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1 Distr.: For participants only 18 April 2013 Original: English Asia-Pacific Regional Coordination Mechanism Thematic Working Group on International Migration, including Human Trafficking Asia-Pacific Regional Preparatory Meeting for the General Assembly High-level Dialogue on International Migration and Development 2013 Bangkok, May 2013 Round table discussions Item 5 of the provisional agenda Summary This paper provides information relating to the topics of the four round table discussions to be held under this agenda item: I. Ensuring respect for and protection of the rights of all migrants and promoting legal and orderly labour migration; II. III. IV. Addressing the gender dimensions of international migration and their impact on women, children and families; Assessing the effects of international migration on sustainable development and identifying relevant priorities; and Promoting regional cooperation and institutional coherence and partnerships in addressing international migration. For each round table discussion, background information is provided in the present note, challenges for policymakers are identified, relevant norms and international agreements are cited, and action-oriented recommendations are made. DMR A TP SDD_IMD_RPM_2E

2 Contents Page Summary... 1 Introduction... 3 I. Ensuring respect for and protection of the rights of all migrants and promoting legal and orderly labour migration... 3 A. Background... 3 B. Challenges... 4 C. Norms and international agreements... 6 D. Action-oriented recommendations... 7 II. Addressing the gender dimensions of international migration and their impact on women, children and families... 8 A. Background... 8 B. Challenges... 8 C. Norms and international agreements D. Action-oriented recommendations III. Assessing the effects of international migration on sustainable development and identifying relevant priorities A. Background B. Challenges C. Norms and international agreements D. Action-oriented recommendations IV. Promoting regional cooperation and institutional coherence and partnerships in addressing international migration A. Introduction B. Forums for international dialogue C. Forums for regional cooperation D. Cooperation at the subregional level E. Bilateral cooperation F. Institutional coherence at the national level G. Challenges H. Action-oriented recommendations V. Conclusion

3 Introduction 1. This note contains background information for the four round table discussions to be held under item 5 of the provisional agenda for the Asia- Pacific Regional Preparatory Meeting for the General Assembly High-level Dialogue on International Migration and Development The purpose of the round tables is to address several key features of migration and development in greater depth than was possible in the overview provided by agenda item 4 of the provisional agenda. I. Ensuring respect for and protection of the rights of all migrants and promoting legal and orderly labour migration A. Background 1 2. The Population Division of the United Nations Secretariat has estimated that the world s stock of migrants, defined as persons residing outside their country of birth, was 214 million in Estimates of migrant workers by the International Labour Organization (ILO) for 2010 are million, of which a little more than 30 million (or almost 30 per cent) were in Asia. 3. There are three main labour migration flows in Asia: (a) from South Asia and South-East Asia to Gulf Cooperation Council countries; (b) to and within the region of the Association of Southeast Asian Nations (ASEAN); and (c) to East Asia, mainly from countries in South-East Asia. In other words, most of the labour migration flows in this large and diverse region are intraregional. Economic growth, labour shortages and wage differentials among countries of origin and destination continue to drive labour migration in Asia. Labour migration in the Pacific is characterized by seasonal worker programmes and labour mobility in the framework of trade agreements. 4. Labour migration occurs largely under temporary migration regimes and is for less-skilled work. Women comprise almost 50 per cent of the flows and are concentrated in domestic work. The region is marked by substantial remittance inflows. There were six Asian countries among the top 20 remittance-receiving countries in Some Asian countries host a large number of undocumented migrant workers. 5. The Asia-Pacific region hosts the largest number of refugees worldwide. It accounts for almost 30 per cent of the global population of concern to the United Nations High Commissioner for Refugees (UNHCR), approximately 9.6 million people at the end of With regard to labour migration, this note draws on a draft by Nilim Baruah, entitled Trends and outlook for labour migration in Asia, ILO, World Bank, WBSITE/EXTERNAL/ EXTDEC/ EXTDECPROSPECTS/0, contentmdk: ~menuPK: ~pagePK: ~piPK: ~theSitePK: ,00.html, RemittancesData_Inflows_Nov12.xlsx, accessed on 25 March United Nations High Commissioner for Refugees, UNHCR Global Trends 2011, available at 3

