REFUGEES AND MIGRANTS: THE CZECH POLICY

FECL 16 (June 1993)

The following is a discussion with Milos Mrkvica, head of the Migration Department, Czech Ministry of the Interior, Prague, 21 May 1993 as reported by Eugene Sensenig.

Milos Mrkvica's report to the HCA delegation centered centered around three topics, all now occupying the headlines of the Central European press, i.e. the fate of the mainly Moslem refugees from the republic of Bosnia and Herzogovina (B&H); the effects germany's new refugees and immigration policies will have and are already having on its neighbours; and finally, the fate of the Vietnamese contract workers who were recruited to the GDR, Czechoslovakia and Hungary under the former regimes and are now threatened with expulsion by the new reform governments.

Vietnamese Contract Workers

The policy of the Czech Republic towards the Vietnamese contract workers varies from that of the united germanies. Whereas the german federal authorities have been pressured by a wide range of solidaity organisations to allow a large percentage of the GDR's former contract workers remaining in the country to stay on and work indefinitely, the Czech federal authorities have choosen a different route.

In Czechia, the Vietnamese are permitted to work the full five years guaranteed by their contracts. As these contracts run out, the contract workers are to be turned over to the federal authorities by their private employers and returned home at the expense of the Czech Ministry of Labour and Social Affairs. Many Vietnamese have gone underground as their contracts neared an end or enroute from their previous place of work to Prague. If they are caught they are forcably deported. many have gotten as far as Holland before running into the local authorities. In one case mentioned by a HCA delegate, the Dutch rounded up a group of ca. 200 Vietnamese from Czechia working illegally in Holland. The Czech authorities refused to take the group back. They were able to remain in the netherlands and formalise their status within the EC.

Milos Mrkvica emphasised that the Czech Republic did foresee one possibility for Vietnamese to legalise their status and remain in the country indefinitely. Those who wished to stay on had to file for permanent residency before their contracts ran out. Permanent resident staus had been given mainly to Vietnamese who had married Czech nationals.

Refugees from the Republic of Bosnia and Herzogovina

At the moment, 2'400 refugees from former Yugoslavia are living legally within the Czech Republic. One third of them have found lodging in private households. Their status is coverde by the Refugee Acts of 1990 and 1992. As of present, former Yugoslavs, not citizens of B&H, are no longer given refugee status.

The difficulties of the B&H refugees are, according to Mrkvica, mainly cultural. A B&H refugee member of the delegation pointed out that the families at the various Czech centres are not allowed to carry out Moslem services and religious education within the camps. An iman had also been harrassed by the authorities. The only possibility of carrying out Moslem funerals within Czechia was in Brno and the refugee administrationwould not pay for the added costs of such burials.

Cascade Agreements - German Refugee Policy and its Effects on its Neighbouring Countries

The Czech republic is heading towards a "Polish solution" to its relations to Germany, according to Milos Mrkvica. in order to take back refugees and illegal immigrants Czechia must, however set up "cascade agreements" with its neighbours to the east and the south. According to the logic of such agreements, unwanted aliens received from germany could then be "cascaded" onward through Slovakia to their countries of origin.

In 1992 27'000 people were apprehended trying to illegally cross the Czech-german border. In the first four months of 1993 alone, over 20'000 have already been caught and turned back. Czechia is now bargaining with bothe Germany and Slovakia in order to reach an agreement according to which all aliens, irrespective of their nationality and travel route, will be sent via Czechia and Slovakia back to their country of origin. At the moment Germany is not willing to supply financing for this project at the level considered necessary by the Czech authorities. The cornerstone of the "cascading policy" are the "Agreements of Re-admission" signed since 1992. Such an agreementwent into effect with Austria on November 1, 1992, will go into effect with Slovakia on November 1, 1993, and was signed with Poland the beginning of May, 1993.

Czechia is now in the process of undoing theliberal immigration policies introduced by the Czechoslovak governemnt following the "Velvet Revolution". In 1990 the CSSR introduced visa-free entry on a reciprocal basis with a large number states. Theundoing of this policy must be co-ordinated closely with Slovakia due to the long and largely unguarded common border. Unwanted aliens returned from the west and who are not nationals of ex-Yugoslavia are required to leave the country within 48 hours. Those who refuse and are caught are deported to Slovakia. Many, however, return and attempt anew to enter Germany ilegally.

The "Visogad Three Process", initiated after the "revolutions" in the central European states of Poland, Czechoslovakia and Hungary in 1989, never got off the ground, according to Milos Mekvica. According to the Visograd (check spelling) process, the three countries separating eastern Europe from the west were to develop independent policies in a variety of areas, including refugee and immigration policy. Whereas the respective middle-range authorities in the three (and now four) countrie have at all times been willing and able to reach agreement between themselves, the heads of state and individual cabinet officials, especially in Hungary, have not. Mrkvica now hopes to center Czech policy in the immigration and refugees areas around the Council of Europe because this setup includes all European countries involved. The EC has demonstrated that it is often not aware of the needs of the transit countries and countries of origin.

In general, this discussion made quite clear to this author that the spirit of the "Velvet Revolution" was dead. As soon as the Czech republic was faced with the nuts and bolts of western European migration and refugee policy, it caved in. Czechia, it seems, will play a similar role in relation to Germany and the EC as a whole, as Austria and Poland now do. As Mrkvica stated: "the Czech republic is heading towards a 'Polish solution' ". Hopefully it will not turn out to be a final one.

Contact: Eugene Sensenig, Research Group Boltzmann Institute/Steinocher-Foundation, Auerspergstrasse 42, A-5020 Salzburg, Tel: +43/662 881145 or +43/662 823651, Fax: +43/662 8709019.