Humanitarian Border Management REPUBLIC OF ARMENIA. Needs and Gaps Assessment Report

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2 Humanitarian Border Management REPUBLIC OF ARMENIA Needs and Gaps Assessment Report Yerevan 2016

3 The opinions expressed in the report are those of the authors and do not necessariy refect the views of the Internationa Organization for Migration IOM. The designations empoyed and the presentation of materia throughout the report do not impy the expression of any opinion whatsoever on the part of IOM concerning the ega status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principe that humane and ordery migration benefits migrants and society. As an intergovernmenta organization, IOM acts with its partners in the internationa community to: assist in meeting the operationa chaenges of migration; advance understanding of migration issues; encourage socia and economic deveopment through migration; and uphod the human dignity and we-being of migrants. The assessment team woud ike to acknowedge, with gratitude, the assistance and cooperation provided by the Armenian Government and its officias in conducting this assessment. Without their patience and wiingness to participate and contribute, this report woud not have been possibe. The team aso thank the representatives of internationa organizations such as UNHCR, the Red Cross Society of Armenia, UNDP and others for their cooperation. Finay, the expert is profoundy gratefu to the IOM staff members from IOM Armenia, namey Iona Ter-Minasyan and Sonya Armaghanyan, for their advice and assistance during the assessment. Assessment and report prepared by: Adrian Loxton This pubication has been issued without forma anguage editing by IOM. Pubisher: Internationa Organization for Migration IOM Mission in Armenia: UN House 14 Petros Adamian Street, 1st foor Yerevan 0010 Armenia Te.: Fax: E-mai: Internet: Internationa Organization for Migration IOM A rights reserved. No part of this pubication may be reproduced, stored in a retrieva system, or transmitted in any form or by any means, eectronic, mechanica, photocopying, recording, or otherwise without the prior written permission of the pubisher.

4 Contents EXECUTIVE SUMMARY INTRODUCTION 1.1 Assessment Objectives The Concept of Humanitarian Border Management Humanitarian Border Assessment and Best Practice Assessment Scope and Methodoogy Country Background - Poitica and Economic Considerations Migration Patterns and Dynamics Risk Factors - Border Crossing Points Vunerabe to Potentia Migration Crisis Evauation - Background REGULATORY FRAMEWORK 2.1 Poicy Legisation Proposed Amendments Asyum and Protection Initiatives Internationa Conventions and Agreements Evauation - Poicy and Legisation ADMINISTRATION 3.1 Structure of Border Crossing Points Humanitarian Border Management and Reated Training Interagency Emergency Response Structure, Roes and Responsibiities Interagency Emergency Response Exercise SHANT Evauation - Administration

5 Contents 4. OPERATIONS 4.1 Bavra Border Crossing Point BCP Configuration BCP Adaptation in Response to Mass Migrant Infux Contingency Pans and Standard Operating Procedures for Emergencies Cross-Border Cooperation Risk Anaysis Rapid Border Intervention Teams and Mobie Assistance/ Training Evauation - Operations INFORMATION MANAGEMENT 5.1 Identity and Risk Management Mobie Border Registration/Identity Technoogies Border Communications Systems Evauation - Information Management CONCLUSION and RECOMMENDATIONS ANNEX A TERMS OF REFERENCE AND AGENDA FOR MEETINGS AND FIELD ACTIVITY OF THE HUMANITARIAN BORDER MANAGEMENT ASSESSMENT TEAM

6 ABBREVIATIONS BCP BMIS CBRN CIS DMT DRRNP EPI ENP EU GDP HBM IBM IOM LLRM MCOF MOD MFA MLSA MOA MOH MTAD MES NGO NSS PVD SMS SOP UNDP UNHCR Border Crossing Point Border Management Information System Chemica, Bioogica, Radioogica and Nucear Commonweath of Independent States Disaster Management Team Disaster Risk Reduction Nationa Patform Eastern Partnership Initiative European Neighbourhood Poicy European Union Gross Domestic Product Humanitarian Border Management Integrated Border Management Internationa Organization for Migration Loca Leve Risk Management Migration Crisis Operationa Framework RA Ministry of Diaspora RA Ministry of Foreign Affairs RA Ministry of Labour and Socia Affairs RA Ministry of Agricuture RA Ministry of Heath RA Ministry of Territoria Administration and Deveopment RA Ministry of Emergency Situations Non-governmenta organization RA Nationa Security Service RA Passport and Visa Department RA State Migration Service Standard Operating Procedures United Nations Deveopment Programme United Nations High Commissioner for Refugees 5

7 EXECUTIVE SUMMARY Assessment Background Over recent years, a great dea of work has been done in Armenia in reation to modernizing and capacity-buiding within the migration structure, much of it by IOM and other internationa partners, in conjunction with the competent government agencies. The objectives of this report differ to the others on border management that have preceded it, in that it ooks at Humanitarian Border Management (HBM), which is a sector of assistance identified within the Migration Crisis Operationa Framework (MCOF) of IOM. 1 HBM covers border operations before, during and after humanitarian crises that trigger mass cross-border movements, when border posts may be confronted with extraordinary and protection-sensitive migration infux. Of the 7 internationa Border Crossing Points (BCP) in Armenia, a fied visit was conducted at Bavra and BCP on the Georgia border, which aso invoved crossing to the corresponding Georgian BCP at Ninotsminda and meeting with Georgian Border Guards. As the borders with Turkey and Azerbaijan are cosed, consideration of susceptibiity to mass migrant movement is necessariy confined to the Georgian and Iranian borders, athough reativey arge scae but controed movements by Syrians, principay those of Armenian origin, has occurred through Zvartnots airport over the past 5 or 6 years. Armenia has traditionay been regarded as a source and to a much esser extent, a transit country for migration, rather than a destination for economic migrants. The country suffers from negative net migration, which is of concern to government. Entry requirements for foreigners are comparativey reaxed, with a ibera visa regime for most countries, expedited procedures for residence and naturaization of foreign nationas of Armenian ethnic origin and empoyment reguations that aow those entering in other capacities to switch status in country if they find work. Whist Armenia has hosted a arge refugee popuation in the past, it has been argey as a resut of the Nagorno Karabakh confict and invoved Azerbaijanis of Armenian ethnic origin and as such, been regarded as interna dispacement rather than a mass infux. Whist mass infux at and borders is generay considered to be unikey, the consensus of opinion amongst agencies and organizations in the migration and emergency response structure was that it coud not be rued out, particuary in view of the current instabiity in the Midde East. 1 For more information, see Internationa Organization for Migration (IOM) (2012) IOM Migration Crisis Operationa Framework. IOM Counci, 101st Session, November 15, IOM, Geneva. 6

8 Poicy and Legisation Poicy and egisation has tended to refect the reaxed attitude of government to migration contro engendered by the perception that the country is not a destination for economic migrants. This particuary appies to foreign nationas of Armenian ethnic origin, who quaify for citizenship immediatey they provide proof of ethnicity. Other foreign nationas aso benefit from reaxed entry requirements and interna contro is generay ony exercised when they exit the country, by means of fines evied on those that overstay. Athough generic mechanisms for emergency, crisis and disaster response are highy deveoped and we-structured, poicy has not tended to incude provision for mass refugee movements across borders. Athough border management pans have incuded aspects of crisis response, it is uncear how far they have been progressed. Migration egisation is comprehensive and as it has been deveoped and impemented, it has been spread over various ega instruments that separatey dea with aspects of migration, for exampe the Law on Foreigners, the Law on Refugees and Asyum and the Crimina Code. Previous studies have reveaed that most egisation compares favouraby with that practiced internationay, particuary in the EU and where it has acked carity, egisators have acted to make amendments. Provisions have been made to give temporary protection to nationaities seeking asyum from war zones and such ike, which can be invoked in the event of a mass infux, athough what constitutes a mass infux is not defined. Ideay, changes are sti required, principay to combine the various migration reated aws into one piece of egisation. Administration Coordination of disaster and emergency response is primariy the responsibiity of the is this Repubic of Armenia Ministry of Emergency Situations (MES) and other agencies seem content to be directed by it, depending on the nature of the emergency. A government agencies are required to participate in emergency panning and as a resut, know how and where they fit into the structure. They aso seem to work in harmony and there is no perception of friction between any of them. An emergency response exercise conducted in 2015 incuded a refugee infux scenario that brought agencies together and showed how we they coud cooperate and compement each other, as we as identifying areas where more work was required. Reports indicate, however, that the exercise did not appear to extend to roe paying the entry of refugees at the border and ony deat with how they woud be processed ater in a camp. The Border Guard of the Repubic of Armenia Nationa Security Service (NSS) is responsibe for administering migration contros at BCPs and on green borders. They receive training on HBM reated subjects, but it is not cear what is conducted at induction eve and what is provided ater, athough it is apparent that organizations such as the Red Cross are invoved in providing training, as there is a programme due to start imminenty. Standard Operationa Procedures (SOPs) for deaing with mass infux at BCPs are said to be avaiabe, but as they are confidentia, coud not be reviewed for HBM content. Whist reations between Armenian and Georgian border guards are exceent, they do not have joint SOPs and ack forma MOUs or other biatera agreements. 7

9 EXECUTIVE SUMMARY Operations The three and BCPs on the border with Georgia are in the process of being redeveoped and the assessment of how Bavra BCP coud be adapted to contro a mass infux of refugees has been based on an examination of the pans for the new site, rather than a survey of the existing one. Various options have been identified for faciitating mass registration, both at the new site and in the immediate vicinity. Interagency contingency pans for disaster response have been deveoped, but those avaiabe for review, athough detaied and comprehensive, do not specificay cover mass refugee infux across borders. Emergency response SOPs for Bavra were not avaiabe for review and those deveoped for the new BCP did not incude mass infux response. Rapid response teams were reported to have been estabished, but it was not cear what their scope of operation was or whether they were specificay trained in crisis management and responding to mass refugee infux. Cross-border reations were informa and border guards from both sides met personay and conversed by teephone when there were issues of mutua interest or concern. Information Management The Border Management Information System (BMIS) is the primary system for information management at borders and is reiabe and technicay advanced. However, it is not currenty being used to coect biometrics and athough appropriate for recording the movement of documented traveers, detecting frauduent documents and checking aert ists, in its present configuration it woud be not appear to be an appropriate system for documenting refugees. Additionay, athough mobie BMIS equipment is being used at raiway stations, it can ony currenty operate offine and it is not avaiabe at other BCPs. Registration of refugees at borders, particuary those without documentation, needs to be a centra part of panning for crisis response to mass infux and decisions need to be made concerning which of the aternative information systems avaiabe, operated by PDV and SMS, woud be best suited and/or most easiy adapted for mobie depoyment to registration points, whether at borders or in camps. Coection of biometrics from refugees, if not a cross-border traveers, aso needs to be considered if whichever registration system is decided upon is to be fuy effective. 8

10 1. INTRODUCTION This report was produced under the IOM funded project Strengthening Capacities of Armenian Nationa Security Service and Border Guards in their Response to Migration Crisis, which aims to strengthen the institutiona capacities of the Armenian Nationa Security Service and the Border Guards Troops to respond to migration crises and enhance their roe in inter-agency cooperation. As we as giving detais of the assessment objectives, this chapter provides an introduction to the concept of Humanitarian Border Management (HBM), which has been deveoped by IOM within the Migration Crisis Operationa Framework (MCOF), 2 and further information on HBM assessments and best practices. 1.1 Assessment Objectives In specific terms, the objectives of the assessment report may be summarized as: Ü Country-specific mapping and examination of the types of natura disasters occurring in Armenia (incuding the South Caucasus) that may force peope to fee. Ü Assessment of existing reevant nationa ega framework guiding the preparedness for and response to humanitarian situations. Ü Evauation of existing poicy framework, incuding contingency pans and disaster risk reduction strategies guiding the command structure, cooperation and coordination among different governmenta, as we as non-governmenta stakehoders at times of crisis. Ü Mapping of governmenta and non-governmenta entities concerned with migration crisis management, and anaysis of their respective roes and responsibiities. Ü Examination of existing crisis-response human resources and provisions for emergency depoyment and temporary recruitment. Ü Assessment of existing HBM-reated training capacities. Ü Review of capacities for setting up, managing and securing temporary accommodation/transit centres at the border. 2 See Internationa Organization for Migration (IOM) (2012) IOM Migration Crisis Operationa Framework. IOM Counci, 101st Session, November 15, IOM, Geneva. 9

11 INTRODUCTION Ü Evauation of identity management at times of crisis. Ü Examination of information management procedures and capacities at times of crisis, incuding information sharing between various authorities, connectivity between border posts and headquarters and reporting systems. Ü Appraisa of existing infrastructure and equipment, incuding speciaized equipment for border surveiance and patroing, communication, mobie registration, and search and rescue. Ü Providing advice and guidance for the deveopment of SOPs in humanitarian border management for Border Guards at Border Crossing Points. Based on findings in these areas, recommendations have been made for the institutiona deveopment and capacity-buiding needs of the border guard troops and other reevant agencies, the ega and poicy framework and possibe improvements to raising awareness and cross-border cooperation during emergencies. 1.2 The Concept of Humanitarian Border Management HBM, sometimes aso referred to as Crisis Border Management or Emergency Border Management is a sector of assistance identified within the IOM MCOF. It is reated to other areas of MCOF, in particuar disaster risk reduction and emergency consuar services. HBM differs from traditiona border management in that it concentrates on emergency or humanitarian crises, when border posts are confronted with extraordinary, protection-sensitive migration movements. Various types of crises may aso resut in a sudden infux of reief goods, equipment and personne, whie at the same time peope may decide, or be forced, to fee across the border, and emergencies may threaten to spi-over to neighboring countries. Officias at the border are usuay the first to be confronted with such unusua movement dynamics and border security can become affected. Therefore, the predominant focus of HBM is on improving the capacities of border officias to dea with emergency situations to hep reduce uncertainty and provide adequate response mechanisms. HBM rests on the premise that we managed crisis response can hep prevent the cosure of borders and assist the internationa community in responding effectivey to migrants humanitarian needs. Border management agencies (immigration, poice, customs, quarantine, etc.) need to be equipped with the appropriate ega and operationa systems and mechanisms in order to respond to humanitarian crises and mass movements. For exampe, an efficient needs assessment and referra system (i.e. a support network of agencies and individuas) is necessary in order to more effectivey assist migrants with a variety of vunerabiities and protection needs when they are moving in arge numbers across internationa borders. Protracted crises require responses from border and border contro officias. States need to record migration movements so that they can be measured and understood, enabing government agencies and the internationa community to examine the cause and incentives for them and thus deveop possibe soutions. Border authorities have a crucia roe to pay in assessing individua needs for emergency care, and referring vunerabe migrants to appropriate authorities, whether to other agencies nationay or to internationa humanitarian agencies operating on the ground. In purey generic terms, in many countries border areas are inhabited by minorities who may suffer from 10

12 oppression by foreign armed groups or get caught in the cross-fire of miitary actions to push back incursions. Therefore, these areas require specific and timey humanitarian protection measures to prevent any further victimization of aready vunerabe popuations. The concerned geographica areas are often ikey to be affected by cross-border movements of combatants seeking ogistica support ines, recruitment of supporters and/or a safe haven against persecution. Such crises can provoke augmented risks for smugging and trafficking across borders incuding arms, drugs and persons. HBM therefore seeks to hep States baance the tension between humanitarian responsibiity and concerns for the safety and security of migrants and the countries of destination. Managing protracted mass movements aso incudes regiona and internationa cooperation on readmission, returns, economic deveopment and integration, as we as respect for the internationa protection of migrants in need. 1.3 Humanitarian Border Assessment and Best Practice This assessment foows a humanitarian border management assessment mode, which consists of four main piars/subject areas: reguatory framework; administration; operations; and information technoogy. The first piar, the reguatory framework comprises a review of poicies, egisation and reguations reated to migration emergencies or sudden changes in migratory movements precipitated, for exampe, by man-made or natura disaster. It aso encompasses the government s approach to reationships with other States, particuar neighboring States, and internationa organizations, in preparing for and managing mass movements. Nationa poicy and egisation woud ideay incude provisions to cover mass migration movements. Reevant internationa conventions and protocos woud be ratified and impemented in domestic egisation to ensure the protection of vunerabe migrants and respect for human rights. Measures to faciitate the depoyment of internationa reief efforts woud be buit in, incuding the reaxation or suspension of visa and customs requirements for foreign workers and equipment, and exceptions for the registration and contro of migrants. A poicy of egay enabed registration and monitoring is centra to estabishing the extent of any infux, recording identity, managing accommodation, providing aid, protecting nationa security, disruption of organized crime and eventuay, asyum or return/repatriation. The administration part of the assessment requires mapping and identification of the security structure, number and ocations of a officia and, air and sea- border checkpoints. The administration piar aso covers trainings of border officias and reated staff, to incude HBM and interagency cooperation and oversight between reevant stakehoders active in the fied of border management. Comprehensive anaysis of BCPs and their susceptibiity to mass movements is essentia. It is important for the authorities with whom primary responsibiity for border contro rests are aware of the operationa capacity of a BCPs and in particuar, the BCP s abiity to react to mass migration driven by emergency. BCPs shoud be abe to provide a humanitarian response which accords with internationa norms. It is therefore a good practice to map a BCPs to provide a comprehensive picture of resources - human, infrastructure and equipment - that are avaiabe for, or adaptabe to emergencies. Whist BCP mapping and integrated border management assessments have in the past covered day to day operationa border 11

13 INTRODUCTION management in considerabe detai, they do not often incude projections or gap anaysis for emergency response. An integra part of mapping and anaysis shoud aso be identifying the susceptibiity of borders and BCPs to mass migration, based on historica precedent, the regiona poitica andscape and the threat from natura disaster. In order to be abe to respond effectivey to mass migration movements, an overarching contingency pan covering a agencies is essentia. Often, contingency pans are prepared by individua nationa and internationa agencies and whist some are aso interinked, it is unusua to find one that succeeds in covering a agencies with ceary defined areas of responsibiity and networked operating instructions. Ideay, pans shoud incude interaction with neighboring countries and be deveoped jointy. In the operationa context, an HBM assessment woud determine whether cear and comprehensive SOPs for migration emergencies (precipitated by natura disasters, armed confict, heath crisis or other) exist, and are distributed to a BCPs. Furthermore, the assessment shoud make out the potentia or the existence of joint integrated border management activities and operating procedures. BCPs cannot routiney be resourced to dea with a mass infux of migrants, so the estabishment of rapid reaction teams can hep governments respond to crises. Rapid response teams of highy trained and experienced officers coud be estabished to immediatey mobiize in the event of emergency, to carry out screening and basic identity registration as cose to the border as possibe. Rapid reaction teams shoud ideay be muti-agency and shoud train and conduct joint exercises with reief and other agencies. They coud provide training and support; assess infrastructure and communication needs; and coect information to convey to officias responsibe for information anaysis and inteigence. A organizations shoud have some form of standard operating procedures and those in the migration structure are no exception. In the context of HBM, this particuary appies to border contro agencies as it is essentia that a officers compy with the aw, especiay in reation to human rights, protection and security. They shoud have avaiabe a consoidated source of reference materia for when they encounter situations with which they are not famiiar. SOPs shoud ideay be comprehensive, unambiguous, reguary updated and accessibe to a officers in hard and soft copy. Where SOPs do not exist or are inadequate, fu reviews of operating procedures, especiay at BCPs, wi be required. Good governance at the border requires adequate training for border officias; this incudes training on how to dea with mass movements at the border. SOPs (as discussed earier) can be hepfu in providing instruction to border officers to dea with unusua or unfamiiar circumstances, but there is itte substitute for a we trained work force. Training reevant for HBM woud incude training on protection standards; roe of internationa agencies, their staff and reief goods; a review of SOPs for emergencies; registration techniques and reviewing documents; identification of combatants and human smuggers; interviewing techniques; identification of migrants in need of assistance, incuding victims of trafficking. For information management, a HBM assessment examines a country s procedures for identity and risk management and the existence of emergency passport/visa systems, incuding transit visas. This incudes identity management and biometric registrations, and systems to record referras to internationa organizations if necessary. Lack of information and inteigence wi at best hamper a response to mass migration and at worst, create chaos. Gathering of information takes many forms, ranging from technica systems such as BMIS and computerized registration of nationas, foreigners and refugees to 12

14 individua officers being aware of the need for the coection and reporting of events and incidents that occur on a daiy basis. A information shoud be recorded, preferaby eectronicay, on interinked storage and retrieva systems capabe of interrogating each other. BMIS is an essentia too in border management for many reasons, incuding understanding migration patterns and security. During crises, a BMIS that can manage a significant increase in registrations - using mobie equipment for exampe - is essentia. A BMIS that coects biometric information can be particuary important in a crisis because some migrants can be traveing without, or adequate, identity documents. 1.4 Assessment Scope and Methodoogy This assessment has incuded desk research on egisation, reguatory frameworks and poicies for emergency and disaster management, with the primary focus on how the emergency response structure is geared towards managing mass migrant movements at BCPs, in compiance with the principes of HBM. The study commenced with open source research, which incuded a review of egisation, poicy documents, reports and studies provided by the IOM Mission in Yerevan, together with open source websites reated to migration and asyum in Armenia. This was foowed up by a 5 day in-country programme, between 8 and 12 February, 2016, of meetings with representatives of government departments with responsibiities in the migration structure and non-governmenta organizations operating within it (annex A). The in-country visit invoved meetings and interviews in Yerevan with representatives from; Repubic of Armenia Border Guards and Nationa Security Service; Poice of the Repubic of Armenia; Repubic of Armenia State Revenue Committee; Repubic of Armenia Ministry of Emergency Situations; Armenian Red Cross Society; Repubic of Armenia Ministry of Labour and Socia Affairs; Repubic of Armenia Ministry of Heath; Repubic of Armenia State Migration Service; Repubic of Armenia Ministry of Diaspora; Repubic of Armenia Ministry of Foreign Affairs; United Nations Deveopment Programme; United Nations High Commissioner for Refugees. Additionay, on 9 February, a fied visit was conducted at Bavra border crossing point. There is a great dea of research materia avaiabe on disaster risk reduction, disaster panning and strategy deveopment in Armenia, emanating from a wide range of government agencies, non-governmenta organizations and internationa agencies. This is to be expected, given the susceptibiity of the Country to natura and potentiay, man-made disasters. The 13

