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К содержанию номера журнала: Вестник КАСУ №4 - 2009

Автор: Бокжараулы Алтай

Norms and institutes’ construction of migratory right is caused by various aspects and categories of the population’s migration. Being a complex social phenomenon, migration of the population is investigated by many professionals such as demographers, economists, geographers, historians, sociologists, lawyers and political scientists. Specific approaches to the migration analysis, in particular their definitions and methods of the research, were formed depending on the purpose and character of the scientific analysis within each branch of knowledge.

In demographic, sociological and economic research a broad sense of the concept "migration" designates any territorial moving of the population irrespective of duration, regularity or a target direction [1]. Hence, any sort of moving of the population that leads to its territorial redistribution no matter whether they change a place of living forever or for a certain time is called migration.

In the narrow sense the term "migration" is used concerning such form of territorial mobility which at the same time is responsible for both conditions: first, the population moves from one settlement to another and, secondly, moving is accompanied by changes of a constant place of living. At such approach to migration processes they do not include incidental or seasonal moving (tourist, business, educational) and acts of pendulum migration (from a place of residing to a place of work and in the opposite direction).

The specificity of migratory movement as a subject of the social economic and politic legal analysis lies in interterritorial character of this phenomenon. If the natural phenomena and other internal economic processes are self-development of separately taken society, migration acts as index of influence of different territorially and socially divided human communities. The process of migration is not only connected with sharp change in geographical, territorial place of residing, but also with appropriate society and social, politic legal environment. Individuals not simply leave their old territorial (geographical) place of residing, but also leave one society joining a new one that, in turn, causes the necessity of political and legal regulation of appropriate relations.

Both social economic and political legal analysis of migration and its classification are realized with the purpose of revealing the motive forces of movement of the population and motivation of people who are involved in this process. And, it is used to get an estimation of influence of the results of migratory processes on demographic development and labor market transformations, social and economic, and political legal situation; and also an estimation of development prospects of the migratory processes forecasting of their future tendencies and appropriate political legal regulation.

As it was mentioned, migration of the population can be voluntary and forced depending on whether there is a change of constant or temporary place of residing.

What are the reasons and consequences of migration? Scientific analysis shows that there are certain objective and subjective factors, which influence migratory moods of potential migrants. First of all these are two major factors: pushing out and attracting, which contribute motivations of the departure or force moving. Migratory motives of potential resettlement are formed under the influence of certain economic, social, political factors and are basically connected with a desire of the individual (or a certain group of people) to improve his/her (or family’s) social status. A wide variety of reasons that stimulate migratory moods can be grouped according to the following parameters: economic, political, social and, natural (connected with a state of environment).

In turn, each of the named blocks has its internal motive forces, which are shown in the table (see: Table 1).

Table 1. Migration motive forces

Economic Personal or family possibilities; access to resources; national and a world policy of labor and economic development.
Political War and civil rebellions; infringement of human rights; reform of the states; governmental policy.
Social Family connection; area of migration; educational possibilities; expansion of the knowledge about other places and cultures; a racial and ethnic membership; religion.
Natural Unexpected elements of nature; cataclysms and danger; accidents; an urbanization and development; the destructions connected with war.

Migratory processes and migratory streams differ according to the named reasons. There is no uniform, standard classification of migration. So there are different methods of approach to classification of migration types among scientists. Depending on what criterion is taken as a principle classification there are differentiation schemes of migratory moving.

By its duration migration process is divided into constant (with resettlement on a constant place of residing) and temporary (with returning); by legal principles it is divided into legal and illegal. By the way of realization there are organized and unorganized (individual) migrations. The former types of migration take place with assistance of the state, international bodies, and sometimes non-governmental national or international organizations, welfare funds; the latter are forced and leave migrants themselves without financial and organizational support of certain establishments. Criteria of duration and a way of realization can be applied to the classification of both international and intrastate migratory movement, while criteria of legality concern only external migrations.

