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Legal regulation of migration and tourism: modern
challenges and development prospects in the context of
global changes
Liliya ACHILOVA
Tashkent State University of Law
ARTICLE INFO
ABSTRACT
Article history:
Received August 2024
Received in revised form
15 September 2024
Accepted 15 October 2024
Available online
25 November 2024
In this article, the author discusses the current state of
tourism and migration on both a global scale and within our
country, highlighting recent trends in the development of these
areas. The article provides proposals and recommendations on
the importance of legal regulation of migration, including labor
migration, and emphasizes the need for a unified legal
framework and consistent application of laws in both the
migration and tourism sectors. The author also offers opinions
on the necessary steps for the future development of these
industries. Additionally, a comparative analysis of the current
state of migration in Uzbekistan and globally is presented,
further enhancing the article's relevance. Comments are made
on the economic and legal issues surrounding the ongoing
migration crisis, caused by the global pandemic and refugee
crisis, as well as the worsening of the situation due to new
military conflicts and unrest. The fact that tourism is considered
a form of migration allows for its analysis in connection with
general migration trends. Alongside the discussion of the
current state of migration, the article explores its prospects,
presenting hypotheses about possible future economic
conditions and offering insights into potential economic and
legal solutions.
2181-
1415/©
2024 in Science LLC.
https://doi.org/10.47689/2181-1415-vol5-
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
tourism,
migration,
pandemic,
migration processes,
migration policy,
concept,
external and internal labor
migration,
International Organization
for Migration,
labor migrants,
climate migrants.
1
Associate professor, Doctor of Philosophy (PhD) in Law, Department of Business law, Tashkent State University of
Law. E-mail: Liliya.achilova@mail.ru
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Migratsiya va turizmning huquqiy tartibga solinishi:
global o‘zgarishlar sharoitida zamonaviy chaqiriqlar va
rivojlanish istiqbollari
АННОТАЦИЯ
Калит сўзлар:
turizm,
migratsiya,
pandemiya,
migratsiya jarayonlari,
migratsiya siyosati,
konsepsiya,
tashqi va ichki mehnat
migratsiyasi,
Xalqaro Migratsiya
Tashkiloti,
mehnat migrantlari,
iqlim migrantlari.
Maqolada muallif global miqyosda va yurtimizda turizm va
migratsiyaning joriy holati, s
о‘nggi yillarda mazkur sohalarning
rivojlanish tendensiyasi haqida s
о‘z yuritgan. Turizm sohasi
bilan birgalikda migratsi ya, shu jumladan, mehnat
migratsiyasini huquqiy tartibga solishning ahamiyati, mazkur
sohalarda yagona huquqiy baza hamda yagona huquqni q
о‘llash
amaliyotini shakllantirish yuzasidan taklif va tavsiyalar
berilgan. Turizm va migratsiya sohalarining istiqboldagi rivoji
uchun qanday ishlarni amalga oshirish lozimligi yuzasidan fikr-
mulo hazalar bayon etilgan. Shuningdek, maqolada
О‘zbekistonda va dunyoda migratsiyaning joriy holati qiyosiy
tahlil qilingan. Global pandemiya va qochoqlar inqirozi tufayli
yuzaga kelgan migratsiya inqirozining bugungi kunda ham
davom etayotganligi, yangi-yangi urush
о‘choqlari va
notinchliklar natijasida mavjud ahvol og‘irlashishining
iqtisodiy-huquqiy
masalalari
xususida
fikr-mulohazalar
keltirilgan. Ayni paytda turizmga migratsiyaning bir turi sifatida
yondashilganligi uni umumiy migratsiya bilan bog‘liq holda
tahlil qilishga imkon bergan. Migratsiyaning bugungi holati
bilan birga uning istiqbollari muhokama qilingan holda,
kelajakda yuz berishi mumkin b
о‘lgan iqti sodiy holatlar
t
о‘g‘risida farazlar ilgari surilgan va ularning iqtisodiy
-huquqiy
yechimlari b
о‘yicha fikr bildirilgan.
Правовое регулирование миграции и туризма:
современные вызовы и перспективы развития
в условиях глобальных изменений
АННОТАЦИЯ
Ключевые слова:
туризм,
миграция,
пандемия,
миграционные процессы,
миграционная политика,
концепция,
внешняя и внутренняя
трудовая миграция,
Международная
организация по миграции,
трудовые мигранты,
климатические мигранты.
