MIGRATION, GLOBALIZATION, SOCIAL SECURITY

1. MIGRATION, GLOBALIZATION, SOCIAL SECURITY

2. MIGRATION TODAY : FEATURE OF GLOBALIZATION Globalized mobility of skills and labour: 214 million people living outside countries of birth/citizenship in 2010; 105 million economically active: employed, self-employed, in remunerative activity 90 per cent of migration today is bound up in labour and employment. Figures undercount migrant labour, don’t include short-term temporary or seasonal migrants. For majority of countries, international labour and skills mobility is key to sustaining and renovating processes of development: production of goods, services and knowledge; construction of infrastructure; distribution of goods and services; provision of education, healthcare and transportation.

3. Migration is engine of economic viability Migration serves as instrument to adjust skills, age and sectoral composition of national and regional labour markets. Migration meets fast-changing skills needs resulting from technological advances, changes in market conditions and industrial transformations. In countries of aging populations, migration replenishes declining work forces and injects younger workers, increasing dynamism and innovation. International skills/labour mobility is making vast contributions to development in more than 100 countries by providing: skilled labour, new technological competencies, labour force to sustain otherwise non-viable sectors, enterprises, health care, etc. large shares of labour in entire sectors-- agriculture, construction, hotel and restaurant, cleaning and maintenance, tourism, others...

4. Migration helps modernize economic activity World of work today characterized by: evolution and diversification of technology transformations and relocations of industrial processes changes in the organization of work itself These changes mean greater complexity, diversity and specialization in work force competencies and skills everywhere. No country today can train the entire range and number of evolving skills and competencies for work done on its territory. The result is growing demand for specialized skills not available locally.

5. Migration meeting labour force demographic deficits For a rapidly expanding number of countries Technology and skills dilemmas are compounded by demographics Size, composition and age profile of entire ‘native’ work forces: declining in number, increasing in age, constricting in breadth and competencies, diminishing versus increasing numbers of retired people– dependent on active work force for social security. 15 to 20 % of work forces foreign born in Australia, Canada and the USA. 20% foreign born or children of immigrants in some European countries Elsewhere: Colombia, Mexico, Tunisia, others at zero population growth.

6. Labour/skills circulation regimes Labour circulation has is crucial to regional integration and development, European Union, East African Community, Mercosur, etc. Key because it is regulated and harnessed in regional, interstate spaces of economic and social integration. Only spaces of larger markets, larger resource bases and larger labour forces can meet competitive demands in a globalized world. These spaces obtain larger pools of capital, resources, skills and labour necessary for competitive economies of scale and viable markets.

7. Labour/skills circulation regimes Building ‘common markets’ means building economic, political and social cooperation Migration is a fundamental pillar for such cooperation. Free circulation of labour in larger markets links capital and labour, essential to obtain most productive use of both labour and capital. No smaller states have the scale of populations or economies to be competitive in globalized market conditions dominated by the ‘giant’ economies –China, Japan, USA, and the European Union. None have diversity and extent of skills to fill employer needs None alone have markets large enough to generate economies of scale in production, distribution or services.

8. Labour migration governance Unless regulated by appropriate laws and regulations, labour migration entails high cost in violations of rights of persons, in reduced productivity, lost opportunities for development and absence of social protection. Foundations: 1. Obtaining collection and analysis of relevant labour migration data 2. Engaging with social partners –employers and worker organizations—in migration policy and administration. 3. Setting the standards-based approach to migration, incorporating international standards into national law and practice 4. Building institutional mechanisms for policy and administration of labour migration

9. Labour migration governance Building on foundations: key policy priorities: 5. Informed and transparent labour migration systemsto measure and meet real labour and skills needs 6. Providing adequate and current vocational education and training to meet both national needs and international demand. 7. Enforcing minimum decent work standards in all sectors of activity, 8. Implementing action against discrimination and xenophobia. 9. Extending social protection, specifically social security coverage and portability, to migrant workers

10. The social security challenge Although migrant workers fully contribute to the economies of destination and origin countries, migrants are not taken into account in national social security schemes. They often loose entitlement to social security benefits in their country of origin due to absence, They often face restrictive conditions or non-access altogether to social security in the country of employment. Even when they can contribute to social security systems in host countries, their contributions and benefits often cannot be transferred back to origin countries when migrants depart. Specific mechanisms are required to safeguard migrant workers’ Social Security rights and to overcome the restrictions faced under national legislation.

