Fill and Sign the Rose College Transcript Request Form

Organization for Security and Co-operation in Europe Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and Destination The materials in this publication are for information purposes only. While the OSCE, IOM and ILO endeavour to ensure the accuracy and completeness of the contents of this publication, the views, findings, interpretations and conclusions expressed herein are those of the authors and contributors and do not necessarily reflect the official position of the OSCE and its participating States and the IOM and ILO and their Member States. The OSCE, IOM and ILO do not accept any liability for any loss which may arise from the reliance on information contained in this publication. ISBN-978-92-9068-296-7 © 2006 Organization for Security and Co-operation in Europe (OSCE); www.osce.org International Organization for Migration (IOM); www.iom.int International Labour Office (ILO); www.ilo.org All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publishers. All photos used in the publication are copyrighted and remain the full property of IOM, ILO and OSCE. Press and Public Information Section International Organization ILO Department of Communication OSCE Secreteriat for Migration (IOM) and Public Information Kärntner Ring 5-7 17, Route des Morillons CH-1211 Geneva 22 A-1010 Vienna, Austria CH-1211 Geneva 19 - Switzerland Switzerland Tel.: +43 1 514 36 180 Tel: +41/22/717 9111 Tel: +4122/799-7912 info@osce.org info@iom.int www.ilo.org/communication Design and Typesetting: red hot ’n’ cool, Vienna Art Director: Damir Krizmanic Organization for Security and Co-operation in Europe Nilim Baruah (Head, Labour Migration Division, IOM) Ryszard Cholewinski (Labour Migration Specialist, IOM) With contributions from Nina Lindroos-Kopolo (Associate Programme Officer and OSCE Project Manager, Office of the Co-ordinator of Economic and Environmental Activities) Tomas Achacoso (Former Administrator of the Philippines Overseas Employment Administration) Beate Andrees (Special Action Programme to Combat Forced Labour, ILO) Lisa Cowan (Migration Policy, Research and Communications, IOM Geneva) Luc Demaret (Bureau of Workers’ Activities (ACTRAV), ILO) Ellen Hansen (In Focus Programme on Skills (IFP/SKILLS), ILO) Ursula Kulke (Social Security Department (SECSOC), ILO) Katerine Landuyt (International Labour Standards Department (NORMES), ILO) June Lee (Labour Migration Division, IOM Geneva) José Luis Daza Perez (Social Dialogue Department (IFP/Social Dialogue), ILO) Gloria Moreno Fontes Charmmartin (International Migration Programme, MIGRANT, ILO) Sophie Nonnenmacher (Migration Policy, Research and Communications, IOM Geneva) Anna Rubtsova (IOM Moscow) Jason Schachter (Statistical Department (STAT), ILO) Edita Tan (Professor Emeritus, School of Economics, University of the Philippines, Manila) Patrick Taran (International Migration Programme, MIGRANT, ILO) Galina Vitkovskaya (IOM Moscow) Foreword We are pleased to present this first international Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and of Destination, jointly produced by the Organization for Security and Co-operation in Europe (OSCE), International Organization for Migration (IOM) and the International Labour Office (ILO). Our organizations recognize that migration has become one of the most visible and critical concerns in ensuring security, stability and economic progress, national welfare and social cohesion for our participating countries. Recognizing that a comprehensive approach is essential to enhance the positive impact of labour migration, IOM and ILO joined the OSCE to prepare this unique and timely resource by combining our respective and complementary competencies. The aim of the Handbook is to assist States in their efforts to develop new policy approaches, solutions, and practical measures for better management of labour migration in countries of origin and of destination. It has been prepared primarily for use by decision-makers and practitioners in the OSCE area and countries served by IOM and ILO. It analyses effective policies and practices and draws upon examples from OSCE participating States as well as other countries that have considerable experience in this field. Some 90 million or about half of the world’s migrants live in the OSCE area. The majority has left their countries in search of employment, often leaving situations where decent work is simply