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The role of visa regimes today
In simple terms, the main role of visa regimes since their initial introduction
has been to prevent the entrance of unwelcome individuals into the countries
introducing the regimes, as well as to protect a country from excessive immigration.
In the age of bloc divisions the dominant role of visas was to prevent the
spreading of opposing ideologies as well as the wider circulation of population,
which would eventually lead to the break up of bloc barriers. The term 'the
iron curtain' as a synonym for the hermetically closed borders between the
two blocs that existed is the remnant of that period.
This role of visa regimes lost its significance after the fall of the Berlin
wall and the collapse of the Socialist bloc, but acquired new dimensions in
view of the current problems in the world. One of those dimensions was created
with the beginning of the war between the states of the former Yugoslavia,
when the majority of European and other countries introduced visas for the
nationals of former Yugoslavia to prevent the incontrollable arrival of refugees.
Later, visas were introduced for the nationals of the Federal Republic of
Yugoslavia, as a segment of the sanctions the international community imposed
against the Federal Republic of Yugoslavia. Although the war ended more than
six years ago with the signing of the Dayton agreement and although it has
been more than a year since the beginning of the democratic changes in Yugoslavia
most of these measures are still effective.
The other dimension of the existing visa regimes is the prevention of the
contemporary evils in form of drug smuggling and trade in human beings.
The latest and ever more significant dimension of visa regimes which threatens
to affect the relations between the USA and EU states emerged on September
11, 2001 after the terrorist attacks on the buildings of the World Trade Center
in New York and Pentagon in Washington.
Problems of the current visa regimes
Schengen
visa regime
Schengen visa regime is the core of the visa regime in Europe. It was created
in 1990 and was based on the previous agreement dating from 1985 between the
countries of Benelux (Belgium, the Netherlands and Luxembourg), Germany and
France. Apart from the EU states, some other countries are granted benefits
of this agreement by means of special agreements signed with the Schengen
member states. The countries included in this agreement are: Belgium, Germany,
Greece, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Portugal,
Sweden, Great Britain, Norway, Iceland, Liechtenstein and Ireland. This is
not a classical non-visa regime which exists between some countries (e.g.
between the Federal Republic of Yugoslavia and Romania) but rather an agreement
between competent ministries (interior and foreign among other) whose aim
is to prevent the spreading of crime and the protection of countries included
in the Schengen agreement. It represented the beginning of the transformation
of Europe from an economic integration into a region without tight state borders
and with single economic, monetary and security systems.
The Council of EU adopted on March 15, 2001 the list of countries whose nationals
must be in possession of visas when entering Schengen states (Annex I) and
the list of those which are (or will be) exempt by means of special agreements
(Annex II).
The European countries included in Annex I are: Albania, Byelorussia, Bosnia-Herzegovina,
the Federal Republic of Yugoslavia, Macedonia, Moldavia, Russia and Ukraine.
The European countries included in Annex II are: Bulgaria, Croatia, Cyprus,
Czech Republic, Estonia, Hungary, Malta, Monaco, Latvia, Lithuania, Poland,
Romania, Slovakia, Slovenia and Switzerland
Central
European countries
Hungary, Czech Republic, Slovakia and Poland are Central European countries
which are not Schengen states but are on the list of states included in Annex
II of the decision of EU Council on visas towards third countries, as shown
above. That means that they are on the beneficiary list, which is understandable
since they are regarded as countries that are most likely to be accepted in
the European Union.
Each of those countries has visa regimes towards the following countries,
respectively:
Hungary towards: Bosnia-Herzegovina, Albania, Macedonia, Moldavia, Byelorussia
and Ukraine.
The Czech Republic towards: Yugoslavia, Macedonia, Bosnia-Herzegovina, Albania,
Bulgaria, Romania, Byelorussia and Ukraine.
Slovakia towards: Albania, Byelorussia, Macedonia, Russia, Yugoslavia (does
not include citizens of Slovakian nationality)
Poland towards: Bosnia-Herzegovina, Yugoslavia, Albania and Turkey.
