A Comprehensive Approach: Global, A Comprehensive Approach: Global, Regional and National Challenges and Regional and National Challenges and

SolutionsSolutions

Dr. Nicola PiperDr. Nicola Piper

Arnold Bergstraesser InstituteArnold Bergstraesser Institute

Freiburg University, GermanyFreiburg University, Germany

EMN Conference EMN Conference Migration and DevelopmentMigration and Development, , Oslo, June 18, 2012Oslo, June 18, 2012

Objectives:

• to develop an analytical link between Development, Mobility and Rights – the DMR nexus

• to relate this to the world of work/employment in particular

IntroductionIntroduction

Dr. Nicola Piper

Pre-1990• International migration discussed under human rights frameworkhuman rights framework

1951 Geneva Conventiontwo ILO migrant worker conventions (1948, 1975)

→ culmination: 1990 UN Convention on the Rights of All Migrant Workers

Post-1990• shift to linking migration to developmentlinking migration to development

1994 Cairo ConferenceCairo ConferenceChapter X of its Programme of Action refers to migration within a

development framework2003 Set-Up of GCIMGCIMLeading up to 2006 – appointment of Peter Sutherland as SRSG on migration SRSG on migration

and developmentand development2006 UN High Level Dialogue UN High Level Dialogue of International Migration and Development

since then, annually held GFMDs

Migration and Development: re-emergence of a topicMigration and Development: re-emergence of a topic

GFMD

•THE primary inter-governmental place of discussion of migration policy and framework-setting

•this now happens only within a development context

→ advancement of the rights of migrants regressed

→ migrants‘ rights have nearly disappeared from inter- governmental discourse at the highest levels

Global Level Global Level

Global LevelGlobal Level

Two main discourses and policy approaches:

1.„Management of Migration“ 2.„Migration-Development Nexus“

= dominant, state-led discourses= increasingly restrictive policy environment

Counter-discourse:

3. „Rights-Based Approach“

= promoted by UN experts and civil society (trade unions, migrant associations, migrant rights advocates, faith-based organisations…..)

→ the Peoples‘ Global Action for Migration, Development and Human Rights

“Among people who move across national borders, just over a third moved from a developing to a developed

country”

→ that is, fewer than 70 million (UNDP 2009:2)

“Most international migrants move within major regions” (UN DESA 2011)

What Migration?What Migration?

Dr. Nicola Piper

What Migration?What Migration?

• irregular, permanent, short-term rotating, and temporary migration (cf. Böhning 2009)

• low skilled – highly skilled (but: „brain waste“/de-skilling →issue of low wage rather than skill)

• work/employment in specific sectors/professions – some sectors have been given more attention than others (this also a gender issue)

(Special Issue in Population, Space and Place, 2009, vol. 15(2), on „Rethinking the Migration-Development Nexus“)

Whose Development?Whose Development?

Böhnung‘s (2009) conclusion that the short-term rotating short-term rotating migrants make the maximum transfers maximum transfers to home development

BUT:

•majority of migrants not this type!

•Böhnung admits problems with empirical evidence (plus: focus on contribution to origin countries only)

•exposure to high levels of expoitation undermines of capacity to contribute to D

What about those migrants‘ own development („here“ and „there“)?

→ gender issues (esp. socio-cultural „push“ factors)

→ high migration costs

Seers → to Sen → to UNDP

„Development requires the removal of major sources of unfreedom: poverty as well as tyranny, poor economic poor economic opportunitiesopportunities as well as systematic social deprivation,

neglect of public facilities as well as intolerance or overactivity of repressive states“ (Sen, 1999:3)

What tends to be underplayed is the role of migration in the development of destination countries ………

Whose & What Development?Whose & What Development?

What Rights?What Rights?

Rights appear in context of „the most vulnerablethe most vulnerable“:

• victims of trafficking• children (esp. unaccompanied)

or in context of humanitarian assistance humanitarian assistance („protection“)• asylum seekers

But not in context of abusive practices at the workplace!!!!

→ No mention of labour inspections, workplace monitoring!

→ No mention of anti-discrimination policies/legislation!

→ No mention of ILO Conventions or core labour standards!

