Labor Migration Challenges and Policies in Europe

1. 9th PERC Summer School with the financial support of ACTRAV and in cooperation with DGB Frankfurt Chair: Mr IrakliPetriashvili, PERC President 26th of Sept - 2016 . Victor Hugo Ricco, ACTRAV-HQ ILO.

2. Session 2: Migration in Europe: challenges, policies and institutions • Panel 2: • Jeroen Beirnaert, ITUC Human and Trade Union Rights • LiinaCarr, ETUC Confederal Secretary • Victor Hugo Ricco, ACTRAV - ILO

3. Objetives of the presentation • Describe briefly ACTRAV’s work on labour migration to support the WG and share the main meetings conclusions linked to labour migration of this year and next year and share the challenges with regards to the WG position.

4. Overalworkwith the CGU. • Support to the CGU WG on LM (composedbythesecretariat of theworkersgroup, ITUC Brusselscolleagues, and representatives of someGUFs: UNI, PSI, EI, BWI, IUF) • Severalmeetings in persons and frequent Skype calls to update and advanceonthe agendas. • Planification, workimplementation, and liaison withtheactivities and events in the ILO.

5. Different áreas of work • Ratification campaignson ILO C 97 and 143. • General Surveyon Labour MigrationStandards. • Support ontheparticipationat: • GB onthe labour migration ítems; • The Tripartitetechnical meeting onthe “Access of refugees and otherforcibly displaced persons to the labour market”. • The Tripartite Meeting of Expertson “Fair Recruitment”. Fair RecruitmentInitiative. Ontheiniciative of the WG a tripartite meeting to developguidelines. ( as mandate fromthe TTM on LM 2013). • Next ILC General Discussionon Labour Migration. • GFMD (Bangladesh 2017– GermanyMorocco 2018)

6. Ratification campaignson ILO C 97 and 143 (includingthe UN convention). Target Countries for Ratification of ILO and UN Migration Conventions Africa: Ghana, Kenya: UN Convention, Ivory Coast, Mauritania, Morocco, South Africa, Senegal, Zimbabwe. Asia: Cambodia: UN Convention, India, Nepal, Indonesia, Malaysia, South Korea, Sri Lanka Central and Eastern Europe: Armenia, Moldova; Serbia: UN Convention; Ukraine Latin America: Brazil, Costa Rica and Nicaragua given the ILO work on the corridor CR-Nicaragua and a bilateral trade union agreement, Argentina, Colombia, Guatemala, Paraguay, Panama. ACTRAV’s contribution: Materials for the ratification campaign. Available Mid November.

7. 2. General Surveyon Labour MigrationStandards.Background and rationale. • 1999 General Survey: continued relevance of main principles but certain lacunae due to changing context. • ILC general discussion on labour migration in 2004 (Resolution): Plan of Action • ILO Multilateral framework on labour migration (Experts meeting 2005) • Continued attention in GB • Tripartite Experts Meeting in 2013 - High level Dialogue • ILO Chair of Global Migration Group • DG Report to ILC (2014): Fair Migration Agenda • Enable to assess updated information on law and practice of member States and the extent to which these have evolved since the last General Survey • Identify the difficulties preventing or delaying ratification and provide an overview of main challenges practical application. • International debates • Current significance of the issue • Complexity & changing nature • Implications for the world of work

8. CAS discussion – Outcome (conclusions) • Whatis the Outcome? • Main objective for the WG: Avoidreference to any out of date status of the normes. Good text but reference to the SRM. • Problematic position of the Employers and somegovernment. • 11. Recognising, as was set out in the General Survey, that the potential and requirements of the instruments were not always fully understood, the Committee considered that the Office should undertake an awareness-raising and implementation campaign on Conventions Nos 97 and 143 and Recommendations Nos 86 and 151. The Committee considered that such an awareness-raising campaign should include tools to assist member States which had ratified the instruments in working towards their full implementation, as well as to assist other member States that express an interest in the possibility of ratifying the instruments. • 2016 General Survey

9. 3. Support ontheparticipation at: GB onthe labour migration ítems; • High levelsegment at the GB onRefugees and the Access to the labour market. TheWorkersrequested a TTM, adopted! • Outcome 9. Promotingfair and effective labour migrationpolicies. • FairRecruitmenttripartite meeting of experts. • Next ILC agenda. General Discussionon Labour Migration: Topics and strategicapproach.