Slovenia towards: Albania, Moldavia, Yugoslavia. Bosnia-Herzegovina, Macedonia
Ukraine
and Byelorussia
Ukraine introduced visa regimes towards the nationals of all European countries
except for those coming from: Russia, Byelorussia, Moldavia, Bosnia-Herzegovina,
Bulgaria, the Czech Republic, Hungary, Poland, Romania, Slovakia and Yugoslavia.
Byelorussia introduced visa regimes towards the nationals of all European
countries except for those coming from: Russia, Ukraine, Moldavia, Bosnia-Herzegovina,
the Czech Republic, Hungary, Macedonia, Poland, Slovakia and Yugoslavia.
Southeast
Europe
Most of the European countries introduced visa regimes towards the Federal
Republic of Yugoslavia as a segment of sanctions imposed against this country
by the international community. As a corresponding measure the Federal Republic
of Yugoslavia introduced visa regimes towards these countries, with the exemption
of Hungary, Romania, Bulgaria, Macedonia, and Bosnia-Herzegovina. Up to several
months ago there was a problem of discriminatory position of Yugoslav border
authorities towards the nationals of the Federation of B & H. As opposed
to the nationals of Republika Srpska who were allowed to enter the country
with the passport only and without having to pay any fees, the nationals of
the Federation had to be in possession of the passport as well as to pay the
tourist tax. This measure was withdrawn at the and of last year by means of
an agreement signed by the representatives of the two countries.
The Republic of Croatia introduced visa regimes towards the following European
countries: Albania, Byelorussia, Yugoslavia, Moldavia, the Russian Federation,
and Ukraine. This shows that Yugoslavia and Albania are the only two countries
in the region of southeast Europe towards which Croatia introduced visa regimes.
The existence of visa regime between Croatia and Yugoslavia, as well as troubled
relationship which originates from the recent past, represent a burden which
along with the situation in Kosovo and Macedonia makes the situation in the
region even more difficult. Therefore, the region still remains unstable and
has not yet created a proper link with the integrated Europe. The fact that
a significant number of refugees from Croatia currently living in the Federal
Republic of Yugoslavia cannot resolve some of the fundamental status problems,
concerning citizenship, property, and retirement money, to name just a few,
makes the problem of the visa regime even more serious. Many towns in the
border region have been completely cut off from their natural background.
Therefore, the farmers and pupils of villages such as Nestin and Vizic in
Srem have to cross the state border three times, using the roads built when
Yugoslavia was just one country, in order to reach their farms and schools.
In addition, there are not enough border controls intended for the local population
exclusively. Therefore, this remains a burning question for the citizens of
both countries. Despite many meetings of state representatives of these two
countries and initiatives from the Yugoslav side, the readiness to mutually
abolish the visa regime has not yet been shown. Long lines in front of the
Croatian consulate in Belgrade along with the long period of waiting which
is not shorter than a month and the complicated procedure of the process are
some of the problems those applying for visas face.
Macedonia introduced visa regimes towards the following European countries:
Estonia, The Czech Republic, Latvia, Lithuania, Slovakia and Slovenia (none
of these countries is included in the process called Stability Pact for the
South Eastern Europe)
Bosnia-Herzegovina introduced visa regimes towards the following countries:
Albania, Byelorussia, Moldavia, Ukraine, Bulgaria, the Czech Republic, Estonia,
Lithuania, Latvia, Hungary, Romania and Slovakia.
Albania introduced visa regime towards all European countries except for the
countries which are members of the EU and EFTA.
Bulgaria demands visas from the nationals of Albania, Bosnia-Herzegovina and
Moldavia.
Romania introduced visas for the nationals of Bosnia-Herzegovina, Letonia,
Latvia, Estonia (applicants from Estonia do not need an invitation letter),
Albania, Byelorussia and Malta.
Moldavia introduced visa regimes towards all European countries except for
the EU countries.
Particular
problems connected with visa regimes
A specific question that reflects the absurdity of current visa barriers covering
the region and imposed by the united Europe, should be pointed out at the
end of this survey of visa regimes within and between different parts of Europe.
