A Rights- based approach to Labour Migration

A Rights- based approach to Labour Migration www.itcilo.org International Training Centre of the ILO 1

Question 1 What is the definition of Labour Migration : A = Defined as the movement of people from one country to another with the purpose of employment B = Defined as the movement of people from one country to another with the purpose of employment or education C = Defined as the movement of people from one country to another with the purpose of employment, education or family reunification www.itcilo.org International Labour Migration Programme 2

Definitions International Labour Migration: Defined as the movement of people from one country to another with the purpose of employment

Question A migrant worker is A = A person who is to be engaged in a remunerated activity in a State of which he or she is not a national B= A person who is to be engaged or is engaged in a remunerated activity in a State of which he or she is not a national C= A person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which he or she is not a national www.itcilo.org International Labour Migration Programme 4

Definitions Migrant worker International Convention on the protection of the Rights of All Migrant Workers and Members of their families A person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which he or she is not a national C097 - Migration for Employment Convention (Revised), 1949 A person who migrates from one country to another with a view to being employed otherwise than on his own account and includes any person regularly admitted as a migrant for employment

Question In 2013 international migrants represents : A= 153 million people B= 214 million people C= 232 million people

Question Which also represents A= 2.3 % of the global population B= 3.2% of the global population C= 5.3% of the global population

Migrants = 3.2 % of the global population

More people than ever are living abroad*. In 2013, 232 million people, or 3.2 per cent of the world s population, were international migrants, compared with 175 million in 2000 and 154 million in 1990 The North, or developed countries, is home to 136 million international migrants, compared to 96 million in the South, or developing countries. Most international migrants are of working age (20 to 64 years) and account for 74 per cent of the total. Globally, women account for 48 per cent of all international migrants at global level and more than 50% in EU and Eastern Europe (lowest part = Africa with +/- 45%) *source = United Nations Department of Economic and Social Affairs Population Division www.unpopulation.org

Question 5 Migrants workers and their families represent : A = 50 % of the total of migrants B = 70% of the total of migrants C = 90% of the total of migrants

Migrant population breakdown

Question 5 What is the % of female migrants in Europe A = around 40 % of the total of migrants B = more than 50 % of the total of migrants C = less than 30 % of the total of migrants

Migration by Gender

Women migrants Percentage of female migrants www.itcilo.org International Training Centre of the ILO 14

Women migrants United Nations, Department of Economic and Social Affairs, Population Division (2009). Trends in International Migrant Stock: The 2008 Revision www.itcilo.org International Training Centre of the ILO 15

Women migrants Feminization of migration since 1960 Women s labour migration is concentrated in a very limited number of occupations More vulnerable Double discrimination (women AND migrant) Risks of abuses, trafficking, forced labour Need adequate protection

Question South-South is as common as South- North migration A= True B= False www.itcilo.org International Labour Migration Programme 17

Question Which are the most important destination region A= Europe and Northern America B= North America and Asia C= Europe and Asia www.itcilo.org International Labour Migration Programme 18

Question Which are the most important origin region A= Africa and Asia B= Asia and Latin America C= Latin America and Africa www.itcilo.org International Labour Migration Programme 19

International Migration Routes

South-South migration is as common as South-North migration. The data show that In 2013, about 82.3 million international migrants who were born in the South were residing in the 2 South, which is slightly higher than the 81.9 million international migrants originating in the South and living in the North. Asians and Latin Americans living outside of their home regions form the largest global diaspora groups. In 2013, Asians represented the largest group, accounting for about 19 million migrants living in Europe, some 16 million in Northern America and about 3 million in Oceania. Migrants born in Latin America and the Caribbean represented the second largest diaspora group with the majority, 26 million, living in Northern America. In 2013, South Asians were the largest group of international migrants living outside of their home region. Of the 36 million international migrants from South Asia, 13.5 million resided in the oil-producing countries in Western Asia. International migrants originating from Central America, including Mexico, represented another large group of migrants living outside their home region. About 16.3 million, out of 17.4 million Central American migrants lived in the US. www.itcilo.org International Labour Migration Programme 21

Most migrants live in Europe and Asia Europe and Asia combined host nearly two-thirds of all international migrants worldwide. Europe remains the most popular destination region with 72 million international migrants in 2013, compared to 71 million in Asia. Compared to other regions of destination, Asia saw the largest increase of international migrants since 2000, adding some 20 million migrants in 13 years. This growth was mainly fuelled by the increasing demand for foreign labour in the oil-producing countries of Western Asia and in South- Eastern Asian countries with rapidly growing economies, such as Malaysia, Singapore and Thailand. www.itcilo.org International Labour Migration Programme 22

