Pravova derzhava. <span>Scientific articles yearbook</span>

“Pravova derzhava”. Issue 36 (2025), pages 805–814.

DOI: 10.33663/0869-2491-2025-36-805-814

Kardash Olena
Migration in the context of the OSCE human dimension

Introduction. Migration has long been a determining factor in human history. Significant increases in the number of conflicts and human rights violations, as well as various economic, social and ecological factors and crises, have led to millions of people being forced to flee their homes over the past decade. Against this background, international co-operation in the field of migration, for example, between the governments with the UNHCR, the IOM, and other international organizations, including the OSCE, is unprecedently important for the development of joint solutions and approaches to the management of migration processes, as well as for the formation of the unified migration policy. 

Thus, the article aims to conduct a comprehensive analysis of the OSCE commitments around migration.

Results. During the first decade of the CSCE’s activities, migration was considered exclusively through the lenses of labour migration, which was a problem to be solved by the states of origin and states of destination of migrants based on the principles defined in the CSCE/OSCE documents. Later, migration was recognized as a component of human dimension. At present, issues related to migration can be raised within the framework of the Moscow and Vienna human dimension mechanisms. Regarding forced migration, participating States have committed to respecting the right of refugees to return to their states of origin, as well as to facilitate their harmonious re-integration. 

Conclusions. In the OSCE region, discussions concerning migration-related issues occupy a prominent place. The OSCE participating States consider migration not only as a matter falling within the human dimension but also as one that equally relates to other OSCE dimensions, such as the politico-military and the economic and environmental. Currently, the problem of illegal migration and human trafficking is particularly acute. OSCE ODIHR is actively working to improve the mechanisms for combating human trafficking, closely co-operating with participating States, including Ukraine. As part of the projects initiated by the OSCE Secretariat Extra-budgetary Support Programme for Ukraine launched in 2022, considerable attention is directed towards combating human trafficking in the circumstances of war or state of emergency.

Key words: Organization for Security and Co-operation in Europe, OSCE, Conference on Security and Co-operation in Europe, CSCE, human dimension, human rights, Helsinki Final Act 1975, freedom of movement, rights of refugees and displaced persons, migrant workers

References 

1. UNHCR Report Emergency Preparedness and Response in 2023. 2024. P. 3. URL: file:///C:/Users/Kardash/Downloads/Report%20Emergency%20Preparedness%20and%20Response%20in%202023.pdf

2. OSCE Human Dimension Commitments. Volume 1. Thematic Compilation. Fourth Edition. OSCE ODIHR. 2022. P. 11. URL: https://www.osce.org/files/f/documents/8/4/542154_0.pdf

3. Organization for Security and Co-operation in Europe. ODIHR and Migration and Freedom of Movement. 2013. URL: https://www.osce.org/files/f/documents/0/3/109402.pdf

4. The Universal Declaration of Human Rights. 1948. URL: https://www.un.org/en/about-us/universal-declaration-of-human-rights

5. The International Covenant on Civil and Political Rights (ICCPR). 1966. URL: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights

6. Stefanchuk M. O. Problemy ta perspektyvy adapttsii zakonodavstva Ukrainy do zakonodavstva EU u sferi obmezhennia prava fizychnoi osoby na svobodu peresuvannia. Elektronnyi yaukovyi zhurnal. 2007. Vypusk 4. P. 49–52.

7. Organization for Security and Co-operation in Europe. Helsinki Final Act. 1975. URL: https://www.osce.org/files/f/documents/5/c/39501.pdf

8. Organization for Security and Co-operation in Europe. Concluding Document of the Madrid Meeting 1980 of representatives of the participating States of the Conference on Security and Co-operation in Europe, Madrid. 1983. URL: https://www.osce.org/files/f/documents/9/d/40871.pdf

9. Organization for Security and Co-operation in Europe. Concluding Document of the Third Follow-up Meeting, Vienna. 1989. URL: https://www.osce.org/files/f/documents/9/1/40885.pdf

10. Protsenko I. M. Prava inozemtsiv yak skladova «liudskoho vymiru» OBSYE. Pravova Derzhava. Kyiv: In-t derzhavy i prava omeni V. M. Koretskoho NAN Ukrainy, 2019. Vypusk 30. S. 402.

11. Organization for Security and Co-operation in Europe. Document of the Moscow Meeting of the Conference on the Human Dimension of the CSCE, Moscow. 1991. URL: https://www.osce.org/files/f/documents/2/3/14310.pdf

12. Organization for Security and Co-operation in Europe. Lisbon Document, Lisbon. 1996. URL: https://www.osce.org/files/f/documents/1/0/39539.pdf

13. Organization for Security and Co-operation in Europe. Charter for European Security. Istanbul Document, Istanbul. 1996. URL: https://www.osce.org/files/f/documents/4/2/17502.pdf

14. Organization for Security and Co-operation in Europe. Final Document of the Eleventh Meeting of the OSCE Ministerial Council, Maastricht. 2003. URL: https://www.osce.org/files/f/documents/a/0/40533.pdf

15. Organization for Security and Co-operation in Europe. Final Document of the Seventeenth Meeting of the OSCE Ministerial Council, Athens. 2009. URL: https://www.osce.org/files/f/documents/b/5/67621.pdf

16. Organization for Security and Co-operation in Europe. Final Document of the Twenty-third Meeting of the OSCE Ministerial Council, Hamburg. 2016. URL: https://www.osce.org/files/f/documents/f/d/307311.pdf

17. Organization for Security and Co-operation in Europe. Final Document of the Twenty-ninth Meeting of the OSCE Ministerial Council, Lodz. 2022. URL: https://www.osce.org/files/f/documents/9/5/541326_1.pdf

18. Organization for Security and Co-operation in Europe. ODIHR Conference. Migration, Human Rights and Inclusion: Assessing the Role of Civil Society in the OSCE Region. 2022. URL: https://www.osce.org/files/f/documents/1/b/528063.pdf

19. OBSYE ta Mizhnarodna organizatsia z migratzii dopomagayut ukrainskim posadovtsiam ta ekspertam pokrashchyty praktychni navychky roboty z vypadkamy torhivli liudmy. 18.10.2023. URL: https://www.osce.org/uk/support-programme-for-ukraine/555519

20. Organization for Security and Co-operation in Europe. Parliamentary Assembly. 2024 Annual session final report, Bucharest. 2024. URL: https://www.oscepa.org/ru/dokumenty/annual-sessions/2024-bucharest/reports-and-speeches-10/5066-2024-annual-session-final-report/file