Kateryna Tryfonenko

On June 20th the European Commission against Racism and Intolerance (ECRI) published an annual report with positive feedback towards the European countries’ efforts in Ukrainian people protection. However, it encouraged them to provide proper protection and support to all seekers of refuge regardless of their ethnicity. Are Ukrainian refugees really more desirable in the EU than emigrants from other countries? Does the attitude towards Ukrainians change? Will they send Ukrainian men of conscription age home, and why, despite the scale of migration, they don’t consider the Ukrainian migrants a problem in the EU? Sestry asked a historian, lawyer and migration specialist about it

‍The EU never called it a crisis

From the perspective of EU residents, the situation that arose after the start of the full-scale war had an entirely different dimension compared to the migration crisis of 2015, as it did not concern African or Middle Eastern countries, but rather close neighbours, citizens of a country that had the status of an EU-associated country and openly declared its intentions to integrate into the European Union, explains Polish historian and political scientist Łukasz Adamski. Two main factors, from his words, were strong sympathy from Europeans, and Poles in particular, and the desire to help:
‍
- Something similar might have happened in the 1990s after the wars in the Balkans.

The first factor - is that this crisis came from Europe to Europe, the cultural similarity has become very important. The second factor - the lack of purely geographical barriers

Many Ukrainians went to Poland, Slovakia, Hungary - these countries have shared borders with Ukraine. When discussing past migration crises, there has always been a physical barrier - the Mediterranean Sea. And Turkey - a kind of buffer zone, a NATO country that separated Europe from lands where war was waging and where refugees were coming from.

When Ukrainians arrived in EU countries in large numbers at the beginning of the war, none of them called it a crisis. Similarly, such a definition has never been heard in the broader circles of the European Union, notes Başak Yavçan, head of research at the Migration Policy Group in Brussels.

- There can be many reasons for this. Political - EU’s active engagement in the conflict due to the Russian threat, social - acceptance of Ukrainian refugees’ cultural similarity, and also organisational - immediate growth of capacities and solidarity networks for better settlement of the refugees after arrival. And we see that crisis discourse only really appears when there is a management crisis.

Additionally, the reaction of countries that accepted Ukrainians showed what the EU is capable of when it is willing to do something. This has also affected the advancement of integration policies of the recipient countries, especially in Central and Eastern Europe. Even though these countries have been accepting refugees very reluctantly in the past, they turned out to be quite hospitable towards refugees from Ukraine. This deserves praise but obviously leaves a lot to be desired. If such policies only apply to certain groups of people, they conflict with the equality principles and create double standards towards other groups.

Fascination with Ukrainians that is slowly fading

Immediately after the Russian invasion of Ukraine in February 2022, the European Commission provided Ukrainians with temporary protection - a unique legal mechanism that gives Ukrainians the rights to residence and employment, social services and freedom of travel within the EU. The Europeans have opened this mechanism for the first time for Ukrainians, and it was a very successful idea, says an immigration lawyer, officer of the Armed Forces of Ukraine Oleksii Skorbach:

- If we are talking about the refugee status or additional protection that exists in Europe, then those are individual protection options. Meaning the person arrives individually, and their documents, story and country are inspected. And the individual has to undergo a slow and difficult process of explaining personally to foreign officials that they are being persecuted or are in danger at home.

All this is not needed for temporary protection. The sole objective situation in the country the person has fled from already proves the danger. And what is important, temporary protection is provided en masse, meaning one does not have to prove individual endangerment. In this way, countless formalities are put aside, as in such global catastrophes or occupation, the person is often not able to collect the necessary amount of documents or even take their belongings with them. This is why this mechanism is a huge advantage and is genuinely a sign of democracy since it is designed for large numbers of people forced to flee from objective threats.

Although temporary protection has its technicalities - primarily it does not provide subsequent legalisation in the residence country.

At the same time, the EU is interested in the most effective integration of Ukrainians possible. Here too there is a difference between the perception of Ukrainian citizens and emigrants from other countries, says Başak Yavçan, head of the Migration Policy Group in Brussels, referring to research data collected by their centre:

- Ukrainians are considered to be more integrated, their integration policies are more supported - and generally they are more supported. And their relationships with the community that accepted them are assessed as better compared to refugees from non-EU countries.

Although it is not only about Ukrainians themselves in this case, Başak Yavçan notes and reveals an interesting conclusion of her research:

The more effective the local integration policies are, the more favourable attitude towards refugees the people in the communities have

Therefor, the effective reaction mechanisms for refugees’ problems form an overall better attitude towards them.

At the beginning of the full-scale war, there was a massive wave of solidarity with Ukraine, it could even be labelled as Ukrainophilia, believes the Polish historian and politologist Łukasz Adamski. Everyone sympathised, everyone wanted to help. Now the understanding remains that people had to leave Ukraine due to Putin’s criminal war, and we need to help, but the longer the war continues, and the longer the Ukrainians stay abroad, the more mundane problems there are:
‍
- In Poland, for example, if you ask average Poles (and it is stated in various social surveys) they often say that they lack gratitude from Ukrainians and that they do not like the attitude of «You must do something for us, you must give us something». It is hard for me to judge how justified these claims are, but this general opinion comes from sociology.

The protection does not have retroactive effect

At the same time, Lukasz Adamski is convinced that despite all the similar sociological data and occasional public discontent, both the EU in general and Poland in particular have the resources and willingness to help Ukrainians if the security or energy situation worsens and the EU receives a new wave of migrants from Ukraine:
‍
- I try not to be overly optimistic, but it seems to me that there is a readiness to help here. Firstly, we all understand that it will not be a massive wave; even if it happens, it will be at the level of one, two, or three million Ukrainians, and both the EU and Poland can manage it. There is also a belief that the Ukrainian state will endure even under difficult conditions and that the Ukrainian population will be able to survive the winter. Moreover:

I would say that Ukrainians - are perfect migrants, and they do not create threats

In this context, in Łukasz Adamski’s opinion, it is rather Ukraine that is facing a threat, as a new wave of migration can undermine the inner Ukrainian endurance and add to the number of problems within - since someone has to work for the army to be able to fight.

Additionally, Ukraine has been urging EU countries for several months to consider ways to facilitate the return of Ukrainian men to their native land. Consultations regarding those who left illegally are ongoing, as stated by Ukraine's Minister of Internal Affairs, Ihor Klymenko, in an interview with Radio Liberty at the end of June.

Ukraine can make any appeals and proposals to the European Union, explaining that we lack people, however, there is international law that prohibits returning people to countries where events threatening their safety are taking place, emphasises Oleksii Skorbach, an immigration lawyer and officer of the Armed Forces of Ukraine.

- Men of conscription age have a constitutional duty to defend their country, but this duty pertains to Ukraine. When it comes to another country, the question arises: why should that country decide for them how they should fulfil their constitutional duty to Ukraine?

There is a rule that you may choose not to provide protection from the outset, but if you have already granted it, it should not have retroactive effect. The cancellation of such protection could turn out to be a much bigger problem

Because all these people received temporary protection precisely because there is a danger in our country. The question is how to address this issue if the danger has not disappeared?
‍
Photos from Shutterstock