unavailable or where social, economic and political conditions have seriously deteriorated. Patterns of migration are increasingly complex, with temporary and circular migration as well as permanent migration reflecting an emerging paradigm of international labour mobility. Migration remains a natural and inevitable phenomenon, but the path to orderly labour migration is not an easy one. Abuse and exploitation, irregular movements, xenophobia, lack of integration, and erosion of standards and stability are amongst its hazards, along with trafficking in persons, smuggling of migrants and corruption. – iv – Foreword Migration through cross-border or trans-national flows can effectively be managed only by way of international cooperation. The development of fair and sustainable labour migration policies and practices requires dialogue amongst governments at all levels and has to include other key stakeholders, namely social partners (employers and trade unions) and civil society organizations. The OSCE participating States have long expressed concern with the need to better manage migration: migration and integration were the thematic focus of the OSCE Slovenian Chairmanship in 2005 which placed migration firmly on the OSCE agenda of political priorities, reflecting the crucial role of regional organizations in addressing migration in the context of security and stability. Over the last few years, evolving but not necessarily coherent national responses have been complemented by intergovernmental dialogue and recommendations on migration. Important recent contributions include the IOM’s International Dialogue on Migration as well as the Berne Initiative and the ensuing International Agenda for Migration Management; the report of the Global Commission on International Migration feeding into the United Nations General Assembly High Level Dialogue on Migration and Development in September 2006; and the new ILO Multilateral Framework on Labour Migration deriving from the 92nd Session of the International Labour Conference of 2004. The 13th OSCE Economic Forum, held in Prague, Czech Republic from 23 to 27 May 2005, provided the impetus for the joint OSCE, IOM and ILO initiative to produce a Handbook on Establishing Effective Labour Migration Policies in Countries of Origin and of Destination. The European Union has achieved an impressive legal, policy and practical acquis in the area of migration while the Council of Europe has developed broad policy guidance and cooperation among its wider membership. Marc Perrin de Brichambaut OSCE Secretary General While directed particularly towards concerned governments, we expect that this Handbook will also be useful to social partners, the media, non-governmental organizations and academia. Furthermore, we hope that the Handbook will inspire further dialogue and cooperation among national authorities and other stakeholders, and stimulate the exchange of information and good practice among States in the OSCE area and beyond. Brunson McKinley IOM Director General –v– Juan Somavia ILO Director General Acknowledgements The authors wish to thank the following individuals who contributed to the development of this Handbook by offering input during the document’s formulation or providing comments on earlier drafts. Beatrix Attinger-Colijn (Senior Adviser on Gender Issues, OSCE Secretariat) Kestutis Bucinskas (Head of Migration/Freedom of Movement Unit, Office for Democratic Institutions and Human Rights (ODIHR)) Anelise Gomes de Araujo (Adviser, Anti-Trafficking Assistance Unit, OSCE Secretariat) Andreas Halbach (Head of Mission, IOM Vienna) Blažka Kepic (Counsellor, Permanent Mission of the Republic of Slovenia to the OSCE) Michele Klein Solomon (Acting Director, Migration Policy, Research and Communications, IOM Geneva) Shivaun Scanlan (Senior Adviser on Anti-trafficking Issues, ODIHR) Katy Thompson (Gender Officer, Gender Issues, OSCE Secretariat) Nadzeya Zhukava (Migration/Freedom of Movement Officer, ODIHR) The authors also wish to thank Caroline Mackenzie for editing of the Handbook. The project received financial support from the following delegations to the OSCE: Austria, Luxembourg, Netherlands, Slovenia, and United Kingdom as well as from the OSCE, IOM, and ILO. Nilim Baruah Ryszard Cholewinski – vi – Table of Contents iv vi xi xiii Foreword Acknowledgements List of Textboxes List of Tables and Figures 1 11 Executive Summary Introduction 25 I. International Legal Framework for the Protection of Migrant Workers 12 14 18 18 18 19 19 20 23 25 27 27 28 29 29 31 35 35 35 36 36 37 37 39 40 40 40 1 Background 2 Why a Handbook on Labour Migration? 