– institutionalised forms of worker recruitment (Gulf, S-E Asia, South Africa)

• bilateral agreements, MoUs, regional mobility regimes• temporary, employer-tied contract migration• no or little access to social and welfare rights for majority

– re-regulation of occupations (Guy Standing)• in Europe, away from guild structure to state mechanisms of licensing• in migration-development context: circular migration

– lack of governance capacity + an expanding informal economy = high levels of corruption, exploitation, and thus, a significant human rights deficit

• sub-regional and country-specific variations of course!

Implications for world of workImplications for world of work

Dr. Nicola Piper

– origin countries: • policy focus on remittances and brain drain/gain• recruitment

– destination countries: • integration not subject to policy everywhere (nor

re-integration in origin countries)• regularisation – but not panacea for all problems!• expansion of informal, non-standard work• certain sectors larger in the South than in the

North– e.g. domestic work

National Policies/Issue AreasNational Policies/Issue Areas

Dr. Nicola Piper

The Migrant Experience

The Global Migrant subjected to….The Global Migrant subjected to….

→ → modern forms of slavery/forced labour/ economic modern forms of slavery/forced labour/ economic “displacement” (“displacement” (un-/underemployment, non-payment or un-/underemployment, non-payment or underpayment of wages etcunderpayment of wages etc.).)

→ → discrimination/downgrading (discrimination/downgrading (brain waste, brain waste, deskilling, non-recognition of qualificationsdeskilling, non-recognition of qualifications))

→ → securitisation/securitisation/criminalisation (“criminalisation (“illegalisationillegalisation”)”)

→ → social costs (social costs (transnationally split families, transnationally split families, marital marital break-up,break-up, children left behind children left behind etc.)etc.)

due to due to rights deficit in current policy rights deficit in current policy makingmaking

Counter-arguments by civil societyCounter-arguments by civil society

…….for advancing the rights of migrants

• regional human rights bodies/commissions

e.g. Inter-American Human Rights system

→ regional special rapporteurship

→ ground breaking ruling by IAHRC in 2002 asserting that

“all migrants, undocumented and documented alike, are covered by the principles of equality and equal protection”

“labour rights arise from the circumstances of being a worker, understood in the broadest sense”

Regional mechanisms….Regional mechanisms….

Regional mechanismsRegional mechanisms

Economic integration through free circulation of resources, capital, good, services, technology

and people today in at least

ten regional economic integration processes involving more than 110 countries

(of 193 UN member states):

EU, Andean Pact, ASEAN, CARICOM, CIS, COMESA, EAC, ECOWAS, MERCOSUR, SADC

Concluding RemarksConcluding Remarks

Dr. Nicola Piper

Core of DMR NexusCore of DMR Nexus:

• Mobility rights (freedom of movement)

• Right to work

• Rights in work

„„The Civil Right We are not Ready for: The Right of Free Movement of People“The Civil Right We are not Ready for: The Right of Free Movement of People“

→ title of article by Roger Nett published in 1971in 1971

•he wrote that, at some point in the future

„…it may well be discovered that the right to free and open movement of people on the surface of the earth is fundamental to the structure of human opportunity“ (p. 218)

→ picked up by UNDP in its 2009 report on Overcoming Barriers – Human Mobility and Development

Mobility RightsMobility Rights

Right to Work/Rights in WorkRight to Work/Rights in Work

Importance of DECENT WORK (Importance of DECENT WORK („here“ and „there“)

Conceptually:

„Transnational PrecariatTransnational Precariat“ (Nancy Fraser)

„Transnational ClassTransnational Class“ (Sklair)

In terms of normative framework for policy:

•ground breaking ruling by Inter-American Court of HR•new ILO Convention no. 189 on Decent Work for Domestic Workers

→ beyond North and South divide?

→ post-migration paradigm?

Main challenge, hint at a solution…Main challenge, hint at a solution…

Global Job/Employment Crisis

• tackling of un- and underemployment

Institutional capacity building

•not only via focus on state institutions but also civil society

= important role of labour movement

→ → bottom-up pushbottom-up push

Hint at solutionsHint at solutions.....

Global Level:

• strengthening and support of the ILO

• e.g. via ratification of ILO Convention no. 189• lobbying for broader ILO membership on worker side (beyond traditional unions)

Regional/National Level :

• adherence and promotion of core labour standards• improvement /implementation of labour law/labour standards• inclusion of social clauses into regional charters• inclusion of social clauses into BLAs

Thank you for your attention!