15 INTRODUCTION Word Bank considers Armenia among the 60 most disaster prone countries in the word. 3 There are many different hazards that may be considered appicabe to Armenia, and some of them are considered to be more frequent and dangerous for human ife and heath: earthquakes, foods, andsides, rock-fas, mudfows, ightning, hai, ground subsidence and forests fire. To a arge extent, this is expained by the fact that Armenia has a compex andscape, with a territory formed by steep mountain chains and vaeys in one of the most seismicay active regions of the word. According to data of MES Armenian Rescue Service, taking the country as a whoe, susceptibiity is: 100% - to severe earthquakes; 30% - to mudfows and foods; 17% - to haistorms, etc; 15% - to drought; 12% - to frosts; 4.1% - to andsides; 0.5% - to coapse and rock-fas. More than 80 per cent of the country s and is exposed to erosion, sat accumuation or akaization, over-moisturization and watering. It is against this background that the susceptibiity to mass migration movements of the country in genera and BCPs, in particuar, is assessed, with a view to suggesting how capacity to respond and manage may be enhanced. Incuded in the assessment is a review of the significant progress made in integrated border management over the preceding 5 or 6 years and the continuing deveopment of poicy and egisation to meet the needs of dispaced persons and refugees. 1.5 Country Background - Poitica and Economic Considerations The geopoitica and economic situation of Armenia has been comprehensivey covered in previous reports and this section is therefore intended as a synopsis for ease of reference, with updated statistics where appicabe. The Repubic of Armenia gained independence from the Soviet Union in It is a sma andocked country of 29,800 square kiometres with imited natura resources and currenty reies soey on Georgia and the Isamic Repubic of Iran for and access to the outside word. Popuation is in the region of 3,056,382, 6 with a per capita gross domestic product (GDP) of $8,400. Growth in GDP has decined year on year from 3.5% in 2013, to 3.4% in 2014 and was estimated at 2.5% in Sectors contributing to GDP are spit between agricuture (39%), Industry (17%) and services (44%) 7 Unempoyment was estimated at 17.8% in 2014, but as benefits are so ow, not everyone registers when unempoyed and the true rate coud be 3 Disaster Risk Reduction and Emergency Management in Armenia: Goba Faciity For Disaster Reduction And Recovery Armenia: Institutiona Arrangements For Disaster Risk Management And Reduction, Word Bank, CIA Word Fact Book Estimated. 5 Ibid. 14

16 up to 30%. At the same time, the popuation is estimated to be faing by 0.15%. 6 Armenia is bordered by Georgia in the North, Isamic Repubic of Iran to the South, Turkey to the West and Azerbaijan in the East. Tota border ength is 1,728 km, broken down as 265, 45, 328 and 1090 km respectivey. 7 Turkey cosed the border with Armenia in In 2009, senior Armenian eaders began pursuing rapprochement with Turkey, aimed at re-opening the borders, but Turkey has not yet ratified the protocos normaizing reations between the two countries. The entire ength of the Armenian/Turkish border is fenced and patroed by Russian border guards. There are currenty no functioning BCPs. The Nagorno-Karabakh confict began in 1988 and escaated after both countries attained independence from the Soviet Union. By May 1994, when a cease fire was negotiated, Armenian ethnic forces hed the region and have been in pace ever since. The border with Azerbaijan is cosed and patroed by the Armenian miitary. There are no BCPs in operation. The Armenian/Iranian border, stretching for 45 km, is aso fenced and patroed by Russian border guards. It has one BCP operating at Meghri Karchevan and cross-border reations with the Isamic Repubic of Iran are described as exceent, as are reations with Georgia to the north, where there are 3 BCPs at Bavra, Bagratashen, Gogavan and one at Ayrum raiway station. BCPs aso operate at Yerevan Zvartnots Internationa, Yerevan Erebuni and Gyumri airports. Armenia is a partner country of the Eastern Partnership, which is geared to bringing the countries coser to the EU and increase poitica, economic and cutura inks with it. In January 2015, the Government of Armenia joined Bearus, Kazakhstan and the Russian Federation as a member of the Eurasian Economic Union. Armenia s economy can be characterized by high energy intensity and consumption. The country is dependent on the import of hydrocarbons and eectricity generation. 8 Approximatey 40 percent of Armenia's eectricity is generated by the Metsamor nucear power pant ocated west of Yerevan. Athough the power pant was not damaged after the 1988 earthquake, it was shut down in 1989 and restarted in In 2013 "stress tests" were conducted at the power pant in accordance with the approach of Western European Nucear Reguation. According to the Internationa Atomic Energy Agency, the preiminary resuts of stress tests and assessment of safety margins aow the safety of the power pant to be stated Migration Patterns and Dynamics The vaue in ooking at migration patterns in Armenia in a historica context ies in the potentia for past experience to give an insight into what, in terms of significant migrant fows, may happen in future. Armenia is amost universay regarded as a source country for migrants and informed opinion is that when the media reports on migration issues, it generay cas on the government to take measures to stop emigration, not immigration, because of concerns about the decining popuation. Officia statistics show that substantiay more peope have eft the country than 6 Ibid. 7 The figures refect the borders of the Armenian Soviet Sociaist Repubic, excuding the territories de facto under Armenian contro now. 8. Armenia-UNDAF, , p IAEA, 15

17 INTRODUCTION entered it, virtuay every year since The figures from 2012 to 2015 indicate that net migration was -42,800, -31,200, -41,700 and -43,400 respectivey, athough it has to be said that these numbers reate to the tota of traveers passing through BCPs and do not differentiate between purposes of trave. 10 However, when the extent of the Armenia diaspora is taken into account, it is reasonabe to accept these figures as a fairy credibe indicator of the disparity between immigration and emigration. Of a the former Soviet States, Armenia has the argest goba diaspora community, in proportion to the size of its nationa popuation, by some margin. Whist precise figures are open to debate, it is generay reckoned that there are around 8-10 miion peope of Armenian descent currenty iving outside Armenia. The argest Armenian communities are based in the Russian Federation, the United States, France and the Lebanon, with sizeabe popuations aso residing in Ukraine, the Syrian Arab Repubic, Argentina, Poand, Turkey, the Isamic Repubic of Iran and Canada. Migration surveys 11 have consistenty shown that Armenian migrants are primariy economicay motivated, with figures of over 70 per cent ooking for empoyment or to increase their income. The ever growing diaspora gives encouragement to those aspiring to migrate through the support and sponsorship of Armenian communities in host countries, thus providing a reativey unintimidating departure route from high unempoyment and a comparativey ow standard of iving at home. Whie such economic conditions prevai in Armenia, incentives for economic migrants from esewhere to target the country as a destination wi be ow, but it is evident that the country is being used as a transit hub, usuay by foreign nationas, often of Armenian ethnic origin, with ambitions to head west. Historicay, mass migration movements within and into Armenia have invoved dispacement by natura disaster or armed confict, so what has occurred and what is currenty taking pace needs scrutiny. In doing so, the definitions of what constitutes a refugee or an internay dispaced person (IDP) need to be carified: A refugee is a person who is outside the country of their nationaity and unwiing or unabe to return there for fear of persecution or harm; An IDP is a person who has been forced to fee their pace of habitua residence but has not crossed an internationay recognized State border. 12 Armenia has faced two substantia waves of migration, the first being interna dispacement foowing the devastating earthquake around the city of Spitak in 1988, which resuted in at east 25,000 dead and 19,000 injured. It was estimated that 550,000 peope were made homeess and 200,000 eft the country, the vast majority to repubics in the European part of the USSR and the rest to severa other European countries. Most of them (approximatey 150,000 peope) returned before or soon after the breakup of the USSR. 13 The second major movement foowed the Nagorno Karabakh confict, which ed to 420,000 (360,000 out of these fed from Azerbaijan) refugees as we as 72,000 confict internay dispaced persons, eft without sheter as a resut of bombing of the Armenian settements neighbouring with the 10 Nationa Statistica Service of the Repubic of Armenia: see 11 United Nations Popuation Fund (UNFPA) Report on sampe survey on externa and interna migration in RA,Yerevan; Yunosov A UK Foreign and Commonweath Office paper 9/12/14. Refugees and Internay Dispaced Persons (IDPs) In the South Caucasus: The Numbers Game. 13 Migration and Human Deveopment: Opportunities and Chaenges. Armenia, Nationa Report 2009, UNDP. 16

18 border of Azerbaijan, and inhabitants from those areas taking refuge in other areas of Armenia. 14 In 2008, the IOM report Review of Migration Management in the Repubic of Armenia 15 concuded, inter aia, that: Armenia s geographic position in the region, which faces possibe instabiity, has created an imminent threat of fows of refugees and dispaced persons across its borders. According to the UNHCR s Goba Report , Armenia is the second top host country with the argest number of refugees per capita (38 refugees per 1,000 inhabitants) after Jordan. According to the 2005 UNHCR Statistica Yearbook, there were 219,550 refugees and 70 asyum seekers in ,324 out of these refugees were from Azerbaijan and 218 from Iraq. There were 140 appications fied to seek asyum in 2005 (a by peope from Iraq) 16.According to data from the Migration Agency, 360,000 persons deported from Azerbaijan have received the status of a refugee during 1988 to From among these refugees more than 80,000 have become citizens of the RA. Subsequent events created further trepidation over the stabiity of the region, with the armed confict between the Russian Federation and Georgia in 2008 over the encaves of South Ossetia and Abkhazia resuting in minor increases in border traffic, but within manageabe imits. Discussion with representatives from NSS reveaed that this traffic was not categorized as a mass movement and was principay comprised of Georgian nationas of Armenian ethnic origin seeking temporary refuge, before soon returning to Georgia. Not surprisingy, the most recent migrant movement of any significance has been from the Syrian Arab Repubic, athough much ower dispacement has occurred from Iraq and Ukraine, which was concisey summed up by UNHCR Representative Mr Bierwirth in a statement made on 30 Juy 2015: Armenia, having aready received severa hundred thousand refugees from Azerbaijan and over one thousand persons from Iraq, is presenty in particuar facing dispacement from the Syrian Arab Repubic and Ukraine. About 15,000 persons feeing the confict in the Syrian Arab Repubic, primariy of ethnic Armenian background, have sought and found protection in Armenia. More than 100 persons from Ukraine have fied their asyum appication with the State Migration Service, but the actua number of Ukrainians seeking refuge in Armenia is considered to be higher as many do not register, instead making use of the visa free regime. Moreover, Armenia aso hosts smaer numbers of refugees from a variety of countries. Whie these figures sound sma if compared to the over 1.4 miion refugees hosted in Lebanon or about 750,000 in Jordan, they constitute a significant chaenge for a sma country such as Armenia, which is sti suffering from the unresoved Nagorno-Karabakh confict, cosed borders, isoation and a difficut economic situation. 17 Figures produced by UNHCR for 2015 show that numbers of Syrian refugees rose from 14,450 at the beginning of the year to 16,000 at the end. 18 It is important to note that the vast majority of Syrian refugees were of Armenian ethnic origin and recorded in the statistics as being in a refugee-ike situation, in view of the expedited entry, residence and naturaization process. In fact, in 2015, 4,000 were recorded as refugee-ike and 87 as refugees. 14 See Yeganyan, Gagik, Migration Situation in Armenia: Chaenges and Soutions, in Rios, Roger Rodríguez (ed). 15 Pier Rossi-Longhi, Therèse Lindström, Kristina Gastyan - March 2008 funded by the Swedish Migration Board. 16 See 17 Fu text of the interview of Mr Bierwirth can be found at 18 UNHCR Refugee popuation and changes. 17

19 INTRODUCTION 1.7 Risk Factors - Border Crossing Points Vunerabe to Potentia Migration Crisis Armenia has reativey few BCPs, for the simpe reason that the two ongest borders with the neighbouring countries of Turkey and Azerbaijan are cosed, which suggests that any migrant mass movements are most ikey to occur on the borders with the Isamic Repubic of Iran or Georgia. In terms of humanitarian border management, and borders are the most vunerabe to crisis driven migration. They are more accessibe than other routes and the difficuty of effective poicing over often inhospitabe terrain eaves them open to candestine crossing. They aso provide access for vehices, incuding trains, which enabe migrants to trave quicky and carry more of their possessions with them. Additionay, indigenous communities stradde borders and there are estabished community networks aready in existence prior to an emergency exodus. This appies particuary to the border communities in Georgia and Armenia, where enforcement of green border contros outside of BCPs is regarded, at best, as something of an inconvenience and at worst, a significant impediment to famiy ife and trade. Airports There are two Airports in Armenia with operationa internationa BCPs in Yerevan (Zvartnots Internationa) and Gyumri (Shirak Internationa). Airports are not generay regarded as susceptibe to crises caused by mass migration movements, for various reasons; access to aircraft can be controed, thus the number of migrants permitted to trave wi depend on the avaiabiity of seats and be subject to the agreement of the destination country to receive them. Reception of migrants can be arranged in advance, thereby mitigating the crisis eement of movements by air and documentation can be provided before traveing. This was the case in Armenia in respect of the infux of Syrians, mainy of Armenian ethnic origin, which started in 2011, when there were direct fights to and from Yerevan to Aeppo. Fights were schedued and whie the reativey arge infux was underway between 2011 and 2013, the Ministry of Diaspora were abe to depoy officers to the airport to meet refugees, aong with the Red Cross and UNHCR. In the Syrian Arab Repubic, as Syrian nationas require visas, ethnic origin was estabished before migrants traveed and Armenian consuar staff were depoyed to Aeppo airport to hep fiter and assist traveers. Reaxed identity requirements aowed ethnic Armenian Syrians to estabish their status through documents such as famiy books, church records and baptism certificates, whie non-ethnic Syrians were subjected to stricter scrutiny when appying for visas and credibiity tests were appied. 19 The Armenian community in the Syrian Arab Repubic went from around 80,000 to 15,000 and between 2012 and 2015, 22,000 arrived in Armenia. 4,000 to 5,000 of these went back or traveed back and forth, whie an estimated 16,000 setted in Armenia. 20 After the fights were suspended for security reasons, approximatey 100 refugees drove overand through Lebanon, Turkey and Georgia, unti Turkish authorities cosed the border in 2014, effectivey seaing off the and route. Since then, the main migration route has been through Damascus and on to Beirut to catch direct fights to Yerevan. As direct air routes cosed down, the numbers of refugees arriving dwinded and are no onger considered to be significant. 19 Interviews at the Headquarters of the Border Guards, Yerevan 8 February Information obtained during interviews at the Ministry of Diaspora, Yerevan, 11 February

20 Georgia and the Isamic Repubic of Iran Primary access to seaports is through Georgia to the Back Sea ports of Batumi and Poti which, in a straight ine, ie approximatey 150 km from Armenia. The commercia Back Sea port of Poti is the main arriva point for internationa sea freight destined for Armenia. Additionay, cargo from Turkey to Armenia crosses Georgia, generay through Sarpi checkpoint and 264 km further on to the Ninotsminda-Bavra border crossing point on the Georgian-Armenian border. In tota, there are 4 BCPs with Georgia, Bavra, Gogavan, Bagratashen and Ayrum, ocated on the Ashotsk-Ninotsminda, Tashir-Bonis, Bagratashen-Sadakho highways and Yerevan-Tbiisi rairoad respectivey. Bagratashen BCP is ocated in the Armenia province of Tavush on highway M6 approximatey 200 km from Yerevan. It is on the banks of the river Debed, which marks the border ine between Georgia and Armenia. This is the main transport corridor connecting Armenia with the Repubic of Turkey and the Russian Federation. It is an important route for sea cargo when Bavra is inaccessibe. Bavra BCP is ocated in Shirak province, Ashotsk region, on highway M1, approximatey 150 km from Yerevan. The BCP is 2150 meters above sea eve in mountainous territory, with an inhospitabe cimate of cod, ong and severe winters, extensive snow cover, strong winds, frequent fog and snowstorms. Gogavan BCP is ocated in Lori province at a distance of 170 km from Yerevan, in the Tashir region. It is ocated at an eevation of 1,750 meters above the sea eve and has a temperate cimate of ong, cod winters and coo summers. Armenia has just one BCP on its 45 km southern border with the Isamic Repubic of Iran, at Meghri Karchevan in Syunik province, which benefits from a much mider cimate than the Georgian BCPs in the north. It is ocated approximatey 370 km from Yerevan. During the course of interviews with representatives of government departments, opinions were sought as to where potentia crises precipitating mass migration movements might originate. Genera opinion supported by past experience was that any mass migrant infux woud come from ethnic Armenian communities, as arge scae movements by non-ethnic foreign nationas had never been experienced. Possibe source countries were quoted as the Syrian Arab Repubic, Azerbaijan and Ukraine, athough it was considered most ikey that they wi occur by air, as ony Azerbaijan has a border with Armenia and it is currenty cosed. Representatives from the border guards and NSS, 21 as the frontine migration agency, were in agreement that neither the Isamic Repubic of Iran nor Georgia were seen as ikey to suffer any crisis eading to mass migration to Armenia, other than border communities of ethnic Armenians seeking sanctuary, probaby just temporariy. Georgia was described as a friendy neighbour and not seen as a threat, thus the possibiity for confict with Armenia was not even worth considering. It was pointed out that both Georgia and the Isamic Repubic of Iran had sizabe Armenian communities, estimated at 500,000 and 300,000 respectivey, which had ived in harmony with their host countries for many years. The Georgian confict with the Russian Federation in 2008 was raised and it was acknowedged that it had resuted in an increase in ethnic Armenians crossing the border, but not on a scae that might be considered a mass infux and thus outside of the immediate capabiities of the Border Guard to maintain norma migration contros. Neither Georgia nor the Isamic Repubic of Iran was seen as a possibe route for migrants 21 Interviews at the Headquarters of the Border Guards, Yerevan 8 February

21 INTRODUCTION coming to or transiting Armenia. Its ocation to the North East of the Syrian Arab Repubic and Iraq and the cosed border with Turkey precude it from being part of the Eastern Mediterranean route into Turkey and the Greek Isands, currenty being used by mass migrant movements into the EU and there is no practica possibiity of it becoming so, even as a diversion shoud other routes be cosed down. It was acknowedged that the Isamic Repubic of Iran coud possiby be drawn into a wider Midde East confict but again, it was fet that mass migrant fows into Armenia precipitated by such events woud be predominanty ethnic Armenians. The chance of civi confict within the Isamic Repubic of Iran was aso considered to be remote, especiay as internationa sanctions have recenty been ifted. Experience of arge scae dispacement across borders due to natura or man-made disasters invoved migrant movement out of Armenia and there were no exampes quoted or found through research to suggest that disasters in neighbouring countries woud be ikey to precipitate mass movement into the country across and borders. In reaching this concusion, the emphasis is on mass movement, as it is quite ikey that ethnic Armenians caught up in such events woud seek refuge in their ancestra homeand, due to shared anguage, cuture and famiy connections. However, again from experience, such movements are probaby going to be on a reativey sma scae and invove temporary, rather than permanent, residence. Turkey and Azerbaijan The Armenia-Turkish border was uniateray cosed by Turkey in 1993 and the 2 BCPs of Margara road crossing and Akhurik rairoad crossing are not functioning. The border with Azerbaijan has been effectivey cosed since the eary 1990 s, as a resut of the Nagorno- Karabakh confict. Logicay speaking, if both borders are cosed, they are not at risk from mass migrant movements. However, the confict caused arge movements of ethnic Armenians from Azerbaijan and vice versa, prior to the ceasefire in May 1994 and efforts to find a mutuay acceptabe soution for the resoution of the confict continue to this day. There remains a possibiity that armed confict wi erupt again, but athough ceasefire vioations occur, given domestic economic probems and the focus on growth and deveopment, it does not seem to be in the interest of either country to escaate the situation. However, shoud the war restart, it is reasonabe to assume that the ethnic Armenian civiian popuation wi move away from the seat of the confict, in what woud effectivey be interna dispacement back towards the centre of Armenia. Border management woud not be an issue for the contro authorities other than, perhaps, a monitoring roe and such a movement woud become the immediate responsibiity of the competent reief agencies, both nationa and internationa. During interviews with both the Repubic of Armenia Ministry of Heath and the Repubic of Armenia Ministry of Labour and Socia Affairs, 22 there was specuation about the susceptibiity of the Turkish border to crisis driven mass movement and it was suggested that an interna escaation in miitary action by Turkey against Kurds coud possiby provoke cross-border movements, even though the border is cosed. However, shoud such a situation arise, it seems extremey unikey that Turkey woud reopen BCPs with Armenia to aow Kurds to cross and any dispacement woud therefore occur candestiney across and borders. Given the extent to which the border is fenced and poiced, it is ikey that any cross-border movements woud be by individuas or sma groups on an opportunistic basis and thus not constitute a crisis situation. 22 Yerevan 10 February