3 Labour Migration Trends and Characteristics 3.1 Trends in labour migration 3.2 Driving Forces 3.3 Types of flow 3.4 Feminization of Labour Migration 4 The OSCE Region 5. Regulation of Migration: The Need for a Deliberate Policy Approach I.1 International Human Rights Law I.2 The ILO and UN Conventions concerning Migrant Workers: Complementary Set of Standards I.2.1 ILO conventions I.2.2 UN International Convention on the Rights of Migrant Workers (ICRMW) I.2.3 Protection of the rights of irregular migrants I.3 Other ILO Instruments relevant to Migrant Workers I.4 Regional Instruments II. Issues underlying Policy Responses in Countries of Origin and Destination II.1. Countries of Origin II.1.1 Protection of migrant workers and support services II.1.2 Optimizing the benefits of organized labour migration II.1.3 Institutional capacity building, inter-ministerial coordination and inter-state cooperation II.2. Destination Countries II.2.1 Detecting, assessing and predicting shortages of labour II.2.2 Demographic factors II.2.3 Rights of migrant workers II.2.4 Managing irregular migration II.2.5 Attitude of the host population – vii – 43 43 44 44 45 48 49 50 50 51 51 51 52 53 53 56 58 61 63 63 65 69 69 70 71 71 71 73 73 77 77 77 80 80 81 83 84 84 85 87 87 87 87 88 88 88 88 III. Developing Policies in Countries of Origin to Protect Migrant Workers III.1 Policy Strategies III.2 Regulation of Private Employment Agencies III.2.1 International standards III.2.2 Registration and licensing III.2.3 Monitoring and enforcing regulation of PEAs III.2.4 Fees and documents required from potential migrants III.2.5 Performance-based incentives and sanctions III.2.6 Self-regulation III.2.7 Involvement of public employment agencies III.3 Procedures for Departure III.3.1. Employment contracts III.3.2 Emigration clearance III.4 Support Services III.4.1 Information dissemination III.4.2 Migrant Welfare Funds III.4.3 Government assistance in destination countries through labour attachés III.5 Inter-state Cooperation IV. Developing Policies in Countries of Origin to Optimize the Benefits of Organized Labour Migration IV.1. Importance of Marketing IV.1.1 The marketing development process / developing an international labour migration marketing cycle IV.1.2 Market research IV.1.3 Role of the private sector IV.2 Information Dissemination IV.3 Bilateral and Regional Labour Agreements IV.4 Migrant Remittances IV.4.1 Role of remittances in national economies IV.4.2 Data collection IV.4.3 Remittance services IV.5 Enhancing the Impact of Remittances on Development IV.5.1 Recipients’ strategies for remittances IV.5.2 Leveraging remittances IV.6 Education, Training and Skills Development IV.6.1 Developing education/training programmes IV.7 Emigration of Skilled Human Resources V. Administration of Labour Migration V.1 Establishing the Policy-making Team V.1.1 Sharing the overseas employment programme burden V.1.2 Designated autonomous body V.2 Crafting the Policy V.2.1 Consistency with the National Development Plan V.2.2 Comprehensiveness V.2.3 Protection of migrant workers V.2.4 Fairness and transparency V.2.5 Effectiveness and efficiency V.2.6 Gender sensitivity V.2.7 Sample policy and procedural interventions – viii – 90 93 95 95 96 99 100 101 101 103 104 105 107 109 112 113 113 115 116 124 125 133 133 134 135 137 138 140 141 141 144 144 146 149 151 151 151 153 153 154 154 156 156 157 V.3 Institutional Mission and Vision Statements V.4 Monitoring and Evaluating Performance V.5 Data Collection V.5.1 Terms and definitions V.5.2 Data sources VI. Foreign Labour Admission Policies VI.1 Permanent versus Temporary Migration VI.2 Assessing Foreign Labour Demand VI.2.1 Quotas and ceilings VI.2.2 Labour market test VI.3. Admission Policies: Employment-based Immigration VI.3.1 Canada VI.3.2 United States VI.3.3 Czech Republic VI.3.4 United Kingdom VI.4 Admission Policies: Temporary Labour Migration VI.4.1 The work permit system: general characteristics VI.4.2 Critique of the work permit system VI.4.3 Forms of temporary labour migration VI.4.4 Policy issues VI.4.5 Making temporary labour migration programmes feasible VII. Post-Admission Policies: Rights of Migrant Workers VII.1 Labour Market Regulation VII.1.1 Access to employment