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A Comprehensive Approach: Global, Regional and National Challenges and Solutions Dr. Nicola Piper Arnold Bergstraesser Institute Freiburg University, Germany.

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Presentation on theme: "A Comprehensive Approach: Global, Regional and National Challenges and Solutions Dr. Nicola Piper Arnold Bergstraesser Institute Freiburg University, Germany."— Presentation transcript:

1 A Comprehensive Approach: Global, Regional and National Challenges and Solutions Dr. Nicola Piper Arnold Bergstraesser Institute Freiburg University, Germany EMN Conference Migration and Development, Oslo, June 18, 2012

2 Objectives: to develop an analytical link between Development, Mobility and Rights – the DMR nexus to relate this to the world of work/employment in particular Introduction Dr. Nicola Piper

3 Pre-1990 human rights frameworkInternational migration discussed under human rights framework 1951 Geneva Convention two ILO migrant worker conventions (1948, 1975) → culmination: 1990 UN Convention on the Rights of All Migrant Workers Post-1990 linking migration to developmentshift to linking migration to development Cairo Conference 1994 Cairo Conference Chapter X of its Programme of Action refers to migration within a development framework GCIM 2003 Set-Up of GCIM SRSG on migration Leading up to 2006 – appointment of Peter Sutherland as SRSG on migration and development and development UN High Level Dialogue 2006 UN High Level Dialogue of International Migration and Development since then, annually held GFMDs Migration and Development: re-emergence of a topic

4 GFMD THE primary inter-governmental place of discussion of migration policy and framework- setting this now happens only within a development context → advancement of the rights of migrants regressed → migrants‘ rights have nearly disappeared from inter- governmental discourse at the highest levels Global Level

5 Two main discourses and policy approaches: 1.„Management of Migration“ 2.„Migration-Development Nexus“ = dominant, state-led discourses = increasingly restrictive policy environment Counter-discourse: 3. „Rights-Based Approach“ = promoted by UN experts and civil society (trade unions, migrant associations, migrant rights advocates, faith-based organisations…..) → the Peoples‘ Global Action for Migration, Development and Human Rights

6 “Among people who move across national borders, just over a third moved from a developing to a developed country” → that is, fewer than 70 million (UNDP 2009:2) “Most international migrants move within major regions” (UN DESA 2011) What Migration? Dr. Nicola Piper

7 What Migration? irregular, permanent, short-term rotating, and temporary migration (cf. Böhning 2009) low skilled – highly skilled (but: „brain waste“/de-skilling → issue of low wage rather than skill) work/employment in specific sectors/professions – some sectors have been given more attention than others (this also a gender issue) ( Special Issue in Population, Space and Place, 2009, vol. 15(2), on „Rethinking the Migration-Development Nexus“)

8 Whose Development? short-term rotating Böhnung‘s (2009) conclusion that the short-term rotating migrants make the maximum transfers maximum transfers to home development BUT: majority of migrants not this type! Böhnung admits problems with empirical evidence (plus: focus on contribution to origin countries only) exposure to high levels of expoitation undermines of capacity to contribute to D What about those migrants‘ own development („here“ and „there“)? → gender issues (esp. socio-cultural „push“ factors) → high migration costs

9 Seers → to Sen → to UNDP poor economic opportunities „ Development requires the removal of major sources of unfreedom: poverty as well as tyranny, poor economic opportunities as well as systematic social deprivation, neglect of public facilities as well as intolerance or overactivity of repressive states“ (Sen, 1999:3) What tends to be underplayed is the role of migration in the development of destination countries ……… Whose & What Development?

10 What Rights? the most vulnerable Rights appear in context of „the most vulnerable“: victims of trafficking children (esp. unaccompanied) humanitarian assistance or in context of humanitarian assistance („protection“) asylum seekers But not in context of abusive practices at the workplace!!!! → No mention of labour inspections, workplace monitoring! → No mention of anti-discrimination policies/legislation! → No mention of ILO Conventions or core labour standards!

11 –institutionalised forms of worker recruitment (Gulf, S-E Asia, South Africa) bilateral agreements, MoUs, regional mobility regimes temporary, employer-tied contract migration no or little access to social and welfare rights for majority –re-regulation of occupations (Guy Standing) in Europe, away from guild structure to state mechanisms of licensing in migration-development context: circular migration –lack of governance capacity + an expanding informal economy = high levels of corruption, exploitation, and thus, a significant human rights deficit sub-regional and country-specific variations of course! Implications for world of work Dr. Nicola Piper

12 –origin countries: policy focus on remittances and brain drain/gain recruitment –destination countries : integration not subject to policy everywhere (nor re-integration in origin countries) regularisation – but not panacea for all problems! expansion of informal, non-standard work certain sectors larger in the South than in the North –e.g. domestic work National Policies/Issue Areas Dr. Nicola Piper

13 The Migrant Experience The Global Migrant subjected to…. → modern forms of slavery/forced labour/ economic “displacement” (un-/underemployment, non-payment or underpayment of wages etc.) → discrimination/downgrading (brain waste, deskilling, non-recognition of qualifications) → securitisation/ criminalisation (“illegalisation”) → social costs (transnationally split families, marital break-up, children left behind etc.) due to rights deficit in current policy making due to rights deficit in current policy making

14 Counter-arguments by civil society

15 …….for advancing the rights of migrants regional human rights bodies/commissions e.g. Inter-American Human Rights system → regional special rapporteurship → ground breaking ruling by IAHRC in 2002 asserting that “all migrants, undocumented and documented alike, are covered by the principles of equality and equal protection” “labour rights arise from the circumstances of being a worker, understood in the broadest sense” Regional mechanisms….

16 Regional mechanisms Economic integration through free circulation of resources, capital, good, services, technology and people today in at least ten regional economic integration processes involving more than 110 countries (of 193 UN member states): EU, Andean Pact, ASEAN, CARICOM, CIS, COMESA, EAC, ECOWAS, MERCOSUR, SADC

17 Concluding Remarks Dr. Nicola Piper Core of DMR Nexus Core of DMR Nexus : Mobility rights (freedom of movement) Right to work Rights in work

18 „The Civil Right We are not Ready for: The Right of Free Movement of People“ in 1971 → title of article by Roger Nett published in 1971 he wrote that, at some point in the future „…it may well be discovered that the right to free and open movement of people on the surface of the earth is fundamental to the structure of human opportunity“ (p. 218) → picked up by UNDP in its 2009 report on Overcoming Barriers – Human Mobility and Development Mobility Rights

19 Right to Work/Rights in Work Importance of DECENT WORK ( Importance of DECENT WORK („here“ and „there“) Conceptually: Transnational Precariat „Transnational Precariat“ (Nancy Fraser) Transnational Class „Transnational Class“ (Sklair) In terms of normative framework for policy: ground breaking ruling by Inter-American Court of HR new ILO Convention no. 189 on Decent Work for Domestic Workers → beyond North and South divide? → post-migration paradigm?

20 Main challenge, hint at a solution… Global Job/Employment Crisis tackling of un- and underemployment Institutional capacity building not only via focus on state institutions but also civil society = important role of labour movement → bottom-up push

21 Hint at solutions Hint at solutions..... Global Level: strengthening and support of the ILO e.g. via ratification of ILO Convention no. 189 lobbying for broader ILO membership on worker side (beyond traditional unions) Regional/National Level : adherence and promotion of core labour standards improvement /implementation of labour law/labour standards inclusion of social clauses into regional charters inclusion of social clauses into BLAs

22 Thank you for your attention !


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