It involves Bosnia-Herzegovina and the discriminatory treatment of one part
of its population by Europe. Generally speaking, the Schengen states and the
majority of other European countries have visa regimes towards Bosnia-Herzegovina,
but the Croatian citizens of Bosnia-Herzegovina, being entitled to a dual
citizenship and a Croatian passport are exempted from these restrictive measures.
In that way, the Serbian and Bosnian citizens of Bosnia-Herzegovina are being
discriminated against solely because of their nationality, which is against
all conventions and principles the united Europe declaratively pleads for.
The example of Bosnia-Herzegovina is one of the strongest arguments in the
appeals for the general abolishment of visas within and towards southeast
European countries.
A particular problem, not connected with typical visa regimes, is the treatment
of the citizens of Kosovo who are denied the entry into some of the countries
that do not recognize the passports issued by UNMIK.
Questions and propositions for the solution of the current situation
From this survey of the current visa regimes in Europe, particularly in the southeast Europe, it can be concluded that:
1.
The most rigid visa regime in the region is the one between Yugoslavia and
Croatia which not only obstructs the normalization process between the countries
and in the region itself, but also slows down the solution of the problems
of refugees. Apart from the tight visa system, the regular flow of people
across the border is hampered by the insufficient number of local border controls.
2. The agreement concluded between Yugoslavia and Bosnia-Herzegovina
on the mutual abolition of visas and establishment of a free trade zone is
a good example of how the problems from the recent past can be overcome.
3. Within the region, the following countries have mutual visa regimes:
Bulgaria towards Albania, Bosnia-Herzegovina and Moldavia, Albania and Moldavia
towards all other countries, Bosnia-Herzegovina towards Albania, Croatia towards
Albania and Moldavia, Yugoslavia towards Croatia, Moldavia and Albania, and
Romania towards Albania and Bosnia-Herzegovina. This shows that the whole
region is covered with a net of visa regimes which hamper normal communication
of population as well as the creation of a single non-visa zone that could
be compatible with the rest of Europe. This situation cannot be justified
with any safety or other reasons so the campaign for the abolition of visas
has its full purpose.
4. Furthermore, tight borders in terms of free movement of persons
also represent an obstacle for the free cross-border movement of goods and
the creation of a free trade zone. This is in opposition with the Memorandum
signed by all countries in the region within the framework of the Stability
Pact for South Eastern Europe accepting the obligation to sign bilateral agreements
and create a free trade zone till the end of 2002.
5. The enlargement of the EU towards the South threatens to lead to
the creation of tight Schengen borders towards the rest of the countries in
the southeast Europe. If that happens, these countries will be pushed into
further isolation. In that case the current problems would not only cease
to be solved with the help of the international community, but they will also
grow, which would have far-reaching consequences on the safety of both the
region and Europe itself.
6. The escalation of terrorism is not a satisfactory explanation for
the tightening of the current visa regimes since the USA with very rigid and
restrictive visa regimes towards the majority of countries in the world, have
failed to protect the country from the terrorists entering its territory.
The most efficient protection from the terrorism would be the democratisation
of the countries it emerged from, as well as bringing to power those regimes
which would be responsible to the international community, better cooperation
between the competent authorities and ministries of all countries, and the
exchange of information on the fight against terrorism.
7. The ultimate goal of this campaign is the complete abolishment of
visas between the countries in the region, as well as all European countries.
This ultimate goal will be reached by a set of smaller practical steps such
as privileges for diplomats, businessmen, students. Another step towards that
goal is the expansion of the already existing initiative for the visa abolishment
during the summer season. Other significant steps would also be those leading
to the privileges for the border region population, as well as a larger number
of local border controls and the simplification of the visa application procedure.
8. If the problem of visa regimes is viewed first from the regional
and then from the European point standpoint, the following question that could
be the key argument in the visa abolishment campaign arises: how can the countries
in the region of southeast Europe expect from the Schengen states and other
European countries to abolish visas towards them if they themselves are not
prepared to do the same towards each other.
Therefore, the main slogan of the forthcoming campaign for the abolishment of visas is: NO visas within the region, NO Euro visas towards the region. Let us treat each other equally so that we can demand to be treated equally by the world .