ISSA Technical Seminar ISSA Technical Seminar Social Security for Migrants Antoinette Skelton Social Security Board, British Virgin islands May 2008 Hamilton, Bermuda

Introduction Definition: ILO defines a migrant worker as a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a national.

Introduction According to ILO (2000)  there were an estimated 120 million migrant workers worldwide.  The total number of migrant including permanent immigrants and refugees is estimated at 175 million

Introduction  Growing pace of economic globalization  increasing unemployment  poverty  Demand for labour  Political instability Reasons for Migration

Introduction The great majority of these migrant workers possesses little or no skill with women making up about 50% of migrant workers.

SEGMENT l International Perspective

The following international agencies, among others, are involve in the protection of migrants’ human rights.  United Nations (UN)  International Labour Organisation (ILO),  International Organization for migration (IOM)  Human Rights Watch (HRW) Agencies intervention

International Perspective The International Convention of the Protection of the Rights of all Migrant Workers and their Families (1990) entered into force in March 2003 after being ratified by 20 countries.

International Perspective 1. The right to life. 2. The right not to be enslave 3. The right to the equality pay. 4. The right to equal treatment by Social Security Convention rights of the migrant workers and their families includes:

International Perspective The Convention also lists rights relative to freedom of assembly, freedom of religion, right to liberty, right to fair trial, right not be unlawfully imprisoned and all other rights afforded under the Human Rights Convention.

International Perspective  Convention 97 – Migration for Employment Convention (Revised) 1947  Convention 102 – Social Security (Minimum Standard Convention, 1952  Convention 118 – Equality of treatment (Social Security) Convention 1962 ILO Conventions

International Perspective Convention 143 – Migrant Workers (Supplementary Provision) Convention, 1975 Convention 157 – Maintenance of Social Security Rights Convention, 1982 ILO Conventions

International Perspective – R86 – Migration of Employment Recommendation (Revised) 1949 – R100– Protection of Migrant Workers (Underdeveloped Countries), Recommendation – R122 – Employment Policy Recommendation, 1948 –R167– Maintenance of Social Security Rights Recommendation, 1983 ILO Recommendations to Conventions

SEGMENT ll Regional Migration

In July 1989 in Grand Anse, Grenada, CARICOM created the CARICOM Single Market and Economy (CSME).

Regional Migration The CSME is a system designed to facilitate the pooling of the region’s resources in order to build the capacity required to effectively respond to globalization and the emergence of mega trading blocks.

Regional Migration CSME facilitated eight groups of workers for free movement throughout CARICOM States without the need for work permits are: Musicians-Athletes - Media workers-Artists - Self-Employed Persons - Managers, - University Graduates - Supervisors and Technical Staff

Regional Migration In July 2006, tertiary trained teachers and nurses were added and by 2009, when the CSME is fully implemented, CARICOM nationals will no longer need work permits or skill certificates to work in member states

Regional Migration The CARICOM Agreement on Social security was signed in Guyana on March 1, 1996, with Antigua & Barbuda, Barbados, Belize, Dominica, Jamaica, St. Lucia and Trinidad and Tobago, as signatories to the agreement. The CARICOM Agreement on Social security was signed in Guyana on March 1, 1996, with Antigua & Barbuda, Barbados, Belize, Dominica, Jamaica, St. Lucia and Trinidad and Tobago, as signatories to the agreement.

Regional Migration The Government of Guyana would later sign the Agreement on March 21, 1996 and St. Kitts & Nevis on July 6, of the same year with other CARICOM states signing at later dates. The Government of Guyana would later sign the Agreement on March 21, 1996 and St. Kitts & Nevis on July 6, of the same year with other CARICOM states signing at later dates.

Regional Migration The goals of the CARICOM Agreement on Social Security are: 1Fostering of unity among its members by functional cooperation in the area of social security;

Regional Migration 2Harmonisation of legislation of the Member States of the Caribbean Community

Regional Migration 3Equality of treatment for residents of CARICOM States under their social security legislations,

Regional Migration The CARICOM Agreement on Social Security is to protect the rights of migrant workers to social security benefits ir-regardless of where they are residing when the need for such benefits arises.

Regional Migration The benefits payable under the agreement are invalidity pension, survivor’s pensions, old age/retirement pension, disablement pension and death benefits in the form of pensions.

SEGMENT lll The BVI Experience

The most recent census shows that approximately 60% of the persons residing in the BVI are none-nationals and approximately 55% of the work force are migrants.

The BVI Experience Population BVIslanders Non-Nationals Total23,16126,787

The BVI Experience Labour Force BVIslanders Non-Nationals Not Stated Total14,29016,939

The BVI Experience SSB Registration BVIslanders CARICOM Nationals Others Total1,3872,133

The BVI Experience Rights of all Workers listed in the Labour Code a) The right to a decent rate of pay. b) The right to work in a safe healthy environment. c) The right not to be unfairly dismissed. d) The right to severance pay. e) The right to leave (public holiday leave, vacation leave and sick leave)

The BVI Experience The Social Security Act and Regulations are void of references to illegal employment. For social security purposes, all workers - migrant (whether legal or illegal) and nationals have the same responsibilities and are entitled to the same rights Social Security

The BVI Experience The Social Security Benefits Regulations 47(1) states: Except as hereinafter provided, a beneficiary shall be disqualified from receiving any benefit for any period during which that person is absent from the Territory. Except as hereinafter provided, a beneficiary shall be disqualified from receiving any benefit for any period during which that person is absent from the Territory.

The BVI Experience Sub-paragraph (2) of Regulation 47 states A beneficiary shall not be disqualified from receiving sickness or maternity benefit by reason of being temporarily absent from the Territory….for such period as the Director may allow, having regard to the particular circumstances of the case.

The BVI Experience Regulations 47 (1) (2) administered in the “spirit of the law” rather then to the “letter of the law”.

The BVI Experience Regulation 47 (3) A beneficiary shall not be disqualified form receiving age or survivors benefit by reason of being absent from the Territory; but such a person shall furnish to the Director evidence of his/her continuing entitlement to the benefit as such intervals as the Director may require. A beneficiary shall not be disqualified form receiving age or survivors benefit by reason of being absent from the Territory; but such a person shall furnish to the Director evidence of his/her continuing entitlement to the benefit as such intervals as the Director may require.

The BVI Experience Subsection (4) A beneficiary shall not be disqualified from receiving invalidity benefit by reason of being absent from the Territory for such period as the Director may allow, having regard to the particular circumstances of the case. A beneficiary shall not be disqualified from receiving invalidity benefit by reason of being absent from the Territory for such period as the Director may allow, having regard to the particular circumstances of the case.

The BVI Experience Presently, there are approximately 200 persons residing outside of the Territory who receive monthly pensions.

The BVI Experience An arrangement has been made with St. Kitts/Nevis Social Security Office to deliver pension checks to pensioners living there.

Conclusion “Migrant workers are an asset to every country where they bring their labour. Let us give them the dignity they deserve as human beings and the respect they deserve as workers” – Juan Somavia, Director General of the ILO.