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Why Adopt International Norms? Legislators Between Contestation and Submission to International Organisations

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Transferring Asylum Norms to EU Neighbours

Part of the book series: The European Union in International Affairs ((EUIA))

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Abstract

This chapter explains the import of international asylum norms into Ukrainian legislation, analysing domestic legislators’ discourse on asylum and international organisations’ transfer practices. Lawmakers did not construct asylum as a public policy problem. Instead, in adopting asylum norms, politicians showed that they were democratising and Europeanising Ukraine. The EU position strengthened after the Maidan protests in 2014, the war with Russia, and the introduction of EU conditionality related to the abolishment of visas for Ukrainian tourists (2010–2016). EU monitoring shaped the transfer process across scales. To transfer its norms to Ukraine, UNHCR directly lobbied Ukrainian decision makers, influenced the knowledge and positions of the EU, and benefited from EU conditionality.

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Notes

  1. 1.

    Some content from this chapter has been published here (Mützelburg, 2019).

  2. 2.

    Valentyn Mykhaylovych Nedryhaylo (1936–2005) had a career of high positions in the field of internal affairs in the Soviet Union (beginning in 1976) and in the independent Ukraine. He was elected MP (1994–1998), was a member of the committee on legislation and law enforcement and of the committee on foreign affairs. In 2002 he was on the second position of the list of the block “ZUBR” (“for Ukraine, Belarus, and Russia”—an electoral block formed by the political parties “Light from the East” and “Union of Labor” for the parliamentary elections of 2002, in favour of closer ties between Ukraine, Belarus, and Russia) (Official Ukraine Today, n.d.-d).

  3. 3.

    Andriy Ivanovych Bondarchuk (1936–) was a journalist and member of the Communist Party in the USSR. He left the party in 1990 and was elected into the Parliament between 1990 and 1994 for the “Hapoднa Paдa”, the “People’s Council”, a parliamentary opposition block, opposing the conservative-communist majority (Verkhovna Rada of Ukraine, 2004b).

  4. 4.

    Mykhaylo Vasylovych Kosiv (1934–), a philologist and historian, worked as a teacher in the USSR and was arrested and detained for anti-Soviet agitation and propaganda. He participated in illegal dissident cultural activities and promoted the revival of the Greek-Catholic Church in Western Ukraine. He joined “Rukh” (People’s Movement of Ukraine) as early as 1989 and remained in the centre-right party until 2002, when he joined the liberal, centre-right party “Peфopми i пopядoк” (Reforms and Order) participating in the block of Yuliya Timoshenko (Official Ukraine Today, n.d.-c) (Ovsiyenko & Kharkiv Human Rights Group, 2013).

  5. 5.

    Albert Vasylovych Kornyeyev (1937–) was a member of the Communist Party until 1991 and worked as a lawyer and at universities in the USSR. He was elected MP in 1990 for one term. In the 1990s he worked at the Secretariat of the Parliament, at the Presidential Administration, as a consultant of the President of Ukraine, at the Constitutional Commission, and at the Constitutional Court of Ukraine (Official Ukraine Today, n.d.-b).

  6. 6.

    Stefan Vasylovych Batyushko (1949–) was a member of the Communist Party and worked for the military in the USSR. He was a member of the Verkhovna Rada between 1990 and 1994. In 1994 he worked for the ministry of defence. He later supported President Yushchenko (Verkhovna Rada of Ukraine, 2004a).

  7. 7.

    Hennadiy Yosypovych Udovenko (1931–2013) entered diplomatic service at the Department of International Economic organisations of the Ministry of Foreign Affairs of the UkrSSR in 1959. He repeatedly worked for the United Nations (including in Geneva and in New York) and as Ambassador and Minister of Foreign Affairs of Ukraine. 1998–2007 he was MP and chairman of the Parliamentary Committee on Human Rights, National Minorities and Interethnic Relations. He was a member of the centre-right party “People’s Movement of Ukraine” (“Hapoдний Pyx Укpaїни”), and then joined “Our Ukraine” Bloc (Блoк Haшa Укpaїнa), associated with Victor Yushchenko (Smolij & Boriak, 2013, pp. 209–210).

  8. 8.

    Vitaliy Iakovych Shybko (1948–2021) worked both at university and at higher positions of committees of the city of Dnipropetrovsk during the USSR. 1995–1997 he worked as an advisor to the President of Ukraine on Science and Education and as a Ukrainian diplomat in Lebanon. He joined the Socialist Party of Ukraine in 1991 and was an MP between 1994 and 1998 and between 2002 and 2007, chairman of the Committee on Foreign Affairs (Verkhovna Rada of Ukraine, 2012).

  9. 9.