4 6. A report by the United Nations Development Programme (UNDP) refers to the ability to decide where to live as a key element of human freedom. 4 For some people, exercising this freedom by crossing international borders can bring substantial benefits in terms of enhanced human security and protection as well as improved livelihood chances. For many, it can entail significant risks and costs as a result of restrictive entry regimes, xenophobia and racism, lack of public awareness of the benefits of immigration in receiving countries and the absence of a consistent legal and policy framework that upholds and protects the rights of different categories of migrants, including refugees and non-refugee stateless persons 5 during the full migration cycle. B. Challenges 7. Memorandums of understanding (MOUs) have not always adequately served their purpose. In some countries, more migrant workers enter undocumented than through an MOU process. This is partly explained by slow emigration procedures in the countries of origin. Nevertheless, MOUs and bilateral agreements are an important tool in Malaysia, the Republic of Korea, Thailand and elsewhere both to create order in the migration process and to agree on standards for the employment of migrant workers. Countries of origin are keen to pursue and review agreements that protect their migrant workers and provide admission. 8. While labour migration in Asia generates substantial benefits for countries of origin in terms of jobs and remittances (and for countries of destination, in human resources), abuses during recruitment and employment are quite common and have been well documented. 6 Private recruitment agencies play a primary role in matching job seekers and employers. However, malpractices and abuses are fairly common and include high costs and fees, misrepresentation, failure to meet placement obligations and contract substitution. The high recruitment costs combined with low wages have led to heavy debt burdens for workers. Women often face barriers in finding overseas employment, and female domestic migrant workers are among the most vulnerable. 9. During employment overseas, migrants are often concentrated in sectors with inadequate labour legislation and enforcement. Common practices include substitution of contracts, deception about wages and working conditions, withholding of wages, retaining passports or identity documents and threats of denunciation to the authorities. Female domestic workers in private households and male migrants working on fishing boats or in agriculture are the least protected from abusive practices. 10. National legislation in East Asia, South-East Asia and the Pacific generally provides for equal treatment between nationals and migrants, and many countries have ratified several international standards, including United Nations Development Programme, Human Development Report 2009: Overcoming Barriers Human Mobility and Development (New York, Palgrave Macmillan, 2009). Available from Complete.pdf. Many stateless persons in a migratory context will be refugees as a result of conditions in their country of former habitual residence; however, some stateless migrants would not be refugees. The term non-refugee stateless person is therefore used to identify the latter group. Piyasiri Wikramasekara, Labour Migration in South Asia: A Review of Issues, Policies and Practices (Geneva, ILO, 2011).

5 international human and refugee rights standards. ASEAN has recognized the importance of protecting of migrant rights. Despite all these measures, some of the problems that remain for migrant workers in the region are: The tying of migrant workers contracts to employers makes the workers vulnerable to abuse and increases the risk of their becoming undocumented; Migrant workers in such occupations as fishing and domestic work are either not covered by labour legislation or enforcement is weak; Access to legal and health services, including reproductive health services, is limited; Trade union rights are restricted in some countries so migrants in low-wage sectors are often not organized; Social security is not available and not portable; In some countries, a high proportion of migrant workers is undocumented; There is a lack of recognition of the specific status of refugees, who in some countries are treated as illegal without access to any rights; Levels of support services in the country of origin vary; Public attitudes towards low-skilled migrant workers are generally not supportive; Migrant workers may lack protection and humanitarian assistance during crises and emergencies; Children of migrants born abroad may fail to obtain nationality because of incompatible nationality laws or because their births are not registered, or they may lose their nationality by operation of law as a result of long residence abroad. 11. There is a tendency to treat asylum seekers only as irregular migrants. As well as entailing high levels of human suffering, irregular migration can place serious strains on national asylum systems and provoke public hostility towards foreign nationals. Measures taken to curb smuggling and trafficking can prevent refugees from gaining access to the territory and asylum procedure of another State. 12. Women, who constitute approximately half of all international migrants, more often than men hold jobs that leave them unprotected by laws that cover other workers. Sexual exploitation sometimes goes hand in hand with labour exploitation. Women migrant workers often take jobs in unregulated lower-skilled sectors, such as domestic work, childcare, home care and commercial sex work, further exposing them to exploitation and abuse. 13. An informed and transparent labour market information system linked to requirements in the destination country is one of the ways that well-managed labour migration is promoted and abuses are reduced. Migrant workers, however, often do not receive timely and accurate information on overseas employment opportunities and currently public employment services usually do not provide information on overseas placement or links with overseas private recruitment agencies. Better information dissemination is needed for purposes of safe and legal 5

