International Labour Organisation

Transcription

1 International Labour Organisation Secondary Issue: The question of the rights of migrant workers and their protection

2 I. Introduction The International Labour Organisation (ILO) global estimates that, out of 232 million international migrants in the year of 2013, 150 million of them were migrant workers 1. While migrant workers bring tremendous economic benefits and prosperity to their host countries in terms of labour and employment, and their countries of origin in terms of the skills, expertise and monetary remuneration acquired, the very process of constantly moving in and out of countries creates numerous problems. These problems include inefficient administration and the lack of protection of migrant worker welfare, due to insufficient international cooperation. This is especially true for Less Economically Developed Countries (LEDCs) that tend to face difficulties in terms of manpower and finances to manage and regulate migrant labour traffic, resulting in a rampant influx of undocumented and illegal migrant workers. On the other hand, the rise of far-right parties in the developed world today also has, to a large extent, succeeded in galvanising xenophobic attitudes amongst the general public, with the notable example of the United States of America (USA) abolishing various migration schemes protecting the rights of migrant workers 2. These are individuals who are currently at risk of being deported and financially uprooted without proper due process. This is despite the widespread ratification and implementation of various ILO frameworks whose objective is to uphold the rights of migrant workers and uplift them from the economic destitution plaguing their conditions 3. Thus, delegates in ILO at UNASMUN 2017 need not only come up with new and up to date solutions relevant to the issue of the rights of migrant workers currently, but also examine existing international efforts inter alia, to ILO conventions and how they can be more effectively utilised and adopted by member states. II. Background Information The ILO has convened the World Commission on the Social Dimension of Globalization in 2014, emphasising the lack of multilateral cooperation to deal with auxiliary problems arising out of migrant worker movements to and fro host countries and countries of origins exploitation of migrant workers; proliferation of illegal and undocumented migration; human trafficking; and the brain drain effect in developing countries as people seek employment elsewhere 4. Subsequently, an ILO action plan was implemented involving experts representing governments, employers, and workers to accomplish the ILO Multilateral Framework on Labour Migration in November Member states were urged to uphold principles, guidelines and good practices on migration policy with cooperation from United Nations (UN) organs such as ECOSOC and other international organisations 5.

3 The setting up of a high-level inter-institutional body was proposed in October 2005 to the UN Secretary General by the Global Commission on International Migration to allow government and private agencies involved in migration-related activities to for the first time participate in the tripartite discussion concerning rights of migrant workers. In turn, the UN Secretary General has authorised the monumental enactment of the Global Migration Group in the year of 2006 so as to ensure inclusivity of the decisions and recommendations made by the ILO. Furthermore, as member states increasingly view labour migration as a key part of their development, the ILO has helped the UN extensively in late 2006 to organise a High-level Dialogue on International Migration and Development. This saw the birth of the Global forum on Migration and Development (GfMD) which has been meeting annually since their first session in Brussels, Since then, the ILO s has continuously provided feedback to governments, employers, and workers to highlight the progress of the tripartite efforts in upholding the rights of migrant workers and improving their employment conditions 7. III. Problems with the Status Quo Despite many initiatives, major problems affiliated with labour migration remain unresolved. Undocumented Migrant Workers One such problem is the movement of irregular migrant workers who are not documented 8. Labour authorities and other international sources have produced estimations that around 10% to 15% of migrant workers around the world are currently still undocumented, irregular migrants. Recent estimates by the EU suggest that there are around 6 million migrant workers moving through Europe, and 11% to 23% of them are undocumented, irregular migrants 9. Moreover, irregular migration is not a problem exclusive to developed countries, as it frequently observed in Latin American, Asian and African countries, where border movement is rather flexible and restrictions are less onerous to comply with 10. This can be due to reasons such as the productivity they inject into the informal sectors in these countries, where the fluid nature of their work is of far more economic benefit than the legal concerns it brings. 11 Yet, it is to a large extent irrefutable that migrant workers of irregular status are often the most vulnerable, because they not only have to travel great distances to get to their countries of destinations, but must also pay on average US$30,000 to smugglers who provide transport to them. This is by no means safe, as along the way they are frequently exposed to the dangers of drug trafficking, prostitution and threats of physical violence, while being unable to seek help from officials 12.

