work, to enroll in a school or an institution of higher
throughout 2004 with the officials of the Ukrainian In-
learning, or even the right to get married. Such restric-
terior Ministry responsible for registration of place of
tions clearly violate a host of domestic – in the coun-
residence on issues related to the practical implemen-
tries where the propiska system is still used – and inter-
tation to the new law.
national laws. It contravenes the fundamental rights to
freedom of movement and choice of place of resi-
In Belarus, the ODIHR has been working the past two
dence, which are enshrined as OSCE commitments.
years with the Interior Ministry and the National LawDrafting Centre under the President (NLDC) to develop
While, in most countries, the emergence of a market
the legal and conceptual bases for the establishment of
economy and private sector has rendered obsolete rig-
a centralized population register and to move towards
orous planning of the labour market – a putative rea-
a population-registration system that does not prevent
son for the propiska system – laws regarding violations
people from moving freely within their own country. In
of the propiska system remain in effect in numerous
2004, the ODIHR continued introducing officials in-
countries of the former Soviet Union. The use of this
volved in the reform process to the experiences of
system has also been perpetuated by the absence of an
other countries of the region – Moldova, Armenia, and
alternative system of civil registration that could be
Lithuania – through training visits and focused work-
used for public-policy purposes, e.g., social insurance,
shops. Once the NLDC drafted a law on population reg-
providing education or other services, or compiling vot-
istration, the ODIHR organized a seminar for represen-
ers’ lists.
tatives of relevant government agencies to discuss the
draft law and to summarize the results of the second
year of the project.
In 2004, the ODIHR continued its work on overcoming
the legacy of restrictions on internal movements in
Ukraine and Belarus.
Combating discrimination against the most-vulneraIn Ukraine, the ODIHR has been involved in the reform
ble groups of migrants
process since 2000, organizing technical workshops and
training visits for government officials to countries
The Migration Unit’s work on developing legislation on
where reform efforts had already progressed much fur-
migration and civil registration also contributes to the
ther. At the end of 2003, the Ukrainian parliament
ODIHR's work on non-discrimination, particularly as
passed a law on freedom of movement and free choice
this relates to IDPs. Because of internal restrictions on
of place of residence, which calls for replacing the
freedom of movement in a number of countries, indi-
propiska system with a system of individual registration
viduals who move without state permission are denied
that would guarantee Ukrainian citizens and foreign-
a number of fundamental rights, including the right to
ers with legal status in Ukraine freedom of movement
vote, as well as a range of social and economic rights.
and free choice of place of residence. Despite some
Particularly hard hit by these restrictions are those who
gaps and drawbacks identified (for example, the law
moved involuntarily, i.e., IDPs, who, unlike refugees
requires citizens to certify their deregistration in one
who cross internationally recognized borders, are not
place before registering in another place), the law es-
granted international protection. In addition to physi-
tablishes the conditions necessary for the creation of a
cal insecurity, IDPs suffer a range of other hardships,
new registration system. The successful implementa-
such as separation from family members, limited em-
tion of the law will depend, however, on enforcement
ployment opportunities, disruption of education and
procedures, by-laws, and the goodwill of all participat-
schooling, and the severance of cultural and social ties.
ing institutions and individuals. The ODIHR worked
While recent years have witnessed a decrease in the
42
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