6 migration, lowering migration costs and matching job seekers and employers. 14. The irregular movement of migrants, refugees or non-refugee stateless persons creates particular difficulties for States. It can challenge the principles of national sovereignty and good-neighbour relations. It can also raise humanitarian concerns for the individuals concerned, whose lives or physical integrity might be at risk. It can further fuel public disquiet and controversy due to lack of awareness of the reasons why certain categories of persons might be compelled to move in search of safety and security. For State responses to be effective, better coordination at different levels is required with respect to search and rescue operations in the case of irregular movements by sea, border management and control and refugee protection. C. Norms and international agreements 15. The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990 is the most comprehensive instrument on rights of migrant workers and family members, and furthers the rights of irregular migrant workers. It contains provisions intended to ensure that all migrant workers enjoy a basic level of protection whatever their status. 16. The ILO fundamental principles and rights at work apply to all workers and cover four areas: elimination of all forms of forced and compulsory labour; effective abolition of child labour; elimination of discrimination in employment and occupation; and freedom of association and right to bargain collectively. ILO Convention Nos. 97 and 143 were the first international instruments providing more comprehensive solutions to the problems facing migrant workers. They put forward equal treatment between regular status migrants and nationals in employment and working conditions, and measures to counter irregular migration. 17. ILO Convention No. 181 on Private Employment Agencies, the applicable international labour standard, has been ratified by 26 countries globally including two in the Asia-Pacific region. The convention prohibits the charging of recruitment fees to job-seekers. Governments in Asia have, however, opted to allow the charging of fees within a ceiling. 18. The most recent ILO Convention is No. 189 on Domestic Workers, adopted in 2011, which recognizes domestic work as work and provides a historic opportunity to make decent work a reality for domestic workers. The Philippines has been among the first in the world to ratify the convention. Thailand recently enacted new regulations on domestic work that extend some of the provisions of the convention to domestic workers, covering paid leave and working hours, among other rights At different international forums on international labour migration in Asia, namely the tripartite plus ASEAN Forum on Migrant Labour, and the inter-state Colombo Process and the Abu Dhabi Dialogue, covering countries in South and South-East Asia and members of the Gulf Cooperation Council, improving the recruitment process and recommendations towards effective recruitment practices and regulations have been a top item on the agenda. The Abu Dhabi Dialogue has put forward agreed guidelines on realistic and easy-to-understand maximum recruitment fees, incentives for good performance by private employment agencies, and improved labour market information. The ASEAN Forum on Migrant Labour has put forward a wider range of recommendations,

7 including an accreditation system for foreign employers for direct recruitment, heavy penalties for infringements, positive ratings for ethical recruitment, monitoring of recruitment agencies by stakeholders (in addition to regulators), transparency and affordability in costs, streamlining of emigration procedures, information dissemination and establishing effective complaint mechanisms and support services. 20. UNHCR advocates protection sensitive migration management strategies through its 10-point Plan of Action on Refugee Protection and International Migration, which was issued in It provides a framework and a methodology for the development of integrated migration strategies that are responsive to the needs and vulnerabilities of different categories of migrants, including refugees and stateless persons. The first element of the 10-point plan relates to cooperation among key partners to address the complexities of international migration, including refugee protection, through cooperation among Governments, regional organizations, international organizations and civil society. D. Action-oriented recommendations 21. States often have human rights and labour laws in force that protect workers from exploitation. Nonetheless, shadow economies thrive on undocumented migrant labour where exploitation of vulnerable workers can be the norm. There is a need for better enforcement, through appropriate labour inspection and procedures for access to justice. Consular protection, advice and assistance by the country of origin can also be important to tackle abuses and threats. Consulates are often the only institution to which exploited migrant workers can turn. 22. Sound migration policy involves much more than fighting irregular migration and tightening border controls. Comprehensive approaches to irregular migration are needed to address its root causes, to protect the basic human rights of migrants in line with international norms, irrespective of their status, and to provide avenues for legalization on humanitarian grounds for victims of abuse and to recognize the specific needs and situation of asylum seekers, refugees and stateless persons. Countries should also consider options for regularizing those who are law abiding, contribute to the economy and society and have put down roots. 23. Measures are also needed to recognize and give effect to the specific rights of asylum seekers, refugees and stateless persons to enable them to become agents of development if they are provided with an opportunity to make use of their skills and productive capacities while living in a country of asylum. Host States should consider enabling refugees to participate in national labour markets and engage in income-generating activities that ensure self-reliance. They should also facilitate the process of qualification recognition in the country of asylum. 24. Social dialogue is essential to the development of sound labour migration policy. Cooperation at all levels (bilateral, regional and multilateral) between Governments, trade unions and civil society, employers organizations/private sector and other stakeholders is essential for ensuring the protection of migrant workers and securing development benefits of labour migration. Cooperation is also key for countering all forms of intolerance and promoting social cohesion and inclusion through the economic and social participation of migrants and refugees. 7

