Democratization: Migration/Freedom of Movement
“The participating States will remove all legal and other
restrictions with respect to travel within their territories
for their own nationals and foreigners, and with respect to
residence for those entitled to permanent residence, except
those restrictions which may be necessary and officially
declared for military, safety, ecological or other legitimate
government interests, in accordance with their national
laws, consistent with CSCE commitments and international
human rights obligations. The participating States
undertake to keep such restrictions to a minimum.”
— Document of the Moscow Meeting of the Conference of the
Human Dimension of the CSCE, 1991
market economy. Proof of regional residence
was used for privatization programmes and in
some states it was used in making decisions on
citizenship or the granting of residency permits. But now, in addition to contravening fundamental human rights, the remaining application of the propiska system constitutes a barrier
for the development of labour markets and market economies.
While some countries of the former Soviet
Union have been undertaking reforms of the
propiska system with varying degrees of success, it remains in force or has changed only
in name in others. This lack of progress on its
removal stems, in part, from a lack of knowledge about alternative registration systems that
do not restrict freedom of movement, as well as
from the lack of an understanding of the value
of modern civil registration systems for publicpolicy purposes, such as social insurance, providing education or other services, or compiling
voter registers.
The ODIHR has provided assistance in developing a conceptual and legal basis for the reform
of population registration, and offers expertise
in drafting new laws and regulations. In 2005,
the ODIHR continued its work in this area in
Belarus and Moldova.
In Belarus, after a new concept for a draft law
on population registration had been elaborated,
the ODIHR organized a seminar for represent-
42
atives of relevant government agencies to discuss the concept. Later, the ODIHR organized
training visits for Belarusian government officials to Latvia, Estonia, and Sweden in order to
study technical, legal, and conceptual aspects
of the population registration systems in those
countries. After the study visits, the concept was
amended, improved, and discussed at a seminar
organized by the ODIHR.
In Moldova, the ODIHR organized training visits for Moldovan government officials to
Latvia, Estonia, and Finland to learn about the
system of registration of permanent residents
and foreigners in those countries. The ODIHR
also provided an expert opinion on Moldova’s
new draft law on the protection of personal
data.
The ODIHR also organized a number of conferences, seminars, and technical workshops to
disseminate alternative concepts and to discuss
draft laws on reforming population registration
that resulted in new laws on internal migration,
freedom of movement, and choice of place of
residence.
The ODIHR conference “Exchange of Experience on Reform of Population Registration
Systems”, held in Kyrgyzstan in July, brought
together policy-makers and experts from CIS
countries and the Baltic states. It was the first
event of its kind devoted to population registration issues, and it served as a forum for presenting new ideas and showcasing achievements in
reforming population registration systems and
creating population data management systems.
Participants agreed that there is a need to create stable, efficient, and transparent population registration systems, independent of political priorities, and recognized the importance
of improving national legislation on registration issues, focusing on real, not formal, places
of residence.
Promoting the development of integration
policies
In addition to ordinary citizens, propiska-related
restrictions on freedom of movement affect all
categories of migrants and are an obstacle to
ANNUAL REPORT 2005
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