coordinating its cycles with the reporting system foreseen by other instruments, in particular the European Social Charter (articles 18 and 19). It instructed the Secretariat to contact competent bodies of the Charter to see if that co-ordination was possible. In this context the Consultative Committee considered that the monitoring of the application of the Convention, as provided for in its Articles 33, should continue to remain the focus of its activities. The Consultative Committee did not find suitable to refer to consultants to prepare national reports require close co-operation on data collection with the various ministries in parties of the Convention.
The Consultative Committee also agreed that next meeting should give an opportunity to parties to present recent developments regarding the situation of migrant workers, in particular of those that member states wasn’t able to include in the periodic national reports.
After detail exchange of use the Consultative Committee confirmed to proceed to the monitoring of the application of the Convention. According to that the plan on 8-th monitoring cycle was adopted (last 7-th cycle was suspended and in fact interrupted in 1997).According to the plan, during the year, periodical report of the Consultative Committee will be prepare on national report’s base of the Parties of the Convention, that is going to discuss and adopt at the next 15th Meetings, that will take place on September-October 2010.
Consultative Committee expressed wish to consider the state of signature and ratification of the Convention and exchange proposals which may be adopted on propose to promote of interests of the other Members States.
The amendment to Article 10 of the Rules of procedure with regard to ulteration of quorum for the meeting of the Committee from 2\3 all present to simple majority of members of the Committee, offered by the Secretariat CE and submitted for consideration by Head of Committee, provoked heated discussion. In spite of seeming «technical» character of the amendment, in fact it had very important meaning for prospects of further activity of the Committee: in instance of maintaining old norms of qualified majority for quorum, economic developed countries-parties of the Convention which are net importers of manpower (Norway, Sweden, France, the Netherlands) could in further block the work of the Committee (for this it was needed only 4 votes from 11), that automatic make the monitoring of the application of the Convention accordingly to migrant workers from countries non-members EU impossible. It was testimony of real threat that Norway, Sweden and France didn’t send their representatives at the meeting and representative of the Netherlands voted against pointed amendment. However the amendment was accepted by majority votes that was facilitated by support of representatives of the countries of the South Europe ( Spain, Italy, Portugal) which are importer of man power from the East of Europe in the same time they are exporters in the majority of economic develop counties of the Middle and the South of Europe and also as Ukraine take an interest in guarantees of a legal and social defence of their migrant workers. Thus joint efforts of the representatives of the South and the East Europeans countries succeeded to release the further work of the Consultative Committee and resumed system of the monitoring of the application provided its in Article 33 of the Convention by the parties.
Mr.Alan Berlan Pars- head of Department of migration MFA Turkey in his conclusive speech from government of Turkey underlined the important role of the Consultative Committee, as a monitoring body responsible for the application of the Convention.
Resumption of work of the Consultative Committee, after long-term interval, and adopted resolutions in the course of 14th meeting are responsible for national interests of Ukraine and allow to strengthen intergovernmental monitoring mechanisms of a legal and social defence of Ukrainian migrant workers in the members state of the Convention.