В данной статье рассматриваются текущее состояние
сфер туризма и миграции в глобальном масштабе и в нашей
стране, а также тенденции их развития в последние годы.
В статье представлены предложения и рекомендации по
важности правового регулирования миграции, включая
трудовую миграцию, необходимости формирования единой
правовой базы и практики применения единого
законодательства в этих сферах, в том числе в секторе
туризма. Высказываются мнения о том, что следует
предпринять для дальнейшего развития секторов туризма и
миграции. Кроме того, проведён сравнительный анализ
текущего состояния миграции в Узбекистане и в мире, что
повышает значимость исследования. Приведены замечания
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по экономическим и правовым вопросам продолжающегося
миграционного кризиса, вызванного глобальной пандемией
и кризисом беженцев, а также усугубления текущей
ситуации вследствие новых военных действий и
беспорядков. Тот факт, что туризм рассматривается как
разновидность миграции, позволил провести его анализ в
контексте общей миграции. Наряду с обсуждением текущего
состояния миграции и её перспектив, были выдвинуты
гипотезы о возможных экономических обстоятельствах в
будущем, а также предложены мнения об их экономических
и правовых решениях
.
INTRODUCTION
The pandemic, announced at the end of 2019, had a significant negative impact on
the global migration landscape. Tourism and migration were among the most severely
affected sectors. Due to the threat of COVID-19, nearly all countries around the world
closed their borders. As experts predicted at the onset of the pandemic, it became evident
that the world would not return to its previous state after the pandemic. Moreover, 2020,
a year when the pandemic reached multiple peaks, was a challenging time for both
tourism and migration, as well as many other sectors. Tourism, in turn, played a
considerable role in the global spread of the pandemic. In Uzbekistan, the COVID-19 virus
was first detected in a citizen returning from France, who had initially traveled to France
from Guadeloupe, a territory in the Caribbean Sea, and then returned to Uzbekistan via
France [1].
In the field of migration, not only the pandemic but also other risks began to
surface. The pandemic exacerbated crises in countries already struggling due to political
instability. Countries such as the Syrian Arab Republic, Yemen, Lebanon, Myanmar, and
Afghanistan faced increased political instability, conflicts, protests, and natural disasters,
which led to the migration of thousands, if not millions, of people. Currently, there are
approximately 272 million migrants worldwide, accounting for 3.5% of the global
population [2, p. 20]. India tops the list of countries with the highest emigration rates,
while the United States leads in accepting migrants [2, p. 20].
In recent years, floods in Bangladesh and Thailand, massive hurricanes in North
America, conflicts in Libya and Yemen, political and economic crises in Venezuela, and
the global pandemic have increased the demand for emergency assistance and rapid
protection systems for migrants. It became clear that the current systems are incapable
of meeting this demand. Similarly, in the Russian Federation, the attempt to repatriate
migrants who lost their jobs due to the population's transition to self-isolation during the
pandemic placed a significant burden on consular services. On the other hand, as
quarantine restrictions eased and many enterprises resumed operations, it became
apparent that the country's internal human resources were insufficient to meet the
demand for labor [3].
LITERATURE REVIEW
Since changes in the fields of migration and tourism are international issues,
research and analysis involved not only the theoretical views of national and foreign
scholars and the legislation of both national and foreign countries but also reports and
presentations by international organizations on migration and tourism. The scientific-
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theoretical perspectives of Uzbek scholars such as L. Achilova, Sh. Ro'zinazarov,
M. Isakulov, A. Otajonov, R. Mominov, and B. Isroilov were examined. Foreign sources
included references to the legislation of Russia, Belarus, Kazakhstan, Georgia, and the
Philippines. Reports such as the United Nations' International Migration Statistics, the
International Organization for Migration's World Migration Report, and the World Bank's
research on internal climate migration were extensively studied and their relevance to
Uzbekistan and the Central Asian region was analyzed.
MATERIALS AND METHODS
The methodological basis of the research lies in the application of a systematic
approach to analyzing the current state and future prospects of the tourism and
migration sectors. Based on the analysis, the theoretical foundations and unique
characteristics of tourism and migration were thoroughly assessed, and corresponding
conclusions were drawn.
