Comparing South South Mobility Frameworks

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Global Forum on Migration and Development 2011 Thematic Meeting: From Evidence to Action Facilitating South-South Labour Migration for Development Comparing South South Mobility Frameworks Jo Rispoli, Regional Office, Pretoria, 17 October, 2011

Objectives To conceptualise and characterise the notion of South South migration To compare some models of South South mobility frameworks in Africa and provide recommendations to facilitate their implementation based on concrete examples

LABOUR MIGRATION TRENDS THE GREAT DIVERSITY OF MIGRATION FLOWS

Conceptualisation of South-South Migration What is it? Where is it? Why does it occur? How does it occur?

Selected Regional Free Movement Agreements in Africa SADC: Draft Protocol on the Facilitation of Movement of Persons (August 2005) EAC: Protocol on the Establishment of the East African Community Common Market (July 2010) COMESA: Protocol on the Gradual Relaxation and Eventual Elimination of Visa Requirements and Protocol on the Free Movement of Persons, Labour, Services, and the Right of Establishment and Residence (May 2006)

SADC PROTOCOL Draft Protocol on the Facilitation of Movement of Persons The overall objective is to develop policies aimed at the progressive elimination of obstacles to the movement of persons of the Region generally into and within the territories of State Parties Specific objectives to facilitate: (a) entry, for a lawful purpose and without a visa, into the territory of another State Party for a maximum period of 90 days per year for bona fide visits and in accordance with the laws of the State Party concerned; (b) permanent and temporary residence in the territory of another State Party; and (c) establishment of oneself and work in the territory of another State Party

SADC PROTOCOL The ultimate aim of SADC is to promote the free movement of labour, goods, and services within the region in order to promote sustainable development Work is underway on a study of labour market issues, including migrant labour and mobility of high level personnel The study will explore the potential development of a sub regional classification of occupations to facilitate mobility of labour

EFFORTS TO PROMOTE SOUTH- SOUTH LABOUR MIGRATION FOR DEVELOPMENT IN SOUTHERN AFRICA South Africa & Botswana Zimbabwe South Africa Mozambique, Lesotho, & Swaziland Mauritius Seychelles Policy Development MIDSA, MIDA, Migration Profiles

EAC PROTOCOL Protocol on the Establishment of the East African Community Common Market (2010) The Protocol prioritises the following objectives in line with the East African Treaty: Observe the principle of non discrimination of nationals of other Partner States on grounds of nationality Accord treatment to nationals of other Partner States, not less favourable than the treatment accorded to third parties Ensure transparency in matters concerning the other Partner States Share information for the implementation of the Protocol

EAC PROTOCOL Four Freedoms 7 Provisions Free Movement of Goods Free Movement of Persons Free Movement of Labour/Workers Right of Establishment Right of Residence Free Movement of Services Free Movement of Capital

EAC PROTOCOL Free Movement of Labour/Workers The Common Market Protocol allows workers from any Partner State to accept employment within any other EAC country. Can be accompanied by a spouse and child Right to social security benefits Employment in the public service is excluded unless permitted by the Partner State.

EAC PROTOCOL Partner States have recently opened up to the following categories of workers: Burundi Professionals Kenya Managers, Professionals, Technicians and Associate Professionals, and Craft and Related Trades Workers Rwanda Professionals and Technicians and Associate Professionals Tanzania Professionals and Technicians and Associate Professionals Uganda Managers, Professionals,and Craft and Related Trades Workers

EFFORTS TO PROMOTE SOUTH- SOUTH LABOUR MIGRATION FOR DEVELOPMENT IN EASTAFRICA Policy Development Kenya Labour Migration Unit (ACP) MIDA Great Lakes & Rwanda Migration Profiles Tanzania Uganda

COMESA PROTOCOLS Protocol on the Gradual Relaxation and Eventual Elimination of Visa Requirements and the Protocol on the Free Movement of Persons, Labour, Services, and the Right of Establishment and Residence Objectives: Facilitate bilateral consultations with Member States to sign and ratify the protocol Enhance programmes on movement of people Design a detailed programme on movement of labour Develop a programme to build capacity among immigration officials on the implementation of the Protocol on the free movement of persons and the detection of transnational crimes and counter terrorism

COMESA PROTOCOLS 3 priority areas to promote the free movement of persons, services, and labour within the COMESA Integration Agenda 1. Implementation of the Protocol and Council Decisions on movement of persons, services, and labour 2. Harmonisation of national laws with the COMESA model law on immigration 3. Cooperation on immigration matters among COMESA Members States to facilitate trade

EFFORTS TO PROMOTE SOUTH-SOUTH LABOUR MIGRATION FOR DEVELOPMENT IN EAST & SOUTHERN AFRICA Advocacy Campaigns to Promote Signature of COMESA Protocol on Free Movement COMESA Regional Dialogue on Institutional Capacity Building on Diaspora Engagement South South Labour Migration Programmes with North Africa and Middle East

CONCLUSIONS There are many different models of mobility frameworks that foster South South migration in Africa and around the world; however, there is not yet a strong relationship between labour migration and the free movement of persons It is therefore crucial that innovative approaches to address the challenges associated with labour migration in the regional context be identified This will enable the RECs to harness the development potential associated with the effective implementation of mobility frameworks, especially with regard to labour mobility This will ultimately require the development and implementation of targeted programmes designed to promote South South labour migration both within regional economic communities (e.g. SADC) and between them (e.g. SADC and EAC)

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