22 1.8 Evauation - Background Both research and interviews with government and non-governmenta agencies in Armenia indicate that in any mass migration movements into Armenia, the vast majority of migrants woud be of Armenian ethnic origin. This contention is supported by the ethnic breakdown of refugees from the Syrian Arab Repubic, who have arrived progressivey since 2011, predominanty by air, in a argey controed and ordery manner. Consensus of opinion amongst interocutors was that, under current internationa circumstances, a migrant infux crisis was unikey, particuary on the border with Georgia. However, it woud be a mistake to be compacent and events in the Midde East over the ast five years have shown how quicky reative stabiity can degenerate into civi confict, which in turn fues mass migration. Athough the Isamic Repubic of Iran was aso perceived as stabe, its proximity to Iraq and the Syrian Arab Repubic, in conjunction with its support for the Assad regime, woud suggest that there is at east a possibiity that it coud be dragged more activey into the regiona confict. 21

23 2. REGULATORY FRAMEWORK Much has been written about migration poicy and egisation in Armenia over the past 8 or so years and a convenient starting point is an IOM review of migration management in 2008, 23 which covered the whoe spectrum of egisation in some detai. This was foowed, in 2011, by a review report of progress on recommendations made in the first assessment. 24 In 2013, a report to compare Armenian migration egisation with that of the EU was commissioned by IOM, the scope of which was wide and comprehensive. 25 Since then, ad hoc updates, especiay in reation to humanitarian issues, have been reported, principay by UNHCR. With such comprehensive materia avaiabe for reference, for the purpose of this assessment, poicy and egisative issues wi concentrate on where they are appicabe to HBM considerations reating to crisis management of mass migrant movements at borders. 2.1 Poicy Migration poicy deveopment in Armenia, certainy in terms of humanitarian border management, refects the commony accepted assumption that it is a primariy a source country for migration, with a secondary roe as a transit point for westward migration. There is considerabe concern in government over negative net migration, which most probaby has an infuence on the reative ease with which foreigners, especiay those of Armenian ethnic origin, can quaify for residence and naturaization. Having estabished that arge scae migrant movements into the country have historicay invoved migrants of Armenian origin, couped with the recent and ongoing experience of Syrian nationas arriving by air, it is therefore understandabe that government poicy has centred on faciitating their entry and integration, to encourage them to stay. The government response to the Syrian infux provides a rea time demonstration of how poicy deveops and adapts in the face of, if not a sudden crisis, at east an unusua migrant movement. Lessons have ceary been earned at poicy formuation eve, which wi assist in mass movements arriving at borders in future. A broad outine of events was provided by the RA Ministry of Diaspora. 26 A coordinating centre was set up in 2012 by representatives of Syrian-Armenian community organizations, which iaises cosey with the ministry, to provide a forum of stakehoders to decide how aid is distributed. As part of its function, the ministry obbied for entry procedures to be revised for Syrian refugees, which achieved reaxation of the visa requirement to aow for them to 23 Review of Migration Management in the Repubic of Armenia IOM Assessment Mission Report Progress Review of Migration Management in the Repubic of Armenia IOM Anaysis of Armenia Migration Legisation and Practice as Compared to EU Standards IOM Interview at the Ministry of Diaspora, Department for the Midde East, Yerevan 11 February

24 be issued on arriva and identity documentation required to quaify for naturaization was streamined to incude famiy books, church records and baptism certificates as proof of Armenian ethnicity. Fees for resident permits and naturaization were waived and cars and property coud be brought in duty free. Access to education was aso made easier, with the recognition of Syrian quaifications and dipomas for continuing education in Armenia, enabing chidren to foow a Syrian curricuum and be graduay integrated into the Armenian system. Deveopment of migration poicy in genera was first consoidated in 2000, when the Armenian Government approved the first Concept of State Reguation of Migration in the Repubic of Armenia. This Concept paper was revised and adapted in 2004 as changes in the migration situation in Armenia occurred, principay with the incusion of two new priorities: Preventing iega migration from the Repubic of Armenia and supporting the return and reintegration in the Repubic of Armenia of Armenian citizens iegay staying abroad; Preventing smugging and trafficking of humans from the Repubic of Armenia and deveoping victim protection arrangements. With increasing European integration under the framework of European Neighbourhood Poicy (ENP) and Eastern Partnership initiatives (EaP), new migration priorities were identified. These were based on sight changes in irreguar migration patterns, incuding human trafficking issues. The new Concept of State Reguation of Migration in the Repubic of Armenia report was approved by a government protoco decision in December 2010, which incuded an action pan specifying 14 priority migration reated issues and giving guidance on progressing them. The 2010 Concept paper essentiay fied gaps in migration management identified by different internationa stakehoders, such as IOM 27 and was adapted to take account of commitments to the EU. 28 The action pan was designed to run from 2011 to 2016 and aimed to harmonise, as far as possibe, the ega and administrative migration framework with reevant EU egisation and institutiona structures, taking into account nationa State interests. The purpose of the document was given in it as: During the next five years, the appication of the Action Program for Impementation of the Poicy Concept for the State Reguation of Migration in the RA in wi ead to: improvement of the system of protection provided for humanitarian reasons by the RA for foreign citizens and individuas without citizenship, reguation of workforce emigration, prevention of chaotic migration, faciitation of integration of refugees in the country, deveopment of migration poicy, effective and systematic work of bodies responsibe for coordination and impementation of this poicy, incuding deveopment of their skis, separation of their functions, ensuring their effective cooperation, coection of reiabe data through anaysis and statistica procedures. Whist a issues covered by the pan are reevant to integrated border management, some are particuary reevant to HBM, such as Issue 9, which deas with Improving the System of Providing Asyum in the AR. In case of Recognising the Foreign Citizens as Refugees Ensuring Their Effective Integration to the RA Society. Activities under this section incude improving egisation in ine with European standards, having asyum case workers at BCPs, improving 27 IOM, Progress Review of Migration management in the Repubic of Armenia, Foow-up on the 2008 Migration Management Assessment Report, Ibid. 23

25 REGULATORY FRAMEWORK standards for asyum accommodation, deveoping integration programmes for recognized refugees and supporting the vountary return of faied asyum seekers. This said, in terms of HBM, the action pan has deficiencies and whist Issues and dea with interna dispacement, mass infux from outside of the country is not addressed. It has to be said, however, that activities incuded in these two sections have reevance to migrant crises at borders. Activities 11.2 and 3 dea with creating attractive conditions in border areas to encourage border dweers to remain there, rather than moving to urban centres and encouraging interna streams of migration to border areas, which coud aso be appied to migrants in a mass movement by providing incentives for them to remain near borders. Activities 12.1 and 2 specify modeing possibe mass dispacement of the popuation based on risk assessment and reguation and registration of dispaced persons to faciitate their return when disaster situations have been setted. Again, both activities have reevance to cross-border movements and coud perhaps be adapted and incuded in any revised action pan. An equay important document, in terms of migration poicy, is the Action Pan and Timetabe for Impementation of The Border Security and Integrated State Border Management Strategy of The Repubic of Armenia ( ), 31 which sets out, predominanty at an operationa eve, what is required to meet the governments ambitions on integrated border management. Some of the actions reevant to HBM incude: Deveop and adopt a joint pan of actions for ensuring the pubic safety at the State border during emergency situation (Action 2.26); To deveop and adopt joint contingency training programs, reguar training events, emergency dris aimed at ensuring successfu joint operations in emergency situations (2.34); To organize reguar trainings on joint use of faciities and equipment by the agencies represented in BCPs (2.36); To create a joint eectronic database for agencies authorized to issue certificates and icenses in the area of border security and integrated border management and to integrate those data into the BMIS (2.39); To provide the Ministry of Emergency Situations with a capacity for rea-time data receipt on entry and exit of transportation means subject to registration and contro at a BCPs (2.41); On the centra eve, provide for technica means and staff for centraized input and anaysis of data in BMIS or TWM on pandemic areas, harmfu organisms accompanying pants, hazardous food produce (as we as data specified by Internationa Heath Reguations), and dissemination of this data to BCPs (2.45); To give the opportunity to enter data on persons deported to or from Armenia, as we as on persons seeking asyum in the Repubic of Armenia into BMIS or TWM; 29 Guidance Of Interna Migration Processes In Line With The Requirements Of The Ra Nationa Security And Sustainabe Deveopment Of The Country. 30 Reguation Of Possibe Mass Dispacement Of The Popuation In Emergency Cases. 31 Appendix to RA Government Decree no. 482 of Apri 21,

26 To deveop and sign agreements with Georgia and the Isamic Repubic of Iran on cooperation at the reevant BCPs that wi incude provisions on harmonizing working hours at BCPs in order to faciitate uninterrupted movement of persons and vehices, as we as joint contingency pans for emergencies such as pandemics, massive fow of peope, earthquake, etc. (3.12); To ensure the inter-operabiity of IT systems used in Armenia (BMIS, TWM) with appropriate Georgian IT systems (ASYCUDA, PIRS) (3.20). As far as the assessment team are aware, there is no update avaiabe, at east open-source, to show which actions are yet to be started, are work in progress or have been competed. It woud be extremey usefu in assessing HBM capabiity if the action pan coud be updated to give a cear indication of how the poicy on IBM has progressed. Disaster Management Poicy in reation to disaster management is constanty being deveoped and might be expected to incude provision for mass infux of migrants. However, whie the RA Ministry of Emergency Situations (subsequenty merged with the Ministry of Territoria Administration to become the Ministry of Territoria Administration and Emergency Situations (MTAES), ater they were spit and the Ministry was again renamed the RA Ministry of Emergency Situations. (MES)) was estabished in 2008, to take overa responsibiity for disaster management, it did not specificay dea with the issue, athough internay dispaced persons were covered by provisions. This may be an acknowedgement that natura disasters within Armenia do not generay invove cross-border dispacement, but it shoud be something that the MES reviews in future. Whie existing pans do not reate directy to migrant crises at borders, there is vaue in gaining an overview of what has been deveoped and now exists, perhaps with a view to broadening the scope of future work in the fied of disaster risk reduction and management, as a mass infux shoud sti invoke a muti-agency approach to an emergency, even if the event occurred outside of Armenia. Foowing the estabishment of the MTAES, Armenia engaged UNDP experts to work with the Ministry to design and faciitate a Capacity Deveopment process for the nationa Disaster Risk Reduction (DRR) system in January The Hyogo Framework for Action (HFA) was seected as a basis for designing actionabe indicators to identify the required capacity for the DRR system. A key recommendation to emerge was the estabishment of a Disaster Risk Reduction Nationa Patform (DRRNP), which was actioned and is now in operation. It is a non-governmenta organization providing opportunities for State, non-governmenta, private and internationa institutions to participate in decision-making and consutation processes. At the same time, it provides opportunities for organizing and controing day-to-day operationa activities and impementing ong-term projects. The main payers of the DRR NP are government authorities of Armenia, MES, internationa and donor organizations working in the fied of DRR, UN, Armenian Red Cross society, as we as scientific institutions, civi societies and experts. At different stages, other participants may be invoved in the process, incuding representatives of various State and pubic agencies and organizations, private sector and reigious institutions. The activities of the NP are managed by a board of trustees that incudes representatives from MES, the Nationa Security Counci, 25

27 REGULATORY FRAMEWORK the Repubic of Armenia Ministry of Foreign Affairs, the Repubic of Armenia Ministry of Defence, the Repubic of Armenia State Revenue Committee and the Repubic of Armenia Poice. Various disaster response pans and directives have been produced by government, NGOs and internationa organizations, amongst them Pan of Organization Of Protection Of Popuation Of the Repubic of Armenia in Case Of A Severe Earthquake, 32 which is a comprehensive document isting the roes and responsibiities of virtuay a ministries and departments of government in the event of a devestating earthquake. As the scenario envisaged is an interna disaster, the Border Guard is not specificay mentioned in the pan, athough NSS is specified as the organizations responsibe for maintaining security. Guidance on crossborder movements is confined to the entry of foreign aid and internationa rescue personne. Communications are covered in some detai and a short wave radio network is specificay mentioned to maintain contact between agencies and organizations, but it woud appear that the border guard may not be part of this. The Disaster Risk Reduction Nationa Strategy of the Repubic of Armenia together with the Action Pan for impementation of the Disaster Risk Reduction Nationa Strategy of the Repubic of Armenia 33 deas in more genera terms with the strategy for responding to a types of possibe disasters, not just earthquakes and concentrates on interna issues rather than events, crisis or otherwise, at borders. Joint governmenta and internationa pubications incude the Loca Leve Risk Management (LLRM) Manua produced by the Ministry of Emergency Situations and UNDP in 2012, which is a highy detaied mode for mapping the risk and impact of disasters on individua communities that is particuary effective in raising awareness of how infrastructure and services might be affected, thus informing response. Additionay, the Inter-agency Contingency Pan, Armenia was prepared by the Technica Group on Emergencies on behaf of the extended Disaster Management Team (DMT) 34 in the Repubic of Armenia, in coaboration with MES in Yerevan. It describes most ikey hazards in Armenia, capacities to respond to consequences of these disasters, roes and responsibiities of various actors in preparing for and responding to a disaster, and basic preparedness measures of the internationa humanitarian community. It consists of sections covering situation anaysis, overview of the risks and hazards, scenarios and panning assumptions, overa management and coordination arrangements, incuding standing arrangements and the custer approach, arrangements for communications in emergencies and preparedness and maintenance actions of the contingency pan. This is not and is not intended to be, a fu picture or review of the diverse range of reports, pans and assessments of the emergency disaster anticipation and response structure in Armenia. Rather, it is an indication of the scope and voume of what materia is avaiabe and the eve of panning in pace. It aso indicates, however, that gaps do exist at a eves in panning for mass migration infux at borders, whatever the driving factors behind it. 32 Annex N 1 of the decision N 919 of the Government of the Repubic of Armenia dated on Government of RA Decree N-281 March The extended Disaster Management Team is a mechanism for emergency preparedness and response coordination in Armenia. The extended DMT incudes UN agencies mandated with humanitarian response and internationa and oca humanitarian NGOs based in Armenia. The extended DMT acts as an HCT prototype providing specia arrangements for its smooth transition to HCT when required. 26

28 2.2 Legisation Armenia does not have a comprehensive poicy covering a migration issues. Various aspects of migration in Armenia are governed by separate aws and government decisions. Often, these aws tend to eave discretion to the impementing authorities and thus, in effect, raise questions about the feasibiity and efficacy of democratic oversight over migration issues. The main egisation on border contro and entry is stipuated in the Repubic of Armenia Law on Foreigners, Repubic of Armenia Law on State Border 35 and the Repubic of Armenia Law on Border Guard Troops. 36 The Law on Foreigners from reguates the ega entry, transit, stay and exit of foreigners from Armenia, as we as other areas reated to foreigners. This egisation can be described as baseine ega governance for migration that underpins the contro of borders, conditions for reguar migration and residence and response to irreguar migration. However, the Law on Foreigners is not appicabe to persons seeking internationa protection in Armenia 38 and it is the Constitution, the Repubic of Armenia Law on Poitica Asyum and the Repubic of Armenia Law on Refugees and Asyum that provide the ega basis for granting asyum and treatment of asyum seekers and refugees. It is the asyum egisation that wi be most appicabe during mass migrant movements across borders, but it cannot be operated in isoation and must be taken in conjunction with norma reguations for entry. This is one of the reasons why it woud be hepfu if a these separate pieces of egisation coud be reviewed and redrafted into one egisative instrument, thus providing a singe ega governance document for ministries, agencies and other stakehoders in the migration structure. Migration egisation has been the subject of various reviews, the most recent and certainy most definitive being the Anaysis of Armenian Migration Legisation and Practice as Compared to EU Standards, This study was prepared under the auspices of the Armenian Ministry of Justice under the project Strengthening Evidence-Based Management of Labour Migration in Armenia which was funded by European Commission Thematic Programme Cooperation with Third Countries in the areas of Migration and Asyum and the IOM Deveopment Fund. It was impemented by the Internationa Centre for Human Deveopment and the IOM Mission in Armenia. The study identified gaps and ambiguities in egisation, in conjunction with EU migration aw and procedures, and made recommendations on how the two systems coud be brought more in ine with each other. With such reativey recent reference materia to draw on, it is not necessary to examine a migration egisation in depth in this assessment, but rather to ook at what aw wi be predominanty appicabe to managing a mass infux of migrants in a egay compiant and humanitarian manner. This said, it is reevant to review, in abridged form, the provisions of the aw on foreigners to carify norma requirements for entry in conjunction with how they are or can be adapted to respond crisis mass movements. 35 Law of the Repubic of Armenia on State Border, Officia Journa of Armenia (OJA), No. 41(173), 25 December 2001 (hereinafter Law on State Border). 36 Law of the Repubic of Armenia on Border Guard Troops, Officia Journa of Armenia (OJA) No. 41(173), 25 December Repubic of Armenia Law on Foreigners, adopted on 25 December 2006 and amended on 2 February Artice 1/3 Law on Foreigners. 27

29 REGULATORY FRAMEWORK Entry Requirements Starting with basics, the Law on Foreigners specifies that a vaid passport, vaid visa or vaid residency permit is required to enter the country. 39 A passport or trave document is defined as an internationay recognized trave document verifying identity, issued by a foreign State or internationa organization, which authorizes the foreigner to cross internationa borders. Visa Requirements Visas are egay defined as an authorization by the pubic administration body of Armenia, which entites the foreigner to either entry or transit through Armenia, stay in Armenia and exit from Armenia within terms indicated therein. 40 It shoud be noted that visas do not currenty require submission of biometric data i.e. fingerprints. Citizens of the Commonweath of Independent States (CIS) countries (with the exception of Turkmenistan), citizens of the EU and citizens of Schengen countries benefit from a visa waiver and are aowed to stay for a maximum period of 180 days in one year 41 without a visa. Nationas of 63 countries need to obtain a visa at consuar posts of the Armenian embassies abroad, based on an invitation etter, in which a sponsor in Armenia needs to guarantee support and accommodation expenses reated to the stay of the invited foreigner. 42 The Ministry of Foreign Affairs processes visa appications made abroad and the approva and registration of invitations is reguated by Decree 62-N. Visa appicants do not need to provide other supporting documents, such as proof of accommodation, documents indicating the purpose of the journey, proof of sufficient means of subsistence or medica insurance, which is not in ine with internationa best practice. Under certain circumstances, in accordance with Decree Number 1154-N of 8 October 2008, foreigners may obtain visas without an invitation etter: Nationas of Armenian origin of foreign States based on documents proving Armenian origin provided by reigious and community organizations, as we as State entities; Cose reatives of Armenian nationas and foreign nationas of Armenian origin (parent, brother, sister, spouse, chid, grandmother, grandfather, grandchid) based on officia documents proving the reationship; 39 Artice Artice Pursuant to the Governmenta Decree of the Repubic of Armenia No N dated October 4, 2012, the citizens of the EU Member-States and the Schengen Acquis States sha be exempted from the visa requirement for trave to and stay in the Repubic of Armenia beginning from January 10, Furthermore, there is aso a visa free regime with the CIS countries estabished by the Agreement on Visa-free Movement of Citizens of the CIS-Countries on the Territory of the Member States ratified on October 9, 1992 in Bishkek, Kyrgyzstan. Armenia has signed a biatera agreement with Georgia in 1993 about visa-free regime for their citizens. 42 Decision of the Government of the Repubic of Armenia No. 329-N of 4 Apri 2008 on the ist of the States whose citizens can appy for an invitation-based entry visa ony in the consuar and dipomatic authorities of Armenia in foreign countries, Officia Journa of Armenia No. 24 (614), 23 Apri 2008, subsequenty amended on 14 Juy 2011 by the decision No. 966-N, on 28 June 2012 by the decision No. 823-N, on 26 Juy 2012 by the decision No. 941-N (hereinafter Governmenta Decision No. 329-N). 28

30 Persons having dipomatic and service (officia, specia) passports of foreign States, if there is no arrangement with the foreign State for visit of such peope without an entry visa; Members of officia deegations of foreign States based on note from the MFA of the foreign State or dipomatic mission or consuar office of the foreign State accredited to the host country of the dipomatic mission of the Repubic of Armenia; Nationas of foreign States working at internationa organizations having dipomatic status based on notes from the headquarters or representations of these organizations; Nationas of foreign States, whose activities in the Repubic of Armenia contribute to the deveopment of economic ties; Persons of any other category - in accordance with agreement between the foreign State and Armenia based on the instruction of the MFA. The exemptions above, which simpify the visa appication process, are a first step in recognizing that there are benefits to faciitating the entry of specified categories of migrants and from the HBM point of view, given that it has been estabished that the most ikey composition of mass movements wi be foreign nationas of Armenian ethnic origin, it is a wecome provision. Any caim to Armenian ethnic origin, according to the Order No. 1/1199-N, 43 shoud be supported by indicators such as a passport, knowedge of Armenian anguage, an Armenian name and baptism certificate. Visas can be issued at BCPs by the Poice for nationas of approximatey 20 countries, among them, for exampe, citizens of the United States. These nationas are aso entited to appy for a visa eectronicay (e-visas). Armenia introduced e-visas in 2002 and was one of the first countries to do so. The appication process normay takes 2 days. The procedure is as foows: A foreigner appies at home; pays the visa fee; tracks his/her appication through a unique reference number onine; prints the visa confirmation and presents it on arriva. The e-visa is downoaded to the Border Management Information System (BMIS) and checked against the aert ist. Requirements for Resident Permits A residence permit is issued by the Armenian authorities after the period of vaidity of the visa expires and other preconditions are met. There are three different types of residence status: 44 Temporary residence status - issued by the poice (for the purpose of study, work, entrepreneuria activities, marriage with a citizen of Armenia, cose reatives of Armenian nationas and for those of Armenian 43 Order on the procedure on submitting the document confirming Armenian identity/origin to a dipomatic mission or consuar institution of the Repubic of Armenia in foreign States and certification of the submitted document by a dipomatic mission or consuar institution of the Repubic of Armenia. 44 Artices of the Law on Foreigners. 29

