MIGRANT WORKERS MIGRANT WORKERS An important challenge in term of social protection

Not a new issue, but critical and urgent one... The expansion of globalization and the greater flow of people across national boundaries Lead to new forms of relations that require corresponding economic and social policies

Convention No. 102 Convention No Branches   Medical care   Sickness   Unemployment   Old-age   Employment injury  Maternity  Family responsibilities  Invalidity  Survivorship 3

Restrictions to migrant workers’ social security right under national legislation Faced problems with regards to social security coverage and entitlement to benefits that national workers. Social security systems are established under national legislation Social security systems are linked to periods of employment, economic activity or residence

Restrictions for Migrant Workers under National Legislation   Principle of Territoriality   Principle of Nationality   Lack of social security co-ordination (i.e. lack of bilateral or multilateral social security agreements)

Policy options and instruments 1. 1.Coordination of social security rights of migrant workers by: - Multilateral agreements - Bilateral agreements 2. 2.Protection of social security rights by unilateral measures 3. 3.Protection of individuals (e.g. private insurance)

ILO Standards for the Protection of Migrant Workers’ Social Security Rights   Equality of Treatment between Nationals and Non-Nationals   The Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) = 120 Ratifications   The Equality of Treatment (Social Security) Convention, 1962 (No. 118) = 38 Ratifications   Maintenance of Migrant Workers’ Rights   The Maintenance of Social Security Rights Convention, 1982 (No. 157) = 3 Ratifications!!!!   The Maintenance of Social Security Rights Recommendation, 1982 (No. 167)

C118 : Equality of Treatment With regard to all 9 branches of social security. Maintenance of acquired rights and the export of benefits No conditions of residence for the beneficiary Obligation for ratifying States to endeavour to negotiate in good faith conclusion of bilateral or multilateral instruments Requires States Parties to it to afford each other administrative assistance free of charge in order to facilitate the implementation of its provision and of their respective legislation

C157: Maintenance of Social Security Rights International system for maintenance of acquired rights and rights in the course of acquisition Ensure effective provision of the benefits when migrant workers return to their country of origin Provides for the conclusion of bilateral or multilateral social security agreements Recommandation 167 : model provisions for conclusion of bilateral/multilateral agreements

List of ratifications C.118 (38 ratifications) Bangladesh, Barbados, Bolivia, Brazil, Cape Verde, Central African Republic, DR of Congo, Denmark, Ecuador, Egypt, Finland, France, Germany, Guatemala, Guinea, India, Iraq, Ireland, Israel, Italy, Jordan, Kenya, Libya, Madagascar, Mauritania, Mexico, Netherlands, Norway, Pakistan, Philippines, Rwanda, Suriname, Sweden, Syrian Arab Republic, Tunisia, Turkey, Uruguay, Venezuela C.157 (3) Philippines, Spain, Sweden

Basic Principles of ILO Standards and Bilateral and Multilateral Instruments 1.Equality of Treatment Between Nationals and Non- Nationals Non-national workers should have the same conditions as national residents in terms of coverage and entitlement to benefits. 2.Determination of Applicable Legislation Social protection of migrant workers has to be governed by a single law to avoid double benefits or double obligation to pay social security contributions. Rules must be set for calculation and payment of benefits.

Basic Principles of ILO Standards and Bilateral and Multilateral Instruments 1.Equality of Treatment Between Nationals and Non- Nationals Non-national workers should have the same conditions as national residents in terms of coverage and entitlement to benefits. 2.Determination of Applicable Legislation Social protection of migrant workers has to be governed by a single law to avoid double benefits or double obligation to pay social security contributions. Rules must be set for calculation and payment of benefits.

3.Maintenance of Acquired Rights and Provision of Benefits Abroad The rights acquired in other countries should be guaranteed to the migrant workers. There should be no restriction on the payment of benefits irrespective of the place of residence of the beneficiary (export of benefits). 4.Maintenance of Rights in Course of Acquisition The contribution period served in other country should be taken into account when considering the qualifying period (principle of aggregation). 5.Reciprocity and mutual administrative assistance Facilitation of administrative arrangements through liaison bodies to ensure a smooth coordination.

