Presentation on theme: "ILO Migration website:"— Presentation transcript:
1 ILO Migration website: http://www.ilo.org/migrant ILO multilateral framework on labour migration (MLF): A rights based approachPresentation: “Trade Union Training on Migrant Workers Rights & Promotion of Social Protection”, ILO-ACTRAV Workshop, August 2007, JakartaBy Piyasiri Wickramasekara Senior Migration Specialist International Labour Office, GenevaApril 2007ILO Migration website:
2 Structure of presentation Issues in governance of labour migrationILO approach to labour migrationCase for a multilateral framework (MLF)Main features of MLFRelevance to AsiaFollow up
3 Governance of international labour migration: major issues Rampant exploitation and abuse of migrant workersGrowth of irregular migration including smuggling and trafficking of personsSkill exodus or “Brain drain” from developing countriesPoor integration of migrants in host societiesLack of credible migration policiesWorld Commission on Social Dimension of Globalization – above are collateral problems from lack of multilateral framework to govern global labour migration
4 Possible options for an international migration regime Create a new agency: “World Migration Organization” – objections from major countries.Mandate an existing agency or agencies: GCIM considered this option.Establish international standards: ILO and UN migrant worker instruments exist but limited ratification and compliancePromote non-binding frameworksILO multilateral framework on labour migrationBerne Initiative- International agenda for migration management (IAMM)- 2004Establish global consultative forums: Global Migration Group; Global Forum on Migration and Development (State-led outside UN).Regional integration agreements as a model: European Union- free movement of persons & labour
5 International normative framework - Migrant specific ILO Conventionsthe Migration for Employment Convention (Revised), 1949 (No. 97) – 46 ratificationsthe Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) – 22 ratificationsUnited NationsInternational Convention on the Protection of the Rights of All Migrant Workers and Members of their families, 1990 – 37 ratifications. (in force since mid-2003)79 countries have ratified at least one instrument.
6 Case for a multilateral framework (WCSDG) “Steps have to be taken to build a multilateral framework that provides uniform and transparent rules for the cross-border movement of people and balances the interests of both migrants themselves and of countries of origin and destination. All countries stand to benefit from an orderly and managed process of international migration that can enhance global productivity and eliminate exploitative practices.”.“Fair rules for trade and capital flows need to be complemented by fair rules for the cross-border movement of people.”A fairer Globalization: Creating opportunities for all, Report of the World Commission of the Social Dimension of Globalization, ILO, Geneva, 2004.
7 The case for a multilateral framework (contd). With the expansion and mounting complexity of labour migration, the emerging era of mass migration needs new tools and clear rules for governance of labour migration;Countries reluctant to ratify binding ConventionsRisk of a new Convention trying to lower existing standardsTake into account new developments (1999 ILO survey)Greater role of private sector & private employment services;Feminisation of labour migrationGrowth of irregular migrationProliferation of temporary labour migration schemesCurrent emphasis on migration-development nexus
8 Why should the International Labour Organization (ILO) take the initiative? Tripartite structure with the main stakeholders (governments, employers and workers): broader constituency;Mandate on labour issues and vulnerable workers including migrant workers; Declaration.Competence on standard setting; C97 and C143Long-standing experience in promoting social justice in . the world of work.These confer on the ILO an obligation and unique role to play in developing principles and guidelines for governments, social partners and other stakeholders in international labour migration policy and practice.
9 ILO approach to labour migration As a labour market and decent work issue; work with labour ministries;View labour migration as a positive factor in development;Tripartite approach to labour migration;Rights based approach; pioneered international instruments since the 1930s;Promoting international cooperation & multilateral approaches.
10 Background to the Discussion Conclusions of previous ILO meetings – Tripartite Meeting of Experts on Migration (21-25 April, 1997)General Survey on Migrant Worker Instruments, Report 3b presented to ILC, 1999:On low ratification of ILO MW instrumentsGoverning Body 283rd session – March Decision to place the issue of migrant workers on 2004 ILC agendaWorld Commission on the Social Dimension of Globalization report 2004 – conclusions of the report on the lack of a multilateral framework to govern international migration
11 2004 ILC General Discussion on migrant workers: A landmark event Largest global discussion on international migration since the 1994 International Conference on Population and DevelopmentSupported by 177 member statesAn intensive and comprehensive discussion spread over two and a half weeksProduct of social dialogue: among governments, workers and employers.Adoption of a comprehensive plan of action and practical guidelinesentrusted to a long established multilateral institution that has the constitutional mechanism, normative foundations, structure, and processes for follow-up and implementation.International Labour Conference (ILC) 2004 adopted by consensus “Resolution concerning a fair deal for migrant workers in a global economy”
12 Resolution concerning a fair deal for migrant workers in a global economy Conclusions on a fair deal for migrant workersIssues and challenges; paras 1-22A non-binding multilateral framework for migrant workers in a global economy- paras 23-26International labour standards and other relevant instruments: paras 27-30Capacity building and technical assistance: pr 31-32Development of a global knowledge base – para 33Social dialogue: para 34Follow up: paras 35-36
13 ILO Plan of Action on Migrant Workers, ILC 2004: components Development of a non-binding multilateral framework for a rights-based approach to labour migrationWider application of international labour standards and other relevant instruments;Support for implementation of the ILO Global Employment Agenda at national level;Capacity building, awareness raising and technical assistance;Strengthening social dialogue;Improving the information and knowledge baseMechanisms for follow-up.