Which are the top 5 receiving countries: A= USA Russia China - Germany and Canada B= USA Russia France Germany and Canada C= USA - Russia -Germany - Saudi Arabia - United Arab Emirates www.itcilo.org International Labour Migration Programme 23

International migration remains highly concentrated In 2013, half of all international migrants lived in 10 countries, The US hosting the largest number (45.8 million), Russian Federation (11 million); Germany (9.8 million); Saudi Arabia (9.1 million); United Arab Emirates (7.8 million); United Kingdom (7.8 million); France (7.4 million); Canada (7.3 million); Australia (6.5 million); and Spain (6.5 million). The US gained the largest absolute number of international migrants between 1990 and 2013 nearly 23 million, equal to one million additional migrants per year. The United Arab Emirates recorded the second largest gain with seven million, followed by Spain with six million. www.itcilo.org International Labour Migration Programme 24

Question Remittance flows to developing countries in 2012 represented : A= $ 406 billion B= $ 306 billion C= $ 206 billion www.itcilo.org International Labour Migration Programme 25

Definitions REMITTANCES = Monies earned or acquired by non-nationals that are transferred back to their country of origin. 26

Remittances : Some figures Remittance flows to developing countries in 2012 $406 billion 6.5% growth since 2011

Remittances Remittances: most immediate and tangible benefits. 2nd Largest source of external funding for developing countries More reliable source of income The flows of remittances fluctuate with economic cycles (countercyclical) Better distributed than Foreign Direct Investment (FDI) World Bank: remittances transfers more than doubled 1995-2010, up to $406 billion

Size of remittance flows to developing countries www.itcilo.org International Labour Migration Programme 29

Top recipients of remittances

Why specific protection and policies? Violations of migrant workers rights Why do migrant workers need protection? The need for a normative framework ILO and International Labour Standards The broader normative context International human rights instruments International Convention on Migrant Workers Multilateral Framework on Labour Migration

Why specific protection and policies? Violations of migrant workers rights At risk of exploitation in recruitment process Non-citizens and rarely benefit from full equal treatment Often low-skilled precarious employment Agriculture, domestic work, construction Multiple discriminations, especially women MW Particular risks for migrants Example: rates of occupational injury and death double for foreign workers than citizens where data obtained More at risk if in an irregular situation

Rights of Migrant Workers ILO MANDATE The protection of human rights of men and women migrant workers and: the promotion of their equal treatment and opportunity are enshrined in the: ILO Constitution (1919) Declaration of Philadelphia (1944) Declaration of Fundamental Principles and Rights at Work (1998) The Social Justice Declaration (2008) reaffirms the role of ILS and states that gender and non-discrimination should be cross-cutting www.itcilo.org 33

QUESTION Which one of the following sentence is correct A= All International Labour Conventions, including the eight fundamental ones, under the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, apply to migrant workers B= Only the specific ILO conventions related to migration apply to migrant workers C= Only the specific ILO conventions related to migration and the eight fundamental ones, under the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up apply to migrant workers www.itcilo.org 34

ILO Mandate and Applicable International Labour Standards In principle, ILS cover all workers irrespective of nationality and immigration status unless otherwise stated State prerogative to regulate access to territory and labour market

Applicable International Labour Standards International Labour Conventions: All International Labour Conventions, including the eight fundamental ones, under the 1998 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, apply to migrant workers Eight Fundamental Labour Conventions Forced Labour Convention, 1930 (No. 29) Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) Right to Organize and Collective Bargaining Convention, 1949 (No. 98) Equal Remuneration Convention, 1951 (No. 100) Discrimination (Employment and Occupation) Convention, 1958 (No. 111) Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182) Abolition of Forced Labour Convention, 1957 (No. 105)

Applicable International Labour Standards ILO Governance standards (examples) C81 Labour Inspection Convention 1947 C122 Employment Policy Convention 1949 ILO Conventions particularly applicable to migrant workers C19 Equality of Treatment (Accident Compensation) Conv'n 1925 C102 Social Security (Minimum Standards) Convention 1952 C118 Equality of Treatment (Social Security) Convention 1962 C157 Maintenance of Social Security Rights Convention 1982 C181 Private Employment Agencies Convention 1997