VII.1.2 Involuntary job changes VII.1.3 Brain waste and lack of recognition of diplomas VII.2 Protection in the Employment Context VII.2.1 Terms and conditions of employment VII.2.2 Vocational training, language and integration courses VII.2.3 Trade union rights VII.3. acilitating Social Cohesion F VII.3.1 Addressing discrimination VII.3.2 Integration VII.3.3 Family reunification VII.4 Enhancing Social Welfare VII.4.1 Health care VII.4.2 Housing VII.4.3 Education VII.5. ocial Security S VII.5.1 Restrictions to migrant workers’ social security rights VII.5.2 ILO standards for the protection of migrant workers’ social security rights VII.5.3 Social security standards and irregular migrant workers VII.5.4 Social security protection through social security agreements VII.5.5  Unilateral measures for the protection of migrant workers’ social security rights – ix – 161 161 162 163 164 VIII. Measures to Prevent or Reduce Irregular Labour Migration 165 166 168 VIII.1 VIII.2 VIII.3 VIII.4 168 170 173 174 174 177 177 177 183 184 188 190 191 192 195 195 197 197 200 The Need to Prevent or Reduce Irregular Labour Migration Who are the Irregular Migrants? Response of the International Community The Need for a Comprehensive Approach VIII.4.1 Activities in countries of origin VIII.4.2 Border controls and visa policy VIII.4.3  Actions against those who facilitate irregular migration: addressing illegal recruitment, trafficking and smuggling, and employer sanctions VIII.4.4 Protection VIII.4.5 Regularization VIII.4.6 Return VIII.4.7 Opening up more legal channels for labour migration VIII.4.8 Inter-state cooperation IX. Inter-State Cooperation IX.1 Formal Mechanisms IX.1.1 Bilateral labour agreements IX.1.2 Regional integration and regional agreements: overview IX.1.3 Regional integration: European Union IX.1.4 Regional integration: North American Free Trade Agreement IX.1.5 Regional integration: Commonwealth of Independent States IX.1.6 Regional agreements and inter-state cooperation IX.1.7 Global level agreements IX.2 Less Formal and Consultative Mechanisms IX.2.1 Regional consultative processes IX.2.2 Other informal meetings IX.2.3 Global initiatives IX.3 Concluding Remarks 205 X. Conclusion 209 209 215 216 218 220 222 224 Annexes 225 Annex 1: Activities of OSCE, ILO and IOM on Labour Migration Annex 2: Environmentally Induced Migration Annex 3:  Sample Employment Contract, Philippine Overseas Employment Administration Annex 4: Inter-Agency Coordination and Cooperation in the Philippines Annex 5: Databases Annex 6: Bilateral Labour Agreement between the Russian Federation and Tajikistan Annex 7: Outline of Pre-departure Orientation and Language Training Organized by IOM for Labour Migrants to Italy Annex 8: Agreement between the Kingdom of Spain and the Republic of Ecuador for the Regulation and Control of Migratory Flows 231 Bibliography 248 List of Abbreviations –– List of Textboxes 15 16 20 21 30 39 39 50 54 75 78 78 86 91 102 102 104 104 108 110 111 112 114 115 117 117 118 120 121 123 124 125 127 128 Textbox 1:  Final Act of the Conference on Security and Cooperation in Europe – Helsinki 1975 Textbox 2: 13th OSCE Ministerial Council Decision No. 2/05 Migration Textbox 3: Women Migrant Workers and the Need for Gender Sensitive Policies Textbox 4: Labour Migration to the Russian Federation Textbox I.1: Principal ILO Conventions relevant to Migrant Workers Textbox II.1: The Demographic Deficit Textbox II.2: Demographic Decline and Migration in the Russian Federation Textbox III.1:  Recruitment Agencies in the Russian Federation - Steps towards Self-Regulation Textbox III.2 Information Resource Centre for Labour Migrants in Tajikistan Textbox IV.1: Anelik Bank Ltd. Textbox IV.2: Pilot Project on Enhancing the Development Impact of Remittances Textbox IV.3: Albania – Action Plan on Remittances Textbox V.1:  Institutions Dealing with Labour Migration – State Migration Service of Tajikistan Textbox V.2: Learning from the POEA Process Textbox VI.1: The Quota Systems in Italy and Spain Textbox VI.2: Labour Migration Quota in Kazakhstan Textbox VI.3: The EU Preference Principle Textbox VI.4: Permanent Labour Migration Opportunities in Germany Textbox VI.5:  The Employment-based Immigration Preference System in the United States Textbox VI.6: Pilot Project for Permanent Labour Migration in the Czech Republic – Points Criteria Textbox VI.7: A Points-Based Migration System for the United Kingdom Textbox