Thus, according to the named reasons and motives of moving of the population, types of migratory streams and criteria of their differentiation, nowadays the most widely spread and accepted classification of migration is the following:

Internal migration which implies population movement processes across the country is, as a rule, divided in accordance with directions of migratory streams [3]:

Village to village: resettlement of agricultural workers from one rural region to another. In such countries as India, Thailand and the majority of the countries of Africa which are still agrarian migrations of «village to village» are dominant;

Village to city: reasons of resettlement of the population from countryside to a city district are poverty, low profit in agriculture, low labor productivity, population growth, ecological difficulties and relative absence of economic possibilities. According to the United Nations data it is expected that the next 20 years an urban population of developing countries will increase to a billion people [4]. Today this type of migration is considered to be the most widespread form of internal migration in developing countries.

City to city: in general it is migration from one city region to another for the purpose of employment; it is characteristic of the countries with a high density of population in urban areas, for example in North America and Europe. Until today migrations in directions «village – city» and «a city – a city» have been dominating in the structure of migratory flows in Kazakhstan.

City to village: as a rule, the purpose of this migration is moving to a new settlement, or it is a reverse migration of those who have previously moved to a city from village.

External migration (emigration, immigration) is resettlement of people from one country to another which is characterized by crossing boundaries. External migration (it is also named international) includes such concepts as emigration (departure from the country for the purpose of constant living in another country) and immigration (entrance of foreigners to the country for extended or constant residing).

The most widespread classification of the international migration (according to the reasons and consequences of this phenomenon) consists of six different types of migratory flows [5]:

1) Resettlement with the purpose of permanent residence - immigrants whose entrance is legally allowed and who expect the settlement in host countries, including people having the entry visa for the purpose of reunion with their families.

2) Registered labor migrants who can be subdivided into two categories: Impermanent workers-contract employees, as a rule, not qualified, or semi- qualified who are in a host country for a certain period of time; Impermanent qualified employees who move from one country to another as they work in transnational companies and/or in joint ventures.

3) Illegal (not registered) migrants, as a result of illegal entrance or staying who have no legal status in a host country. If host countries start to limit the allowing policy, this kind of migration often increases. For host countries which have a weak immigration control, in certain cases unregistered migration can be normal. By the way, it is very essential for Kazakhstan.

4) Refuge seekers – people who cross the country’s borders and hand in an application to get a refugee status because of fear of prosecution b political, religious, ethnic motives or because of belongingness to a certain social group. The decision on refuge status granting is made according to the criteria formulated in the Convention on the status of the refugee of 1951 and Report of 1967 for those countries which have signed them.

5) Recognized refugees, according to the Convention of 1951 on the status of refugees, people who are defined by the governments of the certain states as refugees «because of well-founded fear of prosecution on the basis of ethnicity, religion, citizenship, belongingness to certain social groups or political views as a result of which they are outside the country of their citizenship and cannot or do not want to take an advantage of this country’s protection due to the designated fears; or without having citizenship and being outside of the country of their usual residing as a result of such events, not to be able to come back to their home countries».

Understanding that it is a lot of outwardly displaced people who do not fall under this definition, forty two African [6] and ten Latin American countries [7] have signed regional documents which expand the concept of the refugees;

6) De facto refugees, sometimes are designated with the term of outwardly displaced people, who do not fall under the designation of refugee according to the Convention of 1951 or Report of 1967 but who, for the recognized important reasons (especially such as war or violence expansion), are given temporary protection and consequently don’t have to return to their countries of citizenship, or if they do not have citizenship in the countries of habitual residing or living.

Undoubtedly, in a real life migration occurrences can be different, and today’s often named migratory flows are still interlaced, mixed up, and integrated.


1. Рыбаковский Л.Л. Миграция населения: прогнозы, факторы, политика. – М.: «Наука», 1987. – С. 26.

2. Прибыткова И.М. Основы демографии: Пособие для студентов гуманитарных и общественных высших учебных заведений. – М.: «АртЭк». 1995. – С. 232.

3. Рыбаковский Л.Л. – Отмеч. Труд. – С. 24.

4. Overview of International Migration. – it is specified work. – the river 2;

5. Pribytkova I.M. – It is specified work. – p. 233.

6. Overview of International Migration. – it is specified work. – p. 2

7. Appleyard, Reginald T. – it is specified work. – p. 22-23;

8. Eppljard Redzhinald. – It is specified work. – p. 16-19;

9. Overview of International Migration. – It is specified work. – p. 3-4.

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