Kyiv roundtable discusses law on "Ukrainians from abroad" (05/04/03)

Kyiv roundtable discusses law on "Ukrainians from abroad"

by Roman Woronowycz
Kyiv Press Bureau

KYIV - Ukrainians living in the United States or Canada should not expect to receive visa-free entry into Ukraine even if its Parliament passes a law giving diaspora Ukrainians distinctive status as "Ukrainians from abroad," noted National Deputy Ihor Ostash on April 18.

Speaking before a roundtable called to discuss the draft law on the legal rights of Ukrainians living outside the borders of Ukraine, which will soon come up for further debate in the Verkhovna Rada the lawmaker noted that a more realistic goal in the post-9/11 era would be a special document for speedy entry should the bill receive parliamentary approval.

"There have been many comments submitted by the various ministries, especially in the case of the Ministry of Foreign Affairs and the Ministry of Internal Affairs on the matter of a visa-free regime," explained Mr. Ostash. "Much of it urges us to reject visa-free entry into Ukraine for those who would receive special status."

However, he added a bit later that discussions are proceeding to determine whether a special visa could be extended on a concurrent basis to those persons receiving special designation as "Ukrainians from abroad."

The possibility that Ukrainians living in the world diaspora might be able to enter Ukraine minus the standard entry visa had been considered in the early stages of the bill's preparation, but protests from the Ministry of Foreign Affairs and the Customs Department all but killed the idea.

Serhii Nedilko, an aide to National Deputy Yevhen Zhovtiak, who has been instrumental in moving the bill along and who wrote an earlier bill rejected by lawmakers, explained that visa-free status for certain people entering Ukraine could cause problems with other foreigners because international customs standards do not allow for what is called "positive discrimination," which means giving preference to one group over another.

The idea for a law on diaspora status, to codify special legal rights and privileges for Ukrainians who were forced to emigrate for political or economic reasons, came from the second World Forum of Ukrainians in 1997. The intention from the beginning has been to preserve and strengthen the national identity of the Ukrainian diaspora and recognize its special ties to Ukraine by developing a list of special benefits that would help maintain Ukrainian communities abroad and draw them closer to Ukraine.

The law as currently written would allow for simplified, longer-term visas for all who qualify. It would lend further privileges to students from abroad who wish to study here, as well as to businessmen and investors working in Ukraine, but only if they also qualified as "Ukrainians from abroad."

Mr. Ostash said that one issue that has not been adequately tackled is just what the term "Ukrainian from abroad" should mean. He explained that, while some experts believe that any person who so wishes should be able to apply for such status, others offer that specific requirements should be met. The list of special qualifications, which has yet to be defined, might include a demand for mandatory knowledge of the Ukrainian language or a requirement that a mother or father were Ukrainian-born. Some have said it should only mandate proof that a person's grandparent was Ukrainian-born, while still others believe a sufficient requirement to obtain the special status should simply be concrete proof of an honest appreciation for the Ukrainian national and cultural heritage.

Mr. Ostash emphasized that the draft law is first and foremost a political document.

"It is evidence that there are at least 12 million and up to 20 million of us living abroad, and if these people work for Ukraine it will benefit the country," Mr. Ostash explained.

Andrii Chupuk of the State Committee on Emigration described the document as paternal in nature. He said that it should define the relationship between Ukrainians abroad and their historical homeland, and should support the social-cultural development of the diaspora communities and their institutions.

He noted that cultural support is the part accented most often by members of the Eastern diaspora, which consists of the lands in and around the territory of the former Soviet Union, while members of the Western diaspora most often speak of easy access to Ukraine in the form of a less cumbersome visa regime.

National Deputy Ostash added a different perspective when he stated that, while the desire for a paternalistic relationship between Ukraine and its diaspora was a major driving force of the bill, the legislation also was intended to stimulate a desire and smooth the way for the repatriation of Ukrainians.

"Let's not forget that it also includes the development of a program of return of Ukrainians to Ukraine," explained Mr. Ostash.

Mr. Chupuk expressed the need to establish a bureaucratic base from which the various programs could be developed. He suggested that the Ukrainian government needed to create a special agency should the Parliament enact a diaspora law because other Ukrainian ministries were not sufficiently equipped to deal with the matter adequately.

However, Natalia Zarudna, an official at the Ministry of Foreign Affairs, who was the press attaché of the Ukrainian Embassy in Washington several years ago, said there would be no need to develop a special agency to oversee such a system, especially when so little money is available from state coffers. She said that the Foreign Affairs Ministry has adequate structures and contacts in place within the countries where the Ukrainian diaspora is found to fulfill all the functions foreseen within the current draft law.

Ms. Zarudna and Mr. Chupuk were in agreement, however, that it would not be constructive to give diaspora organizations special status in Ukraine without having them registered in the country as national organizations. Ms. Zarudna noted that Hungary had attempted this and had much difficulty in deciding who qualified and who did not, which then led to further divisions and conflicts among its diaspora organizations.

Ms. Zarudna also stated that the Ministry of Foreign Affairs was working on agreements with Russia, Belarus and the countries of Central Asia to simplify the return of Ukrainians living there - many of whom would like to return but do not have the financial means.

"For instance, in Turkmenistan, if you do not know the language today, you cannot remain a teacher," explained Ms. Zarudna. "Many Ukrainians would return to Ukraine but do not have the ability to do so."

A similar problem is tied to those who were deported or exiled to Russia's hinterlands, but would like to return home. Ms. Zarudna said that the Russian government has refused to give them special status.

Another issue that still needs resolution is how to treat Ukrainians living in regions that border Ukraine today, which ethno-historically are considered Ukrainian, such as parts of Slobozhanschyna in the north, Kuban in the southeast, Bukovyna in the southwest and the city of Peremyshl in the west.

Mr. Nedilko, the aide to National Deputy Zhovtiak, said he strongly believes that Ukrainians in these areas must be included in any new law so that Ukraine can keep a special eye on their situation.

"They have no interest in moving. They live on the lands of their forefathers, but those lands are no longer Ukraine's," stated Mr. Nedilko.

Finally, National Deputy Refat Chubarov made a plea for the Tatar people of Crimea to be included in the bill. He asked that the authors add verbiage to extend the special status being offered to ethnic Ukrainians "to those who consider Ukraine the homeland of their ethnic origin."

Mr. Chubarov, a member of the National Rukh of Ukraine Party and himself a Crimean Tatar, explained that Ukraine must take care of the millions of Tatars who were expelled from the Crimea by Stalin in 1945 and now live in Uzbekistan and other Central Asian countries.

National Deputy Ostash said he believes that the Verkhovna Rada could pass the legislation in this session. He said the atmosphere is right because many more national deputies hold "pro Ukrainian" or "neutral" positions on the issue. Last year a similar bill proposed by National Deputy Zhovtiak failed by five votes.

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