Temporary Labour Migration for Victims of Natural Disasters: The Case of Colombia Nicole de Moor IUCN’s Academy of Environmental Law Eight Annual Colloquium on “Linkages between Biodiversity and Climate Change” September 2010, Ghent University

I.Migration for Development and Adaptation II.Temporary and Circular Labour Migration (TCLM) A. Origin of the TCLM project B. Beneficiaries C. Win-Win-Win outcome D. Legal framework E. Criticism on temporary and circular migration F. Replicability of the TCLM programme Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law

I. Migration for Development and Adaptation → Migration as a tool for development country of origin: remittances country of destination: labour market → Migration as an adaptation strategy prevention of forced displacement in own region alternative for permanent and urban migration enables migration for the most vulnerable reduces vulnerability for environmental disruptions Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law II. Temporary and Circular Labour Migration Programme (TCLM) A. Origin of the TCLM project B. Beneficiaries C. Win-Win-Win outcome D. Legal framework E. Criticism on temporary and circular migration F. Replicability of the TCLM programme

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law A. Origin of the TCLM project Lack of seasonal labour forces in Spain Unión de Pagesos (agricultural trade union) : seasonal labour migration project (2001) !!! focus on co-development !!!

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law B. Beneficiaries Vulnerable communities → Communities at high risk of natural disasters: Eruption of the Galeras volcano (2006) Extension to rural communities

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law C. Win-Win-Win outcome 1.Country of destination: Spain Demand for low-skilled labour Management of (seasonal) labour migration 2.Migrants Livelihood alternative Financial and social remittances Increase resilience Alternative to forced/permanent/urban migration 3.Country of origin: Colombia

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law C. Win-Win-Win outcome 1.Country of destination: Spain 2.Migrants 3.Country of origin: Colombia Land can recover Generate development → More time is needed… → More support is needed…

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law D. Legal Framework Bilateral agreement between Spain and Colombia Spanish migration law: Organic Law on rights and freedoms of foreigners  quota of migrant workers  Seasonal workers: bilateral agreements  list of sectors for seasonal migration  maximum period of 9 months within 12 months  recruitment in the country of origin  return at the end of working period  flexibility

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law E. Criticism on temporary and circular migration Lack of legal protection → information + assistance Risk of circumvention → visa for period of 9 months → after compliance for 2 years: exception to labour market test → information on consequences of irregular stay → community involvement → chance to be re-invited Social and psychological impact for migrants and families → support

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law F. Replicability of the TCLM programme Political, economic and institutional context Political support for migration, development and adaptation Need for labour forces Policy towards irregular migration

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law F. Replicability of the TCLM programme Political, economic and institutional context Legal Framework Possibility for (seasonal) labour migration Limitations to certain nationalities, sectors, jobs,… Incentives for circularity Flexibility Efficiency of the procedure

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law CONCLUSION Environmental migrants as agents for development Replication: flexible legislation migration policy linked to development and adaptation Limitations: not permanently uninhabitable context-based limited amount of beneficiaries Coherent approach: linking policies on migration, development and adaptation

Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010 Faculty of Law – Department of Public International Law Thank you for your attention