31 REGULATORY FRAMEWORK origin), and documented by the issuance of a temporary residence card with a vaidity of a maximum of one year and the possibiity of extension; Permanent residence status - issued by the poice (for foreigners with cose reatives in the Repubic of Armenia, for those with accommodation and means of subsistence, if they resided in Armenia for three years) 45 which is documented by the issue of a permanent residence card for a renewabe period of five years; Specia residence status 46 - (for foreigners of Armenian origin and other foreigners who carry out economic or cutura activities in Armenia) which is documented by the issue of a specia passport for a renewabe period of 10 years. In theory, if a foreigner wants to take empoyment in Armenia, according to the Artice 22 of the Law on Foreigners, he/she requires a work permit. In practice, the poice issue temporary residence cards to foreigners for empoyment whenever a potentia migrant worker is sponsored by an empoyer. This means that access by foreigners to the abour market is ony oosey controed or reguated and the abour market is, in effect, reativey easiy accessibe to foreign citizens, except for specified categories of empoyment reserved for Armenian nationas. It refects the reaity of the situation of Armenia being a source country for migrants, not a destination, and an acknowedgement by egisators that skied abour from outside the country is a benefit to the economy. As far as irreguar migration is concerned, there is no definition in Armenian egisation. Poicy documents define it as those who: entered the given country without permission; entered the given country on a ega basis but have not renewed their work permit; remain in the country after the rejection of their appication for asyum; stay in the country does not compy with the goa specified in the entry permit; stay in the given country onger than decared in the entry permit or the term defined by aws. 47 Iega border crossing is defined in artice 329 of the Crimina Code as Crossing the guarded State border of the Repubic of Armenia without reevant documents or permits. According to the Crimina Code, other offences reated to irreguar migration besides the iega entry incude: Iega entrepreneuria activity without appropriate residence status/work permit; According to Artice 16/1 of the Law on Foreigners, the permit can aso be granted to a foreigner of Armenian origin and to a foreigner carrying out entrepreneuria activities in Armenia. 46 Issued by the poice or by the dipomatic or consuar entity of the Repubic of Armenia in a foreign country based on the decision of the President of Armenia. 47 Extract, Session Minutes, Repubic of Armenia Government, On approving the Concept on Studying and Preventing Irreguar Migration Originating from the Repubic of Armenia, p Artice 188 of the Crimina Code. 30

32 Swinding, 49 theft and damage to documents/stamps/seas; 50 Forgery, sae or use of forged documents/stamps/seas/vehice icence pates; 51 Sae, purchase of officia documents or State decorations. 52 Foreigners those crossing the border iegay outside of the officia border crossing points or in a candestine manner (for exampe hidden in trucks). 53 Artice of the Crimina Code 54 deas with peope smugging and contains foowing definition without specifying the meaning of mercenary ends and penaises irreguar entry, transit, stay and exit: 1. The organization of a person s iega entry into the Repubic of Armenia, or iega exit from the Repubic of Armenia, or iega stay in the Repubic of Armenia, or iega transit through the Repubic of Armenia, which was done for mercenary ends is punished with imprisonment for maximum three years. 2. The organization of RA citizens iega exit from the Repubic of Armenia, iega entry into the Repubic of Armenia or iega stay in the Repubic of Armenia which was done for mercenary ends is punished with imprisonment for maximum three years. 3. The same act within 1 Artice and 2 Artice, committed: towards two or more persons; by a group of peope with prior agreement or by an organized group; in the conditions dangerous to human ife and heath or in the conditions humiiating human honour and dignity; by expoitation of position. is punishabe with imprisonment for three to eight years, with confiscation of property or without it, with being deprived from the right to hod certain positions or be engaged in certain activities for a maximum three year period, or without it. Asyum Legisation Asyum egisation is the most reevant to a response to mass migration in a crisis at borders and is contained in the Constitution of the Repubic of Armenia, the Law on Poitica Asyum and the Law of the Repubic of Armenia on Refugees and Asyum. It provides the ega basis for granting asyum and treatment of asyum seekers and refugees in Armenia. It distinguishes between two different forms of asyum: poitica asyum that is granted 49 Artice 178 of the Crimina Code. 50 Artice 324 of the Crimina Code. 51 Artice 325 of the Crimina Code. 52 Artice 326 of the Crimina Code. 53 Crimina Code Section 12 Crimes against miitary service, Chapter 32 Crimes against miitary service, and Artice 329 Iega State border crossing. 54 Non-Officia Transation from Armenian, Draft Law of the Repubic of Armenia on Amending the Crimina Code of the Repubic of Armenia, Addition to the RA Crimina Code dated 18 Apri, 2003 with the Artice

33 REGULATORY FRAMEWORK according to the Law on Poitica Asyum to pubicy we-known foreigners who experienced persecution in their countries of origin and is granted by the decision of the President of Armenia. 55 At the same time, the Law on Refugees and Asyum of the Repubic of Armenia (Law on Refugees and Asyum) provides protection to foreign nationas or stateess persons in accordance with the provisions of the 1951 Convention Reating to the Status of Refugees (Geneva Convention), in accordance with the principe of non-refouement 56 as we as to foreign citizens or stateess persons recognized as a refugee by another State, if he/she has egay entered Armenia and has a vaid residence permit in Armenia. Under Artice 13/2 of the Law on Refugees and Asyum, it is possibe to caim asyum both at the border and within the territory of Armenia and appications can be made in writing or communicated oray. 57 Different procedures appy to asyum seekers caiming asyum at the border, those staying iegay in Armenia and those staying egay in Armenia. When an asyum caim is made at the border, the Border Guards register the asyum request and inform the State Migration Service (SMS). Documentary procedures for reguating registration of asyum seekers at borders and their subsequent referra to SMS were estabished by joint decree between the poice, MTA and NSS in SMS, as we as being responsibe for deveopment, coordination, monitoring and impementation of migration poicies, is aso the competent authority for the centraized registration of asyum seekers and refugees, processing of asyum appications and in the first instance, making asyum decisions. It is a specia pubic operationa agency of the MTAD. Currenty, there are no forma SOPs outining the functions of border guards in identification and referra of asyum seekers at borders. The recenty estabished Armenia Inter-Agency Working Group on Protection-Sensitive Entry Systems with participation of UNHCR, IOM, NSS border guards, SMS and the Armenian Red Cross Society are currenty working to support the government to draft the reevant SOP. Asyum seekers wi either be directed by border guards to go on their own to SMS or wi be coected up by SMS to register the caim at their premises. Whie asyum seekers who entered Armenia egay are housed in the Reception Centre for Asyum Seekers and enjoy freedom of movement, those staying iegay, without either a vaid visa or vaid trave documents, can be detained for up to 72 hours in a specia sheter, from where they may be subsequenty transferred to the temporary reception centre for asyum seekers. 58 The Law on Refugees and Asyum in Artice 28 specifies that asyum seekers sha not bear crimina or administrative iabiity for iega entry or stay in Armenia. Temporary Protection The procedure for individua asyum appications is perfecty workabe at BCPs under norma circumstances, when such appications are few and far between. According to interviews with State Migration Service during an IOM assessment of migrant accommodation 59 in September 2013, over the previous 13 years, a maximum of five appications for asyum were made at border crossing points. Ceary, though, a mass infux woud pace severe strain on resources and require specia measures as there woud be ikey to be an urgent need to move 55 Artice 55 para. 15 Constitution of the Repubic of Armenia. 56 Artice 2 para. 1 in connection with Artice 9 of the Law on Refugees and Asyum. 57 Furthermore, it is aso possibe to use sign anguage. 58 Artice 47 Law on Refugees and Asyum. 59 A Needs Assessment Of Specia Accommodation Centres For Foreigners December

34 peope away from BCPs, particuary if the crisis was driven by confict. The egisation acknowedges this and specificay provides for temporary protection to be appied in the event of a mass infux. The main difference between temporary protection and asyum protection is that for temporary protection, no individua procedure is carried out. The scope of the rights and protection granted does not differ from genera asyum protection, but the group of beneficiaries is more imited as they must be specified by the government, generay at the instigation of SMS, the Poice, NSS, the MFA, UNHCR or IOM. Artice 3, combined with Artice 6, estabishes the scope of appication of temporary protection and specifies that asyum has to be granted to refugees, as defined by the Geneva Convention, who fee to the Repubic of Armenia, without undergoing an individua asyum procedure. Foreign nationas who are granted asyum in this way shoud receive the same rights and have the same obigations as refugees individuay granted asyum. 60 This egisation aowed for fast streaming of asyum processing during mass movements, but the scope of it had been questioned, in so far as it specified that refugees have to come from countries bordering Armenia and imits the definition of refugees to that covered by the Geneva Convention. The government, however, responded to questions raised over this and according to the SMS, deeted the geographica imitation so that Artice 3 appies to a group who - irrespective of whether the State is bordering or not - have eft their country owing to reasons outined by Artice 6 of the aw. It was aso suggested that if there was a mass infux, the Government shoud identify the area under threat, which woud not necessariy incude the whoe country. Migrants arriving woud then be identified as meeting the government definition of refugee, registered as such and given refugee status unti the situation in their country was resoved. 61 Documentation According to the Law on Refugees and Asyum, refugees granted temporary protection must be issued with Identity Documents for Refugees Granted Temporary Protection, which has to be repaced by a Convention Trave Document subsequenty. 62 The procedure for the exchange of documents and the design and format of identity documents for refugees granted temporary protection must be approved by the Government of the Repubic of Armenia. However, in an update as a resut of the Syrian movement, egisation was recenty changed to enabe asyum seekers to get simiar identity documentation to that given to Armenian citizens, such as nationa I/D cards and trave documents to cover both interna and externa use. It was aso anticipated that fingerprints wi be coected from refugees as part of a genera movement to issue more secure documents and by 2017 tenders wi be invited to suppy internationay compiant documents Artice 62 para. 1 of the Law on Refugees and Asyum. 61 Interview at the SMS 11 February Artice 62 para. 7 of the Law on Refugees and Asyum. 63 Interview with the Department of Passports and Visas of the Armenian Poice Yerevan, 8 February

35 REGULATORY FRAMEWORK Ending of Temporary Protection Artice 63 stipuates that if there are strong indications that the situation in the country of origin has normaized or, if the nationa security situation warrants, the Government may, upon the joint suggestion of the Ministry of Foreign Affairs (MFA) and the NSS, cease the temporary protection for the particuar group concerned. In such cases the members no onger benefit from the rights defined for temporary protected persons. They have the right to aunch an individua asyum appication, which has to be examined in an individua asyum procedure. 64 The cessation, as we as canceation of refugee status and asyum with regard to individua members of the group, must be in accordance with the same rues as for refugees who have received asyum in an individua procedure Proposed Amendments A Working Group, co-chaired by SMS and UNHCR, was estabished to deveop draft amendments to the Law on Refugees and Asyum that were tabed before the Nationa Assemby in eary 2015, and outined in a UNHCR briefing paper in the foowing terms: The draft contains an extensive ist of amendments, which inter aia provide for: granting asyum in case of mass infux to groups who eft not just bordering States but aso other countries; the possibiity for famiy members of the principa appicant to make an independent caim, when they are affected by a canceation or cessation decision; introduction of more comprehensive procedura guarantees for vunerabe asyum seekers and refugees; cearer distinctions among important concepts of excusion, cessation and canceation; financia assistance aso to those asyum-seekers who are not paced in the reception centre; free ega aid to asyum seekers and refugees; integration programmes; timeframe for examination of asyum caims; power for detention/prison administration to receive and refer asyum appications; introduction of strengthened procedura guarantees for asyum-seekers; and ICAO compiant Convention Trave Documents and ID cards. 66 They were subsequenty adopted in ate 2015 and came into effect in mid-january Asyum and Protection Initiatives Largey in response to the arriva of Syrian refugees, the government adopted streamined procedures, which were outined in a UNHCR briefing to the dipomatic community 67 in November 2015, which said: The Infux to Armenia of persons dispaced due to the on-going confict in Syria, primariy of ethnic Armenian background continued throughout the year, with peaks of arrivas having been observed during the summer months. According to the authorities over 20,000 dispaced from Syria had at one stage of their fight arrived in Armenia of whom 16-17,000 are presenty remaining in the country. 64 Artice 63 para. 2 of the Law on Refugees and Asyum. 65 Artice 63 para. 3 of the Law on Refugees and Asyum. 66 Update on key egisative deveopments in the fied of asyum, refugee protection and stateessness in Armenia 2014 and Key Messages at the Briefing for Members of the Dipomatic Community - Yerevan, 18 November

36 The Government continues to pursue, in principe, a receptive approach offering different protection options, namey acceerated asyum-procedures (at 100% recognition rate, irrespective of ethnic background), (ii) faciitated naturaization of persons of ethnic Armenian Background and (iii) granting of mid or onger term residence permits. Most arrivas from the Syrian Arab Repubic increasingy opt for the naturaization option, some, however, with the intention to use Armenian trave documents for onward migration, in particuar to the Guf States. According to data provided by the Poice between 2012 and June 2015 a tota of 15,465 persons dispaced from the Syrian Arab Repubic were granted Armenia Citizenship. Naturaization procedures have been streamined and acceerated. Whie in 2013/14 it often coud take 6-10 months to concude the naturaization procedures now frequenty appications are processed within 3 months (due to change in the egisation, as we). Figures provided by the MOD indicate that as a resut of the Syrian confict, the Armenian community of the Syrian Arab Repubic decreased from 80,000 to between 20,000 and 25,000. During 2012 to 2015, 20,000 Syrian refugees arrived in Armenia. After the infux between 2011 and 2013, it is estimated that 3,000 to 4,000 Syrians returned to the Syrian Arab Repubic and about 17,000 setted in Armenia. The streamined procedures were further outined by the Passports and Visas Department (PVD) of the Poice during interviews in Yerevan on 8 February 2016, when it was stated that citizenship egisation reating to refugees was recenty changed to aow faster naturaization for foreign nationas of Armenian extraction and those married to Armenians. Prior to amendment, the aw required a three-year period of residence before naturaization, but this is no onger required and it can be appied for from the PVD immediatey they quaify for residence. This amendment was seen as important in heping integration and protecting rights. On initia appication for asyum, the SMS issues a refugee certificate vaid for two months after which, if asyum is granted, residence/naturaization can aso be granted. If asyum is refused, there is an appea system which can proong the process by years. 2.5 Internationa Conventions and Agreements Armenia is a signatory to most United Conventions and Protocos and has signed and ratified those most important to the protection of migrants and refugees ikey to be invoved in crisis mass movements across borders. These, in terms of HBM, are: The Universa Decaration of Human Rights; The Convention Reating to the Status of Refugees and its Optiona Protoco; The Convention Reating to the Status of Stateess Persons; The Convention on the Rights of the Chid; The Convention Against Torture and other crue, Inhuman or Degrading Treatment or Punishment; The Convention on the Eimination of a Forms of Discrimination Against Women; The Internationa Convention on the Eimination of a forms of Racia Discrimination; The Convention on the Rights of Persons with Disabiities; 35

37 REGULATORY FRAMEWORK The Convention Against Transnationa Organised Crime; The Protoco Against the Smugging of Migrants by Land, Sea and Air; Paermo Protoco to Paermo Protoco to Prevent, Suppress and Punish Trafficking in Persons, Especiay Women and Chidren. The Armenian Constitution specifies that ratified internationa and regiona treaties become automaticay part of Armenia s domestic egisation and if a ratified internationa treaty stipuates norms other than those stipuated in the aws, the norms of the treaty sha prevai. 68 Fundamenta rights and freedoms are aso enshrined in the Repubic of Armenia Constitution, compatibe with internationa aw, and appicabe to citizens, residents, migrants and asyum seekers aike. Armenia is a member of various internationa organizations, incuding: United Nations Organizations; Commonweath of Independent States; Counci of Europe; Eurasian Economic Union; Back Sea Economic Cooperation Coective Security Treaty Organizations; Organization for Security and Cooperation in Europe. The principa document reguating Armenia s reations with the EU is the Partnership and Cooperation Agreement, which came into force in 1999 for a period of 10 years. It is automaticay renewed year by year, according to the reevant provision of the Agreement. Armenia-EU cooperation is aso reguated by the EU-Armenia ENP Action Pan, which was adopted on 14 November 2006 in Brusses. According to the ENP Action Pan, a number of priority areas of cooperation have been identified, such as the rue of aw, strengthening democratic institutions, respect for human rights and fundamenta freedoms and improving the investment environment. The ist of actions for impementation of the EU-Armenia ENP Action Pan for 2014 en dash 2015 was approved by the President Sargsyan s decree of 23 Apri The Eastern Partnership was aunched at the Prague summit of the Heads of State and Government of EU Member States and six Eastern Partner countries in on 7 May 2009, during which a joint decaration was adopted. Mutiatera cooperation within the Eastern Partnership takes pace through four patforms: democracy, good governance and stabiity; economic integration and convergence with EU poicies; energy security; peope to peope contacts. A Joint Decaration on the Mobiity Partnership between Armenia and EU was signed on 27 October 2011 in Luxemburg, confirming their commitment to improving faciitation of movement of persons between Armenia and the European Union, whist working to ensure better management of migration fows, incuding preventing and reducing irreguar immigration, according to the best internationa standards Artice 6 of the Constitution of the Repubic of Armenia st JUSTICE and HOME AFFAIRS Counci meeting Luxembourg, 27 and 28 October

38 Within the framework of the Mobiity Partnership, since March 2013, targeted initiatives for strengthening Armenia s migration management capacities, with specia focus on reintegration, has been impemented. Armenia and EU signed an Agreement on Visa Faciitation on 17 December 2012 and an Agreement on Readmission on 19 Apri Both agreements came into force on 1 January The EU-Armenia Visa Faciitation Agreement provides for simpified procedures for issuing entry visas to EU countries for a number of categories of Armenian citizens and since January 2013, a citizens of the EU Member States, as we as of those appying the Schengen Acquis, are exempt from visa requirement when visiting Armenia. 70 The above are a synopsis of conventions and agreements entered into by Armenia and many others exist, in various different fieds, incuding returns agreements with non-eu countries. They serve, in the context of this assessment, to demonstrate the government of Armenia s poicy of taking an active roe on the internationa stage and its commitment to bringing migration, human rights and asyum egisation in ine with best internationa practice. 2.6 Evauation - Poicy and Legisation The migration poicy of the government of Armenia, in terms of humanitarian border management, is directed firmy towards safeguarding the rights of individuas and nationa/ethnic groups. This is demonstrated by the way in which the processing of a reativey arge number of Syrians was met with a pragmatic reaxation of requirements to quaify for nationaity for those of Armenian ethnic origin and the ready acceptance into the asyum system of those who were not. It was acknowedged by UNHCR that, athough refugees who are not of Armenian ethnicity are processed differenty, good quaity case assessments are done by SMS and some appicants were recognized as refugees ast year. However, it was aso reported that the recognition rate for appicants who are not of Armenian ethnicity has dropped since the Paris attacks, with a perception that heightened security concerns may be infuencing the decision-making. It is not cear, at the time of writing, whether this has resuted in rejections of asyum and if so, what nationaities are invoved. Aso, the poicy of recognizing migrants from war zones appears to be working as Ukrainians are being accepted and around 200 have so far appied. 71 In terms of poicy at an operationa eve, some of the actions centra to HBM have been extracted and detaied above from Action Pan and Timetabe for Impementation of The Border Security and Integrated State Border Management Strategy of The Repubic of Armenia ( ). As far as can be determined, there has not yet been a forma reassessment or update of progress on impementation of the pan, which is perhaps not surprising given that it was schedued to run unti However, if this is not yet work in progress, it is suggested that it be started as soon as possibe. The IOM report Anaysis of Armenian Migration Legisation and Practice as Compared to EU Standards 2013 comprehensivey reviewed egisation and identified gaps and inconsistencies, some of which were addressed in draft amendments to the Law on Refugees and Asyum that were tabed before the 70 Taken from the website of the Ministry of Foreign Affairs, Repubic of Armenia Interview with UNHCR, Yerevan, 12 February

39 REGULATORY FRAMEWORK Nationa Assemby in eary These amendments were schedued for adoption in eary 2016, but it is not yet cear whether they have been. It is not appropriate in this assessment to re-visit a the recommendations made in the anaysis report, but given that over two years have eapsed since it was pubished, it may now be prudent to initiate a review of what progress has been made. If it is decided to conduct a reassessment, it woud be beneficia, at the same time, to ook at how migration egisation is constructed, with a view to amagamating the aws on foreigners and the aws on refugees and asyum into one migration and asyum egisative instrument. This woud have the advantage of integrating recent amendments, providing one point of reference for stakehoders, introducing greater carity and eiminating overap and dupication. Finay, specificay in terms of mass movements at borders, it shoud be noted that athough the aw aows for temporary protection of particuar migrant groups during a mass infux, what constitutes a mass infux is not defined. It is possibe, therefore, that if a crisis deveops very quicky, confusion wi occur over when to invoke group protection and who for. It may be sufficient to deegate authority, in the first instance, to the crisis manager at the BCP, but the aw shoud aow for this and the crisis management structure shoud be made cear in standard operating procedures (SOPs). 38