8 II. Addressing the gender dimensions of international migration and their impact on women, children and families A. Background 25. The high rates of migration in Asia and the Pacific have important socioeconomic impacts on women, children and families, both on those migrating and those remaining in the country of origin. The overall rates of migration in the region suggest that having a migrant family member is a reality for many. In Bangladesh, for example, case studies of rural areas indicate that up to 40 per cent of households have at least one family member working elsewhere, including through internal migration. 7 International migration, often undertaken as part of a family survival strategy, leads to the emergence of transnational families, the members of which can be separated by thousands of kilometres and reunited only on rare occasions, thus disrupting traditional family structures and requiring a redefinition of family roles and possibly the resort to community support networks. While females constitute 49 per cent of the migration stock globally, because most migration in Asia and the Pacific is for temporary labour migration, the proportion of women in migrant streams varies considerably. Women comprised 64 per cent of the migrant workers deployed by Indonesia in 2011 and approximately half of those deployed by the Philippines and Sri Lanka in In contrast, only 18 per cent of the workers deployed by Thailand are women. Despite the magnitude of the issue, the gender dimensions of migration and the differential impacts on men, women and children are understudied and rarely taken into account when it comes to policy design. 26. The focus of this discussion is on the gender impacts of migration on families remaining behind, including specific policy recommendations for supporting them. Existing research suggests that the impacts of migration are highly contextual and depend on a range of variables, including social and cultural structures, who in the family is migrating, the length of the absence, whether migrants are able to come back for visits, whether they send back remittances and how much they are able to send and to whom (for example, non-migrant parent vs. grandparents). This section highlights some of these findings and their implications for policy, and contains questions and recommendations to frame the discussion during the round table and at the Regional Preparatory Meeting. B. Challenges 1. Feminization of labour migration 27. The feminization of migration in the Asia-Pacific region reflects the share of women among migrants, but it is not a story of mere numbers. Feminization refers to the gendered nature of the migration cycle (predeparture and pre-employment in countries of origin, in countries of transit, on-site in countries of employment and on return), the feminized patterns of mobility and employment, especially in woman-centred jobs in gendered sectors and industries in the informal economy in Asian and 8 7 Rita Afsar, Internal migration and the development nexus: the case of Bangladesh, paper presented at the Regional Conference on Migration, Development and Pro- Poor Policy Choices in Asia, June 2003, Dhaka. Available from Accessed on 29 March 2013.

9 Pacific countries, and the gender and human rights concerns in international migration and development plans, programmes, policies and budgets. 2. Families separated by migration, and returning migrants 28. The policy measures in Asia among labour-deploying countries are still very much focused on promoting overseas employment, with little discussion and comprehensive response on returnee migrants, including women. Legal measures and policies and services do not address comprehensively the whole cycle of migration, with specific programmes targeting men, women and children left behind. Migration data focus more on collecting movements of persons and capital in the form of remittances but less attention is given to return migrants and reintegration. 3. Social costs of the departure of adult migrant workers 29. Studies by the United Nations Entity for Gender Equality and the Empowerment of Women (UN Women) show that there are few comprehensive approaches that include husbands of migrating women in predeparture planning. Culturally across Asia, men are not trained to take care of households and children, as these functions are considered to be a woman s work. Hence, when women migrate men are left to cope with caregiving, which can result in a lack of parental care or in insufficient care if the function is subsequently passed on to another female relative or a domestic worker. On the other hand, male migration may lead to improved women s status, through better opportunities for decision-making by women left behind, particularly concerning the use of remittances, which in turn may have positive impacts on household expenditures on children s education and health outcomes. 4. Child migrants 30. Child and adolescent migrants account for 21 per cent of the total migrant population, including refugees, in Asia. 8 While some children migrate with their parents or are born to migrant parents in countries of destination, an increasing number of children migrate in search of survival, security, improved standards of living, education, protection from exploitation and abuse, or a combination of these factors. 9 While youth migration can open new opportunities, it can also result in greater vulnerability for young persons, especially since such migrants can find themselves with less family and social support and usually face a greater likelihood of abuse. Another challenge for young migrants is access to appropriate and affordable health-care services, and a particular concern are young women who may fall prey to traffickers; and also might be afraid to seek medical treatment, including reproductive health services. To maximize the potential development benefits of youth migration, it is essential to include and consider young migrants to ensure that their particular needs are met. 5. Mixed positive and negative effects on children remaining behind 31. When it comes to children, there is a growing body of research on the specific effects when mothers migrate, although historically most 8 9 United Nations, Department of Economic and Social Affairs, The Age and Sex of Migrants 2011 (Sales No. 12.XIII.2). The issues they face as migrants are to be addressed mostly in Round table I. 9