11. The social security challenge Social Security isrecognized as a basic human right, a fundamentalmeans for creating social cohesion and an important tool to prevent and alleviatepoverty Social protection serves as a social and economic stabiliser in times of crisis Social transfers and services are powerful policy instruments to combat insecurity, inequality and achieve development goals and social well-being. However, 75-80% percent of the global population do not enjoy a set of social guarantees that allows them to deal with life’s risks.

12. The social security challenge Main restrictions to overcome: Principle of nationality: social security benefits limited to nationals; Principle of territoriality: coverage and benefits linked to country of employment; Lack of coordination mechanisms on social security schemes ILO Conventions and bilateral/multilateral social security agreements provide mechanisms to ensure that Migrant Workers and their families can exercise their rights to benefits from the Social Security systems of countries in which they have worked/lived –both in those countries and when they return home.

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14. The social security challenge Although migrant workers fully contribute to the economies of destination and origin countries, migrants are not taken into account in national social security schemes. They often loose entitlement to social security benefits in their country of origin due to absence, They often face restrictive conditions or non-access altogether to social security in the country of employment. Even when they can contribute to social security systems in host countries, their contributions and benefits often cannot be transferred back to origin countries when migrants depart. Specific mechanisms are required to safeguard migrant workers’ Social Security rights and to overcome the restrictions faced under national legislation.

15. The social security challenge Social Security isrecognized as a basic human right, a fundamentalmeans for creating social cohesion and an important tool to prevent and alleviatepoverty Social protection serves as a social and economic stabiliser in times of crisis Social transfers and services are powerful policy instruments to combat insecurity, inequality and achieve development goals and social well-being. However, 75-80% percent of the global population do not enjoy a set of social guarantees that allows them to deal with life’s risks.

16. The social security challenge Main restrictions to overcome: Principle of nationality: social security benefits limited to nationals; Principle of territoriality: coverage and benefits linked to country of employment; Lack of coordination mechanisms on social security schemes ILO Conventions and bilateral/multilateral social security agreements provide mechanisms to ensure that Migrant Workers and their families can exercise their rights to benefits from the Social Security systems of countries in which they have worked/lived –both in those countries and when they return home.

17. Building an ECOWAS Framework 1. Social Security is a right UniversalDeclaration of HumanRights(1948) Article 22: “Everyone as a member of society has the right to social security…” Article 25, para. 1: “Everyone has the right to (…) security in the event of unemployment, sickness, disability, widowhood, old-age or other lack of livelihood in circumstances beyond his control.” Article 25, para. 2: “Motherhood and childhood are entitled to special care and assistance.” All children, whether born in or out of wedlock, shall enjoy the same social protection” International Covenant on Economic, Social & Cultural Rights (1966) Article 9: “The State Parties to the present Covenant recognise the right of everyone to social security, including social insurance.”

18. Elements for an ECOWAS Framework The International Labour Mandate Preamble to the ILO Constitution (1919): …to improve conditions of labour, inter alia, through the «prevention of unemployment, …the protection of the workeragainstsickness, disease, and injuryarising out of hisemployment, the protection of children, youngpersons and women, provision for old-age and injury, protection of the interests of workerswhenemployed in countries otherthantheirown» Declaration of Philadelphia (1944): topursue…«the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care » Global Jobs Pact (ILC 2009): Requests countries that do not yet have extensive social security to build “adequate social protection for all, drawing on a basic social protection floor, including: Access to basic health care, Income security for the elderly and persons with disabilities, Child benefits, and Income security combined with public employment guarantee schemes for the unemployed and the working poor”

19. Elements for the ECOWAS Framework 3. The Basic Standard Social Security (Minimum Standards) Convention, 1952 (No. 102) Defines 9 branches of social security: Medical care benefit, Sicknessbenefit, Unemploymentbenefit, Old-agebenefit, Employmentinjurybenefits, Maternitybenefit, Familybenefit, Invaliditybenefit, Survivors’ benefit. Sets minimum standards: personalcoverage, level of benefits, qualifyingperiod, duration of benefits etc. Art. 68: Equality of treatment of non-national residents: Non-national residents shall have the same rights as national residents.