40 3. ADMINISTRATION Border management in Armenia is reativey straightforward and the roes of the agencies invoved in it are ceary defined in the routine operation of BCPs and interna contro. However, when considering the wider impications of HBM reating to the mass movement of migrants during a crisis, additiona chaenges are presented, which require the invovement of other agencies and organizations in the disaster management structure. It is therefore pertinent to first ook at the norma agency structure and responsibiities at BCPs, before examining in more detai how agencies can become invoved at an operationa eve. 3.1 Structure of Border Crossing Points The agency with primacy for migration management and contro at BCPs is the Border Guard Troops detachment which comes under the overa remit of NSS. Their responsibiity is entirey for BCPs, whie the NSS is responsibe for a security matters within the State. The responsibiities of the border guard are to: Check documents of persons and means of transportation and oads; carried by them as required by aw; Process asyum appications odged at borders; Prevent crime and irreguar migration; Manage the Border Management Information System. Other agencies present at BCPs are: The Repubic of Armenia State Customs Service of State Revenue Committee; The Repubic of Armenia Poice, Passports and Visas Department; The Repubic of Armenia Ministry of Agricuture, Veterinary and Phytosanitary Inspectorates of the State Food Security Service; State Heath Inspectorate of the Repubic of Armenia Ministry of Heathcare. State Customs Service of the Repubic of Armenia is responsibe for foreign trade management, economic security and interna market protection by appying egisation governing goods and vehices through borders, which incudes the interception of contraband such the iega transportation of drugs, objects with cutura, historica and archaeoogica importance, inteectua property objects, and animas and pants under the threat of destruction. 39

41 ADMINISTRATION The Passports and Visas Department of the RA Poice deas with a matters reating to foreigners, incuding civi protection and maintaining pubic order in crisis situations. It has officers at BCPs to hande visa appications on arriva, but the first point of contact for asyum seekers are border guards and after they enter, responsibiity for processing asyum seekers passes to the State Migration Service (SMS). After this, they are passed to the Poice Department of Visas and Registration, for registration and documentation. Veterinary and Phytosanitary Inspectorates of the State Food Security Service of the Ministry of Agricuture, has a presence at a BCPs, where officers carry out veterinary-sanitary, phytosanitary and sanitary-hygienic oversight of goods that are subject to import, export, transport and transit. The State Heath Inspectorate of the Repubic of Armenia Ministry of Heathcare staff is responsibe for heath issues at borders and maintains a presence in the form of structura sub-divisions of borderine medica-sanitary inspection points at 7 BCPs - Zvartnots and Shirak airports, Bavra, Gogavan, Bagratashen and Meghri and BCPs and Ayrum rai terminus - in the form of Borderine Medica-Sanitary Inspection Points. It is responsibe for sanitary protection and contro at the borders and in time of crisis mass movements, woud carry out duties incuding medica examinations, organizing hospitaization, organizing primary heath care and putting in pace preventative measures for individuas who had been in contact with sick peope. 3.2 Humanitarian Border Management and Reated Training Foowing recruitment, border guard officers are posted to BCPs after an induction training course asting between 30 and 40 days, which covers subjects described as standard BCP matters. These incude document checks, normative ega acts reguating the activities of border contro service agencies, migration, trafficking and smugging of persons, internationa and biatera issues, etc. Refresher training was said to be reguar, on an annua basis, covering new deveopments, ega matters, document fraud, etc. Training is conducted at the Border Guard Training Centre in Yerevan. Specific crisis training was said to be part of the overa curricuum and incuded arge scae refugee and asyum movements at borders. In interviews with border guards, it was emphasized that officers were taught what to do in emergencies. The Heath Inspectorate currenty runs training programmes for border guards and customs officers on identifying and deaing with different hazards, such as bioogica and chemica threats, particuary in respect of cooperation with other agencies. This is buit into basic training for officers and additiona instruction can be given afterwards. Currenty under deveopment for incusion in future basic training, is instruction for border guards and customs officer to profie and recognise traveers who may pose a heath risk. Ad hoc training is aso provided as risks emerge. In addition to in-house training, in a meeting with the Armenian Red Cross Society, it was reported that the Society has been running a project for some years to hep buid capacity for Border Guards, PVD, the army and Border Guard Troops in areas reating to vunerabe migrants, incuding oca egisation, internationa conventions, reproductive heath, gender based vioence, treatment of irreguar migrants, psychoogica profiing and deaing with victims of trauma. A training programme is due to start this year to provide a 1 day course at each BCP per year, to ensure that a staff in the migrant structure are propery trained. 40

42 In the time avaiabe, it was not possibe to conduct a training needs anaysis, but a training review conducted in 2011 as part of an IOM technica border needs assessment of Armenia 72 recommended that training of trainers modues be deveoped to estabish speciaized advanced training courses in: Modern (integrated) Border Management Concepts; Identification of frauduent documents; Risk profiing/risk management; Procedures for in depth secondary examination of documents and traveers; Interviewing Techniques; Human trafficking and identification of victims of trafficking; Migration and heath; Trans-nationa crime and terrorism. From the information given by border guards, it is probabe that some, if not a of these subjects are now incuded in training programmes, but it is not cear whether they are deivered at a basic eve during induction training or conducted ater at a speciaist eve. Additionay, the invovement of the UNHCR and the Red Cross Society in an extended programme of training in the subjects being deivered under their auspices, which are a directy reevant to HBM and the management of mass migrant movements, woud tend to indicate that they are additiona to what is currenty incuded in the existing border guard training curricuum. As such, consideration shoud be given to conducting a new review of the current border guard training programme at a eves, to ensure that HBM concepts are fuy covered and the Red Cross input is institutionaized within it, thus providing continuity when the schedued programme at BCPs has been competed. At the very east, if it is not currenty provided, rapid response teams and senior managers at BCPs shoud receive speciaist training on crisis management in genera and, specificay, on its appication during mass migrant movements. As part of a training needs anaysis, it woud be usefu to ook at the channes of communication between the centra training unit and BCPs. If the communications network is not formay estabished, consideration coud be given to upgrading the existing structure with a system of training iaison officers (TLOs) to act as specificay designated points of contact with BCPs. TLOs need not be trainers, athough a background in training woud be usefu but, faiing this, basic instruction in port training issues and administration woud be desirabe and coud be reativey easiy provided. TLOs woud be responsibe for highighting oca training issues, encouraging their coeagues to do mandatory courses, organizing oca training on behaf of the training unit and disseminating training materia and instructions. TLO woud not be a fu time roe and designated officers coud fit it around their norma duties, with time aocated by supervisors when needed. 72 IOM report Technica Border Needs Assessment, Armenia May Project funded by the US Government. 41

43 ADMINISTRATION 3.3 Interagency Emergency Response Structure, Roes and Responsibiities This section seeks to examine how the main government agencies and internationa organizations see their roe in disaster management, in order to buid a broad picture of readiness to respond to a mass infux of migrants across borders in terms of contingency panning and cooperation. Repubic of Armenia Ministry of Emergency Situations MES is the ministry with overa responsibiity for management of emergencies to protect the popuation and infrastructure of the country. Its constituent parts incude: 42 Rescue services; Fire fighters; The Nationa Service for Safety and Protection; State Hydrometeoroogica and Monitoring Service Technica Safety; State Reserve and Stockpies of Equipment. MES is heaviy invoved with contingency panning for a types of disasters and emergencies and was described as operating within a horizonta and vertica structure. The vertica organization is within the Ministry, running from centra eve to provincia eve and on to community eve. The horizonta structure is iaison and cooperation with other government, non-governmenta and internationa organizations. An exampe was given of ministry disaster management teams (DMT) being partnered with UN disaster management teams (UNDMT) and on a wider pain, to most if not a internationa organizations in the country. Contingency panning was said to foow the UN SENDAI framework for disaster risk reduction, which was agreed by UN member nations in 2015 and covers strategic panning at nationa eve, foowed by agency, regiona, community and faciity eves. The invovement of Internationa organizations in risk reduction incudes the distribution structure, training, humanitarian aid, damage imitation and resource procurement. MES is invoved in panning for a types of disaster in the context of borders, which incudes natura disasters - earthquakes, andsides, foods, drought, famine, rain and hai and industria disasters - technoogica, chemica, bioogica, radioogica and nucear (CBRN). Whist in the past, mass movements of peope dispaced internay by such events had been incuded in panning, it was ony reativey recenty that cross-border movements had started to be considered for incusion in contingency panning. Border reated risk reduction incudes radioogica risks e.g. movement of hazardous substances across borders and from the bioogica perspective, diseases causing epidemics such as Swine Africa Fever and Avian fu. The atter had, in the past, invoved the Ministry of Agricuture and the Ministry of Heath working together to screen traveers and disinfect vehices. Panning reating to the smugging and iega transfer of radioogica and bioogica substances had invoved exercises at borders requiring joint working between severa agencies, incuding the Border Guard, customs, Ministry of Defence poice and MES. Capacity-buiding in the detection of radioactive and bioogica substances was underway, with the cooperation of UNDMT, and BCPs wi receive more detection equipment to increase monitoring at borders. Two speciaized vehices wi be

44 depoyed, one in the north and one in the south and territoria units cose to the border wi have speciaized equipment and train jointy with the Georgians. As far as mass migration across borders, rather than internay dispaced persons, was concerned, the main scenario was said to be a confict situation somewhere in the region. As a resut of the 2008 Russian/Georgian confict, which resuted in higher eves of cross-border traffic, but not at a sufficient eve to exceed the existing capacity of border agencies to dea with it, an ad hoc government pan was deveoped for a response to a hypothetica 30,000 migrant exodus from Georgia. This incuded tactica considerations such as accommodation, hospitas and schoos. The pan was never required and was never made generic to a border emergencies. It was acknowedged that it shoud be re-visited with a view to incusion in future panning. Repubic of Armenia State Migration Service SMS SMS is the agency responsibe for poicy deveopment in the fied of migration and coordinating the actions of a other agencies in the migration structure. Essentiay, anything reating to migration shoud be routed through SMS. In addition to poicy, SMS has service functions and is entirey responsibe for processing and deciding asyum appications. It aso has input to the deveopment of returns agreements, deaing with irreguar migration, etc. The Service interviews a asyum appicants and issues a certificate vaid for 2 months, after which, if asyum is approved, the PVD wi grant residence or naturaization. To identify issues in the migration fied, SMS provides poiticians with information designed to make them more aware, but are hindered by a ack of detaied statistica information. The register of popuation was said to be out of date and information on passenger fow in and out of the country, which was obtained from BMIS, did not differentiate between reguar passengers and migrants. In genera terms, emigration was perceived as being a greater economic threat to the country than immigration and it was roughy estimated that over the previous 25 years, up to 25 per cent of the popuation had emigrated. This mainy appied to abour migration, with the principa destination country being the Russian Federation. Repubic of Armenia Ministry of Labour and Socia Affairs MLSA The Ministry is responsibe administering the State socia security system and in the event of a mass infux of migrants, woud be required to integrate them into the existing system. It has a network of regiona offices throughout Armenia, 19 of which are one-stop-shops for a variety of benefits and assistance and a further 30 integrated offices are panned. The offices essentiay dea with empoyment, disabiity, socia services and aowances, such as famiy benefits, pensions, etc. The ministry aso administers various estabishments across the country, such as orphanages, boarding schoos and edery peopes homes. Whist the Ministry has no specific unit for emergencies, they have officers who are foca points for contingency panning, which incudes civi protection, martia aw, earthquakes, etc. and are activey invoved in cross government panning. In 2015 it was invoved in a nationa exercise 73 based on a need to evacuate and reocate 6 viages in the north of the country, which invoved 460 inhabitants. The ministry organized provision of food and sheter, identified educationa faciities and depoyed socia workers and medica assistance in conjunction with 73 The Exercise was codenamed SHANT and wi be covered in a ater section. 43

45 ADMINISTRATION other ministries. Having covered interna dispacement, the Ministry acknowedges that Armenia is in a turbuent region and is currenty ooking at migrant dispacement across borders, the most ikey being from Georgia and/or Turkey. There were said to be 500,000 ethnic Armenians in Georgia and it was suggested that an interna escaation in miitary action by Turkey against Kurds may provoke cross-border movements, even though the border is cosed. An interesting observation was made reating to the minor exodus precipitated by the 2008 Russian/Georgian confict, in so far as petro suppies in Yerevan quicky dried up as the commercia freight routes to and from the Back Sea ports was disrupted by miitary movements. Presumaby, any mass movement of migrants, particuary if a significant number of vehices were invoved, coud have simiar consequences. It was fet that the roe of agencies such as the Border Guard and poice was aready we-defined, but the roe of MLSA was in need of carification. It was envisaged that MLSA officers woud initiay take responsibiity for assessing the needs of migrants, particuary the edery, chidren and those who are otherwise vunerabe. Foowing assessment, socia services woud be provided based on need, in terms of schoos, accommodation, medica care, pus financia assistance in accordance with benefits avaiabe to the popuation as a whoe. Assistance woud be provided through the integrated offices in the areas affected by migrant movement to which additiona staff woud be depoyed. If migrants coud not go to the offices, there were provisions for home visits and if a refugee camp was estabished, staff woud aso be depoyed there. It was reported that the MLSA had around 10,000 staff and the argest network of regiona offices of any ministry and was expecting to take on additiona responsibiity if a mass migration movement occurred. Contingency pans were said to have buit-in mechanisms for providing additiona funding and equipment. MLSA did not maintain stocks of emergency kits, such as those that woud be required for an earthquake emergency but, in the event of any such crisis, woud obtain them from the Ministry of Economy. Identity screening and documentation woud be carried out by the competent authority before benefits were caimed. Repubic of Armenia Poice Passports and Visas Department PVD The roe of PVD at borders has been outined previousy, but it aso has an interna function and is invoved in nationa contingency panning for emergencies, as are a other ministries and departments of government. In the event of a mass migrant infux, PVD responsibiity was seen as providing an increased presence at borders to hep reguate incoming migrants and direct them to pre-determined areas. Officers woud estabish perimeters for refugee camps and maintain aw and order within them by, for exampe, confiscating firearms, screening migrants without identity documents, identifying those wanted for crimes and generay referring peope on to other agencies as appropriate. Repubic of Armenia State Revenue Committee - Customs Service The function of customs during mass migration movements was described as deaing with the vehices and goods and was not seen as getting invoved with the processing of traveers and refugees. Whist their presence during a crisis was said to be important, it was the roe of the MES to take the ead and customs was content to foow instructions from whichever agency was given primacy for coordination. As an exampe, the sma to medium scae infux 44

46 of Syrians that had occurred in preceding years was quoted, during which the Ministry of Diaspora had taken over coordination of reception, accommodation, support and assistance at airports, with the other agencies, incuding customs, performing their norma duties. The roe of customs was to continue to conduct their duties in a prompt and ordery fashion to maintain the fow of norma traffic. When there were humanitarian factors to be considered, they woud introduce measures to expedite cearance. Whist there was no provision in domestic egisation to competey suspend customs reguations for norma goods, under Eurasian Economic Union agreements, goods coud be reeased prior to cearance and the paperwork attended to ater. This essentiay invoved customs officers assessing the price and quantity of goods, recording the detais of the importer and obtaining a point of contact without the need for a customs decaration. The importers woud then be contacted at a ater date to obtain further detais and sette any duty payabe. Specia procedures for the import of humanitarian goods, equipment and vehices was the remit of a joint agency taskforce convened at cabinet eve. Its job was to monitor and determine which agencies woud be regarded as humanitarian operators and give them the status of humanitarian missions, which woud aow them to import duty-free goods temporariy for non-commercia use, having first submitted a ist of equipment. Once an agency had been granted humanitarian mission status, customs did not interfere. During natura and man-made disasters, rescue teams were permitted to work in an unreguated way, moving equipment as necessary. Arrangements for deaing with the goods and vehices of refugees was said to be covered by the Eurasian customs code, but the exact procedures were not known. Athough it was said that there were no agency specific SOPs for mass migrant movements at border, it was reported that there was a customs contingency pan covering emergencies, irrespective of the nature of them, which coud be mobiized within 40 minutes. Each ministry was reported to have a system of wardens in every unit who were famiiar with emergency procedures and responsibe for coordinating and iaising with other units within the Ministry. In addition to the nationa exercise, SHANT, smaer ones were conducted at agency eve more frequenty, usuay bi-annuay. Repubic of Armenia Ministry of Heathcare MOH The MOH were reported to have a ist of specific roes reevant to mass movement of peope and it was fet that measures to dea with interna dispacement coud reativey easiy be transated to action at borders. These incuded participation in evacuations, sanitary cean-up, triaging and subsequent hospitaization of disaster victims, organization of speciaized treatment and managing epidemics. It was pointed out that there was a government decree on civi defence and medica assistance which appied to camps for dispaced peope covering set-up, administration, provision of services, faciities, etc. Athough this decree did not specificay appy to refugee camps, it was fet that the ony difference woud be the need to set up a secure perimeter if refugees were being accommodated. As far as heathcare was concerned, the MOH woud perform the same functions as they woud for internay dispaced persons. Within camps, the Ministry was responsibe for providing medica assistance and maintaining sanitary systems, with heavy emphasis on heping the vunerabe. Joint- agency response to crises at borders was reported to be compiant with domestic egisation and internationa conventions. Country mapping for epidemics is carried out and medica contros can be depoyed to risk at BCPs. Thermo-visors are avaiabe, incuding 45

47 ADMINISTRATION mobie units and hospita faciities incude provision of quarantine and treatment areas for infectious diseases. It was reported that two BCPs - Zvartnots and Bagratashen - have fu medica contro faciities and there are pans to bring others - Bavra and Gogavan - up to the same standard as part of the BCP redeveopment programme. Repubic of Armenia Ministry of Diaspora On the instruction of the RA President, issues, support and integration of Syrian Armenians moving to Armenia are coordinated by the RA Ministry of Diaspora. Its responsibiity for refugees extends ony to Syrians and does not incude refugees from other countries, whether they are of Armenian ethnic origin or not. In 2013, an inter-agency commission to coordinate Syrian Armenian issues was set up by the RA Prime Minister, under the eadership of the minister of diaspora, with the participation of the deputy heads of amost a State bodies. The commission incuded MTAD, SMS, PVD, Border Guard, The State Empoyment Agency of the RA Ministry of Labour and Socia Affairs, the RA Genera Department of Civi Aviation, etc. The commission foows an annua work pan and hods joint meetings that foow set agendas and aso dea with ad hoc issues. Internationa organizations such as UNHCR, IOM, etc. are periodicay co-opted, as are NGOs and representatives from community and spiritua organizations. Committee sessions are covered by the media and a participants are expected to contribute reports and updates on the Syrian situation. The commission was estabished to ensure that a agencies providing support to the Syrian refugee issue were propery coordinated and contributed positivey. The commission has become an important patform for the participation of not ony State bodies but aso society as a whoe. With the support of the MOD, a Centre for the Coordination of Armenian Issues NGO was aso been set up in 2012, a founding members of which were Armenian Syrians. The organization cosey cooperates with the MOD and humanitarian support projects are impemented through it, coordinated by the Ministry, aong with pan-armenian, internationa and charitabe organizations. Inevitaby there have been probems with empoyment, permanent accommodation and heathcare. Support mechanisms were introduced with free basic heath care and sources of funds, such as benevoent organizations and the UN through UNHCR, identified for compex medica treatment. The ministry is very concerned to promote integration and sef-reiance with, in addition to education and accommodation, sponsors students, summer camps and recreation faciities for chidren, cutura activities. To assist economic integration, the ministry cooperated with the Ministry of Economics to estabish a centre for SME support and deveopment, which offers oans for viabe business pans and promotes reguar fairs to showcase Syrian goods, particuary catering, arts and crafts. The Ministry is anxious that the Syrians stay, particuary in view of their shared anguage and cuture, but it was acknowedged that some traveed esewhere as refugees and Canada was mentioned as currenty receiving them. The Ministry does not get invoved in the registration of refugees and provides support after they have been through the reguar registration process. In the event of a mass infux through a and BCP, the ministry has no pans to depoy to the borders, but once ethnic Armenians have been ceared and documented, it woud provide the usua support structure. 46

48 Repubic of Armenia Ministry of Foreign Affairs MFA Whist aways maintaining their core function of maintaining dipomatic reations and situation reporting, the invovement of the MFA with mass migrant infux is argey confined to activity in the migrant source country. This was demonstrated by the movement of Syrians by air, which was faciitated by the MFA via their Consuate Genera in Aeppo. Appications for citizenship by those who coud prove Armenian ancestry were taken in and despatched to Yerevan for onward transmission to the appropriate ministry for decision, which generay took approximatey six months. Aternativey, migrants coud be given a visa or, in the absence of any documents proving ethnicity, the Consu Genera was abe to issue a return certificate, which was ony vaid for trave to Armenia for a period of one month. The certificate is internationay recognized and presents no difficuty when exiting other countries. The CG in Batumi can aso issue return certificates to ethnic Armenians in Turkey, as they have no dipomatic representation there. Repubic of Armenia Ministry of Agricuture MOA Veterinary and Phytosanitary Inspectorates of the State Food Security Service The Food Security Service of the MOA maintains offices at a BCPs to reguate and contro the import and export of pants, animas, raw materias of anima origin, feed, feed additives, feed mixture, veterinary medicines, pants, vegetabe products, pant protection products, and fertiizers, etc. In an event of a mass migration movement, it was reported that representatives/ empoyees woud be depoyed to the respective contro points, regiona centres and various workpaces to attend to their norma duties. No specia provisions appicabe to mass infux were reported. Armenian Red Cross Society In accordance with its agreement with UNHCR, the Red Cross Society is responsibe for monitoring border crossings in terms of asyum seekers and refugees. It is aso contracted by UNHCR to gather statistics on a traveers crossing borders, incuding irreguar migrants and those in detention. It utiises its oca representatives to do the border monitoring and report to UNHCR. If required, it supports asyum seekers with suppies and support packages of food, cothes, bed inen, etc. It was said to be fuy engaged with the Armenian government in disaster response contingency panning, but because of imited resources, the organization is not geared to providing arge scae support, such as may resut from a mass migration crisis. United Nations Deveopment Programme UNDP UNDP is very active in Armenia through its ongoing Disaster Risk Reduction Programme, which is aimed at supporting capacity-buiding in risk reduction through technica expertise and the communities. It supports the Nationa Patform for Risk Reduction in genera and specificay assists the State funded Crisis Management Academy which, under the auspices of the MES, trains 800 speciaists per year. A crisis support and response mechanisms are deveoped through the Academy and they jointy produce pubications on the subject. In term of crisis management, UNDP heps to identify risks at oca eve, identify needs and deveop action pans that are integrated into risk management. Loca community eaders 47