Applicable International Labour Standards ILO Instruments of general application particularly relevant to migrant workers C95 Protection of Wages Convention 1949 C131 Minimum Wage Fixing 1970 C183 Maternity Protection Convention 2000 C121 Employment Injury Benefits Convention 1964 R200 HIV and AIDS Recommendation 2010 C189 Domestic Workers Convention (&R201) 2011

Applicable International Labour Standards Specific ILO standards in reference to migrant workers Migration for Employment Convention (Revised), 1949 (No. 97) Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) Basic components of a comprehensive labour migration policy Measures to facilitate migration movements Promote equality of treatment and opportunity for migrants and nationals

Applicable International Labour Standards Instruments on labour migration and protection of migrant workers C97 Migration for Employment Convention (Revised), 1949 C143 Migrant Workers (Supplementary Provisions) Convention, 1975 R86 Migration for Employment Recommendation (Revised), 1949 R151 Migrant Workers Recommendation, 1975

Migration for Employment Convention (Revised), 1949 (No. 97) Historical context Facilitate the movement of surplus labour Purpose Protect migrant workers from exploitation and discrimination Scope Migrant workers and their families regularly admitted to the country of employment Categories of workers excluded Frontier workers, seafarers, members of liberal professions and artists entering on a short-term basis

Convention No. 97: Structure Regulation of conditions in which labour migration takes place General protection provisions Non-discrimination and equality of treatment between migrants and nationals Wages/ working conditions Trade union rights Accommodation Social security Employment taxes Access to courts

C 97: Cooperation Whenever necessary or desirable, conclusion of agreements to regulate migration for employment in cases where numbers of migrants are sufficiently large Recommendation No. 86 (Annex): model bilateral labour migration agreement

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) Historical context Aims Facilitate and regulate labour migration flows Suppress activities of organizers of clandestine movements of migrant workers Provide minimum protection to all migrant workers Structure: Flexible instrument Part I Migrations in abusive conditions (Articles 1-9) Part II Equality of opportunity and treatment (Articles 10-14)

C143 Part I: Migration in abusive conditions Minimum standards Basic human rights of all migrant workers Protects regular status of migrant worker when loss of employment But distinguished from a right to stay Migrants in an irregular situation: Equal treatment in respect of rights arising out of past employment (e.g. remuneration, social security) Access to legal proceedings No costs on expulsion Possibility of regularization

C143 Part II: National policy on equality of opportunity and treatment Employment and occupation (some limitations) Social security (some limitations) Trade union rights Cultural rights Individual and collective freedoms Excluded categories from Part II: frontier workers; artists and members of the liberal professions entering on a short-term basis, seafarers, trainees, persons on specific temporary duty assignments

Consultation with social partners Recommendation No. 86, Para. 4(2): Consultation on all general questions concerning migration for employment Convention No. 143, Art. 7: Consultation on laws and regulations and other measures designed to prevent and eliminate migration abuses

QUESTION Which of one of these following countries ratified both C97 and C143 A= India B= Italy C= Mexico

Ratifications ILO migrant workers instruments Convention No. 97 (1949) 50 ratifications Africa: Algeria, Burkina Faso, Cameroon, Kenya, Madagascar, Malawi, Mauritius, Nigeria, Tanzania (Zanzibar), Zambia Americas and Caribbean: Belize, Bahamas, Barbados, Brazil, Cuba, Dominica, Ecuador, Grenada, Guatemala, Guyana, Jamaica, Saint Lucia, Trinidad and Tobago, Uruguay, Venezuela Asia and Pacific: Hong Kong (China SAR), Kyrgyzstan, Malaysia (Sabah), New Zealand, Philippines, Tajikistan Europe: Albania, Armenia, Belgium, Bosnia and Herzegovina, Cyprus, France, Germany, Israel Italy, The former Yugoslav Republic of Macedonia, Moldova, Montenegro, Netherlands, Norway, Portugal, Serbia, Slovenia, Spain, United Kingdom Convention No. 143 (1975) 23 ratifications Africa: Benin, Burkina Faso, Cameroon, Guinea, Kenya, Togo, Uganda Americas and Caribbean: Venezuela Asia and Pacific: Philippines, Tajikistan Europe: Albania, Armenia, Bosnia and Herzegovina, Cyprus, Italy, The former Yugoslav Republic of Macedonia, Montenegro, Norway, Portugal, San Marino, Serbia, Slovenia, Sweden

