UKRAINE: MIGRATION AUTHORITY TRANSFERRED TO MOI

C O N F I D E N T I A L KYIV 001256

SIPDIS

E.O. 12958: DECL: 03/24/2016
TAGS: PHUM PGOV UP
SUBJECT: UKRAINE: MIGRATION AUTHORITY TRANSFERRED TO MOI

REF: KYIV 924

Classified By: Acting PolCons Robert Scott for reasons 1.4 (b) and (d).


1. (C) Summary: On June 18, the Cabinet of Ministers issued
a decree transferring authority on asylum issues from the
State Committee on Nationalities and Religion (SCNR) to the
Ministry of Interior (MOI). UNHCR Kyiv, which has taken a
neutral position on the change, told us that although the MOI
lacks expertise and may have difficulty recruiting migration
experts from the SCNR, it has significantly more resources
and a better organizational structure to handle migration
matters. UNHCR was not aware of facts surrounding recent
allegations of corruption at the SCNR, but noted the speedy
granting of refugee status to a Russian criminal figure in
June stood in stark contrast to the long wait most asylum
seekers face.


2. (C) Comment: Ukraine's migration system has lacked a
clear single authority to address asylum issues for more than
two years, which has left most asylum seekers facing long
delays and low acceptance rates. The shift to MOI could
potentially streamline asylum processing, but we agree with
UNHCR that asylum seekers will likely see no improvements in
the coming months, and may even face more delays, while the
MOI establishes its migration department. End Summary and
Comment.

Decree Transfers Authority to MOI
--------------


3. (U) On June 18, the Cabinet of Ministers issued a decree
transferring authority on asylum issues from the State
Committee on Nationalities and Religion to the Ministry of
Interior. The decree specifically designated the MOI as the
authority on migration issues per Ukrainian legislation and
coordinator of government agencies for implementation of
state migration policy. The former State Department for
Citizenship, Immigration, and Registration (OVIR) was renamed
the State Department of Migration Services, and will take
over direct control of asylum issues at the MOI. The decree
also transferred authority of all temporary accommodation
centers (TACs) for refugees to the MOI and handed over
responsibility for migration services in Crimea, Kyiv,
Sevastopol, and regional migration services to the State
Department of Migration Services. The decree directed the
SCNR to propose legislative amendments for the transfer of
its migration functions to the Cabinet of Ministers by
September 1, 2008.

UNHCR Sees Pros and Cons, Long Waits for Refugees
-------------- --------------


4. (C) UNHCR Kyiv Protection Officer Kate Pooler told Emboff
on June 25 that the move had been under consideration for
several months and that the SCNR had asked UNHCR Kyiv to
support its efforts to maintain control over migration
issues, but that the UNHCR had demurred. The SCNR told her,
as recently as June 16, that it expected to maintain control
over migration policy and she was surprised by the timing of
the June 18 decree. She outlined the pros and cons of the
move, noting that in the short term little will likely change
for asylum seekers. She added that the transition period
could prove to be difficult for asylum seekers, who
potentially face a period of limbo in case processing while
the required legislative amendments are approved by the Rada,
and while the MOI stands up its migration department.


5. (C) On the positive side, Pooler noted that MOI has a
better organizational structure and more resources than the
SCNR. She hoped that it could put its training academy,
public affairs department, and experience with readmission
issues to good use in handling its new responsibilities. On
the negative side, she said that the MOI is permeated with a
police mentality, a source of concern to human rights
observers, and that it lacks experts in asylum/refugee
issues. Although the MOI expressed intentions to hire
migration experts from the SCNR, Pooler doubted that many of
them, either in Kyiv or the regions, would want to work for
the MOI.


6. (C) Pooler observed that the timing of the decree
coincided with the SCNR's recently appointed head, Oleksandr
Sagan, coming under scrutiny because of allegations of
corruption. Although she said that UNHCR had no knowledge of
the facts surrounding allegations posted on an investigative
website, claiming that Sagan accepted a $2.5 million bribe to
grant refugee status to Rovshan Janiev, a Russian national
with an alleged criminal past, she noted that the apparent
ease and speed with which Janiev received refugee status
stood in stark contrast to the long wait most asylum seekers
face. Sagan has publicly denied these allegations and other
recent media reports that he was involved in smuggling goods
from Poland labeled by the SCNR as humanitarian assistance,
but which on closer inspection allegedly turned out to be
high-end fashion items and consumer goods.


7. (U) Visit Embassy Kyiv's classified website:
www.state.sgov.gov/p/eur/kiev.
TAYLOR