49 ADMINISTRATION attend the Academy and ad hoc training is given ocay, after which a community risk certificate is issued by the MTAES. The certificate wi soon be repaced with a community risk passport, which wi specify the risks pertaining to particuar communities. Loca eve risk management methodoogy has been tested in many communities for oca needs in Armenia and UNDP has produced a oca eve risk management tookit to hep communities impement, deveop and monitor risk management. The tookit has been adopted by other internationa organizations and they have deveoped one for environmenta disasters. Aso used is a oca government sef-assessment too produced by the UN Office for Disaster Risk Reduction, which was deveoped for wordwide use and is in pace in 21 cities in Armenia. UNDP are committed to heping the government deveop eary warning systems in the event of a types of disaster and are invoved in producing a system that wi use mutipe communications systems to inform communities and agencies, such as text messages, emais, TV and radio. The organization is currenty working on updating and expanding the Disaster Risk Reduction Strategy, which was originay produced just for MTAES, so that it can be extended to cover disaster risk management for ministries. It is expected to be ready by the end of May and wi cover the period 2016 to The strategy wi cover mass movement of migrants across borders at nationa eve, rather than just in individua agency instructions, as has previousy been the case. Amongst other things, it aso covers how the airports wi need to be supported to dea with arge emergencies, how aid personne and equipment wi be received, documenting reguation of cooperation between agencies at the airport and setting up refugee camps at borders. United Nations High Commissioner for Refugees UNHCR In terms of refugees, asyum seekers and other dispaced persons, UNHCR core Mandate activities incude support for egisative reform and poicy deveopment to strengthen the asyum system, capacity-buiding of reevant actors incuding border guards, SMS, judiciary, awyers and NGOs, and the provision of humanitarian assistance where gaps in State assistance to refugees and asyum seekers are identified. UNHCR aso encourages greater sef-reiance, regardess of the status hed by persons dispaced by the confict in the Syrian Arab Repubic to Armenia. UNHCR has no current project underway in Armenia, but operates core mandate activities with those who arrive from the Syrian Arab Repubic, of which 16,000 remain from 20,000 arrivas. It is engaged in providing humanitarian assistance and encouraging greater sef-reiance, regardess of status. From the point of view of UNHCR, as ethnic Armenians, the Syrians cannot reay be regarded as externay dispaced and thus in need of asyum, because they quaify for citizenship. Their situation is more anaogous with the category of internay dispaced persons, athough they have crossed borders to get to Armenia. UNHCR treats persons dispaced by the confict in the Syrian Arab Repubic to Armenia as persons in a refugee-ike situation. Money is provided for support, with the buk going on accommodation renta, financia assistance to find work and start businesses and medica support to suppement the State system. Support is aso provided to a other nationaities, incuding Ukrainians, Iraqis and Iranians, but they form much smaer numbers. UNHCR is partnering with the Red Cross, who conducts monitoring visits to borders on their behaf. The ony BCP with detention faciities is Zvartnots airport, athough they are panned for the 3 BCPs on the Georgian border as part of the redeveopment scheme. It was reported that border guards do not have SOPs for deaing with asyum appications, athough 48

50 some are being deveoped for them by UNHCR. Amendments to asyum aw were made in January 2016 to reguate referras from penitentiary institutions to ensure that persons in need of internationa protection, who are in detention, can have access to asyum procedures. UNHCR has provided technica assistance to the Border Guard by contributing to equipping training rooms at 2 and BCPs, Zvartnots airport, BGs Headquarters and by providing air-conditioning at the Meghry BCP bordering with the Isamic Repubic of Iran. Whie UNHCR refugee contingency panning in 2015 focused on confict-induced dispacement, the Disaster Management Country Team disaster management pans had, unti 2015, revoved around nucear accidents and natura disasters, primariy earthquakes, athough mass migrant infux is now on the agenda. 3.4 Interagency Emergency Response Exercise SHANT During the course of meetings with the Ministries and agencies, the SHANT exercise was mentioned by amost a of them, usuay in the context of their roe in it. The agency with primacy during the exercise was the Ministry of Defense, as it was designed to simuate events foowing miitary aggression from an unspecified neighbouring country. Press reeases described SHANT as: During a briefing hed on September 2 by Armenian Defense Ministry s Defense Poicy Department, Yerevan-based miitary attaches of foreign States and representatives of internationa organizations were provided with information about Shant-2015 miitary command and staff exercises due in Armenia on September 3-6. Officias of Armenian Defense Ministry said that Shant-2015 are panned miitary exercises of a-repubican significance and aim to check the mobiization readiness of State and miitary command bodies in the process of the State s immediate preparations for defense and repusion of an aggression, the abiity to bring forces into a higher eve of readiness, and to raise the eve of interaction and coordination of actions. Those present were tod that given the miitary-poitica situation around Armenia and in adjacent territories, the enemy and the situation in the dris fictiona scenario were maximay brought into ine with reaity. 74 Further detai was added by agencies invoved and it was reported that SHANT was comprised of 3 or 4 crisis scenarios, one of which was a mass infux of refugees during a confict situation in a neighbouring country, which was the component of interest in terms of HBM. The refugee scenario was based in a mock refugee camp cose to Yerevan or tent city, as it was cooquiay referred to. It asted for 2 days and participant agencies were given one month to prepare. The roe of SMS was defined as the registration of migrants and provision of identity papers for them, as it is currenty responsibe for registering asyum appications and issuing initia identity cards. In the event of a rea emergency, it woud probaby do this at the border, but during the exercise, it was done in the camp. For the purpose of the exercise, SMS officers were spit into 2 teams, one at Headquarters and the other in the camp. The team in the camp recorded refugee detais - name, nationaity, date of birth and date of issue - on aptops and in edgers, and photographed migrants on hand-hed cameras. At the end of the day, the information was brought back to Headquarters where hand written identity cards were produced, with photographs printed from the cameras. The cards were taken back to the camp 74 News report

51 ADMINISTRATION and issued the next day. Records were entered on the SMS asyum database. There was no differentiation between asyum appications and temporary protection - a migrants were treated as though they had appied for asyum. SMS worked cosey with NSS and having initiay screened a migrants, passed those identified as being of security interest to MSS, who carried out more in-depth checks. Communications between staff and agencies was by mobie phone. In identifying some of the essons earned from the exercise, it was said that, athough there was a strategic action pan prepared by the Ministry of Defence, there was aso a need for cear, written instructions on demarcation of responsibiities at a tactica eve between agencies, from the border to the camps and beyond. The MOH were invoved as part of its responsibiity for civi protection. They had a ist of specific roes reevant to mass movement of peope and it emerged from the exercise that measures to dea with interna dispacement coud reativey easiy be transated to action at borders. The Ministry reported that migrant heath considerations were discussed with the SMS, but had not yet been specified in any officia documents. In the event, the perception was that it was not so much the response mechanisms that were in need of refinement, it was the areas of responsibiity that required carity. As a genera observation on the exercise, it was fet that it had demonstrated that the country was not fuy ready for a mass infux of migrants and that there was a need to ceary define who is responsibe for setting up and running camps, the criteria for setting them up, aocation and source of finance, etc. An independent view of the exercise was given by UNHCR, who were present as observers. The imagined scenario appeared to be an infux of foreign nationas dispaced from a neighbouring country by miitary action against their community and the refugee camp was set up with tents for a the agencies invoved. Representatives from various ministries were present, athough border guards did not appear to be operationay depoyed in the camp, which tended to suggest that the exercise may not have incuded deaing with refugees as they crossed the border. The thought and preparation that had gone into the exercise was described as impressive and as was presumaby the intention, probems were identified. From the point of view of the observers, the perception was that: The overa management of the operation had not been fuy thought through; What had happened at the border did not appear to have been incuded; NSS were interviewing peope in the camp, when they shoud have perhaps been screened before they got into it; How the camp popuation was to be managed had not been fuy worked out and the responsibiities for doing so not ceary defined; It was uncear how ong peope woud be kept in the camp and thus their freedom of movement restricted. In the event of a mass infux at the border, UNHCR woud monitor the situation, give advice and if humanitarian needs were not being met, woud assist, give coaching and provide guidance. If they acked oca capacity, they woud get an NGO partner to assist. 50

52 3.5 Evauation - Administration Because Armenia is so prone to disaster situations, many interna and externa agencies are invoved in the emergency response structure, in addition to those with a permanent presence at BCPs. Contingency pans for mass migration movements at borders do not appear to be currenty avaiabe in the pubic domain and are not written into the generic disaster response pans, covering natura and man-made disasters, that are avaiabe through open sources. Whist SOPs were reported to exist, they were considered confidentia or for interna use ony and were not made avaiabe to the assessment team. Without access to specific mass migration infux response pans at borders, how agencies currenty interact may be gauged, to a significant degree, from their own accounts 75 of their roe and functions within the structure. Athough current panning is focused on interna mass movements, in view of the fact that egisation requires a refugees to be treated equay with the rest of the popuation, responses to interna dispacement can presumaby be reativey easiy adapted to migrant infux. It seems apparent, however, that whie most, if not a, agencies have a broad perception of their roe and responsibiities, work needs to be done to specificay incude mass migrant infux response in contingency panning, either as a separate eement or integrated into existing pans. This perception was aso apparent at operationa eve, as identified during the SHANT exercise, with severa agencies highighting the need for more concise panning at both strategic and tactica eve to demarcate responsibiities between payers in the structure and provide cear, written instructions. It shoud be acknowedged that the SHANT exercise is an exceent exampe of inter-agency panning and cooperation, particuary at operationa eve. Lessons earned wi be invauabe in refining future panning. 75 Taken from meetings and interviews conducted during the in-country phase of the assessment, 8 12 February,

53 4. OPERATIONS how the operationa aspects of HBM are, or coud be appied at borders, the assessment team were abe to visit Bavra BCP, to ook at operationa Inexamining management and faciities first hand. As part of the same visit, the team aso went to the corresponding BCP at Ninotsminda on the Georgian side of the border and met with Georgian Border Guards. 4.1 Bavra Border Crossing Point Bavra BCP is ocated in the North East of Armenia, approximatey 160 km from the capita, Yerevan. For the first 30K out of Yerevan, the road is 2 ane motorway, after which it reverts to singe ane for the rest of the way to the border. When not winding through mountains, ong stretches of the road are straight, with predominanty unduating, rocky terrain on either side. Sma settements periodicay border the road and it passes through Gyumri, the second argest city in Armenia, approximatey 60 km from Bavra. The road eads directy to the border post, which is situated on the northern outskirts of a sma settement. At the time of the visit, the surrounding countryside was covered by a thick ayer of snow and it is common for the road to be impassabe for days at a time in winter. The BCP is accessed through an arched gateway, beyond which is a customs office on the eft and a substantia customs shed on the right. The Border Guard office is approximatey 700 to 800 metres further down the road on the right, with an office for the Ministry of Agricuture on the opposite side of road. The Border Guard and customs contros are 300 or 400 meters further on, under a high canopy stradding both sides of the road, with the arriva contros on the eft and the departure contros on the right. Contro accommodation is ocated aong the centra ength of the canopy and occupied by immigration officers and customs officers in adjacent booths. Access through the BCP is restricted to the road under the contro canopy. The BCP is currenty undergoing redeveopment and the new contro faciities are being ocated 1 or 2 km further down the road towards the Georgian BCP. Substantia buiding work is underway, but no further progress can be made during the winter. Buiding wi continue when the weather improves and competion is schedued for September or October of The agency with primacy and the argest staff compiment are the Border guards and detais of the operation of the BCP were given by the Border Guard Officer in Charge (OIC). Staffing eves for the border guard contingent were regarded as confidentia, but was said to be sufficient to keep the BCP adequatey manned for current operationa requirements, athough it was acknowedged that eves wi need to increase when the new faciities are opened. Precise traffic figures were not retained at the BCP, as they are drawn from the BMIS system centray. The traffic is seasona and figures varied widey between summer and winter. The 52

54 summer season runs from June to September and estimates of a tota of 3 to 4,000 pedestrians passing through per day were given. During winter, the numbers dropped to around 200 per day, mosty from the Armenian communities in the border area, which were said to number between 100,000 and 150,000 on the Georgian side. The Georgian Back Sea tourist resorts, principay Batumi, are approximatey 100 km away and account for a substantia eve of tourist traffic, predominanty Armenian, but incuding a significant number of internationa traveers who tend to fy to Tbiisi and Kutaisi, which has an airport ocated approximatey 40 km from the border in Georgia. A common internationa tourist route is by air to Georgia, coach through Bavra to tour Armenia then return to Georgia through Bagratashen to fy out from Tbiisi. Figures for vehices were put at 3 to 400 per day, incuding coaches, athough specific coach numbers were difficut to estimate, as tourist coaches were not reguar, but not uncommon. Reguar buses bound for Turkey crossed on Saturdays and returned on Thursdays at the rate of 2 or 3 a day. There are aso buses between Armenia and Georgia, mainy carrying Armenians and Georgians of Armenian origin. Buses disembarked passengers to cross as pedestrians and re-join their vehices after cearing the border contros. Passengers incuded sma scae traders conducting cross-border trade, often 40 to 50 persons on each bus. Medica care in the border region of Georgia was said to be ess we deveoped than in Armenia, which created demand for Georgians to trave to a hospita ocated approximatey 10 km from Bavra, which provided more comprehensive faciities. Freight traffic was estimated at 40 to 50 vehices per day in peak season and much ess in winter, as the preference was to use the BCP at Bagratashen, which is not as prone to such extreme weather conditions. The freight route through Bavra inks Yerevan to the Georgian Back Sea ports of Batumi and freight terminas at Poti, which are ocated side by side. Wordwide freight movements are ceared in Poti and embarkation points incude the United States, Western Europe, Japan, Canada, etc. Broad exampes of the type of goods shipped incuded vehices, food (specificay wheat four from Canada), cothes, etc. Commenting generay on the operation of the BCP, it was reported that the contros were not subject to ong deays, as staffing was adequate and the staff compiment remained constant year round. Whie staff numbers were said to be confidentia, officers were prepared to comment on training for border guards. Standard Operating Procedures (SOPs) were reported to be avaiabe in hard copy and accessibe for consutation by a officers. Joint SOPs with other agencies were aso reported to be avaiabe, as was an emergency contingency pan and rues for interaction between agencies. When the question of the potentia for mass migrant movements at Bavra was raised, the genera opinion was that officers coud not foresee any events in the immediate or distant future that might precipitate such an event. Armenians in Georgia had been iving there for centuries and any confict situation with Georgia, which was considered to be inconceivabe, woud be more ikey to invove the movement of other nationaities present in the country. Officers were of the opinion that any mass movement woud occur through the green borders, which were the responsibiity of a separate unit of the Border Guards, rather than through the BCP. In the event of mass movement, equipment avaiabe for recording the detais of refugees was confined to the BMIS system, for which there was a tota of 10 static terminas, 5 on departures and 5 on arrivas, incuding one that was used by the Department of Visas and Passports of the Poice. There were no mobie units, athough aptops containing BMIS 53

55 OPERATIONS software were avaiabe at rai stations and coud, conceivaby, be redepoyed in the event of an emergency. These units did not connect to the ive system and any information recorded on them during passenger checks was currenty required to be downoaded ater onto static terminas that had a rea-time connection with Headquarters. However, it was ater reported by NSS that the mobie units were equipped with RJ 45 cabe and wireess Wi-Fi network devices, which coud be activated remotey with a ive system if an appropriate network structure was created. Ninotsminda Border Crossing Point, Georgia Foowing consutations at Bavra BCP, the assessment team traveed to the corresponding BCP at Ninotsminda, Georgia. The road from the Bavra departure contros continues for 2 or 3 km on a argey raised one ane causeway to the Ninotsminda arriva contros, past the site of the new Bavra BCP, where two arge buidings now stand in a reasonaby advanced state of construction. For most of its ength, the road drops down by about one metre to the surrounding countryside which, at the time of the visit, was covered by a thick ayer of snow. It was, therefore, not possibe to assess the nature of the terrain. The area around the new construction, however, seemed to be fat for some considerabe distance around the perimeter of the site. The friendy reationship between the Armenian and Georgian BCPs was emphasized by the ease with which the team was permitted to cross to the Georgian side and the hospitabe way in which it was received by officers of the Georgian Border Guard Troops. Whist assessment of Ninotsminda BCP was not within the remit of the assessment, the Georgian border guard contingent were reaxed about discussing issues of mutua interest. They stressed the cordia reationship that existed with their Armenian counterparts and the two countries as a whoe. None of the officers spoken to coud envisage any situation that might resut in confict between the two nations and did not consider it to be even a remote possibiity. The possibiity of mass migration movements through either BCP was considered to be unikey, even in the context of current events within the EU, as neither was on the current routes used by migrants from the Syrian Arab Repubic, Iraq or Afghanistan. It was conceded that irreguar migrants had been detected on the Georgian/Turkish border, principay from India, Afghanistan and Bangadesh and the number invoved was estimated at around 100 in There was no indication that the situation coud or woud turn into mass movements and it seemed ikey that the irreguar migrants were arriving through the Back Sea ports, athough officers acknowedged that they did not know for sure as the migrants woud not revea their routes. It was reported that the BCP did not suffer from traffic congestion, as it tended to be sow and steady. There were 9 BMIS static terminas avaiabe on the arriva and departure contro and there were no mobie units avaiabe. 4.2 BCP Configuration The current configuration of Bavra BCP is not conducive to managing a mass infux of refugees and it was never designed to be, as a mass movement of migrants from Georgia was not considered to be a possibiity when it was buit. The position of the BCP 2 km from the border ine is far from idea and when it was reviewed in 2011 for the IOM technica border 54

56 needs assessment, major deficiencies were identified, particuary in infrastructure such as accommodation, power and sanitation. At the time, there was not even a canopy over the vehice contro anes and traveers were very much exposed to the eements. In the intervening years, improvements have been made, but faciities are sti reativey sma scae and rudimentary. However, as construction of a new BCP is now underway, there is itte sense in making any more improvements to the existing structure, uness they are designed to compement the new BCP e.g. provide extra parking space, adapt buidings for other uses, etc. The new BCP site is approximatey 1K nearer the border than the existing faciity and pans for the new structure are impressive. The new site is consideraby arger than the existing BCP and the current singe ane vehice inward and outward contros are to be repaced by 4 standard vehice anes and one for non-standard cargo on each side. The outward contro anes are ocated to the North-East of the main office buiding, which wi house the contro authorities, and the inwards anes are adjacent, to the South-West. A anes are covered by canopies. The rest of the infrastructure wi be buit on the inward, west side of the site, eaving the east side beyond the outward contros perimeter fence cear of buidings, so that an emergency services heipad can be ocated on the north-east edge. The heipad wi be accessed from a road to be constructed north of the outward contros. The west side of the site wi accommodate a of the infrastructure necessary at an internationa standard BCP, incuding at east 3 hoding areas for commercia cargo vehices on the inward contro side, capabe of hoding in excess of 25 orries, pus a fenced area for detained freight vehices to the west of, and adjacent to, the inward contro anes, suitabe for at east 12 orries. Hoding areas for passenger cars are ocated to the north and south of the inward and outward contros, each suitabe for 20 to 30 vehices and there is a 2 vehice fenced area for hazardous cargo in the south-west corner of the site. On the far western side, within the perimeter fence, a separate buiding is to be provided for a veterinary, sanitary and phytosanitary contro station, with a fenced quarantine area for animas. A customs warehouse, a vehice in-depth contro station and a cargo and passenger X-ray inspection stations are ocated further south aong the perimeter. MOH offices are housed in the main administration buiding between the inward and outward anes. 4.3 BCP Adaptation in Response to Mass Migrant Infux When ooking at the proposed new site to assess the potentia for managing a mass infux of migrants, it is not easy to envisage the scae of the faciities from pans. As a resut, how the infrastructure might be adapted to cope with a sudden, arge increase in traffic is, at present, open to conjecture. However, certain assumptions can be made and options expored that are evident from bueprints, which may be refined and incuded in contingency panning when construction is nearing competion. The suggestions that foow may be worthy of consideration. With 4 vehice arriva anes, initia examination of a significant number of arriving migrants shoud be possibe, with the non-standard cargo ane used to keep norma freight traffic moving under acceerated customs cearance procedures. Whist care wi need to be taken to contro vehicuar traffic, if the number of pedestrians significanty exceeds the capacity of the foot contros, one or two vehice anes coud be used for pedestrian contro or for buses to bring pedestrians through for examination on-board. In the event of a crisis driven inward mass movement, it may be assumed that outward movement through the BCP wi be severey 55

