Berta Fernández Migration and Development Expert

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Intra-ACP Migration Facility

Objective: improve management of South-South migration flows to enhance their positive impact on development

12 Pilot countries : West Africa (ECOWAS): Nigeria, Senegal– East Africa

(EAC): Kenya, Tanzania – Central Africa (ECCAS): Cameroon, DRC – Southern Africa (SADC): Angola, Lesotho – Pacific (PIFS): TL, PNG – Caribbean (CARICOM): Haiti, T&T

www.acpmigration.orgwww.acpmigration-obs.org

INTERNATIONAL FRAMEWORK FOR PROTECTION OF

MIGRANT WORKERS

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International legal framework (ILO C97, C143, R86, R151, UN 1990 Migrant Workers and their families, UNODC Transnational Organized Crime).

Specific instruments directly related to social security (ILO C19, C118, C157, R167).

United Nations Convention on the

Protection of the Rights of All

Migrant Workers and Members of

Their Families

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“Migrant workers often face inequality and discrimination in accessing healthcare, thus leading to reduced health outcomes.  States

should extend social and health protection to this group.    There is a need for a paradigm shift away from the market to ensure

non-discriminatory access to medicines.” 

Thematic report on the health of migrant workers Anand Grover, Special Rapporteur on the Right to Health

Human Rights Council, 27 May 2013  

Francois Crepeau, Special Rapporteur on the human rights of migrants: “It is regrettable that within the European Union policy context irregular migration was largely viewed as a security concern rather than as a human rights issue”.  During his visits he had observed that the systematic detention of irregular migrants had come to be viewed as a legitimate tool in the context of migration management.

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ARE IMMIGRANTS A BURDEN TO WELFARE

STATES?

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IT DEPENDS ON Age of arrival (young usually) Education level (higher education/job, higher pay/taxes) Workers to retirees ratio Region of origin Gender and population (reproductive years) Migration status (regular or irregular)

Social Security is in crisis: improve workforce participation, decrease employers evasion of

payments, discourage early retirement, and reform pension schemes

Nature of migration flows affects protection

levels

North-North: best position, bilateral policy

South-North: access to developed social security systems in host countries + export of pensions...as long as you are documented.

South-South: most disadvantaged – access to social protection and portability arrangements. Requires policy interventions to foster basic social rights for migrants and sensible migration policy frameworks.

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Different Policy and Reality Implications

Regional blocks & countries deal

differently Regional economic blocks with strong social

security institutions (ej. EU): Bilateral agreements and portability arrangements

Regional economic and integration areas among low or medium income countries (ej. SADC) No ideal model to enhance migrants formal social

protection. Migration IS main social protection instrument, social risk management strategy

9 Source: UNDESA 2012

Priorities in South-South migration

(1/5)I) Improve legal position of migrants to gain access to

social rights.

Basic rights (freedom of exploitation, wages paid in time, safe workplace conditions), independent of legal status.

Maximize development impact, avoid social dumping.

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Priorities in South-South migration

(2/5)

II) Develop a migration policy framework

Demand and supply driven

Circular migration schemes (regular status and access to formal social protection): seasonal or sector specific, and time limited.

Control based programs are less likely to work between low and middle-income countries.

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Priorities in South-South migration

(3/5)

III. Ensure portability of legally available benefits for migrants

Workers’ compensation benefits, severance and provident funds payments.

Benefits are legally exportable but paid as lump sum. Poor implementation of cross-border payments (exportability)

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In the region…

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Impact of CARICOM agreement is limited to 15% coverage. Implementation of CARICOM portability agreement is not effective.

Priorities in South-South migration

(4/5)

IV. Ensure access to safe and affordable remittance channels and financial sector (including financial education)

Welfare of families back home

Access to banking sector has poverty alleviation effect

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Priorities in South-South migration

(5/5)

V. Expand research on labor market conditions in receiving countries.

Do migrants displace local workers or do they serve different market segments?

Relative wellbeing as compared with country of origin

Are labor market regulations, unemploytment benefits and social assistance programs relevant for reality? Labor inspectors are enough?

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Spiritual/Compassion reasons? We are all migrants in this world… Human Rights are for All? Second class human beings…vs. We are all Equal (Empathy) To uphold hardly acquired Labor Rights? We are all workers with the right to same benefits and conditions, provided we fulfill our obligations as members of our communities Walk the talk: legitimacy of demands for OUR migrants…shared responsibility. It makes economic sense: impact on social and economic development of host countries…3 Ds