10 studies have focused on migrant fathers. There is scattered evidence of both positive and negative effects associated with remittances on children remaining behind. Some studies also take into account the psychological well-being of children. They all demonstrate that the impact of migration is highly contextual. For example, a recent study of Indonesia, the Philippines, Thailand and Viet Nam yielded mixed results. Children of migrant fathers in Indonesia and Thailand are more likely to have poor psychological wellbeing, compared with children in non-migrant households. 10 However, the findings did not hold true for the Philippines or Viet Nam. Some studies have also documented psychosocial issues resulting from the absence of parents, especially when migration is long term and it results in dual families Research also shows that migration and remittances can result in better health outcomes for children left behind. For example, Lopez- Cordoba 12 linked remittances with declining infant mortality, and a study by the World Bank 13 connected the receipt of remittances with improved ratios of weight-for-age and height-for-age for children, as well as larger numbers of deliveries being attended by skilled personnel and higher rates of vaccinations for children under the age of five. Interestingly, the impact on heath cannot always be attributed to remittances alone. For example, Hildebrandt and McKenzie 14 documented positive changes in knowledge and practices related to children s health as a result of migration, highlighting the non-monetary benefits of migration. 33. Similarly, migration and remittances can have positive impacts on educational attainment. Edwards and Ureta 15 documented that remittances reduce school drop-out rates, and Hanson and Woodruff 16 found that children in migrant households complete significantly more grades of school. A study for the Philippines demonstrated that remittances often are used to pay tuition in private schools and also documented gains in E. Graham and L. Jordan, Migrant parents and the psychological well-being of leftbehind children in Southeast Asia, Journal of Marriage and the Family, vol. 73, No. 4, pp Pal Nyiri and Igor Saveliev, eds., Globalizing Chinese Migration: Trends in Europe and Asia (Aldershot, Ashgate, 2002) Ernesto López-Córdova, Globalization, migration and development: the role of Mexican migrant remittances, Working Paper 20, Institute for the Integration of Latin America and the Caribbean (Buenos Aires) and the Integration, Trade and Hemispheric Issues Division, Inter-American Development Bank (Washington, D.C.), Available from Accessed on 29 March World Bank, Global Economic Prospects 2006: Economic Implications of Remittances and Migration (Washington, D.C., 2006). Available at Accessed on 29 March N. Hildebrandt and D. McKenzie, The effects of migration on child health in Mexico, World Bank Policy Research Working Paper No (Washington, D.C., 2005). Alejandra Cox Edwards and Manuelita Ureta, International migration, remittances and schooling: Evidence from El Salvador, vol. 72, No. 2, pp Available from Accessed on 29 March Gordon H. Hanson and Christopher Woodruff, Emigration and educational attainment in Mexico, mimeo. (University of California at San Diego, 2003), cited in D. McKenzie and H. Rapoport, Can migration reduce educational attainment? Evidence from Mexico, World Bank Policy Research Working Paper No (Washington, D.C., 2006).

11 educational achievement of children from migrant households. 17 A study in Pakistan found that female heads of household in particular give greater priority to expenditure on education. 18 However, there have also been studies that suggest a significant negative effect of migration on attendance and attainment in school, with notable gender and age differences It is important to note that, while studies tend to focus on impacts on specific proxy measures for children s well-being, different dimensions of well-being are interrelated, and often effects in one area have impacts on others. Girls and boys at different stages of the life cycle cope differently with migrating parents and caregivers. Anecdotal evidence suggests that often girls are expected to take on the work of caring when the mother migrates, which can result in them bearing an excessive burden and even compel them to drop out of school, while boys may also have to leave school and take up work when the father migrates. Ultimately, social and cultural structures shape the experiences of girls and boys who are left behind, and understanding them is a first step towards developing policy responses and sensitizing caregivers to the issues that children are likely to face. 6. Lack of data and policy response 35. One of the principal challenges with regard to addressing the impacts of migration on families is the lack of data, in particular on returning migrants. Where there are data and research on migration in the Asia-Pacific region, much of it is focused on international remittances and how they are used. As a result, part of the difficulty of integrating considerations on migration into policy stems from the fact that there are vast data gaps on the numbers of families affected by migration, as well as on the specific impacts of migration. There are also significant differences in the way that countries document migration, and collect and report data. Often data are not disaggregated by sex and age. Assessing the impact of migration on men, women and children within families is even more challenging, since most studies look at household-level impacts, rather than at specific impacts on individuals of different ages or positions within the family. C. Norms and international agreements 36. The following are the main international agreements that protect the rights of women, children, migrants and members of their families. (a) United Nations Convention on the Rights of the Child. The convention and its optional protocols are effective points of reference for all children affected by migration: those left behind by both or one of the John Bryant, Children of international migrants in Indonesia, Thailand, and the Philippines: a review of evidence and policies, UNICEF Innocenti Research Centre, Florence, Italy. Available from Accessed on 29 March Ghazala Mansuri, Migration, school attainment and child labor: evidence from rural Pakistan, World Bank Working Paper Series 3945 (Washington, D.C., 2006). Available from /8422/wps3945.pdf?sequence=1. Accessed on 29 March David McKenzie and Hillel Rapoport, Can migration reduce educational attainment? evidence from Mexico. Available from nal_attainment.pdf. Accessed on 29 March