4 Unequal and unfair treatment in employment In a vast majority of instances, migrant workers tend to be statistically more unemployed compared to their native counterparts 13. This can be attributed to differential treatment 14. A Eurofound survey of employment and working conditions in the EU found that migrant workers tend to end up in unemployment compared to their native counterparts, and this is likely due to discrimination in the workplace and unethical employment practices that do not provide job security. In some cases, migrant workers are overqualified for their occupations, and their work is not proportionately compensated 15. Poor Working Conditions The plight of migrant workers employed in unsatisfactory conditions is a sorry one. For many, their wages are greatly diminished and for others, their pay is withheld from them by their employees. This is worsened by the oppressively long working hours under which they suffer, where domestic workers can be made to work on average 15 to 16 hours a day. This is on top of the frequent exposure to sexual harassment, threats of physical violence, abuse, and worse still, being dismissed from their work without proper pay if they do not comply with the hideous demands of their employers. Some even have their identity cards seized from them for prolonged periods of time. The fact that many domestic workers are not considered under the scope of migrant workers in many developing countries around the world does not help either, as protection mandatory regulations and labour laws do not apply to them 16. Restricted Access to Healthcare Migrant workers often face tremendous difficulty in finding proper access to healthcare services these include periodic check-ups, treatment and aid from medical professionals. This is especially poignant given that most of them are employed in working conditions that are unsanitary, which means that their risk of being sick is far greater. The most vulnerable groups of migrant workers tend to be those who are working in remote places that have underdeveloped healthcare structures, such as those working in coal mines and agricultural sectors in the African continent. Furthermore, their employers are notorious for not providing sufficient medical suffrage, making it all the more unlikely for these migrant workers to be able to seek adequate medical support when they fall sick. In places where population concentration is high, the aforementioned problems are compounded with the easy spread of infectious diseases, severely affecting the welfare of these migrant workers. 17 IV. Definitions With reference to Labour Migration published by the International Labour Office in 2015,

5 1. Migrant Workers The term migrant worker refers to individuals chronically migrating to and fro host countries and countries of destination while being employed or in the process of seeking employment opportunities. This definition does not include those are engaged in ad hoc or makeshift occupations in countries where they do not routinely stay Temporary migrant workers Temporary migrant workers are migrant workers who are employed for specific purposes and projects, and will leave after their contracts end. They often do not possess routine residence in the countries where they are working. Their work is usually short term and seasonal. 3. Irregular migrants Irregular migrants are migrants whose entrance and departure in and out of their countries of destinations are not officially documented. They are often associated with illegal immigration which is not approved by authorities. However, it is important to note that, as previously stated, irregular migrants most of the time are not the criminals, but rather victims of circumstances who are deprived of the means to access proper ways of documentation. Many of them are orphans who are born with no identification in the first place, and this often makes the process of properly recording their movement difficult. V. Scope of Debate Documentation Currently, one of the biggest challenges that prevent adequate protection of migrant workers is the unfortunate fact that a large number of them are not properly documented. As such, many policy considerations that aim to protect their wellbeing are incapable of reaching out to them, resulting in their continued oppression and inability to seek meaningful legal recourse. Delegates need to develop new ways to incorporate existing international efforts from the ILO and UN into data collection on the ground. Enforcement of Legislation There are many existing ILO frameworks and guidelines for stakeholders, namely, governments, employers and workers to follow. Yet, the problem occurs at the point of implementation, due to systemic problems of manpower, finances, corruption and administrative inefficiency. Delegates need to find new ways to streamline many of the recommendations already put forward by the ILO and international experts, and more importantly, ensure that these solutions are accessible and not too onerous for member states to take up across the board.

6 Illegal/Irregular Immigration It has been established that in a vast majority of instances, illegal and undocumented migrant workers are not criminals but rather victims of circumstances who are coerced into trafficking and irregular movement across borders. It is thus up to delegates to consider ways to reach out to these most vulnerable groups of migrant workers, end the cycles of crime they are caught in, and most importantly, balance the need for legal consistency against the principle and pragmatic imperative to help illegal migrant workers. Workplace Protection Many migrant workers are currently exploited in the workplace despite various ILO restrictions and guidelines prohibiting such atrocious business practices. Yet, because of the lack of access to proper legal recourse and the fear of being retrenched, many migrant workers do not speak up against the exploitation by which they are oppressed and continue to lead a life of misery. Delegates need to ensure that ground up approaches are sufficiently available and viable for migrant workers who have for far too long been denied the basic ability to seek help from relevant authorities. Foreign Domestic Workers Foreign domestic workers represent a unique dimension to the issue of the rights of migrant workers, in that they are often heavily controlled by their domestic service employers and agencies. In some of the worst cases of abuse, it is a one-way ticket into the households of their employers for many vulnerable foreign domestic workers, who often have their passports withheld and their movement strictly limited by their employers. This means that effectively they are unable to reach out to anyone for help in the case of ill-treatment. Delegates need to develop methods to ensure that help is accessible even to these migrant workers, and impose checks and balances against the coercive employment practices of many domestic worker agencies. Ensuring Safe Passage of Returning/Entering Migrant Workers Often, the danger that lies within labour migration for workers happens to be present on their way to and fro from host countries and countries of origin, as a lack of oversight from authorities often means that criminal activities are rampant throughout their trips. This has the propensity to result in abduction, kidnapping, smuggling and human trafficking, cycles of crime that jeopardise the safety of migrant workers. Delegates need to find new ways to guarantee the safety and wellbeing of migrant workers travelling in and out of borders. VII. Possible Solutions The provision of key information to migrant workers is of utmost importance. They should know about the socio-economic conditions in the host