C 97 and C 143 Key features Do not affect the prerogative of States to determine admission for employment Relevant for both countries of destination and origin Taken together, C97 and C143 recognize that Migrant workers, including those in an irregular situation, have basic human and labour rights Once admitted to employment, regular migrant workers should enjoy equal treatment with nationals The social consequences need to be addressed E.g. facilitation of family reunification (C143 and R151) The labour migration process needs to be regulated within a rights-based rule of law framework

QUESTION Which article of Convention C189 refers directly to migrant workers? A= Art 6 B= Art 7 C= Art 8

Migrant domestic workers The Convention covers all domestic workers, including migrant domestic workers. Nonetheless, because of their specific vulnerabilities, the Convention has provisions that specifically concern migrant domestic workers or are especially relevant to the needs and risks they face. Special focus on needs of migrant domestic workers C189 contains specific provisions on written job offer, conditions for repatriation, international cooperation, regulation of PEAs, protection for live-in R201 adds extra measures of protection

Migrant domestic workers A written contract that is enforceable in the country of employment, or a written job offer, prior to traveling to the country of employment (art 8) Clear condition under which domestic workers are entitle to repatriation at the end of their employment (art 8) Cooperation among sending and receiving countries to ensure the effective application of the provisions of the Convention to migrant domestic workers (art 8) www.itcilo.org International Labour Migration Programme 53

Migrant domestic workers The provisions of the Convention concerning live-in domestic workers (art 6 and 9) and the regulation of private employment agencies (art 15) also of particular relevance for migrant domestic workers, given that many of them are recruited through such agencies and that they frequently reside in the household for which they work. Ex : DW are entitled to keep their identity and travel documents in their possession (Art. 9) Protection of domestic workers from abusive practices by PRAs (art 15) Recommendation 202: Assistance services and facilities, provision of information, access to complaint mechanisms and legal remedies, repatriation, international cooperation (Paras. 20(2), 21, 22, 23 and 26). www.itcilo.org International Labour Migration Programme 54

What is the ILO Multilateral Framework on Labour Migration A= A set of binding principles, guidelines and best-practices for Governments, organizations of employers and workers to pursue a rights-based approach to labour migration B= A set of non-binding principles, guidelines and best-practices for Governments, organizations of employers and workers to pursue a rights-based approach to labour migration www.itcilo.org International Labour Migration Programme 55

Multilateral Framework on Labour Migration A set of non-binding principles, guidelines and best-practices for Governments, organizations of employers and workers to pursue a rights-based approach to labour migration. The Framework aims to foster cooperation in order to assist in the implementation of effective policies on labour migration. Based on significant international instruments, an analysis of policy, and the mandate of the ILO Nine (9) sections, 15 principles and about 120 guidelines: Decent Work for All Governance Protection of Migrant Workers Migration and Development International Development Annex: Examples of best practices, corresponding to the principles, drawn from all regions.

Multilateral Framework on Labour Migration Need for new tools and clear rules for governance of labour migration in light of expansion and increasing complexity of international migration Some countries reluctant to ratify legally binding Conventions Risk of lowering existing standards New developments Greater role of private sector and private employment services Feminization of labour migration Growth of irregular migration Proliferation of temporary labour migration schemes Emphasis on relationship between migration and development

Multilateral Framework on Labour Migration Identified in Plan of Action for migrant workers adopted by ILC, June 2004 Objective in PoA: develop a non-binding multilateral framework for a rights-based approach to labour migration, which takes account of labour market needs Framework drawn up by Tripartite Meeting of Experts and approved by ILO GB in March 2006 international principles and guidelines illustrated by 132 best practices in 9 areas http://www.ilo.org/public/english/protection/migrant/download /multilat_fwk_en.pdf

Multilateral Framework on LM Follow-up Framework translated, widely circulated and publicized Efforts mobilized to support PoA and Framework The Framework has been used as guide for developing national labour migration policies in Bangladesh, Kenya, Nepal, Nigeria, Sri Lanka, Zimbabwe and other countries Principles and guidelines incorporated into ILO DWCPs and TC projects Work with trade unions, employers and civil society to promote Framework implementation The MLF offers a comprehensive, relevant and useful guide for elaboration of law and policy in PNG

Conclusions Greater awareness of application of human rights to all migrant workers and their families Migrants rights are human rights Enhanced work of Human rights treaty bodies and the ILO supervisory bodies UN Special Rapporteur Focus of Trade union concern CSO and NGO action Migrant organizing Steady progress in acceptance of international standards on Migrant Workers Importance of regional legal frameworks and case law