Given that tourism and migration are interrelated but distinct fields, it is
appropriate to consider them separately. However, their interconnectedness cannot be
denied. In crisis-affected areas, among migrants, there were not only permanent
residents but also temporary workers, business travelers, tourists, students, as well as
refugees [4, p. 307].
RESEARCH RESULTS
Tourism
In essence, tourism is also a form of migration. Intellectual migration, internal and
external labor migration are also types of migration. In international law, individuals
engaged in tourism migration are referred to as “visitors.”
The open policies of President Shavkat Mirziyoyev have paved the way for the
rapid development of the tourism sector in Uzbekistan. For example, from 2017 to 2019,
revenue from tourism services and their contribution to the country’s GDP increased by
2.5 times. In 2019, tourism services accounted for 2.3% of GDP [5].
According to data, tourism’s contribution to Georgia’s GDP is 11.6%. In this
context, Uzbekistan, with its diverse economy, could have achieved a total tourism
revenue amounting to several billion dollars due to the rapid development of the sector
in recent years. However, the coronavirus pandemic, which began spreading globally at
the beginning of 2020, disrupted these plans. The tourism crisis that affected all
countries did not bypass Uzbekistan either. In 2019, the volume of tourism services
exports amounted to between $1.3 billion and $1.4 billion (according to the Tourism
Development State Committee, currently the Ministry of Tourism and Sports, the figure
was $1.3 billion, while the State Statistics Committee reported $1.4 billion). In the first
half of 2020, revenue from the export of tourism services totaled $203.5 million. Of this,
99.5% ($202.4 million) was generated in the first quarter of 2020, while the figure for the
second quarter dropped to just $1.1 million.
Nevertheless, 1.504 million foreign tourists visited the country in 2020, and the
value of tourism services rendered amounted to $261 million. For 2021, it was planned
to increase the number of tourists to 1.7 million and tourism services exports to
$370 million. Additionally, the number of domestic tourism participants, which was
1.8 million in 2020, was expected to reach 7.5 million this year [6].
In general, over the past five years, the organizational and legal foundations for the
development of tourism in the Republic of Uzbekistan, as well as the types of services
provided, have been significantly improved. A separate state div responsible for
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tourism
–
the State Committee for Tourism Development (now the Ministry of Tourism
and Sports)
–
was established, and its head was given the status of Deputy Prime Minister
of Uzbekistan. Additionally, the system for training personnel and conducting scientific
research in the field of tourism was revised, and the Silk Road International University of
Tourism was established to specialize in training tourism professionals.
A regulatory and developmental framework for the tourism sector has been
established, comprising a set of normative legal documents. These documents include the
"Law on Tourism," the 2019
–
2025 Concept for Tourism Development in Uzbekistan,
legislation aimed at providing various incentives and preferences for tourism businesses,
attracting and promoting investments in the sector, and offering different benefits to
foreign investors.
Even during the pandemic, several legislative acts were adopted to support the
tourism sector. Notably, the Decree of the President of the Republic of Uzbekistan
No. PF
–
5969, dated March 19, 2020, "On Priority Measures to Mitigate the Negative
Impact of the Coronavirus Pandemic and Global Crisis on Economic Sectors," and the
Resolution of the President of the Republic of Uzbekistan No. PQ-4755, dated June 19,
2020, "On Additional Measures for the Development of the Tourism Sector in Strict
Compliance with the Enhanced Sanitary and Epidemiological Safety Regime" were
adopted. To implement these resolutions, the Cabinet of Ministers issued Resolution No.
602 on October 6, 2020, "On Supporting Tourism Sector Entities and Developing Tourism
Infrastructure in the Context of the Economic Situation Caused by the Coronavirus
Pandemic." In accordance with this resolution, the activities of tourism entities were
supported through compensations funded by the State Fund for Supporting
Entrepreneurial Activity. These measures played a crucial role in stabilizing the
operations of tourism businesses during the crisis.
Additionally, at the beginning of 2017, the number of countries whose citizens
could enter Uzbekistan without a visa was fewer than 10. Within three years, this list
expanded almost tenfold in accordance with the relevant normative legal documents.
A visa-free transit regime allowing foreign citizens to stay in the country for up to 5 days
was introduced. Procedures for registering and documenting foreign citizens were
significantly simplified, including the introduction of electronic visas. Special visa
categories were also introduced.