7 nations, unsafe areas in host nations where there are poor working conditions and uninhabitable living conditions that endanger the physical well-being of labourers and employer and employee relations in industries where migrant workers are typically working in. They can also be made aware of the overall job availability in the host nations, success of potential migrant welfare offices located in the host nations from which migrant workers may be able to seek protection and the legality of licensed recruitment agencies in the manner they conduct their business so as to make a more conscientious and responsible choice in signing up for employment in host nations. There should also be measures to collect data to update migrant workers employment status, employment practices and treatment of migrant workers periodically. These data should be published in conjunction with the updates of statistics and migration policies by the IOM specifically focusing on trafficking in human beings, where unique information is systematically compiled for subsequent analysis and research aimed at helping to design better counter-trafficking activities. There also needs to be discussion on measures to ensure the legal enforcement of existing ILO multilateral frameworks. One challenge is the lack of funding, which can be resolved in phases by firstly blacklisting employment agencies that are conducting illegal migrant worker employment practices with the help with the aforementioned collection of data and statistics, and secondly, having identified said firms, fining these firms and confiscating their revenues to fund efforts to continuously enact existing programmes targeted at migrant worker protection. Safe passage for returning and entering migrant workers can be established by directly holding firms responsible for the wellbeing of the migrant workers working under them, with every departure documented and crosschecked at their destinations to minimise individuals slipping through the cracks and ensuring that firms can be held to account when migrant workers do not enter or return safely. Detailed measures can be in the form of mandatory information of the family and relatives of the migrant workers 30 days before their departure to allow adequate time for them to prepare, accompanying migrant workers on their way to and fro host nations and countries of origins, and ensuring the minimum provision of necessities along the trip. Migrant workers can be empowered in the long term by setting up lines of direct communication between host nations and countries of origins, where supplies and demands are clearly communicated and training programmes for migrant workers are streamlined and tailored to suit the unique need of host nations, so as to maximise business and employment opportunities for migrant workers where

8 they do not have to be forced in jobs they find unsuitable. These solutions are non-exhaustive and delegates are encouraged to consider the feasibility of the solutions they propose bearing in mind the unique challenges and needs of member states. Contextualisation of specific methods of migrant worker protection is vital in ensuring that policies can reach out to the most vulnerable migrant workers who are currently neglected. VIII. Questions to consider 1. To what extent are host nations and countries of origin liable for the protection of the rights of migrant workers? 2. To what extent can the tripartite structure of the ILO be utilised to ensure sustainable and continuous cooperation among governments, employers, and workers? 3. To what extent should individual member states adopt the multilateral frameworks of ILO in order to protect the rights of migrant workers? IX. Conclusion The rights of migrant workers have always been a multifaceted issue. Perhaps, this is the reason why the ILO is an apt medium through which this question can be sufficiently addressed. While the representation achieved through its tripartite structure seems optimistic, delegates of the ILO are reminded that such a structure demands constant discussion, negotiation, and when necessary, compromises, in order to be successful and effective in alleviating the plights plaguing migrant workers for decades. The dais appeals to you, the delegates of ILO, that while you may come from positions of privilege where access to necessities is almost guaranteed, the millions of migrant workers whom you represent find it difficult to exercise basic rights, and are often oppressed by the very laws that are supposed to protect them. It is your duty to approach this issue with empathy, compassion, and more importantly, determination to challenge the status quo.

9 X. Bibliography 1. International Labour Organisation Labour Migration. Geneva: International Labour Office. 2. Eurostat Migration and Migrant Population Statistics. 7 March. Accessed 6 September, pulation_statistics. 3. International Labour Organisation Labour Migration. Geneva: International Labour Office. 4. Ibid. 5. International Labour Organisation Internationnal Labour Migration: A Rights Based Approach. Geneva: International Labour Office. 6. Ibid. 7. International Labour Organisation Labour Migration. Geneva: International Labour Office. 8. United Nations Department of Economic and Social Affairs International Migration Report 2015 Highlights. New York: Department of Economic and Social Affairs. 9. International Labour Organisation International Labour Migration: A Rights Based Approach. Geneva: International Labour Office. 10. United Nations Department of Economic and Social Affairs International Migration Report 2015 Highlights. New York: Department of Economic and Social Affairs. 11. International Labour Organisation International Labour Migration: A Rights Based Approach. Geneva: International Labour Office. 12. Ibid. 13. Ibid. 14. The Guardian Singapore Needs to Address Its Treatment of Migrant Workers. 21 April. Accessed 6 September, /singapore-address-treatment-migrant-workers. 15. Frayssinet, Fabiana Latin American Migrants Suffer Prejudice in Their Own Region. 13 Feburary. Accessed 6 September, n-region/. 16. International Labour Organisation Internationnal Labour Migration: A Rights Based Approach. Geneva: International Labour Office. 17. Frayssinet, Fabiana Latin American Migrants Suffer Prejudice in Their Own Region. 13 Feburary. Accessed 6 September, n-region/.

10 18. International Labour Organisation Labour Migration. Geneva: International Labour Office.