VI.8: UK Highly Skilled Migrants Programme Textbox VI.9: The Ordinary Work Permit Scheme in the UK Textbox VI.10: The Irish Work Permit System as an Obstacle to Migrant Workers’ Access to Dispute-Resolution Mechanisms Textbox VI.11 Seasonal Migrant Workers in Germany Textbox VI.12: Seasonal Agricultural Employment in Europe Textbox VI.13: Seasonal Agricultural Workers Project: Guatemala-Canada Textbox VI.14: UK Sectors Based Scheme (SBS) Textbox VI.15: The Training and Work Experience Work Permit in the UK Textbox VI.16: Canada’s Live-in Caregiver Programme Textbox VI.17:  Circular Labour Migration and Co-development Textbox VI.18:  Temporary Foreign Worker Programmes (TFWPs) and Past Policy Failures Textbox VI.19: Sponsorship under the Proposed New Points-Based System for Migration into the UK Textbox VI.20: International Standards relating to the Protection of Temporary Migrant Workers – xi – 136 138 139 143 145 147 148 149 154 155 158 164 165 167 167 170 171 172 173 175 179 183 184 186 187 193 194 196 198 Textbox VII.1: International Law and Access to the Labour Market for Migrant Workers in the Country of Employment Textbox VII.2: Recognition of Qualifications Textbox VII.3: International Standards Protecting Migrant Workers concerning Terms and Conditions of Employment Textbox VII.4: The Role of Trade Unions Textbox VII.5: The Principle of Non-discrimination at the International, Regional and National Level Textbox VII.6: Common Basic Principles for Immigrant Integration Policy in the European Union Textbox VII.7: Information and Resource Centre for Migrants in Portugal Textbox VII.8: Council Directive 2003/86/EC on the right to family reunification Textbox VII.9: Specific ILO Standards Protecting the Rights of Migrant Workers to Social Security Textbox VII.10: The Situation and Some Best Practices Regarding Social Security Rights of Irregular Migrant Workers Textbox VII.11: Unilateral Measures by Countries of Origin Protecting the Social Security Rights of their Nationals Working Abroad Textbox VIII.1: The Informal Economy in the Russian Federation Textbox VIII.2: ILO Activity to Prevent and Reduce Trafficking in Women Textbox VIII.3: The Development of the Regulatory Framework for PEAS in Ireland Textbox VIII.4: The UK Gangmaster Licensing Authority (GLA) Textbox VIII.5: Recent Regularization Measures in Southern European Countries Textbox VIII.6: Pilot Regularization of Illegally Employed Migrant Workers who had entered the Territory of the Russian Federation on a Visa-free Basis (September – December 2005) Textbox VIII.7: Regularization – The Right to Earned Adjustment Textbox VIII.8: Proposed Directive on common standards and procedures for returning illegal residents Textbox VIII.9: EU-Russian Federation Agreement on Visa Facilitation Textbox IX.1: 24 Basic Elements of a Bilateral Labour Agreement Textbox IX.2: IOM Assistance in the Implementation of Bilateral Labour Arrangements Textbox IX.3: Regional Integration and Free Movement in South America: the Andean Community and MERCOSUR Textbox IX.4: EU Accession Treaty Transitional Arrangements concerning Free Movement of Workers Textbox IX.5: European Commission’s Policy Plan on Legal Migration (December 2005) Textbox IX.6: ILO Instruments and International Cooperation on Labour Migration Textbox IX.7: WTO Hong Kong Ministerial Conference, December 2005 Textbox IX.8: Ministerial Consultations on Overseas Employment for Countries of Origin in Asia: The Colombo Process Textbox IX.9: International Agenda for Migration Management, Chapter 5 – Labour Migration – xii – List of Tables and Figures 19 93 Table 1:  Table III.1: Table III.2: Table III.3: Table III.4: Table IV.1: Table V.1: Table V.2: Table V.3: Percentage of Female Migrants among the Total number of International Migrants, by major area, 1960-2000 Standards and Requirements for Licensing Recruitment Agencies Licensing Requirements in Pakistan and the Philippines Complaint Procedures Fees charged to Migrant Workers by PEAs in India Economic Benefits and Costs of Remittances to a Receiving Country Bills and Resolutions on Labour Migration filed at the Philippine Congress, 1987-1991 Government Functions and Services Provided by Overseas Employment Programmes, Selected Labour-Sending Countries Monitoring Performance Indicators 66 90 Figure IV.1: Figure V.1: Government-led Market Development Process Matrix Policy, Mission and Vision Framework 47 48 49 49 72 86 89 – xiii –