12 12 parents in the country of origin; those migrating with one or both parents; those facing obstacles in birth registration or in acquiring a nationality; those seeking refugee status and refugee children tracing family members; those confronted with difficulties in becoming integrated in the country of destination; or those affected by migration even though they may not be directly involved in the migration process. The Committee on the Rights of the Child, on the Day of General Discussion in 2012, recommended that States should ensure that their migration policies, legislation and measures respect the right of the child to family life and that no child is separated from his/her parents by State action or inaction unless in accordance with his/her best interests; (b) The Convention on the Elimination of All Forms of Discrimination Against Women (1979) and its general recommendation No. 26 on women migrant workers (2008). That convention is an effective point of reference to ensure the equal rights of women with men, including the right to acquire, change, or retain their nationality; (c) International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (1990); (d) The International Conference on Population and Development Programme of Action (1994); (e) The International Convention Concerning Decent Work for Domestic Workers, ILO Convention 189 (2011) and the ILO Fundamental Conventions. D. Action-oriented recommendations 1. Collect and make available more and better age- and sexdisaggregated data on migration (migrating men, women and children, returnees and remittances -- who the remitter is and what the remittances are used for. 2. Consider including a module on migration in national surveys. 3. Expand the focus of data production and analysis on South- South migration in Asia and the Pacific. 4. Conduct more research on how children (girls and boys at different stages) left behind cope with migrating parents and caregivers. 5. Conduct studies on use of remittances by women and the (dis-)empowerment effect of male migration on women left behind. 6. Conduct research on how unaccompanied children who move irregularly are protected and assisted in the region. 7. Maximize the positive effect of remittances by increasing the financial inclusion of recipients, especially women, their access to credit and banking systems, and reducing the transfer costs of remittances. Explore innovative approaches (technology and advocacy) to facilitate migrant women s participation in decisions on household expenditure. 8. Facilitate the ties between migrant parents and children left behind, for example by allowing for frequent returns (by issuing multipleentry visas) in order to reduce family separation and to maximize the nonmonetary benefits of migration in terms of new behaviours and practices.

13 9. Monitor the implementation of key country obligations in terms of protection of women and children, including migrants, with a specific focus on access to basic services. 10. Identify gender-responsive policies and services for families separated by migration, including through South-South cooperation modalities. III. Assessing the effects of international migration on sustainable development and identifying relevant priorities A. Background 37. Migration today is an integral part of the development process and is relevant to countries of origin, transit or destination. In view of changing trends in demography, development and labour demand, large-scale migration in the twenty-first century is inevitable, necessary and desirable. 38. In this section, three important factors are considered, namely social, economic and environmental, while bearing in mind that, although migration offers a significant development potential, positive development outcomes are by no means guaranteed. 39. Migration can enable economic development by providing necessary skills, labour, services and innovation in countries of destination. In countries of origin, migration, remittances and contributions by diaspora and transnational communities can reduce poverty and manage risk at the family level, while relieving pressure on national labour markets, producing multiplier effects in local economies and contributing to balance of payments, foreign exchange reserves, and trade and investment. Under the right conditions, migration can serve as an enabler of individual capabilities and human development, for example by enhancing income and professional and educational opportunities of migrants. Violations of human and labour rights, exploitation, health risks and abuse, however, limit the achievement by migrants of their own human development aspirations and potential. 40. In social terms, migration creates change and connection by making societies more diverse, through the contributions by transnational and diaspora communities or through social remittances and transfers of ideas and knowledge. There is strong empirical evidence that migration and remittances can contribute to human capital formation, including increased access to education and health for migrants Environmental factors have always influenced migration, and the effects of climate change are expected to intensify this influence. This complex relationship is relevant for development outcomes and policies as the effects of environmental degradation and climate change may exacerbate disparities in development and human security that could lead to 20 The forthcoming World Migration Report 2013: Migrants Well-being and Development of the International Organization for Migration (IOM) shows that migration improves well-being across a range of different dimensions but with important differences between South-South, South-North, North-North and North- South migration. See also IOM s International Dialogue on Migration Report No.17: Migration and Social Change. 13

