Linking Migrant Workers’ Priorities with ILO’s Decent Work Agenda A105067 ACTRAV/ITC-ILO Course Trade Union Training on Capacity Building for Promoting Decent Work ITCILO, Turin, Italy 8 – 19 October 2012 Linking Migrant Workers’ Priorities with ILO’s Decent Work Agenda

Outline of the Presentation Main Migration Trends & Characteristics Migration and the World of Work Migrant Workers’ Priorities The ILO’s Mandate The Rights-based Approach Sources of ILO Approach: - Standards - Social Dialogue and Tripartism - Decent Work Agenda Plan of Action for Migrant Workers 2004 Migrants and Human Rights ILO Multilateral Framework on Labour Migration 2006 Problems Facing Trade Unions The Task for Trade Unions

Main Migration Trends & Characteristics Age of Mobility: “ We live in an age of mobility, a time when more people are on the move than at any other time in human history” Ban Ki-Moon UN Secretary-General

Continues… 214 million international migrants globally (Population Division UN-DESA, 2010) * Approximately 3.1% of the world’s population. ‘South-South’ migration represents almost the same proportion as ‘South-North’ migration (i.e. one-third). Significant irregular migration in various parts of the world: - 10-15% of migrant population globally (Hatton & Williamson, 2002) - 1.9 – 3.8 million in EU-27 in 2008 (Clandestino project, 2007-09) - 10.75 million in USA (DHS, 2010)

Migration and the World of Work Estimated 105 million migrant workers worldwide (ILO, 2010). * Figure is higher if dependants are included with result that over 90% of all international migrants are bound up with the World of Work. Feminization of migration: - Almost half (49%) are women - More women migrating for the purpose of work on their own account (rather than as family members) Labour migration is inevitable (and not undesirable) part of human development. More attention should be focused on making it work for countries of origin, destination and migrant themselves. Economic impact - Remittances in 2011 to developing countries estimated at USD 372 billion (World Bank)

Continues… The Global Economic Crisis increased the vulnerability of migrant workers: - Many countries tightened restrictions on migration, and adopted stronger measures to combat irregular migration. Such measures can increase the risk of exploitation and abuse. They may also reinforce the impression that migrants are partly to blame for the effects of the crisis, fuelling anti-immigration and xenophobic attitudes. Both OECD and developing countries need to act to put human and labour rights at the heart of migration policy.

Migrant Workers’ Priorities Protection of human and labour rights of migrant workers Protection of migrant workers against abuses & malpractices Xenophobia and racial harassment High work uncertainty: poor working conditions, low wages, work permit, job insecurity, temporary jobs, etc. Administration and management of migration flows Bilateral and regional consultations and agreements Role of social partners in migration issues Control of trafficking of women and children Information campaigns and orientation Family reunification

Message from the UN Secretary General “Only through cooperation - bilateral, regional, and global – can we build the partnerships between receiver and sender countries that are in the interests of both; explore innovations to make migration a driver of development; fight smugglers and traffickers effectively; and agree on common standards for the treatment of immigrants and the management of migration” Ban Ki-Moon Secretary General of the United Nations

The ILO’s Mandate Promote opportunities for men & women to obtain decent and productive work, in conditions of freedom, equality, security and human dignity, which is summed up by the expression “Decent Work as a global goal.” The ILO is the only UN agency with a constitutional mandate for the protection of migrant workers. The ILO views migration as a labour market and decent work issue within the overarching framework of the Decent Work for All agenda.

Continues… The preamble of the ILO constitution calls for the protection of the interests of migrant workers. The ILO has pioneered development of international instruments for the governance of labour migration and protection of migrant workers since its formative years. The ILO’s 2nd Recommendation, adopted in 1919, was about migrant workers. The Declaration of Philadelphia (1944), Declaration on FPRW (1998), SJD (2008) and GJP (2009) demonstrate the continuing concern with migrant workers.

Continues… Two key ILO Conventions No. 97 (1949) and 143 (1975) and ILO Multilateral Framework on Labour Migration deal specifically with the protection of migrant workers. The ILO’s fight against inequalities, poverty, decent work deficits through the promotion of DWA is an important contribution to reducing migration pressures and ensuring that when labour migration occurs, it is out of choice and not for mere survival. The ILO provides assistance to countries in the rights-based management of labour migration. The ILO has assisted the development, improvement and adoption of national labour migration policies in many countries.

Decent Work is for All, including Migrant Workers «… gain from migration and protection of migrant rights are indeed inseperable. Migrant workers can make their best contribution to economic and social development in host and source countries when they enjoy decent working conditions, and when their fundamental human and labour rights are respected» Mr. Juan Somavia Former Director General of the ILO Decent Work is for All, including Migrant Workers Decent Work agenda promotes a Rights-based approach

Rights-based Approach The ILO’s rights-based policy on migration is based on the following: Tripartism e.g. in the formulation of migration policies at all levels. Cooperation among tripartite partners in both countries of origin and destination. Respect for migrant workers’ rights to equal treatment to forestall undue pressure on existing wages & conditions. Legal avenues offered to potential migrant workers, acknowledging existing labour market needs as a strategy for reducing irregular migration and trafficking.

