Globalisation, Migration and the Trade Unions: Issues and Responses

1. Globalisation, Migration and the Trade Unions: Issues and Responses Decent Work for All ASIAN DECENT WORK DECADE 2006-2015 Elsa Ramos-Carbone ILO Regional Office for Asia and the Pacific

2. Presentation for ILO/FTUB Workshop on Migration and TraffickingMae Sod, 5-9 January 2009 With thanks to my ILO colleagues: - Manolo Abella • Geoffrey Ducanes • Luc Demaret • Piyasari Wickramasekara • TICW Staff, ILO-SRO Bangkokand to the FTUB

3. CONTENTS • Part 1: Globalisation and migration: the context, issues and responses • Part 2: The rights of migrant workers: How ILO Standards can make a difference • Part 3: Trade union action

4. PART 1 PART 1: Globalisation and Migration: Facts and figures, issues and responses

5. Perspectives on global migration • Migration is as old as history, and is now an increasingly global phenomenon. • It is likely to increase in the future, not decrease. The issue is how to govern or regulate - and not how to stop – migration. • Migration can benefit all parties- source and destination countries and migrant workers themselves – provided it is governed well.. • Respect for migrant rights is essential for ensuring and sharing benefits from migration.

6. International migrants are mostly workers • Total migrants (population resident outside their countries of origin) in 2005: 191 million – 3 per cent of global population. (UN Population Division) • Total number of migrant workers (according to ILO estimates): about 90-95 million. • Total refugees in 2005: 13.5 million (10.8 in South (7.8mn in Asia; 3mn in Africa; 2.7mn in developed countries) • Asylum seekers – about one million • About 90% are migrant workers & their families.(roughly 170 million)

7. Feminization of migration Global trend on the feminization of labour migration: - Most evident in Asia: 50 – 50 men and women In 2000: 5 million migrant women and 4.9 million migrant men

8. Driving forces • Widening Income gap • Global competition • Demographics • Social change

9. In Asia • Growth has fostered progressive integration of labour markets in the region • But income differentials among countries have not narrowed • Labour migration may be widening in-country income differentials

10. Projection of future additional demand for foreign workers

11. Issues to be addressed in governance of international migration • Protection from exploitation and abuse of migrant workers • Growth of irregular migration including smuggling and trafficking of persons • “Brain drain” from developing countries • Poor integration of migrants in host societies • Poor governance of migration – • most policies focus on control and prevention of migration • Lack of a multilateral regime or framework to address above issues in an integrated and coherent manner

12. Part II: The rights of Migrant Workers: How ILO standards can make a difference

13. What is the rights-based approach? • No need to invent new standards • UN Treaties apply to migrants • One UN treaty devoted to migrants • ILO standards are key instruments • All ILO standards apply to ALL Migrants

14. Why a rights-based approach • Human rights are universal • All persons have legal personality • All are equal before the law • All are entitled to protection against discrimination

15. The three pillars of rights-based approach • Convention 97 • Convention 143 • International Convention on the Rights of All Migrant Workers and Members of their Families (the UN Convention)

16. ALL ILO Standards apply to ALL Migrants • Ratified Conventions apply • Unratified Conventions and Recommendation a source of inspiration for lawmakers and judges • ILO standards make a difference

17. ILO Fundamental Conventions • Freedom of Association (C87, C98) • Non-discrimination (C100, C111) • Eradication of Child Labour (C138,C182) • Prohibition of forced labour (C29,C105)

18. Migrant specific International Instruments • ILO Conventions • the Migration for Employment Convention (Revised), 1949 (No. 97) – 46 ratifications • the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) – 22 ratifications • United Nations • International Convention on the Protection of the Rights of All Migrant Workers and Members of their families, 1990 – 37 ratifications. (in force since mid-2003) • 79 countries have ratified at least one instrument.

19. ILO Migrant Workers Conventions (C97 and C143) Underlying principles • Equal treatment (C97, C143) • Equal opportunity (C143) • Respect for basic human rights (C143)

20. ILO Migrant Workers Conventions (C97 and C143) Three policy proposals: * Tripartism in devising migration policies • Equal rights instead of competition * Legal avenues instead of irregular migration

21. ILO Convention 97: Migration for Employment Convention • Definition of migrant workers • Equal treatment for regularly admitted migrants: • Salary • Working conditions (hours, overtime,holyday) • Social security • Trade union rights • Benefits of collective bargaining

22. ILO Convention 143 Full title: Convention concerning Migrations in abusive conditions and the Promotion of Equality of Opportunity and Treatment of migrant workers

23. ILO Convention 143 • Articles 1 to 7: • Cooperation against irregular migration • Sanction against recruiters or employers (not against workers) • Prosecution regardless of where recruiters operate from • Tripartite consultation and right of initiative to fight abusive conditions

24. ILO Multi-Lateral Framework on Labour Migration Rights-based principles & guidelines for both sending and receiving countries 15 principles, covering 9 key dimensions: • decent work, • means of international cooperation, • protection of migrant workers, • global knowledge base, • management of labour migration, • protection of migrant workers, • preventing/protecting against abusive recruitment practices, • migration process, • social integration & inclusion, • labour migration & development

25. The impact of ILO Standards • They cover many trade union concerns • Ratification can make a difference • Trade unions should campaign for ratification • ILO Supervisory mechanisms are unique

26. Promoting the rights-based approach • ILO and UN Conventions complement each other • A Unique source of protection for both migrant and national workers • Once ratified make a difference • Limit governments appetite for constant changes in migration policies • Together they contribute to maximize benefits of migrations for all. • It is now up to trade unions to campaign for ratification and implementation!