14 increased migration. Those who are forced to move because of environmental factors may face specific vulnerabilities; they may need assistance and protection. Environmental migration, much of which takes place internally, may exacerbate other challenges to sustainable development, especially related to urban planning and urban development, with implications for development policies, including disaster risk reduction policies and national adaptation planning. Migration can also be an adaptation strategy to cope with the effects of environmental and climate change. It should be noted that those unable to leave dangerous and uninhabitable areas may face the greatest risk. At the same time migration and migrants contributions to their communities of origin can provide resilience against shocks, such as natural disasters. In certain circumstances, migration may place significant strains on local environments. Most small island States in the Asia-Pacific region, and other climate-vulnerable areas, such as low-lying coastal zones, are especially vulnerable, making it imperative to mainstream adequate responses into the development planning process. B. Challenges 42. Specific challenges in trying to enhance the benefits of international migration for sustainable development include the following: (a) Migration remains inadequately reflected in development frameworks and broader sectoral policies at the national and local levels and in global development agendas. Given the relevance of migration for sustainable development in economic, social and environmental terms, it is necessary that coherent policy frameworks give consideration to how migration could be a help or a hindrance in achieving sustainable developmental goals; (b) While there is growing awareness of how migration affects development, there may be merit in refocusing debate on how development including achieving the Millennium Development Goals may in turn have an impact on migration; (c) There is a lack of understanding of how migration affects sustainable development in developing countries. Given the significance of South-South migration (almost half of all migrants originating in the global South live and work in destination countries in the developing world), there needs to be greater focus on data and capacities in destination countries in the global South, as well as on the impacts of intraregional labour mobility on regional economic development. (d) Public perceptions of migrants and migration have not kept pace with the reality of human mobility and remain predominantly negative. Resulting xenophobia and discrimination threatens social cohesion and the overall rights and well-being of migrants; (e) The impacts of humanitarian crises on migrants and migration are emerging as important concerns and can have implications for development, for example when a crisis leads to the loss of employment and income for migrants and their families, to the sudden departure of an important labour force from destination countries, or to serious reintegration challenges for countries of origin. Conflicts in the Middle East and Northern Africa in 2011, for instance, resulted in the displacement and eventual return of thousands of migrants, including a large number originating from Asia. Countries such as Bangladesh, the Philippines and Viet Nam were faced 14

15 with the challenge to reach their nationals in distress, manage evacuations and reintegrate returnees at home; 21 (f) The relationship between human mobility and climate change and environmental factors has not been sufficiently factored into policies to bridge disaster preparedness, climate change adaptation and sustainable development. C. Norms and international agreements 43. While there are a number of international instruments especially relating to human rights, labour rights and non-discrimination relevant and applicable to migrants and migration, there are no binding norms and international agreements specifically on the effects of international migration on sustainable development. 22 Respect for human rights is fundamental to ensure sustainable development, create options so that migration becomes a choice and enable migrants and migration to contribute meaningfully to development. At the international level, one of the earliest links between international migration and development was drawn in the Programme of Action of the International Conference on Population and Development The Millennium Declaration mentions respect for and protection of the human rights of migrants, but migration is absent from the Millennium Development Goals. As preparations for the United Nations development framework beyond 2015 are ongoing, it is too early to tell whether or not this lacuna will be addressed in a future global development framework. The final outcome of the United Nations Conference on Sustainable Development (Rio+20) 24 and the report of the United Nations System Task Team on the Post-2015 United Nations Development Agenda both refer to migration and its relevance to sustainable development. The recently held Global Leadership Meeting on Population Dynamics in the context of the development agenda beyond 2015 (Dhaka, March 2013) underscored the need for strengthening policy coherence at all levels to enhance or establish global partnerships in the post-2015 framework in order to ensure that migration contributes to equitable and sustainable development. D. Action-oriented recommendations 45. Today, there is a much greater recognition that migration is a key enabler for equitable, inclusive and sustainable social and economic IOM, International Dialogue on Migration N 21: Protecting Migrants during Times of Crisis -- Immediate Responses and Sustainable Strategies (2012); IOM-Migration Policy Institute (MPI) Issue in Brief No. 3, Asian Labour Migrants and Humanitarian Crises: Lessons from Libya (2012). Therefore, this section presents a small selection of international forums, initiatives and documents relevant to international migration and development. For more detail, see the background paper Towards the 2013 High-Level Dialogue on International Migration and Development (HLD): From the 1994 Cairo International Conference on Population and Development to the present by IOM and UNFPA for the first in a series of roundtables in New York in preparation for the 2013 HLD: See Report of the International Conference on Population and Development, Cairo, 5-13 September 1994 (United Nations publication, Sales No. E.95.XIII.18), chap I, resolution 1, annex. Chapter 10 of the Programme of Action remains one of the most comprehensive texts on international migration adopted by the international community to date. General Assembly resolution 66/288, especially paras. 144 and

