Free Movement of Persons in Regional Integration Processes International Organization for Migration (IOM) 1
Global Issues 2
Trade vs. Labour Mobility Global Trade Liberalization Human Mobility Focus on facilitating movement of capital, goods & services Still a country or region specific freedom Rather than the movement of people Rather than a global one 3
Migration: the Global Issue Migration: Considerable potential for economic and social growth Development for countries of origin and destination alike Individual migrants and their families Much remains to be done: Consensus at global level on migration management strategies 4
Migration: the Global Issue Globalization Facility of Travel Awareness of opportunities and networking possibilities Numerous options abroad Viable life choice Population and demographic imbalances Labour market and income disparities Migratory dynamics Search for employment abroad Global demand for some professions, ex: nurses Absence of sufficient legal channels for migration Significant rise in irregular migration Risks to human life and well-being Distorting economic, social and security effects 5
Regional Developments & Integration Levels 6
Trade Liberalization & Movement Global trade liberalization Liberalization of the movement of people GATS: liberalization of trade in services Mode 4 Different types of Regional Agreements and Mobility Provisions 7
Regional Level Developments Greater progress in addressing multifaceted relationship between trade, migration and development Limited number of countries involved Deeper the integration Better possibilities for cooperation on complex migration dynamics Greater likelihood of finding relatively liberal freedom of movement provisions Largest share of migration flows Within regions Increasing moves for short, recurring stays Regional integration agreements and legal frameworks Important for management of these flows 8
Four Main Levels of Integration Integration Levels 1. Free Trade Area NAFTA Internal removal of trade barriers 2. Customs unions CARICOM Equal trade advantages of member States with respect to third-country exports 3. Common markets Free flow of labour and capital MERCOSUR 4. Economic Union Greater integration among EU national economic policies Further integration in foreign policy and justice and home affairs policies Degree of Integration 9
Integration Levels Several regional trade agreements (RTAs) may be in force in a given region States may Be party to more than one RTA Be party to intra- and extra-regional bilateral agreements Participate in one or more non-binding Regional Consultative Processes on migration (RCP) 10
Regional Trade Agreements 11
Regional Trade Agreements Provisions for liberalized movement of persons Many approaches Facilitation of entry: more common Residence and access to labour market less frequently and fully covered: often subject to national regulations Provisions regarding movement of persons not always contained in agreement, may be found in separate or adjoining agreements Agreements might be at varying stages of ratification among member States 12
Regional Trade Agreements Types and Categories of Mobility: Cover mobility of persons in general Provide for free mobility of labour in general or certain types of labour: higher skilled workers Facilitate mobility of service suppliers Offering simplified procedures for movement related to investment Offer facilitated admission to specific categories: tourists, students, family members, business visitors, entertainment and media professionals and non-wage earners 13
Regional Trade Agreements Vary according to type of barriers to mobility they choose to alleviate or remove Access to the entire labour market or certain sectors Facilitation of recognition of qualifications Temporary and/or permanent migration Family reunion Access to social security benefits Prevention of double taxation Some agreements implemented gradually or in stages May envision over time a greater degree of mobility Example: CSME (CARICOM Single Market Economy) 14
Approaches to Human Mobility 15
Approaches to Human Mobility Three Broad Approaches Group 1: Recognizes a right to mobility Cover free movement of all nationals of States party to agreement Allow them to engage in work, self-employment and service provision Most provide for right of residence Where residence not related to employment: Subject to additional conditions: proof of sufficient funds for self-support Typically offer entry and, in some cases, market access to family members of nationals of participating States Some allow permanent migration after a certain period of time Examples: EU and NORDIC Common Labour Market 16
Approaches to Human Mobility Group 2: Based on the GATS Mode 4 Model Temporary movement for service suppliers May not cover full range of service supplier mobility Allow mobility of other types of persons Example: MERCOSUR Market access to high-skilled only - Business visitors - Traders and investors - Intra-company transferees and professionals Example: NAFTA Access to service providers at all skill levels University graduates and professionals in selected occupations Example: CARICOM Some permit entry of family members, but no employment 17
Group 3: Approaches to Human Mobility No Market Access Facilitates entry and allows temporary stay for certain categories: - Persons engaged in trade and investment activities Example: APEC Business Travel Card Scheme No specific provisions for labour mobility Arrangements that facilitate and streamline temporary entry of business visitors Example:SAARC Visa exemption scheme for 21 categories of persons Visa simplification procedures for other categories: facilitate trade and tourism Entry rights of family members not addressed No special residence rights 18
Challenges 19
Challenges 1. Terminology and Perception Phrase free movement Hampers acceptance and implementation of mobility provisions Misnomer: Liberalized movement more accurate Misperceptions: Negative public sentiment towards mobility provisions Political pressure not to accept or implement fully 20
Challenges 2. Mismatch Between Aspirations Aims of the mobility provisions Reality Circumstances in the region Political and economic differences between participating States Countries of origin Access to labour markets Concerned about loss of skilled workers Countries of destination Concerned about massive influx of unskilled migrants 21
Challenges 3. Concerns Relating to Irregular Migration Significant factors Unauthorized persons gaining entry/residence under facilitated regime General complexity of implementing twoor multi-tiered entry & residence system Travel identification: problematic 22
Challenges 4. Labour Market Issues Hesitations: access of citizens of non-member States to national labour markets Concerns about protection of the local labour force Difficulty for nationals outside of regional integration agreement to access the region Tensions with countries not party to agreement Ancillary Issues Social security issues, including portability of pensions Recognition of qualifications 23
Challenges 5. Implementing Effective Labour Migration Management Systems Greatest challenge in particular for less developed States Lack of: Adequate operational systems Legal/regulatory frameworks Adequate personnel and training 24
Regional Integration Agreements & National Policies Implementation Challenges Mobility provisions : implications for national regulations & practice - Labour, welfare, health and immigration Improve access to technology and data management systems to monitor and/or manage regional migration Harmonize border management procedures and data collection regimes Create capacity to produce high quality identity and travel documents Additional barriers to mobility - Language, family ties, cultural barriers, education 25
Regional Integration Agreements & National Policies Need to create necessary administrative infrastructure 1. Monitoring bodies and systems Secure and rapid exchange of information Consistent with privacy protection laws 2. Information and training Labour and welfare officials Consular officers Border guards and law enforcement officials Need to include resources for regional mobility in national budgets Example: ECOWAS travel certificate (1985) Printing: big challenge High printing costs Non-uniform formats across member states 26
Conclusions 27
Conclusions Take stock of experiences Existing regional free movement regimes Learn from what exists Share good practices Facilitated entry Access to employment or residence Required administrative, legislative and other mechanisms Open dialogue, sharing of experiences and cooperation Countries of origin and destination Different communities: migration and trade authorities Facilitate more balanced distribution of the benefits of mobility Greater coherence between mobility and other policy areas 28
Conclusions Facilitating labour mobility: Many forms Adoption of global or regional trade or integration agreement Bilateral labour migration schemes Unilateral policies Complementary: focus on different types of mobility & categories of persons May have differing underlying objectives Global approaches to mobility of persons: Difficult on a large scale 29
Conclusions RTAs: building blocks towards more comprehensive arrangements Build confidence in ability of States: - Work together to manage mobility efficiently & effectively 30
Free Movement of Persons in Regional Integration Processes International Organization for Migration (IOM) 31