Regional Seminar on Integration Policies for Immigrants, Refugees, and Returned Migrants The Cooperation of ILO in Labour Migration San José, Costa Rica, February 23, 2012

CONTEXT 2 ILO estimates that of the total number of 214 million persons living outside their country of origin, 105 million persons are economically active. 1 out of every 6 homes in Central America has been affected by international migration of at least one of its members. Intraregional migration is significant: 85% of the immigrants in Mexico and Central America come from within the region. A significant demand exists for labour with limited skills or relatively limited skills.

CONTEXT  The deficit of decent employment for migrant populations is higher than for national citizens and is linked to migration status.  Migration flows have an impact on the economic and social development and the development of the labour market in countries of origin and destination.  The magnitude of migrant populations – regular and irregular – creates political pressure and pressure in terms of access to social services. 3

Experiences of regulating migration flows exist, but a lack of synergies with employers and unions to advance in developing policies on labour migration is also observed. Objective, updated, and relevant information sources are required for decision-making and awareness- raising. Labour inspection is unable to address violations to the labour rights of migrants. 4 CONTEXT

The Role of ILO ILO is involved in protection of the rights of migrant workers since its inception, more than 90 ago. Regulations have been developed and actions have been implemented to ensure the basic rights and dignity of migrants and to protect them against any type of discrimination in the workplace. An essential part of the objectives of the Organization, as expressed in agreements and programmatic documents: Agreement on Migrant Workers (revised), 1949 (No. 97) and Recommendation No. 86, 1949; Agreement on Migrant Workers (complementary provisions), 1975 (No. 143) and Recommendation No. 151, 1975; Multilateral Framework for Migration; Hemispheric Agenda; Resolution and Conclusions on fair treatment of migrant workers, etc.

Fair Treatment of Migrant Workers 6 Plan of Action (2004) and Multilateral Framework for Labour Migration (2006) ILO Strategic Policy Framework Protecting the Rights of Workers Irrespective of their Migration Status Productive Employment / Decent Work Avoiding discrimination and exploitation Coherent, effective and equitable policies

Multilateral Framework for Labour Migration I. DECENT EMPLOYMENT II. INTERNATIONAL COOPERATION III. GLOBAL KNOWLEDGE BASE IV. EFFECTIVE MANAGEMENT V. PROTECTION VI. PREVENTING VIOLATIONS VII. MIGRATION PROCESS VIII. SOCIAL INTEGRATION AND INCLUSION IX. MIGRATION AND DEVELOPMENT 7

To strengthen the capacity of decision-makers and social actors to develop gender-sensitive policies, legislation, and administrative regulations 8 ILO Cooperation in the Region: Gender-Sensitive Labour Migration Policy Project

1) Improving the Regulation of Migration Flows GENERATING KNOWLEDGE, TRAINING, AND TECHNICAL ASSISTANCE Background Assessment: Gender and migration policy, temporary and circular migration programmes Study: International migration and labour conditions of indigenous populations Study: Consular protection; labour inspection Study: Impact of migration on salaries and labour conditions; role of private recruitment agencies Tripartite Meeting, February 2012 Workshops for public servants on labour policy with a gender approach Workshops for employers and unions on social security and labour conditions Technical assistance for employer’s organizations in the construction and agriculture sectors to improve labour conditions 9

1) Improving the Regulation of Migration Flows 10 Technical assistance for Statistics Units in Ministries of Labour in order to improve data on labour migration disaggregated by gender and data collection, analysis, dissemination, and use in home surveys. Workshops on standardization of statistics to generate information that is comparable from a gender perspective. Preparing a national report studying the possibility of including the ILO module on labour migration statistics in future home surveys.

2) Social Security Coverage 11

3) Competencies, Skills, and their Certification 12 Sub-regional seminars to discuss the recognition of diplomas and certification of competencies through signing agreements of the Network 3.a) Technical assistance for professional education institutions Sample surveys to propose strategies to avoid loss of human capital and measure bottlenecks 3.b) Measuring loss of competencies

Research on Intraregional Labour Migration Flows A joint effort of ILO, through the Regional Labour Market Observatories, IOM, and the Network of Observatories of Central America and the Dominican Republic. Case studies were conducted in 7 countries in the region: Guatemala, Belize, El Salvador, Costa Rica, and Panama (receiving States), and Honduras and Nicaragua (sending States). Economic sectors included in the studies: Agriculture, construction, tourism, commerce, and household work. A study was conducted on the Dominican Republic-Haiti, coordinated by the Labour Market Observatory of the Dominican Republic. A combination of qualitative and quantitative techniques were used. CID Gallup was in charge of interviews and focal groups.

Research Results The conformation of migration systems of intraregional workers has been confirmed. Recent migration flows are linked to economic changes in the past twenty years. Economic reasons are the primary motivation for migrating, and employment opportunities are the basic attraction. Migrant populations are young and with low levels of education.Migrants integrate into highly informal labour markets.

Temporary migration, contribute labour in seasonal activities. A significant presence of women working mainly household workers. Transnational care systems are strengthened.Significant processes to develop new families exist. Migrants are affected by inadequate working conditions and lack of access to labour rights. Research Results

Recommendations

Incorporating Young Migrants into the Labour Market Policies should be oriented toward improving access to productive employment, facilitating training for work and entrepreneurial skills, promoting the development of sectors with a higher potential for generating employment for young persons, and improving the quality of employment and the productivity of work.

Incorporating Intraregional Migrant Women into Remunerated and Non-remunerated Employment To promote guaranteeing the labour and human rights of migrant women, especially for household workers. To include a gender perspective in developing and analysing public policies oriented toward this sector of the population. To conduct an in-depth analysis of the particular characteristics of sectors where migrant women work.

Labour Conditions and Labour Rights Migrants themselves should make use of different legal mechanisms protecting their labour and human rights. To achieve this, it is essential to promote information, education, and dissemination campaigns with the aim of informing workers and employers on the rights of irregular migrant workers.

Empowering Migrants in the Region Integrated information systems need to be established, as well as mechanisms to inform migrant workers about labour markets and living conditions in countries of destination. In this regard, Labour Market Observatories could play a highly significant role.

Final Considerations 21 In summary, cooperation by ILO in Central America, Haiti, Panama, and the Dominican Republic shall be implemented around three central themes: 1)To improve migration management as well as the management of labour migration flows, including a gender approach in designing labour migration policies and in the regulatory framework. 2)To facilitate access to social security for migrant workers that contribute to the development of the agriculture and construction sectors, as well as for household workers. 3)To promote mechanisms for certification of competencies in these sectors.

Final Considerations 22 Gender-sensitive policies cannot be understood outside the context of economic and social policies in countries of origin and destination of migrants. If appropriate policies and regulations are in place, economic migration could be an opportunity for countries of origin and destination. This requires political will and institutional capacity. Permanent and effective spaces for transnational dialogue are essential. In addition, it is crucial that social actors take on a pro-active role. These are the areas where ILO can undoubtedly provide support.

Final Considerations 23 Professional education, including the development and certification of the competencies of migrant workers, and social security, including portability of the rights of migrant workers, are instruments that need to be especially considered in designing comprehensive migration strategies and policies.

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