II RCM Workshop on Temporary Foreign Worker Programmes:

1. II RCM Workshop on Temporary Foreign Worker Programmes: An Intra-regional or South-South Approach “Unregularized Migration Flows: Current Situation and Challenges regarding Management” Santo Domingo, Dominican Republic April 28, 2011 Salvador Gutiérrez – National Officer International Organization for Migration Regional Office for Central America and Mexico

2. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementBASIS OF THE PRESENTATION A significant part of the information included in this presentation reflects the results of the study “Intra-regional labour migration flows: current situation, challenges, and opportunities in Central America and the Dominican Republic” which shows that 99% of the interviewed migrants had not been regularized in the country where they worked. The objective of this research is: to expand the knowledge about labour markets of Central America and the Dominican Republic through studying its migration component, with the aim of providing relevant information and recommendations for public policy-making to improve the management of intra-regional labour migration flows.

3. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementBASIS OF THE PRESENTATION • ANALYZED SECTORS PARTNERS • Construction: 33% - OML, CA & DR • Household work: 25% - Ministries of Labour, CA & DR • Agriculture: 31% - ILO • Commerce : 8% • Tourism: 3% • METHODOLOGY • Reviewing secondary sources. • 1,515 interviews in societies of destination (GUA, BEL, ES, CR, PAN). Filters: duration of stay in the country, age, and employment sector. • 606 interviews in countries of origin (HON, NIC). • 38 group sessions (migrants, family members, and employers). • At least 40 interviews with key informants in the region. • A legal analysis of the existing legislation. • Workshops to validate results.

4. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION RESULTS FROM THE INTERVIEWS TO MIGRANTS AND THEIR FAMILIES (2010)

5. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – SOCIO-DEMOGRAPHIC PROFILE AGE The interviewed migrants were of productive age, and 57% were under 35 years old. By nationality, Nicaraguan nationals were the youngest interviewed migrants: 50% of them were under 29 years old. Belizean nationals were older: 32% of the interviewed migrants were 40-56 years old.

6. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – SOCIO-DEMOGRAPHIC PROFILE EDUCATION The education level of migrants is very low: 66% of them had not finished elementary school. Most of these were Belizean and Salvadoran nationals. The opposite was observed for Panama: 80% of the interviewed workers had finished high school and college. WOMEN Migrant women were predominantly employed in household work, except for Colombian and Nicaraguan nationals, many of whom were engaged in the service sector.

7. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – CAUSES OF OUT-MIGRATION Category Immigrants Families & Returned Causes of Out-Migration Total Guatemala El Salvador Costa Rica Panama Belize Total No employment 58 63 70 64 54 37 88 Improve quality of life 9 6 12 14 7 9 -- Very low salaries 8 13 7 6 3 9 -- Family matters 5

8. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – DISCRIMINATION 8

9. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – LABOUR RIGHTS Most interviewed workers expressed that they did not have an employment contract. Only 49% had made any claim – fear of being fired prevents them from taking relevant actions. 9

10. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – LABOUR RIGHTS Employers need migrants since they are better workers than national citizens: work long hours, littlepressure regarding payment and compliance with their rights. Recognize that they are of great value to their enterprises. Employers Limited labour and social liability with immigrants, especially irregular immigrants. While most of them acknowledge the existence of labour legislation, more than 50% expressed that it is not implemented. Greater level of compliance in larger, more established enterprises. Employers from countries of origin are less accepted than those from countries of destination, especially due to the type of treatment and salaries. 10

11. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCURRENT SITUATION – LABOUR RIGHTS How are the labour conditions of immigrants in the enterprise where they work? Safety Salaries Rights Treatment • Lower than national wages: the fact of being irregular is an incentive to attract them. • - They believe that both sides win: “They provide employment and pay lower wages”. • - The fact of not paying benefits is attractive to them. • Employers state that they treat national and foreign citizens in a similar manner. • Workers contradict this: wages, holidays, working hours, insurance. • - In countries of out-migration it is stated that low wages are paid. - In construction and agriculture, a certain level of safety equipment exists: hard hats, masks. - More common in large enterprises. - Most countries do not provide any support. • Large enterprises recognize them – tourism, construction, agriculture sectors. • Household workers have less rights. • - Regular workers: have access to better positions, according to their education. • Legal requirements are no hindrance to recruiting – the problem stays with the immigrant: Name, identity card – CA4, passport. • Very few claims due to incompliance: “They are afraid of being fired or they think that it is a waste of time”. • Immigrants have no information about the organizations where they can request support or information about their rights in regard to employers. 11

12. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementCHALLENGES RELATING TO MANAGEMENT RESULTS FROM FOCAL GROUPS OF MIGRANTS, EMPLOYERS, AND FAMILY MEMBERS OF MIGRANTS

13. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementA MODEL FOR INTERPRETING DATA Stages of the Migration Process (Oxford School: ADJUSTED) This is the stage that has been less studied. During this stage, family members in countries of origin and social networks have the greatest impact on the decision of potential migrants. Several phases: 1) Decision-making phase; 2) Preparation phase; and 3) Re-organization phase. PRE-MIGRATION STAGE Begins when a decision is made to migrate and ends when the movement begins. If migration is irregular, this could be the stage that involves the greatest risks to the integrity of the migrant. Three phases: 1) Leaving the country of origin; 2) Migration; and 3) Entry and movement in the country of destination. MIGRATION STAGE Begins when the movement begins and ends when the movement ends. POST-MIGRATION STAGE Begins when the movement ends and ends when the person settles permanently in the country of origin or destination. This is the stage with the most significant cultural impacts for the migrant. Several phases: 1) Arrival; 2) Protected phase; 3) Autonomous phase, and 4) Return and reintegration.

14. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPRE-MIGRATION STAGE: CHALLENGES This is the stage that has been less studied. During this stage, family members in countries of origin and social networks have the greatest impact on the decision of potential migrants. Several phases: 1) Decision-making phase; 2) Preparation phase; and 3) Re-organization phase. PRE-MIGRATION STAGE Begins when a decision is made to migrate and ends when the movement begins.

15. Decision-making Phase (the decision to migrate is made) The decision to migrate is usually made in an uninformed or ill-informed manner (myths). The decision to migrate is frequently driven by family or social pressure (often also based on myths). The decision to migrate is usually made at a family level. Presence of “recruiters” in communities of origin that often deliberately lie about the labour conditions (recruiting). Preparatory Phase (the journey is prepared) Limited information sources (options to migrate in a regular manner are not known). A mistaken concept exists regarding what the journey involves. Frequently informants “give wrong information” about the travelling conditions. Migrant smugglers often lie about the travelling conditions. Debts are incurred or savings are used to pay for the journey. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPRE-MIGRATION STAGE: CHALLENGES What happens during this stage?

16. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPRE-MIGRATION STAGE: CHALLENGES Family and Financial Re-Organization (the family, business, etc. is prepared) A real and formal re-distribution of family roles is made. Changes in roles are often an imposition and not a choice. Persons who take on the new family roles are not ready, are not prepared, and/or are not mature. Frequently, resistance exists to acknowledge a change in family roles. Decisions are made based on financial and emotional assumptions which arebased on myths or erroneous information. What happens during this stage?

17. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementMIGRATION STAGE: CHALLENGES If migration is irregular, this could be the stage that involves the greatest risks to the integrity of the migrant. Three phases: 1) Leaving the country of origin; 2) Migration; and 3) Entry and movement in the country of destination. MIGRATION STAGE Begins when the movement begins and ends when the movement ends.

18. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementMIGRATION STAGE: CHALLENGES Migration Phase Identity and travel documents are concealed when initiating migration. Migrants make themselves “inaccesible” to authorities and “accesible” to employers / intermediaries. In some case, migrants have limited access to information and practically nosocial network in transit countries. Interlocutors in the labour relationship often change. Phase of Entry and Movement in the Country of Destination Concealing identity and travel documents. The migrant tries to go unnoticed, at any cost. Persons are not always prepared for the journey. What happens during this stage?

19. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPOST-MIGRATION STAGE: CHALLENGES POST-MIGRATION STAGE Begins when the movement ends and ends when the person settles permanently in the country of origin or destination. This is the stage with the most significant cultural impacts for the migrant. Several phases: 1) Arrival; 2) Protected phase; 3) Autonomous phase, and 4) Return and reintegration.

20. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPOST-MIGRATION STAGE: CHALLENGES Arrival Phase The first social referents are established or ratified. The employer/intermediary can deliberately isolate the worker to become his or her only referent. Initial “definitive” labour conditions are negotiated. Sometimes the employer withholds the identity and travel documents, as a control strategy (a potential indicator of trafficking in persons). Protected Phase The migrant establishes “tutors” during his adjustment and settlement process. These tutors do not always protect the interests of the worker (employer, intermediary, foreman). Foremen are often selected that have the same nationality as the workers and thus, become “tutors” more easily. What happens during this stage?

21. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPOST-MIGRATION STAGE: CHALLENGES Autonomous Phase In its initial phase, savings are prioritized and living conditions become precarious. In face of the cultural shock, if integration is not achieved: The phenomenon of “separation” may occur. The phenomenon of “marginalization” may occur. In some cases family reunification is attempted, even if this involves irregular migration of unaccompanied boys, girls, and adolescents. What happens during this stage?

22. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementPOST-MIGRATION STAGE: CHALLENGES Return (and Reintegration) Phase A cultural shock may occur if reintegration is not achieved: The phenomenon of “separation” may occur. The phenomenon of “marginalization” may occur. The debts incurred to cover migration costs have to be paid. In view of a potential return, if no efforts are made to reintegrate certain migrants, they will very likely migrate again. What happens during this stage?

23. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementREGULATORY CHALLENGES FOR MANAGEMENT RESULTS FROM THE LEGAL ANALYSIS OF CURRENT REGULATIONS

24. AT A POLICY LEVEL Ministries of Labour are in charge of formulating or recommending labour policies. Directorates of Migration are in charge or recommending and/or implementing migration policy. However, it has not been clearly established who should dictate migration-labour policy. An express migration-labour policy does not exist in any of the analyzed countries. Policy on free movement exists but no policy on free employment exists in the region. AT A PROCEDURE LEVEL Except for Guatemala, no regulation are in place that establish the criteria for granting employment permits in the region. Procedures begin at the Ministry of Labour and end at the Directorates of Migration, but no obligations have been established between both. It is not mandatory for Directorates of Migration to inform Ministries of Labour about the number of permits that have been granted. No established maximum terms exist for authorizing and granting an employment permit. Unregularized Migration Flows: Current Situation and Challenges regarding ManagementREGULATORY CHALLENGES FOR MANAGEMENT

25. AT A PROCEDURE LEVEL Limitations exist in several countries regarding the % of migrant workers by enterprise and the salaries to be paid. No differences by sector have been established in these countries. Procedures to obtain an employment permit may only be initiated by the employer. In general, the procedures to obtain an employment permitin the analyzed sectors are the same as for medium-qualified workers. No specific procedures are in place to regulate insurance and access to social services for migrant workers. Unregularized Migration Flows: Current Situation and Challenges regarding Management LEGAL CHALLENGES FOR MANAGEMENT

26. PROTECTION FOR MIGRANT WORKERS Appropriate regulations on recruiting do not exist in countries of origin and destination. Punishment for persons hiring migrant workers is minimum or inexistent. No formal agreements exist on collaboration between consulates and labour inspection units. Labour inspection actions are weak or weakened. It is not clear if Ministries of Labour may punish persons who hire irregular migrant workers, or if this can only be done by Directorates of Migration. Unregularized Migration Flows: Current Situation and Challenges regarding Management LEGAL CHALLENGES FOR MANAGEMENT

27. Thank You sgutierrez@iom.int