16 development to the benefit of countries of origin and destination, as well as the human development of migrants and their families. The potentially positive impact of migration on development, however, hinges upon appropriate policies to govern migration in a humane and orderly way and on the protection of the human rights and well-being of all migrants. To promote those positive impacts, the following recommendations for action are made. 25 (a) Improve public perceptions of migrants. Specifically, move away from a narrow and inadequate view of the phenomenon as an escape from poverty with a negative impact on host communities to an acknowledgement of the important role migrants can and do play as partners in host and home country development, and consider migrants as agents of development. (b) Factor migration into development and broader sectoral planning at the local, national and global levels, and in developing and developed countries. Specifically, recognize that migration today is relevant to all three pillars of sustainable development economic, social and environmental and that migration needs to be appropriately factored into the United Nations development framework beyond, setting clear targets. (c) Protect the human rights of all migrants. Specifically, promote a more rights-based approach to migration that ensures access by migrants to their social and economic rights, taking into account differentiated vulnerabilities based on gender, age, health, legal status and other factors. (d) Manage migration in crisis situations, including implications of humanitarian crises for migration and migrant populations in terms of protection and development. Specifically, consider the role of human mobility in disaster risk reduction strategies, disaster preparedness, national climate change adaptation programmes and sustainable urban planning. (e) Enhance evidence building and knowledge-based policymaking on migration, including by raising the quality of research and collection of age- and sex-disaggregated data on migration. Specifically, invest in more systematic evaluation and impact assessments of migration policies and migration and development initiatives. (f) Promote policy coherence and institutional development. Specifically, improve policymaking processes at national, regional and international levels through effective participation and partnerships at all levels and across a range of partners. IV. Promoting regional cooperation and institutional coherence and partnerships in addressing international migration A. Introduction 46. Successful management of international migration is an inherently multilateral concern requiring cooperation between various stakeholders For more detail on each of these, see the position paper of IOM on the High-level Dialogue:

17 Cooperation on migration issues takes place at the global, regional, subregional, bilateral and national levels. There has been an increasing trend towards regional and subregional efforts to address the issue of international migration and development in Asia and the Pacific. B. Forums for international dialogue 47. The General Assembly convened the High-level Dialogue on International Migration and Development in 2006; it was attended by representatives of more than 160 countries. The dialogue provided a useful opportunity to constructively address the issue of international migration and development. 48. Most Member States that participated in the dialogue expressed an interest in continuing such a dialogue through the establishment of the Global Forum on Migration and Development. Open to all members and observers of the United Nations, the Forum is an informal, voluntary and non-binding State-led process. It was created to advance understanding and cooperation on migration and development and to foster practical and action-oriented outcomes. 26 Its first session was held in C. Forums for regional cooperation 49. Regional Consultative Processes on Migration are repeated consultations among Governments and international organizations that take place outside of formal institutional structures. They are State-owned but include government officials and representatives of international organizations and in some cases civil society organizations. As they are informal and non-binding, they are designed to foster dialogue and cooperation. They tend to focus on specific aspects of international migration rather than taking a comprehensive approach to the full gamut of issues related to international migration and development. There are four active such processes that involve primarily Governments of countries in the Asia-Pacific region: the Colombo Process, which is focused on the deployment of labour from Asian countries; the Abu Dhabi Dialogue, which covers countries of origin as well as destination, the latter being predominately countries in the Middle East; the Bali Process, which is focused on smuggling, trafficking in persons and related transnational crimes; and the Inter-governmental Asia-Pacific Consultation on Refugees, Displaced Persons and Migrants. D. Cooperation at the subregional level 50. Although subregional organizations tend to be focused on cooperation to increase the economic integration of their members, subregional collaboration on policy frameworks on international migration is one route to increased connectivity in the Asia-Pacific region. Furthermore, several examples of subregional initiatives to deal with particular aspects of international migration exist. 51. The adoption in January 2007 of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers was a milestone. While its implementation is progressing slowly, the obligations of labour-sending and labour-receiving States furnishes a good framework for action. Under ASEAN, a tripartite forum has also been institutionalized 26 For more details, see 17

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