Sources of ILO Approach: Standards ILS apply to all migrant workers unless otherwise stated: - Eight ILO fundamental rights Conventions: abolition of forced labour, elimination of child labour, trade union rights, and non- discrimination and equality in employment and occupation; - Standards with specific provisions on migrant workers – e.g. Domestic Workers’ Convention, 2011 (No. 189), social security, - Standards of general application (e.g. labour inspection) - Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers’ (Supplementary Provisions Convention, 1975 (No. 143) * Accompanying Recommendations Nos. 86 and 151 ILO Multilateral Framework on Labour Migration (see below)

Sources of ILO Approach: Social Dialogue and Tripartism ILO is unique because of its tripartite governance system where workers’ and employers’ organisations have decision-making power along with governments. As a result, the decisions taken are more likely to reflect the realities of the World of Work. Social dialogue and tripartism pervades all areas of ILO’s work, including on labour migration: - Social partners need to be involved in the formulation and implementation of labour migration policies at all national and local levels - Capacity building on labour migration extends to workers’ and employers’ organisations as well as Ministries of Labour

Sources of ILO Approach: Decent Work Agenda ILO action is based on FOUR strategic objectives through which the Decent Work Agenda is expressed, and which are inseparable, interrelated and mutually supportive: - Respecting, promoting and realising fundamental principles and rights at work; - Promoting employment creation; - Developing and enhancing social protection; - Promoting social dialogue and tripartism. Gender equality and non-discrimination are cross-cutting issues. This integrated approach also relates to the means ILO action e.g. application of standards, technical assistance & cooperation, and improving the knowledge base.

Plan of Action for Migrant Workers 2004 Plan of action to be carried out by ILO and its constituents in partnership with other international organisations: - Multilateral Framework on Labour Migration - Relevant action for wider application of international labour standards and other relevant instruments - Support for implementation of ILO Global Employment Agenda at national level - Capacity building, awareness raising and technical assistance - Strengthening social dialogue - Improving the information and knowledge base on global trends in labour migration, conditions of migrant workers, and effective measures to protect their rights - Follow-up of plan of action and ILO participation in relevant international initiatives in international migration

Migrants & Human Rights Number of internationally agreed rights under ILO & UN Human Rights Conventions are applicable to migrant workers. Additionally there are specific conventions aimed at protecting migrant workers rights: - ILO’s Migration for Employment Convention of 1949 (Revised) (C. 97 & R. 86) - The Migrant Workers (Supplementary Provisions) Convention of 1975 (C. 143 & R. 151) - ILO Mulitilateral Framework on Labour Migration (2006) - UN’s International Convention on the Protection of the Rights of All Migrant Workers & Members of their Families

ILO Multilateral Framework on Labour Migration 2006 ILO Plan of Action for Migrant Workers - To develop ‘a non-binding multilateral framework for a rights- based approach to labour migration, which takes account of labour market needs, proposing guidelines and principles for policies based on best practices and international standards (para 21) Multilateral Framework - Adopted by Tripartite Meeting of Experts in Non/Dec 2005 and approved for publication and dissemination by ILO Governing Body in March 2006 - Good example of tripartite international policy coordination on labour migration

Continues… Comprises international principles and guidelines – supported by a compendium of “best practices” in 9 areas: Decent Work Global Knowledge Base Effective Management of Labour Means for international cooperation on labour migration Prevention and protection against abusive migration practices Social integration and inclusion Protection of migrant workers Migration and development Migration process

Criteria of Good Labour Migration Governance Rule of law framework: Consistency with International Standards. Policy coherence. Gender sensitivity. Transparency and flexibility. Social dialogue. Evidence/data-based policies.

Problems Facing Trade Unions Difficulty of unions in labour-sending countries to offer services to migrant workers while they are abroad Lack of access to relevant information relating to migrant workers. Non-representation on decision making bodies and at meetings dealing with migrant workers. Lack of accessibility; migrants work for many different employers and in a variety of sectors; communication problems because of language and cultural barriers.

Problems Facing Trade Unions Migrant workers’ reluctance to become union members due to lack of relevant information on the role of trade unions. Migrant workers in irregular situation are not keen to contact unions for fear of detection and deportation by authorities. Lack of resources on the part of unions and limited networking. Restrictive policies and practices in receiving countries and widespread pressure from employers for migrant workers not to join trade unions. Insufficient organisational facilities, trained personnel, etc., on the part of unions.

The Task for Trade Unions Trade unions can: Get involved in the policy debate about addressing migration Campaign for ratification of the ILO C.97 and 143 and their inclusion in the DWCPs. Promote respect for ILO Multilateral Framework on Labour Migration as well as basic human and labour rights, especially those guaranteed by the ILO core Conventions. Conduct information and awareness-raising campaigns about the rights of migrant workers and their role in economic development.

Continues… Cooperate with trade unions in other countries to protect and promote the rights of migrant workers. Organise migrant workers as this the best way to protect them. Lobby authorities and other stakeholders to tackle the root causes of irregular migration flows. Negotiate for the safe return of irregular migrants in conditions of dignity. Lobby sending countries to adopt policy and pursue programmes to reduce emigration pressures.

The End! Any Questions?