Problems regarding the Conclusion and Implementation of Social Security Agreements   Social security systems of migrant sending countries are insufficiently developed   Impediment for conclusion of bilateral/multilateral agreements on « reciprocal » basis   Social security systems of migrant sending countries are different to those of migrant receiving countries   e.g. widespread use of provident fund systems   Administrative capacity is insufficient   to ensure that contributions are paid   to ensure that contributions are remitted in cost efficient way   to ascertain whether all required conditions are satisfied   to distribute periodically for several years social security benefits

Protecting Social Security Rights through Unilateral Measures   Country of Employment (Labour Receiving Country)   Equality of treatment for national and migrant workers as regards coverage of and entitlement to social security benefits;   Payment of benefits abroad   If not possible: Reimbursement of contributions   Crediting periods of insurance completed in another country for the purpose of giving immediate access to benefits   Waiving long qualifying periods in favour of migrant workers

Protecting Social Security Rights through Unilateral Measures   Country of Origin (Labour-Exporting Country)   A requirement (liability) on recruitment agencies to pay social security contribution to the national social security system for each worker recruited for employment aboard (e.g. Indonesia and Philippines)   Voluntary insurance for nationals working abroad (e.g. France, Jordan, Philippines)   Allowing electronic remittances of contributions   Possibility of covering retroactively missing insurance periods   Medical coverage for family members who are left behind and for retired returning migrant workers   Government-sponsored Foundations

Social Security Rights of Irregular Migrant Workers   Relevant ILO social security standards are silent regarding the protection of irregular migrant workers   Exception: Article 9(1) of the ILO Migrant Workers (Suplementary Provisions) Convention, 1975 (No. 143), which stipulates that irregular migrant workers shall have the same rights as regular migrant workers concerning social security rights arising out of past employment   Ratifications: 18

But Migrant workers can also… Organize at community level/ diasporas + setting up of Health Micro Insurance schemes (example : operation « parrainage santé » through sponsorship/remittances- ECOLABS Programme Association – West Africa and Migrant workers in Ghana working in pineapple exports ) Join a voluntary insurance scheme Subscribe to complementary pension scheme (ex France the CRE – Caisse de retraite des expatriés) !!! Importance of remittances : important proof of capacity of contribution!!!

REMITTANCES – Some figures in 2005… Countries Total million –US$ (thousands) %GDP Kazakhstan Nigeria India Philippines Pakistan Kyrgyzstan Uzbekistan.... Sudan Tajikistan Sri Lanka Turkmenistan.... Haiti Source: United Nations-Departement of Economic and Social Affairs-Population Division-

How are remittances used?

Remittances as a solution? For migrant workers regular as well as irregular For the family staying behind : long –term investment Importance of Remittances = capacity of contribution and capacity of saving

ILO’s Approach for the Way Forward…   ILO Tripartite Meeting of Experts adopted in 2005 “The ILO Multilateral Framework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration”, which lays down:   “(9.9.) entering into bilateral, regional or multilateral agreements to provide social security coverage and benefits, as well as portability of SS entitlements, to regular migrant workers and, as appropriate, to migrant workers in irregular situation”   (“9.10.) adopting measures to ensure that migrant workers and accompanying family members are provided with health care and, at a minimum, with access to emergency medical care, and that regular migrant workers and accompanying family members receive the same treatment as nationals with regard to the provision of medical care”

WHY WE SHOULD NOT UNDER ESTIMATE THE ISSUE IMPORTANCE OF REMITTANCES IN THE ECOMOMY OF SOME COUNTRIES WITHOUT COORDINATION BETWEEN COUNTRY OF ORIGIN AND COUNTRY OF DESTINATION : MIGRANT WORKERS AND THEIR FAMILY COULD FALL INTO POVERTY.

Thank you for your attention!