57 OPERATIONS reduced or suspended, which wi free-up vehice and passenger anes on the departure contros, thus providing expanded capacity and creating what woud effectivey be a one way contro. If this option is considered viabe by the authorities, provision shoud be made during construction for any fence or barrier between the inward and outward anes to have a gate or removabe section to aow inward traffic to safey cross into the outward anes, under strict supervision. Athough the frontine of the contro woud remain with the border guard, there shoud be space of the other agencies to work aongside them, especiay customs who aready share contro booths. Provision shoud aso be made for heath officias to monitor traffic to identify possibe heath risks and take immediate referras from border guards who may aso detect any such risks. It is widey accepted by agencies in the migration structure that any mass infux is going to be made up of foreigners, in the case of Bavra, Georgians, of Armenian ethnic origin. Whie a migrants wi need to be examined on arriva, those who have identity documents can be reativey easiy processed e.g. hoders of nationa passports who do not need a visa can be given entry under norma entry conditions and advised of what support services are avaiabe, which wi incude nationa and internationa organizations and possiby accommodation in a refugee camp. If they are of Armenian ethnic origin, they can then appy for citizenship, residence or asyum. If not, subject to border guards being satisfied that they do not pose a security or crimina threat, they can be advised to appy for asyum with SMS. In the first instance, every effort shoud be made to at east register everyone on BMIS, but whether this is possibe wi be determined by the nature of the emergency and the voume of traffic. In the event of armed confict in the border region, the first priority wi be to move refugees out of the danger zone, to camps if necessary, whist keeping them as cose to the border as practicabe. This wi reduce ogistica probems and faciitate return if the crisis is temporary. If refugees do not have passports or other acceptabe identity documents, consideration shoud be given, at the very east, to issuing basic identity documents, if necessary in hard copy, recording name, date and pace of birth, nationaity and famiy detais. Fu registration and issue of photo I/D, either by SMS or PVD, woud then need to be conducted ater, at the eariest opportunity. Ideay, fingerprints woud aso be coected at this stage, but this is not currenty carried out on BMIS and there is doubt about present egisation aowing for it. If circumstances aow for fu registration at the BCP, it woud appear from the site pans that the freight vehice hoding areas coud be adapted to be processing areas. This woud require temporary offices to be set up, together with covered waiting areas, access to refreshments and sanitation faciities. The fenced vehice detention area coud be adapted to screening where security is an issue and containment is required, such as for combatants, suspected peope traffickers, crimina eements, etc. Aternativey or in addition, it may be appropriate to utiise the open area outside of the perimeter fence on the east side of the site, around the heipad, to set up temporary registration and screening faciities, again with temporary buidings providing office space, sheter and other essentia faciities. A further aternative woud be to utiise the current BCP site which, when the new faciities are opened, wi presumaby be redundant. When the assessment team visited, it was not possibe to survey what and was avaiabe around or within the BCP perimeter due to a thick ayer of snow, but it shoud be possibe to set up screening and registration faciities, if not a onger term refugee camp. 56

58 4.4 Contingency Pans and Standard Operating Procedures for Emergencies Information was given by border guards at Bavra BCP that emergency contingency pans were in existence but specific to individua BCPs, which incuded cooperation with the Georgian border guards. They were, however, cassified as confidentia and for interna use ony, so there was no opportunity for the assessment team to review the content. It was aso reported at Border Guard Headquarters that emergency contingency pans were in pace at nationa eve, but whether they incuded anything specific to mass migrant movements at borders was uncear, athough it was said that reguar panning made reference to setting up a response. There was aso said to be inter-agency cooperation procedures for emergencies, such as estabishing quarantine faciities. SOPs for disaster response were aso said to exist but, ike the nationa contingency pans, they were cassified for officia use ony and therefore not avaiabe for discosure. Instructions were reported to be constanty further deveoped and updated. Operating procedures have been produced in conjunction with the deveopment pans for the new Bavra BCP, in conjunction with UNDP, which cover, in considerabe detai, how and where the BCP agencies operate and what their responsibiities are. However, they do not cover operationa response to crisis mass movements, athough they do contain reference to the responsibiities of an MES who, it woud seem, wi be permanenty stationed at the BCP and wi be required to: Assess potentia threats to ife and property in case of emergency; Deveop soutions and take measures to prevent emergency situations and eiminate their consequences; Coordinate authorized services at checkpoints in case of emergencies of natura or anthropogenic characture. In considering preparation of SOPs covering mass infux, account shoud aso be taken of how border guard troops woud dea with migrants crossing green borders outside of BCPs. Poicy on responding to this situation wi probaby need to be formuated at Ministeria eve, but coud invove setting up unofficia but manned BCPs in high risk areas and depoying staff and mobie equipment to conduct passport checks and registration. Aternativey, depending on the voume of traffic, refugees coud be brought to the BCP or wherever processing was taking pace. 4.5 Cross-Border Cooperation Cross-border cooperation was covered at nationa eve during meetings with NSS and the border guard in Yerevan and at oca eve at Bavra and Ninotsminda. At NSS it was reported that there were no internationa agreements on emergency response currenty in force, athough negotiations were underway to form a task force of border deegates from agencies and civi bodies to ook at events at borders to formuate preventative measures and take action. The negotiations were said to incude Armenian and Georgian border guards. It was proposed that joint sessions to examine incidents woud be instigated both at BCP and higher eve. At Bavra, reations with the Georgian guards was described as good and any probems, not necessariy just those reating to migration issues, were discussed, argey on an informa basis, 57

59 OPERATIONS by officers visiting their counterparts as and when issues arose. There were no forma memoranda of agreement (MOU) at BCP eve to govern the exchange of information, athough there was a nationa MoU covering the redeveopment of the BCP. At strategic eve, cooperation in a BCPs between Armenia and Georgia since 2012 has been based on the provisions of the treaty, signed between RA NSS and Ministry of Interior affairs of Georgia on border cooperation. Currenty the agreement on the activities of border representatives on both sides is in the process of ratification. At Ninotsminda, it was confirmed that officers from the two BCPs worked cosey together on an informa basis and that shoud mass movements or any other emergency arise, they woud dea with them together, athough it was reported that no forma agreements for doing so existed. Loca biatera agreements were said to be unnecessary as the border guards were good friends. Shoud a mass movement occur, perhaps foowing an earthquake or other natura disaster, it was acknowedged that both sides coud work together on, for exampe, registration of refugees and athough forma joint pans have not currenty been deveoped, there was enthusiasm for such a project. It was aso reported that when incidents occur, both on the green border and at the BCPs, the border guard contingent units from both sides report to each other and coud work jointy if necessary. Communications between them reied principay on crossing and meeting face to face, athough they aso taked by teephone. Additionay, they worked together on keeping the infrastructure going by heping each other cear cross-border roads. The officers present agreed that it woud be usefu to have joint SOPs for emergencies. Though not directy focused on emergency situations at borders, the UNDP reported in its project document 76 covering the redeveopment of Bavra BCP, that a cooperation agreement was signed between the Ministry of Interior of Georgia and Nationa Security Service of Armenia on 29 November This estabished a ega basis for an increasingy integrated approach to enhancing border security between the two countries. At the time, UNDP suggested that further biatera agreements woud be required, particuary in in regard to exchange of information, joint operations and joint use of equipment at BCPs, and new secondary eve egisation, reguations and SOPs woud need to be prepared and adopted on both sides. It is not cear how much, if any, progress has been made in these areas athough it woud appear from conversations with both border guard detachments that, athough they cooperated we, not much had been formay agreed. 4.6 Risk Anaysis Information coection and risk anaysis is widey recognized as being essentia to providing migration specific inteigence, both at a strategic eve to anticipate where crises and threats to border security are ikey to deveop and at a tactica eve to enabe and inform operationa intervention, typicay in the area of trafficking/smugging and cross-border crime. It can aso be used to anticipate where crises are ikey to occur and monitor increased traffic as it buids, so that resources can be depoyed to risk. It must be stressed that such an inteigence capabiity shoud be migration specific to compiment rather than be in competition with the production of nationa security inteigence. 76 UNDP project Enhancement of the border management capabiities at Bavra-Ninotsminda BCPs between Georgia and Armenia

60 There was said to be a centra inteigence structure in pace to examine situations that in different countries that might precipitate an emergency response, which appeared to primariy record and anayse statistica data and provide information to the Ministry of Foreign Affairs for use in the visa regime. What was not expored was to what extent officers at BCPs were trained to investigate and gather information from incidents and activity at borders, where to send it, how it was processed and how it was disseminated. A typica West European migration inteigence structure woud invove inteigence iaison officers at border posts, usuay designated operationa officers, who assist with information gathering in addition to their norma duties. Liaison officers woud send information to a regiona unit serving BCPs on the same border and they woud deveop regiona risk assessments and identify oca threats at a eves. This woud contribute to the deveopment of a nationa strategic risk assessment, prepared by a centra migration inteigence unit. Regiona units woud aso deveop inteigence packages to support tactica intervention and investigation at BCPs and by other agencies, athough it has to be acknowedged that the geographica distribution of BCPs in Armenia may not justify a regiona eve inteigence capabiity, in which case sma units coud be formed at BCPs and report directy to the centre. During crisis mass migration movements, the potentia for trafficking and smugging of persons, as we as commodity smugging, terrorism and other cross-border crime is greaty increased and good inteigence in the hands of managers and frontine officers is vita in directing resources at the greatest threats in the right paces. Depending on what the current situation is in this area of activity, it may be appropriate to conduct a review of the migration inteigence structure and capabiity, in conjunction with training on information gathering and handing. 4.7 Rapid Border Intervention Teams and Mobie Assistance/Training It was reported at border guard headquarters that Rapid depoyment units for crisis response had been formed, but no detais were given about how they were expected to operate. It may be that such teams are for genera emergencies at borders, rather than specificay trained to respond to crisis mass movements, which woud seem possibe as crisis response in this area is currenty acking in generic nationa emergency response pans. If this is the case, consideration shoud perhaps be given to setting up teams drawn from border guard and NSS officers in a BCPs, regiona and centra offices, who coud be mobiized in event of a mass infux. They coud be given specific training in crisis management and enhanced training in other areas, such as the threat from trafficking and cross-border crime. Ideay, teams shoud be muti-agency and train together, so that response capacity in a agencies woud be enhanced by the depoyment of a singe team. Muti-capabiity woud aso be usefu if unofficia BCPs were set up on green borders outside of officia BCPs. If it has not aready been done, unofficia crossing points shoud be mapped in advance and a rapid depoyment pan prepared to enabe immediate mobiization to risk areas. Panning for rapid response depoyment, to both officia and unofficia BCPs, shoud incude inventories of mobie equipment such as BMIS, registration units, forgery detection equipment, search aids, a capabiity to produce emergency identity documentation and back up communications gear, such as persona radios in case mobie teephone networks fai. 59

61 OPERATIONS 4.8 Evauation - Operations The BCPs at Bavra, Gogavan and Bagratashen are currenty in the process of being reconstructed in accordance with pans that wi vasty improve infrastructure, faciities and potentia capacity. In Bavra in particuar, the vehice contro anes are currenty one ane each way and are schedued to increase to 5 each way, incuding one for non-standard freight oads. When competed, the new Bavra BCP wi offer severa aternatives for deaing with a mass infux of refugees, with areas within the site to increase capacity for contro and registration by moving temporary buidings and mobie equipment onto freight parking areas. The vehice contro anes can aso be quicky adapted to process pedestrians and bus traffic, with potentia for extra capacity if some or a of the outward anes were used. Additionay, the present BCP site, when redundant, coud aso provide scope for estabishment of a camp for at east competing first and/or second stage registration and documentation of refugees. SOPs for the new site do not contain specific guidance for crisis response and refer more to where agencies wi be ocated and what their responsibiities are. SOPs are aso reported to be in pace for disaster response at the current BCP, as are contingency pans, but are for interna use ony and not discosabe. Whist Armenian and Georgian border guards ceary have an exceent working reationship, response to mass refugee movements has not been jointy panned and no forma agreements exist to define the parameters for a joint response. The government Action Pan and Timetabe for Impementation of The Border Security and Integrated State Border Management Strategy of The Repubic of Armenia ( ) makes specific reference to deveoping joint working systems with interna agencies at borders and border counterpart agencies in Georgia and the Isamic Repubic of Iran, incuding BMIS that can work together. The provisions of the strategy particuary reevant to HBM are highighted in section 2.1 of this report and as the action phase of the pan finished at the end of 2015, now woud seem to be an opportune time to evauate the resuts, in preparation for the opening of the new BCP faciity. The situation with regard to rapid response depoyment to mass movements is uncear, athough teams are reported to have been estabished. If not aready, they shoud be speciay trained in crisis border management and competent to instruct and ead their coeagues. They shoud aso be abe to estabish and depoy to unofficia BCPs if there is significant movement outside of BCPs. Aso uncear is the extent to which a migration inteigence structure exists that coud provide advance warning of crisis movements and the migration and security risks inherent to them, such as trafficking, smugging, crime and terrorism, both on groups and individuas. Understandaby, there is a reuctance to discuss such matters with assessors from outside organizations, but an interna review may be hepfu to ensure that the structure is robust enough to provide good quaity inteigence on migration crisis movements. 60

62 5. INFORMATION MANAGEMENT 5.1 Identity and Risk Management The primary information management system is the Border Management Information System that was first instaed at Zvartnots airport in 1999 and is now instaed at a BCPs. It is owned by NSS and operated at borders by border guards. It was described as an integrated system that recorded persona detais, scanned passports and checked aert ists. The database contains features of identification, trave history and security documents, such as passports, issued by different countries, incuding document types, seria number formats, security features, etc. It is capabe of storing high resoution images of trave document pages and contains information on genuine and frauduent documents. It stores a arge number of passport types from various countries and is constanty updated. Consuar officias in missions abroad can be granted access to input information. It does not, however, currenty coect biometric data such as fingerprints. 77 Athough it is abe to scan biometric passports, NSS do not exchange biometric keys with other countries, so data in foreign documents cannot be read. NSS is the ony agency with fu access to the database, but other agencies can be granted access at various eves, as required. Other databases in the migration structure are the Register of Persons Seeking Internationa Protection, operated by SMS and the State Popuation Register and the Database on Residence Permits, operated by the poice PVD and Visas and Foreign Registration Division. The visa database is aso operated by PVD and the MFA, at the borders for visas issued on arriva and at missions abroad for visas issued before trave respectivey. The current registration system for asyum seekers appying at borders invoves: 78 Appicant detais are recorded on BMIS; Detais are sent to SMS Asyum Database; Paper I/D card issued is issued by SMS; Appicant recognized as a refugee; Appicant registers with the poice and is recorded on the Popuation Registration System, which incudes passports, nationa I/D cards, permits for foreigners and successfu asyum seekers; Automated residents card issued and machine printed. 77 Expansion of Advanced Border Contro and Management Technoogies in Armenia IOM Report Described during a meeting with SMS, Yerevan, 11 February

63 INFORMATION MANAGEMENT Unike the SMS system, the Popuation Registry System coects fingerprints for nationa identity cards, as does the passport issuing system for Armenian nationas. Resident cards, however, do not contain fingerprint data. The probem with the various migration management systems is that they do not appear to be interinked and are incapabe of interrogating each other, thus tracking individua asyum appications requires at east three different databases to be checked. As ong ago as 2008, the IOM report Review of Migration Management in Armenia highighted the situation in the foowing terms: The current technica system and the use of different databases make it very compicated to find out the persons exact ega status in the country. The contro of a foreigner for the State officia needs to know who to contact to find out the ega status of the immigrant, if that person cannot provide proof of his or her ega status in the country. Otherwise it is highy ikey that a person without ega status is aowed to continue his stay or that a person with ega status is fasey arrested or detained. Additionay, the report identified that if asyum appicants are given a refugee or temporary asyum status card by SMS and then register with the Poice DPV, no information is sent to NSS for incusion on BMIS. It is not entirey cear whether steps have been taken or are being taken to rectify this situation, but from interviews conducted with the agencies concerned, it woud appear that progress is sow. Whie there are negigibe numbers of asyum appicants, as has traditionay been the case, this situation is manageabe but it is rather inefficient and shoud a mass infux occur, it woud seem ikey that it woud be inundated. The importance of recording and propery processing and tracking a migrants during mass infux cannot be understated, if monitoring and providing robust refugee support systems are to be effective. This is essentia to not just ensuring that refugees receive proper protection and support, but aso to detecting frauduent and unjustified caims, as we as identifying risks to security. The difficuty of deaing with undocumented refugees emerged during the SHANT exercise, when SMS officers were depoyed to the camp and had to impement an ad hoc system, whereby they took persona detais, photographed appicants and returned to their office to produce hard copy identity cards, before going back to issue them the foowing day. Whist it was an inspired and imaginative use of their imited resources, they coud ony process 200 peope per day and if a mass infux occurred, such a procedure woud be impractica, if for no other reason that it woud presumaby require refugees to be confined to the camp whie there were ong deays in issuing identity documentation. It is aso uncear why biometrics are not coected from asyum appicants for BMIS or the other systems, because if documentation is issued without any hard evidence of identity, it is very difficut to ensure that appicants do not subsequenty change identity, make mutipe caims or concea an adverse immigration or crimina record. Work woud sti appear to be needed to ink the migration databases and thought is required on how to efficienty and securey document asyum appicants, especiay during a mass infux at borders. It is accepted that BMIS woud not be the appropriate system from which to issue and machine print identity cards, but the poice DPV aready has the equipment capabe of doing so, as we as, in the case of Armenian nationas, coecting biometrics. This report is not intended to provide specific technica soutions for identity management and there may we be good reasons why the PVD registration system cannot be used earier in the refugee registration process. However, a possibe soution might be worthy of consideration whereby SMS have access to the PVD registration system to input asyum appications instead 62

64 of putting them on their own separate system, thus cutting out doube handing and enabing them to machine print identity cards, which woud require minima updating by PVD if asyum was granted. 5.2 Mobie Border Registration/Identity Technoogies The SMS experience of conducting asyum registration during a crisis ceary highights the need for a mobie registration system, which coud conceivaby operate under the PVD registration system. It may be that PVD aready has mobie units operating or avaiabe for operation, in which case consideration shoud be given to depoying them to borders in the event of crisis, if not for use by SMS, at east for use in conjunction with SMS officers. It is not cear whether the PVD terminas for visas on entry are or coud be made capabe of machine printing identity cards, but even if they are, it is unikey that there woud be enough of them to cope during a mass infux and mobie units woud sti be required. If the DPV system is not capabe of adaptation to mobie asyum registration, mobie equipment supporting the production of machine generated identity cards shoud be acquired for SMS, if possibe to ink to their existing system but if not, to work with a new one. As far as BMIS is concerned, mobie units are avaiabe at raiway stations, but ony worked offine and needed to downoad information to static units when passenger cearance had been competed. It was reported that aptops coud be redepoyed to BCPs in an emergency and provision of mobie units was panned at Bavra, Bagratashen and Gogavan BCPs, as part of the ongoing redeveopment of the sites. It was suggested that unofficia BCPs equipped with mobie BMIS units coud possiby be set up if mass migrant movements occurred. It has been recommended in the past on numerous occasions that BMIS shoud be used to take and store fingerprints, as is becoming increasingy common word-wide. If this capabiity was activated on BMIS, it coud assist in more accurate recording of a cross-border traveers, particuary those arriving undocumented during crisis movements, which woud in turn aow for more accurate identification of peope on the aert ist. Mobie eectronic fingerprint units are widey avaiabe and in 2008, BMIS was reported to be compatibe with document readers, distance/proximity/aser scan bar code readers and biometric devices. 79 It was aso said to be GIS based, GPS/RFD and WiMAX enabed and compiant with ICAO recommendations, 80 which woud suggest that with the right equipment, BMIS checks shoud be possibe in rea time, rather than having to downoad it ater from offine devices. This woud provide a faster and more efficient recording and checking system and woud be particuary usefu for processing refugees on board buses and trains during a mass infux. 5.3 Border Communications Systems In terms of communications, NSS and the Boarder Guard has an emai network, which incudes secure and open connections on Wi-Fi. Officers do not have persona radios, but carry IP teephones that operate through secure internet. Eectricity generators were avaiabe at the BCP for use during power faiures. Mobie phone coverage in Armenia is good and the system 79 Expansion of Advanced Border Contro and Management Technoogies in Armenia IOM Report Ibid. 63

65 INFORMATION MANAGEMENT is reiabe, but the ever-present threat of earthquakes presumaby eaves it open to damage in the event of disaster, which aso might appy to Wi-Fi systems. This is acknowedged in the Pan of the Organization of Protection of Popuation of the Repubic Of Armenia in case of a Severe Earthquake, 81 which goes into considerabe detai of how emergency response authorities shoud use shortwave and utra shortwave radio communications. This being the case, it woud seem ogica for the Border Guard to be incuded in the network and have rapid access to persona radio equipment for use in an emergency. It woud aso be prudent to incude their Georgian counterparts in a oca radio net. 5.4 Evauation - Information Management Migration information management currenty reies on 3 different databases and systems to record and process asyum appicants, operated by 3 different agencies, namey BMIS, the Register of Persons Seeking Internationa Protection, operated by NSS (Border Guards) SMS and the State Popuation Register and the Database on Residence Permits, operated by PVD. BMIS is a technicay advanced system and records a traveers crossing the borders, incuding asyum seekers, but does not currenty take fingerprints. The SMS asyum system, which initiay records a asyum seekers, is not capabe of machine printing identity cards and the PVD system, on which successfu asyum appicants are eventuay recorded, is capabe of printing identity cards and taking biometrics, athough currenty, ony from Armenian citizens. Athough these systems are reported to be inked, information coection and registration activity sti seems to be dupicated or even tripicated, which woud seem to indicate that more work is required to fuy integrate them. Creation of a joint database and coection of biometrics has ong been advocated by agencies and organizations in the migration structure, but progress seems to be sow. In terms of mass migrant movements across borders, provision mobie BMIS and registration equipment wi need to be a priority, but none, other than a imited number of offine BMIS units, exists. It remains open to debate whether either the SMS system or the PVD system coud be adapted to use mobie units to register and document refugees either at the border or in camps nearby, but the possibiity needs to be expored, as does taking biometrics from asyum appicants. Communications at BCPs reies on mobie teephone and Wi-Fi technoogy which, if a disaster such as an earthquake shoud occur, coud be disrupted. Officers at BCPs do not carry persona radios, but shoud be avaiabe as backup, with networks inked to counterpart BCPs across the border. 81 Annex N 1 of the decision N 919 of the Government of the Repubic of Armenia dated on