10. The Tripartitetechnical meeting onthe “Access of refugees and otherforcibly displaced persons to the labour market”. • Guidingprinciples on the Access of refugees and otherforciblydisplacedpersons to the labour market: • Governanceframeworks on access to labour markets • Economic and employmentpolicies for inclusive labour markets. • Labour rights and equality of opportunity and treatment. • Partnership, coordination and coherence. • Voluntaryrepatriation and reintegration of returnees. • Additionalpathways for labour mobility. Problematic position fromsome countries… focus on returnees and job opportunities at origin…therewere moments in which «decentwork» was a problem to sustain. Employersweresupportive. IOM and UNHCR, key stakeholders. CONCLUSIONS WILL BE FORMALLY ENDORSED ONCE THE GB ADOPTS THEM IN NOVEMBER 2016.

11. The Tripartite Meeting of Expertson “Fair Recruitment”. General priniciples and operationalguidelinesforfairrecruitment • Fair RecruitmentInitiative. Ontheiniciative of the WG a tripartite meeting to developguidelines. ( as mandate fromthe TTM on LM 2013). • Scope of the general principles and guidelines (national and crossborder, eitherrecruiteddirectlyorbyagency etc…) • Definitions and terms. • General Principles. 13 principlesstatingthebasicunderstanding. • OperationalGuidelines. 31 guidelinesaddressingtheResponsibilities of • Governments; • Enterprises and publicemploymentservices • Labour recruiters • Employers.

12. Issuesaddressed • Recruitmentbasedontherespect of internationallyrecognised human rights and ILS. • Recruitmentfeesand otherrelatedcosts. • Freedom to terminatewithoutthepermission of theemployer. • Prohibition to keepdocumentsfromthemigrantworkersuch as workpermit, contract, visas etc… • Access to timelyinformationformigrantworkers. • Workingconditions, labour inspection, bilateral agreements, access to grievancemechanisms, duediligence, etc.. Problematic áreas: • Definition of Business Enterprises. (UNGP on BHR) • Exceptions to theprinciple of free fromfeesoranyotherrelatedcost to recruitment. • Promotion of industry-led schemesforcertification. IOM from Sept 19 isformally a member of the UN. IRIS system to certifyfairrecruitmentforprivateemployment agencies. Position of theWorkers.

13. 2017 ILC General Discussion on Labour Migration. Main axes of discussions: • Chapter 1 – Global and regional labour migration trends and policy debates • Chapter 2 – Regional labour migration and mobility • Chapter 3 – Bilateral arrangements on labour migration • Chapter 4 – Fair recruitment • Chapter 5 – Conclusions and the way forward • Agenda for the workers: Advance on the agenda item for a standard on fairrecruitment.

14. Other foras… GFMD (Bangladesh 2017– GermanyMorocco 2018). Agenda fortheworkers…. A Tripartitespace in thedaybetween CS and Governmental meeting. Antecedent in 2014, butthe ILO waschair of the GMG. UN high-level meeting to address large movements of refugees and migrants, with the aim of bringing countries together behind a more humane and coordinated approach. The issue of large movements of refugees and migrants is too vast for any one state to handle on its own. The international community must work together to find durable solutions. High Level dialogue 2019.

15. Upcomingopportunities GFMD Bangladesh Alemania y Marruecos 2019 The ILO Centenary Initiatives. 2017 o 2018 OIT 2016 ILC GS and GSC • 2015 8.8 protect labor rights and promote safe and secure working environments of all workers, including migrant workers, particularly women migrants, and those in precarious employment NNUU. ODS

16. Conclusions and comments. • Many implications of the Labour Migration Agenda for different relevant actors to access to the labour market. • Need for improving the recruitment practices which in most cases could operate as an entrance to unacceptable forms of work and even slavery. • Need to promote ILS related to labour migration. Need to discuss if needed new standards needed to cover possible current needs. • Need to address the labour market implications of the access of refugees, asylum seekers, forcibly displaced persons, and their skills recognition and development. • Need to revert some wrongly perceived impressions towards migrant workers and refugees. The challenge of integration and the role of social partners.

17. Thanks for the attention AND FOR NOT FALLING ASLEEP Víctor Hugo Ricco ricco@ilo.org ACTRAV - OIT