14 ILO Multilateral framework on labour migration: (MLF) – objectives Non-binding principles and guidelines for a rights-based approach to labour migration adopted in November 2005 by tripartite experts & endorsed by Governing Body in March 2006.More effective labour migration management and its governanceImproved protection for migrant workersPromoting migration-development linkages.Reinforcing international cooperation & multilateral processes.Downloadable from:
15 Recognizes state sovereignty over migration policy. ILO MLF - FeaturesA framework of non-binding principles, guidelines and good practicesserves as a tool kit for guiding migration policies in countries.Provides a wide menu of policy optionsRecognizes state sovereignty over migration policy.Nine themes: 15 broad principles and corresponding guidelines and compilation of 132 best practices.
16 MLF Themes Decent work Means for international cooperation Global knowledge baseEffective management of labour migrationProtection of migrant workersPrevention of, and protection against abusive practicesMigration processSocial integration and inclusionMigration and development
17 Features of the ILO Multilateral Framework – contd. The only comprehensive collection of principles and guidelines on migration policy and management, which is also firmly grounded in international instruments and best practices currently practised across the globe.Tripartite ownership based on tripartite negotiations and consensus: not state-driven or produced by an agency/Commission like IAMM or GCIM reportDeals only with labour migration – the subject of ILO mandate - and addresses the concerns of both source and host countries, and migrant workers themselves.Recognizes the role of social dialogue and value of social partner participation in migration policy.
18 Rights based The ILO Framework is “rights-based”: brings together all the principles and guidelines found in international instruments which apply to labour migration and its good governance.Principles include Those that state the fundamental rights of migrant workers found in international instrumentsThose that would help create orderly migration processesThose that apply to rights in the workplaceThose that would help states benefit from migration
19 Objections raised by some states Too prescriptive: but it is a non-binding framework.Accords too many rights to workers in irregular status: MLF does not create any new rights – merely restates rights contained in existing instruments.Impinges on state sovereignty: principle of state sovereignty recognized throughout the MLF.Goes beyond ILO mandate in covering migration & development: but development is very much a decent work issue.Lacks defintions of categories of migrant workers – “regular” and “irregular” status, and “temporary” and “permanent” migrant workers: these are well-covered in the literature.
20 Highlights of MLF relevant to Asia Guideline 4.5. ensuring that labour migration policies are gender-sensitive and address the problems and particular abuses women often face in the migration process;Principle 5: Expanding avenues for regular labour migration should be considered, taking into account labour market needs and demographic trends.Principle 6: Social dialoguePrinciple 11: prevent abusive practices, migrant smuggling and trafficking in persons; preventing irregular labour migration.prohibiting the retention of the identity documents of migrant workers;Principle 12- Migration processPrinciple 13: licensing and supervising recruitment and placement services for migrant workersMany good practices drawn from Asia; Philippines, etc.
21 Multilateral framework guidelines on temporary migrant workers 5.5: ensuring that temporary work schemes respond to established labour market needs, and that these schemes respect the principle of equal treatment between migrant and national workers, and that workers in temporary schemes enjoy the rights referred to in principles 8 and 9 of this Framework.9.7. ensuring that restrictions on the rights of temporary migrant workers do not exceed relevant international standards;15.8. adopting policies to encourage circular and return migration and reintegration into the country of origin, including by promoting temporary labour migration schemes and circulation-friendly visa policies.
22 ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers - Significance Emphasis on protection and promotion of rights – accords well with MLFObligations on sending states, receiving states and ASEANRecognises the contributions of migrant workers to the society and economy of both receiving states and sending statesIntensify efforts to protect the fundamental human rights, promote the welfare and uphold human dignity of migrant workers;ASEAN: Promote decent, humane, productive, dignified and remunerative employment for migrant workers;develop an ASEAN instrument on the protection and promotion of the rights of migrant workers. MLF can be a model.
23 Follow up action Wide circulation and publicity for the Framework Translations- Arabic, Chinese, Russian; translations into national languages encouraged.Mobilizing office-wide efforts for support to the Action Plan and the MLF; regional actionContinuing dialogue and cooperation with other concerned international agencies: Global Migration Group, European Commission, OECD, etc.Incorporate MLF in Decent work country programmes.Work with social partners – unions and employers and civil society to promote the MLF
24 Follow up in AsiaILO ROAP regional action plan on labour migration and decent work country programmesWork with ILO TC projectsExpand the compendium of good practices: more examples from Asia including from unionsMobilise support of regional social partners, civil society and regional agencies:ACRAV workshops in SE & South AsiaASEAN Declaration and proposed instrument
25 Important documentsILO report prepared for the discussion – A fair deal for migrant workers in the global economyReport of the Committee on Migrant WorkersThe full report of the Migrant Workers, committee which captures in summary the various debatesThe Resolution concerning a fair deal for migrant workers in the global economy, which contains the ILO Plan of Action. pp of above report (pr-22.pdf).ILO Multilateral Framework on Labour MigrationNote on the Proceedings: Expert Group Meeting on the ILO Multilateral Framework on Labour Migration