66 CONCLUSION and RECOMMENDATIONS The assessment reveaed the importance and high priority attached to confronting emergencies and natura disasters by the government of the Repubic of Armenia. Indicative of this is the estabishment of a ministry dedicated to coordinating interagency response to emergency situations and the active invovement of a ministries and agencies in eaborate contingency panning for nationa response. If further evidence is required, a government Crisis Management Academy has aso been estabished, which trains 800 speciaists a year and muti-agency exercises were hed ess than a year ago. Pans are documented, and deveoped in coaborative inter-agency processes and in consutation with internationa organizations. There is a depth of experience in coordination with internationa organizations deivering reief and assistance. Existing pans, at east those avaiabe for consutation, generay focus on mass movements of internay dispaced persons and do not tend to cover approaches to border management before, during or after humanitarian crises, as peope are moving into and out of the country. Legisation reating to mass infux has been deveoped and aows for temporary asyum to be appied to groups and specific nationaities, without the need for individua appications, and egisators have responded positivey when ambiguities or gaps are identified. Poicy towards refugees, the vast majority of whom have been of Armenian ethnic origin, has been very toerant and geared towards faciitating resident status and naturaization, with a view to rapid integration. Provisions have been made for the expedited entry of reief workers and equipment in the event of a disaster and thee are mechanisms to reax customs contros during mass movement. The Border Management system is we advanced, but using its capacity to coect biometrics woud strengthen migration contros. A system for eectronicay registering refugees and issuing machine generated identity documentation is needed, which woud aso benefit from being abe to coect biometrics. Any such equipment wi need to incude mobie units that can be depoyed to crises at short notice, as wi BMIS mobie units to boster capacity and provide access to aert ists when static units are not accessibe. BCP specific standard operating procedures for border officias are reported to be avaiabe on, but it was not cear if they dea with mass movements. Given the compex nature of migration contro, a review of existing SOPs is suggested to determine if further deveopment or updating is required, particuary in reation to mass movements. Generic BCP operating instructions for procedures appropriate to HBM are attached at annex and it is suggested that they be incorporated, if information is currenty acking, into SOPs for the day to day and management of BCPs. Training to dea with emergencies and humanitarian crises is panned through the Red Cross, but a training needs anaysis may be hepfu to ensure that it is, in future, incorporated, the estabished training curricuum and determine whether additiona materia is required. 65

67 CONCLUSION and RECOMMENDATIONS The foowing specific recommendations are made based on the review. Where it has not been possibe to review materia that is considered confidentia, generic type recommendations have been made that may not be fuy appicabe or appicabe at a. REGULATORY FRAMEWORK It is recommended that: 1.1 The government deveops a poicy reating to emergency mass movements that makes cear whether or not border posts wi remain open in the event of a crisis. If restrictions on BCP operation are imposed, the criteria appied to those crossing shoud be ceary speed out in the poicy and in standard operating procedures. 1.2 Existing pans reating to migration management and disaster management shoud be reviewed, particuary the Action Program for Impementation of the Poicy Concept for the State Reguation of Migration in the RA in , to either amend them to incude provisions for deaing with mass migration movements across borders or ensure that such provisions are incuded in future pans. 1.3 A fu review of migration egisation be undertaken to integrate migration reated aws e.g. Law on Foreigners, Law on State Border, the Law on Border Guard Troops, the Law on Foreigners, the Law on Poitica Asyum and the Law on Refugees and Asyum, migration reated eements of the Constitution and the Crimina Code, into a singe egisative instrument to reguate migration and asyum in Armenia. In order to make it as internationay compiant as possibe, conduct the review in conjunction with the IOM Anaysis of Armenian Migration Legisation and Practice as Compared to EU Standards, 2013 report and subsequent amendments either adopted or in the process of adoption. 1.4 The temporary protection provisions of Law on Refugees and Asyum shoud be reviewed in the context of what constitutes a mass infux, which is not currenty defined. It is possibe, therefore, that if a crisis deveoped very quicky, confusion woud occur over when to invoke group protection and who for. It may be sufficient to deegate authority, in the first instance, to the crisis manager at the BCP, but the aw shoud aow for this and the crisis management structure shoud be made cear. Consider an amendment to ceary specify what constitutes a mass infux and the procedure for invoking temporary protection. 66 ADMINISTRATION 2.1 Consideration be given to initiating a review of the current Border Guard training programme at a eves, to ensure that HBM concepts are fuy covered and that the impending Red Cross input is institutionaized within it, to provide continuity when the schedued programme at BCPs has been competed. 2.2 If it is not currenty provided, rapid response teams and senior managers at BCPs shoud receive speciaist training on crisis management in genera and, specificay, on its appication during mass migrant movements.

68 2.3 If a training communications network is not formay estabished, consideration coud be given to upgrading the existing structure with a system of training iaison officers (TLOs) to act as specificay designated points of contact with BCPs and to be responsibe for highighting oca training issues, encouraging their coeagues to do mandatory courses, organizing oca training on behaf of the training academy and disseminating training materia and instructions. 2.4 If not panned or aready underway, eements of the SHANT exercise in emergency response reating to migration management and refugee infux be reviewed jointy by a the agencies invoved, if possibe with observers from internationa organizations, to identify areas of weakness and determine how spheres of responsibiity, particuary in refugee camp management, can be improved or more ceary defined. If not aready in existence, joint agency SOPs for refugee camp management shoud be deveoped. 2.5 In future, exercises invoving refugee infux shoud incude deaing with mass movements at BCPs. 3. OPERATIONS 3.1 A fu anaysis of a BCPs shoud be conducted, to assess their susceptibiity to emergency mass migration movements, to incude potentia unofficia crossing points within their catchment areas. Incude mapping of existing infrastructure in the border area, human resources and (speciaized) equipment for use in both every day and emergency situations and what additiona equipment is ikey to be required to dea with mass movements. 3.2 Review the Action Pan and Timetabe for Impementation of The Border Security and Integrated State Border Management Strategy of The Repubic of Armenia ( ), 82 to ensure that, in particuar, HBM reated actions are in progress or have been competed incuding, in brief, joint pans to ensure pubic safety at borders during emergencies, joint contingency training programmes and emergency dris, reguar trainings on joint use of faciities and equipment by the agencies represented in BCPs and creation of a joint eectronic database for agencies at borders. A more comprehensive ist is highighted in section 2.1 (Poicy) of this report. 3.3 Review the pans for BOPs on the Georgian border and the existing faciities at the Isamic Repubic of Iran's border to identify where, during mass movements, contro and screening faciities might best be ocated, how the existing contro structure can be adapted and where refugee camps, etc. might be estabished. Contingency pans shoud be jointy prepared with neighboring countries or shoud at east be shared with them. Contingency pans shoud, at strategic eve, be generic and capabe of being quicky adapted to any emergency situation at individua or mutipe BCPs. 3.4 Consider forma biatera agreements with Georgia in regard to exchange of information, joint operations and joint use of equipment at BCPs, to incude new secondary eve egisation, reguations and SOPs for adoption on both sides. 82 Appendix to RA Government Decree no. 482 of Apri 21,

69 CONCLUSION and RECOMMENDATIONS 3.5 The composition and structure of existing rapid response teams in terms of HBM be reviewed. It is suggested that they shoud be drawn from border guard and NSS officers in a BCPs, regiona and centra offices, who coud be mobiized in event of a mass infux, with specific training in crisis management and enhanced training in other areas, such as the threat from trafficking and cross-border crime. Ideay, teams shoud be muti-agency and train together, so that response capacity in a agencies woud be enhanced by the depoyment of a singe team. 4. INFORMATION MANAGEMENT 4.1 A technica review of migration information management be instigated to assess the situation with regard to inking the various databases and systems in the migration structure to, as specified in the Action Pan and Timetabe for Impementation of The Border Security and Integrated State Border Management Strategy of The Repubic of Armenia ( ) create a joint eectronic database for agencies authorized to issue certificates and icenses in the area of border security and integrated border management and to integrate those data into the BMIS. 4.2 Deveop and depoy mobie equipment to BCPs in order to enabe registrations and production of identity documentation in emergency situations. Contingency pans shoud provide an inventory of equipment and the ocation of it. In the event of mass infux, the Border Guard, SMS and PVD shoud agree what is required to ensure the avaiabiity of an initia registration system at BCPs to coect basic identity information prior to, where necessary, enhanced screening in-country, with the objective that a traveers are recorded, propery examined, counted and checked against aert ists where possibe. Any registration databases, both for nationas and migrants, shoud be capabe of taking photographs and coecting fingerprints. They shoud be inked to each other to prevent fraud and crimina activity. Moreover, they shoud compy with internationa standards for data protection. 68

70 ANNEX A TERMS OF REFERENCE AND AGENDA FOR MEETINGS AND FIELD ACTIVITY OF THE HUMANITARIAN BORDER MANAGEMENT ASSESSMENT TEAM TERMS OF REFERENCE Enhancing institutiona preparedness of Border Guards in Humanitarian Border Management in Armenia Project: Strengthening Capacities of Armenian Nationa Security Service and Border Guards in their Response to Migration Crisis Nature of the consutancy: consutancy and technica advice to IOM on enhancing institutiona preparedness of Border Guards to respond to Migration Crises Expected Duration of the Consutancy: February 01-May 31, 2016 Introduction a) Mission to Armenia for meetings with main stakehoders and interviews - February 2016; b) First draft Report - 1 st week of Apri 2016; c) Submission of the finaized Report - May 15, 2016; d) Production of SOPs - May 31, About the Project Strengthening Capacities of Armenian Nationa Security Service and Border Guards in their Response to Migration Crisis project aims at strengthening the institutiona capacities of the Armenian Nationa Security Service and the Border Guards Troops to respond to migration crises and enhance their roe in inter-agency cooperation. 69

71 ANNEX A Objective of the consutancy: Carry out a country-specific mapping and examination of the types of natura disasters occurring in Armenia (incuding the South Caucasus) due to which peope may be forced to fee. Assess existing reevant nationa ega framework (incuding government decisions, immigration aws, standard operationa procedures (SOPs), reguations, MOUs, code of conduct and working agreements), guiding the preparedness for and response to humanitarian situations. Evauate existing poicy framework, incuding regiona, biatera, nationa and oca contingency pans and disaster risk reduction strategies guiding the command structure, cooperation and coordination among different governmenta, as we as non-governmenta stakehoders at times of crisis. Conduct mapping of governmenta and non-governmenta entities concerned with migration crisis management, and anayse their respective roes and responsibiities. Examine existing crisis-response human resources, incuding existence of speciaized units and their training, provisions for emergency depoyment and temporary recruitment. Assess existing HBM-reated training capacities, such as courses focusing on migrant protection, existing emergency response command structure and SOPs, migration heath, scenario and simuation trainings, search and rescue, training on psychosocia assistance and sexua and gender-based vioence. Review capacities for setting up, managing and security temporary accommodation/transit centers at the border. Evauate identity management at times of crisis, particuary issuance of emergency identity and trave documents and visa, registration of migrants (refugees, asyum seekers, third-country nationas, returnees). Examine information management procedures and capacities at times of crisis, incuding information sharing between various authorities, connectivity between border posts and headquarters and reporting systems. Appraise existing infrastructure and equipment, incuding speciaized equipment for border surveiance and patroing, communication, mobie registration, and search and rescue. Based on the findings, make recommendations for: i) institutiona deveopment and capacitybuiding needs of the Border Guard Troops and other reevant agencies; ii) ega and poicy framework; iii) improved awareness raising and cross-border cooperation in the emergencies. Provide advice and guidance (incuding advice on structure and content) to oca experts in deveoping Standard Operating Procedures (SOPs) in Humanitarian Border Management (HBM) for Border Guard Troops. Target: Repubic of Armenia Nationa Security Service, Border Guard Troops, RA Ministry of Territoria Administration and Emergency Situation and its State Migration Service Agency, other reevant bodies of the Armenian Government, project counterparts, etc. 70

72 Reports to: Head of Office, IOM Mission in Armenia Tasks to be performed under this contract: a) Conduct desk review, information gathering; b) Visit Armenia and conduct meetings and interviews with the reevant Government institutions and stakehoders in Armenia; c) Cooperate with oca consutants in eaboration of the recommendations and steer their work; d) Produce the Gaps and Needs Assessment Report; e) Progressivey report on impementation of the activities; mid-term submission of a draft report and fina report submission, incorporation of inputs by IOM Mission in Armenia and other stakehoders as suggested by IOM Armenia; f) Meet the deadines set for the assignments. Tangibe and measurabe output of the work assignment: Report on the Gaps and Needs Assessment for HBM in Armenia. Performance indicators for evauation of resuts: Satisfactory competion of tasks indicated in these ToR-s; Quaity of consutancy and eaborated anaysis; Adequate and prompt provision of the technica inputs; Timey deivery of drafts and deiverabes as indicated these ToR-s; Compiance with the MA/436: IOM Guideines on Research Report Writing (2010); IN/65: IOM House Stye Manua (2013); IN/171: IOM Speing List (2013) as we as IN/00138: IOM Data Protection Principes (2009); Adequate demeanour. Education, experience and competences: a) Competed advanced university degree in Socia Science, Poitica Science, Internationa Reations or Law. Education in a migration reated fied is an asset; b) At east 5 years of experience in academic research and / or professiona thematic consutancy; c) Proven experience in simiar tasks. Proven experience with internationa organizations, think tanks in conducting needs assessments, research and preparing guides, manuas, anaytica reports; d) In depth knowedge of border management; e) Exceent writing, communication and negotiation skis; abiity to prepare cear and concise reports. Exceent anaytica skis; f) Experience in migration management; g) Exceent knowedge of Engish is required; 71

73 ANNEX A About IOM The Internationa Organization for Migration (IOM) is the eading inter-governmenta organization in the fied of migration. IOM has 165 Member States and 8 Observer States (as of November 2016 IOM works to hep ensure the ordery and humane management of migration, to promote internationa cooperation on migration issues, to assist in the search for practica soutions to migration probems and to provide humanitarian assistance to migrants in need, incuding refugees and internay dispaced peope. The IOM Constitution recognizes the ink between migration and economic, socia and cutura deveopment, as we as to the right of freedom of movement. IOM works in the four broad areas of migration management: (i) Migration and deveopment; (ii) Faciitating migration; (iii) Reguating migration; and (iv) Forced migration. IOM activities that cut across these areas incude the promotion of internationa migration aw, poicy debate and guidance, protection of migrants rights, migration heath and the gender dimension of migration. IOM Mission in Armenia Strengthening Capacities of Armenian Nationa Security Service and Border Guards in their Response to Migration Crisis Assessment mission to map and examine the types of natura disasters occurring in Armenia existing preparedness, division of roes and responsibiities of stakehoders and cooperation as we as exchange of information with counterparts across the border Monday, 8 February Friday, 12 February 2016 Arriva at Yerevan Zvartnots Internationa Airport Accommodation: Congress Hote Day 1 - Monday, 8 February :30-10:30 Meeting at the IOM Armenia Office Location: 14 Petros Adamyan St., UN House Ms Iona Ter-Minasyan Head of Office Ms Sonya Armaghanyan Project Assistant 10:30-11:30 UN Department of Safety and Security Security Briefing Location: 14 Petros Adamyan St., UN House Mr Aram Gevorgyan, UNDSS 12:00-14:00 Repubic of Armenia Border-guards Headquarters Location: Davitashen Mr Artur Nabandyan, Head of Internationa Reations Mr Manve Maiyan, Deputy Head of BG Troops 72

74 Mr Gevorg Nersisyan, Head of Migration Department, NSS Mr Gevorg Navoyan, Head of IT / Communication, NSS 14:00-15:00 Lunch 15:15-16:30 Poice of the Repubic of Armenia Location: 130, Nabandyan St. Mr Mnatsakan Bichakhchyan, Head of Passports and Visas Department, RA Poice Lieutenant-Coone Mr Artur Manukyan, Head of Visas and Foreign Citizens Registration Division, RA Poice Lieutenant-Coone Mr Vahe Atabekyan, Head of Mobiization and Civi Defence Unit, RA Poice Coone 17:00-18:00 State Revenue Committee Mr Mher Martirosyan, Deputy Head of Customs Contro Department Mr Suren Meik-Israeyan, Deputy Head of Customs Contro Department Location: 3 Moveses Khorenatsi St Day 2 - Tuesday, 9 February :00-18:00 Actua Border Crossing Review at Bavra BCC Mr Gevorg Yengoyan, Head of Bavra Border Contro Detachment of Border Guard Troops Day 3 - Wednesday, 10 February :15-12:45 The Ministry of Territoria Administration and Emergency Situations Location: 109/8 A. Mikoyan Str. 4 th Bock of Davitashen Mr Nikoai Grigoryan, Deputy Director and RS Major Genera Mr Karen Hovhannisyan, Deputy Head of Popuation Protection and Eimination of Disaster Consequences Department Mr Vaeri Bagiyan, Head of Radioogica, Chemica and Bioogica Situations Monitoring Division under the Department of Popuation Protection and Eimination of Disaster Consequences, RS Coone Mr Karapet Karapetyan, Head of Man-Made Disasters Division under the Department of Popuation Protection and Eimination of Disaster Consequences, RS Coone Mr Hayk Mnatsakanyan, Deputy Head of RS Administration Department, RS Major Mr Ruben Khamoyan, Head Speciaist of Internationa Programs Division in the fied of Emergency Situations and Civi Protection under the Department of Externa Reations of the Staff 13:00-13:45 Armenian Red Cross Society Ms Hasmik Khachatryan, Disaster Management and Popuation Department Project Coordinator 13:45-14:15 Lunch 73

75 ANNEX A 14:30-15:30 Ministry of Labor and Socia Affairs Location: Government Buiding #3 Mr Vanik Babajanyan, Head of Demography Division 15:30-16:30 Ministry of Heath Mr Gabrie Tepeikyan, Head of Emergency Situations and Mobiization Preparedness Department Mr Armen Azizbekyan, Chief Speciaist of Emergency Situations and Mobiization Preparedness Department Ms Gohar Ghukasyan, Expert of Foreign Reations Department Ms Romea Abovyan, Head of Epidemioogica Department of Non-communicabe diseases and Inter-hospita Infections, Nationa Center for Disease Contro and Prevention State Non-Commercia Organization Ms Lusine Paronyan, Head of Epidemioogica Department of Diseases caused by Transmitter and Parasitic Diseases Ms Liit Babayan, Entomoogist at Nationa Center for Disease Contro and Prevention State Non-Commercia Organization Ms Gohar Panajyan, Deputy Head of Heath State Inspectorate Mr Martin Mkrtchyan, Chief Speciaist of Hygiene Unit of Heath State Inspectorate Day 4 - Thursday, 11 February :30-10:30 State Migration Service Location: 4, Hrachya Kochar Street Mr Gagik Yeganyan, Head of SMS 11:00-12:00 Repubican Veterinary-Sanitary and Phytosanitary Center of Laboratory Services State Non-Commercia Organization Location: 12 Erebuni St Mr Georgi Avetisyan, Deputy-Director 12:30-13:30 Ministry of Diaspora Location: 3Vazgen Sargsyan St., 6 th Foor Mr Levon Antonyan, Head of the Department for Armenian Communities of the Near East and the Midde East 13:30-14:30 Lunch 15:00-15:30 Ministry of Foreign Affairs Location: Government Buiding #2 Mr Vadimir Karmirshayan, Ambassador and Director of Consuar Department 16:00-17:00 UNDP Location: 14 Petros Adamyan St., UN House Mr Armen Chiingaryan, UNDP Project Coordinator 17:00-18:00 UNDP Location: 14 Petros Adamyan St., UN House Ms Aa Bakunts, Democratic Governance Portfoio Anayst 74

76 Day 5 - Friday, 12 February :30-10:30 State Migration Service Location: 4, Hrachya Kochar Street Mr Gagik Yeganyan, Head of SMS 11:00-12:30 UNHCR Location: 14 Petros Adamyan St., UN House Ms Kate Pochapsky, Protection Officer Ms Naira Marutyan, Protection Associate Ms Tatevik Badayan, Protection Assistant (NUNV) Departure to the airport - 13:30 Mission Team Expert: IOM Head of Office: Project Assistant: Interpreter: Driver: Security Foca Point: Mr Adrian Loxton Ms Iona Ter-Minasyan Ms Sonya Armaghanyan Ms Christine Karapetyan Mr Hrayr Annikyan Mr Armen Badiryan 75

77 REPUBLIC OF ARMENIA Needs and Gaps Assessment Report Edited by Nune Asatryan Designed by Aram Urutyan 76

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