MIGRATION
In recent years, reforms in the migration sector, particularly in labor migration,
have been implemented alongside those in the tourism industry. However, there remains
significant work to be done. Strengthening the legal framework for migration, especially
external and internal labor migration, remains a priority.
On a global scale, according to the International Organization for Migration (IOM),
the total number of international migrants worldwide has reached approximately
272 million, with two-thirds of them being labor migrants. In 2020, the total value of
official remittances sent by migrants globally exceeded $689 billion USD. In 2020 alone,
Uzbek labor migrants in the Russian Federation sent $5.5 billion USD in remittances,
accounting for approximately 10% of the country's GDP. Uzbek labor migrants make up
10% of all labor migrants in Russia. As a result, significant reforms have been
implemented in this area.
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For instance, the Agency for External Labor Migration sent 922 citizens to Russia
for employment in an organized manner in 2017, and this figure increased to 50,000 in
2018. The agency also opened representative offices in foreign countries.
The legal framework for labor migration has been improved. Between 2018 and
2021, over 10 normative legal documents were adopted in this area, including the Law of
the Republic of Uzbekistan "On Private Employment Agencies" and the Law
"On Employment." A draft law "On External Labor Migration" has been developed and is
currently under discussion.
Despite the introduction of new systems to address the needs of labor migrants,
cases of illegal labor migration still occur among Uzbek citizens abroad. For example, the
Ministry of Internal Affairs of the Russian Federation announced on April 16, 2021, that
332,620 Uzbek citizens residing illegally in Russia must leave the country by June 15,
2021. This deadline was later extended to September 30, 2021. These individuals were
citizens of Uzbekistan who had been unable to renew their documents in time due to the
pandemic.
As of the end of 2020, over 1.63 million citizens left Uzbekistan in search of
employment, with nearly 1 million of them
–
944,328 people
–
heading to Russia,
626,791 to Kazakhstan, and others to Turkey, South Korea, and other countries.
It is important to note that external labor migration is receiving attention at the
highest levels of government. On October 15, 2021, restrictions preventing
158,000 Uzbek citizens from entering Russia were lifted.
In 2019, Uzbekistan became the 173rd member of the International Organization
for Migration (IOM). A full-fledged IOM office was opened in Tashkent following the
signing of an agreement between IOM and Uzbekistan. The Constitution of the
International Organization for Migration (Brussels, October 19, 1953) was ratified by
Uzbekistan's Law No. 510 on December 26, 2018.
At the CIS Summit of Heads of State on October 16, 2021, President of Uzbekistan
Shavkat Mirziyoyev also addressed the issue of migrant safety and health, presenting his
proposals on the matter.
On August 11, 2020, the President of the Republic of Uzbekistan issued Resolution
No. PQ-4804, "On Additional Measures to Involve Unemployed and Low-Income Citizens
in Entrepreneurial Activities, Increase Their Labor Activity, and Provide Vocational
Training for Ensuring Employment," establishing "Ishga Marhamat" (Welcome to Work)
mono-centers in Karakalpakstan and the regions, along with vocational training centers,
short-term vocational training courses, and vocational training facilities for
neighborhood residents. These centers aim to provide vocational training for in-demand
professions both domestically and internationally, improving the quality of life and
employment opportunities for the population.
Additionally, there are plans to train young people in information technology and
programming up to higher education levels, preparing them for highly sought-after jobs
globally. IT academies are being established in various regions for this purpose.
Despite the progress made, several issues in the migration sector remain to be
addressed. First, the scope of organized external labor migration is insufficient. There is
also a lack of reliable and accurate statistics on external labor migration.
Second, analytical and statistical work on internal labor migration has not been
conducted, even though the necessary legal frameworks exist. More work needs to be
done to develop the internal labor market and accelerate training for professions that are
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in high demand. The lack of experienced personnel and sufficient knowledge in this area
among local officials plays a significant role in this gap. There is also no analysis of the
number of people moving from one region to another in search of work. Such analysis is
important for understanding why people migrate for work, and for assessing the
socioeconomic conditions of both regions. Based on these analyses, appropriate
economic and legal measures can be taken.
Third, a unified migration policy and a legal framework governing both external
and internal labor migration have not yet been developed. It would be advisable to
establish a comprehensive migration law.