    Iuriy Vasylovych Hnatkevych (1940–) was sentenced in 1958 for anti-Soviet agitation and afterwards worked as a worker at a brick factory. Later he studied foreign languages, worked as a teacher and then as head of a German language department at a university. He began his political career with the People’s Council and was an MP from 1990 to 1994. He was a member of the Central Council of the People’s Self-government Platform “Sobor” (1999–2005), which in 2002 became part of the Yulia Timoshenko Electoral Block. From 2006 to 2012, Hnatkevych was MP for the party “Batkivshchyna”, head of the Subcommittee on Victims of Political Repressions, Ethnic Policy, Prevention of National Conflicts, Refugees, Migration and Relations with Ukrainians Living Abroad and of the Committee on Human Rights, National Minorities and International Relations (Official Ukraine Today, n.d.-a; Verkhovna Rada of Ukraine, n.d.).

  10. 10.

    Iryna Volodymyrivna Herashchenko (1971–) studied journalism in the newly independent Ukraine. After working as a journalist, she worked as a presidential press secretary for Victor Yushchenko and became president of the Ukrainian information agency UNIAN. She was an MP since 2007, consecutively for Our Ukraine—People’s Self-Defense Bloc, for the Ukrainian Democratic Alliance for Reform of Vitalij Klitshko, for the Petro Poroshenko Bloc (head of the Committee on issues of European integration), and finally for European Solidarity (Herashchenko Iryna Volodymyrivna, n.d.; Official Ukraine Today, 2016).

  11. 11.

    Annual bilateral summit meetings between the President of Ukraine and the EU Presidency, the President of the Commission, and the EU’s High Representative. Below this level were annual Cooperation Councils, namely the Association Council, where the Prime Minister of Ukraine and members of the Government met with the High Representative for Foreign Affairs and Security Policy and members of the Council of the EU and of the European Commission.

  12. 12.

    Namely the Association Committee where Ukrainian deputy ministers and heads of departments met with the Managing Director for Europe and Central Asia of the EEAS, heads of departments of EU institutions such as of the EEAS and the European Commission, and the head of the Ukraine Support Group; but also the slightly lower-level thematic Subcommittees such as “Justice, Freedom, and Security” at expert level where Ukrainian deputy ministers, heads of departments, and deputy heads of units met officials from the EEAS, the European Commission, and the EU Delegation.

  13. 13.

    Between 2011 and the end of 2015, the Commission produced six VLAP progress reports which indicated a list of measures, which the Ukrainian state should undertake.

  14. 14.

    The Mission of Ukraine to the European Union was a mediator in this communication. On the one hand, the Mission of Ukraine transmitted information about reforms from Ukraine, namely the Ministry for Foreign Affairs, to the EU, mostly the Commission. On the other hand, it transmitted the European Commission’s expectations to Ukrainian ministries (Interview, representative of the Mission of Ukraine to the EU, 2015). Several representatives of DG Home of the European Commission referred to the requests from the Ukrainian side for clarification of EU demands and advice concerning reforms. During monitoring missions and everyday communication, Ukrainian officials enquired how to implement a reform so that it would conform to EU expectations (Interview, representative of the European Commission, DG Home, 2015).

  15. 15.

    I discuss the end of EU conditionality more in detail here (Mützelburg, 2019).

  16. 16.

    However, in April 2020, MPs submitted a draft law on Granting Protection to Foreigners and Stateless Persons (n°3387), which as of July 2021 had not been adopted. Minor legislative changes concerned the material support provided to asylum seekers and refugees staying at temporary accommodation centres (Пpo Зaтвepджeння Bимoг Дo Maтepiaльнo-Пoбyтoвoгo Зaбeзпeчeння Бiжeнцiв Ta Ociб, Якi Пoтpeбyють Дoдaткoвoгo Зaxиcтy, Щo Пpoживaють y Пyнктax Tимчacoвoгo Poзмiщeння Бiжeнцiв (Order on the Approval of Requirements for the Material Supply of Refugees and Persons in Need of Additional Protection Residing at Temporary Refugee Accommodation Centres), 2016; Пpo зaтвepджeння Пoлoжeння пpo пyнкти тимчacoвoгo poзмiщeння бiжeнцiв (Order on the approval of the regulations on temporary accommodation centres for refugees), 2018).

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  1. Centre for East European and International Studies, Berlin, Germany

    Irina Mützelburg

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  1. Irina Mützelburg
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Correspondence to Irina Mützelburg .

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Mützelburg, I. (2022). Why Adopt International Norms? Legislators Between Contestation and Submission to International Organisations. In: Transferring Asylum Norms to EU Neighbours. The European Union in International Affairs. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-031-04528-8_4

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