20. Elements for an ECOWAS Framework 4. The Legal Foundation An international legal framework provides for protection of migrant workers, for national regulation and for international cooperation on labour migration as well as extending social security to migrants. 3 core instruments comprise an international charter on migrants: C97, C143, UN 1990. Complementing these,specific instruments are 3 ILO Conventions and a recommendation directly related migrants’ social security C19, C118, C157, R167

21. Foundations for an ECOWAS Framework 5. The Migrant Worker Instruments Migrant workers’ social protection in ILO C-97 & C-143 C97 – art 6 b) : principle of equality of treatment in respect of social security for migrants in regular situation. C143 – art 9 : MigrantWorkers in an irregular situation shouldenjoy equality of treatment for himself and his family in respect of rights arising out of past employment as regards remuneration, social security and other benefits. C143 – art 10 : equality of opportunity and treatment in respect of social security for MigrantWorkers with regular status. International Convention on the protection of the rights of all migrant workers and members of their families (1990) Art. 27 : With respect to social security, migrant workers and members of their families shall enjoy in the State of employment the same treatment granted to nationals… Art. 28 : Migrant workers and members of their families shall have the right to receive any medical care that is urgently required for the preservation of their life or the avoidance of irreparable harm to their health on the basis of equality of treatment with nationals of the State concerned. Such emergency medical care shall not be refused them by reason of any irregularity with regard to stay or employment.

22. Foundations for an ECOWAS Framework 6. The Instruments on Social Protection Specific instruments provide for social protection of migrant workers: Equality of treatmentbetweennationals and non-nationals C19 Equality of Treatment (Accident Compensation) Convention, 1925 C118 Equality of Treatment (Social Security) Convention, 1962 Maintenance of social securityrights C157 Maintenance of Social Security Rights Convention, 1982 R167 Maintenance of Social Security Rights Recommendation, 1983 These instruments were designed to coordinate different national social security schemes and to safeguard migrant workers’ social security rights by promoting equal treatment between nationals and non-nationals and maintenance of social security rights acquired & in course of acquisition.

23. Foundations for an ECOWAS Framework 7. International Agreements Bilateral & Multilateral Social Security agreements The ILO Multilateral Framework on Labour Migration (2006) providespractical guidelines for a rights-basedapproach to labour migration and calls for social securityagreements. These are treatieswhichcoordinate the Social Security schemes of two or more countries to ensure the portability of SS entitlements. The MLF recommends: « (9.9) enteringintobilateral, regional or multilateralagreements to provide social securitycoverage and benefits, as well as portability of Social Security entitlements, to regular migrant workers and, as appropriate, to migrant workers in irregular situations »

24. Foundations for an ECOWAS Framework 8. Independent Initiatives Unilateral measures by countries The country of employment provides equality of treatment between national and non-nationals regarding SS coverage and medical care as well as payment of benefits abroad. In absence of formal portability arrangements, it reimburses contributions to the migrant when he/she leaves the country. The country of origin provides social security coverage through the national scheme for citizens abroad when they are not covered there. Requiring recruitment agencies to include social security provisions. Establishing special social security options or voluntary social insurance for migrant workers based on voluntary contributions. Providing options for voluntary retroactive payment of contributions in to social security or pension schemes for periods abroad.

25. Foundations for an ECOWAS Framework 9. The basic agenda Ratification of International Instruments on migrant workers and social security Assessment of migrant populations, social security systems and administrative capacities Elaboration of multilateral Social Security mechanisms and an Agreement across ECOWAS Implementation of national and Unilateral measures

26. Implementing the Agenda 1. Strengthening the foundations Ratifying and implementing the legal basis Eurasian countries have a legacy of social security protection and systems dating from the Soviet legacy Social security remains anchored as a right and popular expectation However, non-adoption/ratification of core standards leaves numerous States with no legal mandate nor parameters for extending social security Political will is needed: Social Security Administrations can provide evidence and make the case for extending social protection to migrants

27. Implementing the Agenda 2. Good policy depends on good data Current data on migration mostly estimates movements and stocks Little data on migrant employment and economic activity, meaning no data relevant for social security administration Labour migration data needs to be: integrated in labour market indicators, interfaced with labour and social security administration The extent of existing coverage of people in informal employment and of migrants --including in formal activity-- has to be assessed. Measure is needed of unrecognized migrant populations, such as large numbers in seasonal agricultural labour.

28. Implementing the Agenda 3. Preparing for Agreements & Cooperation Considerations and constraints Social security systems among Eurasian countries have evolved differently and at different rates since the 1990s. Social Security systems may now diverge between countries – disparity in the design and in levels of benefits Emergence of provident funds versus social insurance systems Differences between systems pose problems for agreements on reciprocal basis Compatibilities & contrasts between systems must be identified Administrative capacities need to be assessed Resolving these factors generates political will to obtain agreements and extend unilateral measures

29. Finding the ECOWAS Framework What’s at Stake New evidence based on more accurate forecasting shows the world –and ECOWAS region-- on the eve of far greater international mobility. Labour and skills mobility across ECOWAS is key to economic cooperation, integration and development Getting social security right today will be essential for economic progress, social well being and good governance tomorrow.