Fourth, in order to ensure uniform legal application, it is necessary to introduce
precise legal definitions for terms such as "external labor migration," "internal labor
migration," "informal employment," "youth employment," "seasonal employment," and
"hired labor," in line with international standards. This would facilitate the clear and
uniform understanding of these concepts and eliminate any ambiguities.
Fifth, it would be beneficial to develop a draft law "On Migration" that would
provide comprehensive information on all types of migration and directly address these
issues. Just as the adoption of the Law on Tourism consolidated various legal provisions
and outlined a unified tourism policy, the adoption of a Law on Migration could outline
the main directions and objectives of migration policy. Moreover, the ratification of the
International Labour Organization's (ILO) Convention No. 97 on Migration for
Employment could contribute to the development of a unified migration legislation.
Sixth, it is important to study and apply the experiences of countries with similar
legal and socioeconomic conditions, such as the Commonwealth of Independent States
(CIS) countries and those with significant experience in migration, such as the
Philippines. Specifically, the development of a state migration policy concept for
Uzbekistan for the period 2021
–
2027 would be advisable. A similar concept was
approved by a presidential decree in Russia on October 31, 2018. [14]
Based on the experience of Kazakhstan, it is advisable to critically review the
country's migration legislation. In Kazakhstan, laws such as "On Population Migration"
and "On Refugees" (2011) have been adopted. Furthermore, a draft law
"On the Regulation of Migration Processes" has been developed [15].
In the Republic of Belarus, laws like “On External Labor Migration” (2010) and
"On Granting Refugee Status, Additional and Temporary Protection to Foreign Citizens
and Stateless Persons" (2008) were enacted [16]. The experience of these countries can
be utilized in improving migration legislation. Additionally, studying the experience of
the Philippines in supporting labor migrants could prove equally beneficial for both
legislative development and the practical application of law.
The Philippines ranks fourth in the world in terms of labor export, following China,
India, and Mexico. Currently, approximately 3.5 million people leave the country annually
for temporary employment. By the late 20th century, one of the main objectives of the
Philippines' "economic diplomacy" was to expand labor export abroad [17].
Today, 7.6 million Filipino citizens work as labor migrants in more than
90 countries worldwide. Since 1970, under the leadership of President Ferdinand
Marcos, the Philippines began implementing a policy to regulate labor migration and
officially export its workforce. This policy helped the country address unemployment,
alleviate social pressures, and secure a significant influx of foreign currency. In 1974,
the “Labor Law” was adopted, legalizing labor export.
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In 1982, by Presidential Decree No. 797, a program to support, develop, and
protect the rights of labor migrants was launched. According to this program, labor
migrants receive assistance at the governmental level in areas such as employment, entry
and exit from the country, document processing, timely salary payments, and resolving
issues related to recruitment agencies and employers. Consequently, any foreign
employer wishing to hire Filipino citizens must first provide documentation about their
legal activities to the Philippine Overseas Employment Administration (POEA) and its
branches. Only after this process is a labor contract allowed to be signed between the
parties.
Apart from the POEA, three other state institutions in the Philippines deal with
migration matters:
•
The Agency for Social Support of Filipinos Abroad and the Protection Fund for
Filipino Migrants;
•
The Technical Education and Skills Development Authority (responsible for
training Filipinos in high-demand professions abroad and teaching the languages of the
countries they plan to work in);
•
The Agency for Migrant Organization (which organizes the structured departure
of migrants in groups abroad) [20].
Although this agency plays a significant role in organizing labor migration, it is not
the only one in the country. In addition to this agency, there are 1,351 private
employment agencies engaged in sending migrants abroad [18, p. 131].
CONCLUSIONS
In conclusion, it should be noted that recent reforms in the tourism sector have led
to a significant transformation of its organizational and legal framework. As a result, the
positive impact can be seen in the dynamic growth of tourism potential, as previously
discussed. However, there are still many areas that need improvement in regulating
migration and creating conditions for our citizens to work abroad legally and safely. The
mentioned issues and suggested solutions could play a crucial role in effectively
organizing internal and external labor migration. Moreover, the new Groundswell report,
published on September 13, 2021, indicates that by 2050, up to 5.1 million climate
migrants may emerge in Eastern Europe and Central Asia [19, p. 95]. This would account
for 2.3% of the projected population, with approximately 2.4 million of them residing in
Central Asia. To address such challenges, long-term strategies must be developed.
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