Access to social protection for migrants from a South-South perspective

1. Access to social protection for migrants from a South-South perspective Caribbean Forum on Population, Migration and Development Guyana, 9-10 July 2013 Berta Fernández Migration and Development Expert

2. Intra-ACP Migration Facility • Objective: improve management of South-South migration flows to enhance their positive impact on development • 12 Pilot countries : West Africa (ECOWAS): Nigeria, Senegal– East Africa (EAC): Kenya, Tanzania – Central Africa (ECCAS): Cameroon, DRC – Southern Africa (SADC): Angola, Lesotho – Pacific (PIFS): TL, PNG – Caribbean (CARICOM): Haiti, T&T www.acpmigration.org www.acpmigration-obs.org

3. INTERNATIONAL FRAMEWORK FOR PROTECTION OF MIGRANT WORKERS • International legal framework(ILO C97, C143, R86, R151, UN 1990 Migrant Workers and their families, UNODC Transnational Organized Crime). • Specific instruments directly related to social security (ILO C19, C118, C157, R167).

4. United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

5. “Migrant workers often face inequality and discrimination in accessing healthcare, thus leading to reduced health outcomes.  States should extend social and health protection to this group.    There is a need for a paradigm shift away from the market to ensure non-discriminatory access to medicines.”  Thematic report on the health of migrant workers Anand Grover, Special Rapporteur on the Right to Health Human Rights Council, 27 May 2013   Francois Crepeau, Special Rapporteur on the human rights of migrants: “It is regrettable that within the European Union policy context irregular migration was largely viewed as a security concern rather than as a human rights issue”.  During his visits he had observed that the systematic detention of irregular migrants had come to be viewed as a legitimate tool in the context of migration management.

6. WHAT DO OUR POLICIES SAY ABOUT US?

7. ARE IMMIGRANTS A BURDEN TO WELFARE STATES? • IT DEPENDS ON • Age of arrival (young usually) • Education level (higher education/job, higher pay/taxes) • Workers to retirees ratio • Region of origin • Gender and population (reproductive years) • Migration status (regular or irregular) Social Security is in crisis: improve workforce participation, decrease employers evasion of payments, discourage early retirement, and reform pension schemes

8. Nature of migration flows affects protection levels • North-North: best position, bilateral policy • South-North: access to developed social security systems in host countries + export of pensions...as long as you are documented. • South-South: most disadvantaged – access to social protection and portability arrangements. Requires policy interventions to foster basic social rights for migrants and sensible migration policy frameworks. Different Policy and Reality Implications

9. Regional blocks & countries deal differently • Regional economic blocks with strong social security institutions (ej. EU): Bilateral agreements and portability arrangements • Regional economic and integration areas among low or medium income countries (ej. SADC) • No ideal model to enhance migrants formal social protection. Migration IS main social protection instrument, social risk management strategy Source: UNDESA 2012

10. Priorities in South-South migration (1/5) I) Improve legal position of migrants to gain access to social rights. • Basic rights (freedom of exploitation, wages paid in time, safe workplace conditions), independent of legal status. • Maximize development impact, avoid social dumping.

11. Priorities in South-South migration (2/5) II) Develop a migration policy framework • Demand and supply driven • Circular migration schemes (regular status and access to formal social protection): seasonal or sector specific, and time limited. • Control based programs are less likely to work between low and middle-income countries.

12. Priorities in South-South migration (3/5) III. Ensure portability of legally available benefits for migrants • Workers’ compensation benefits, severance and provident funds payments. • Benefits are legally exportable but paid as lump sum. Poor implementation of cross-border payments (exportability)

13. In the region… • Impact of CARICOM agreement is limited to 15% coverage. • Implementation of CARICOM portability agreement is not effective.

14. Priorities in South-South migration (4/5) IV. Ensure access to safe and affordable remittance channels and financial sector (including financial education) • Welfare of families back home • Access to banking sector has poverty alleviation effect

15. Priorities in South-South migration (5/5) V. Expand research on labor market conditions in receiving countries. • Do migrants displace local workers or do they serve different market segments? • Relative wellbeing as compared with country of origin • Are labor market regulations, unemploytment benefits and social assistance programs relevant for reality? Labor inspectors are enough?

16. WHY SHOULD WE CARE? • Spiritual/Compassion reasons? We are all migrants in this world… • Human Rights are for All? Second class human beings…vs. We are all Equal (Empathy) • To uphold hardly acquired Labor Rights? We are all workers with the right to same benefits and conditions, provided we fulfill our obligations as members of our communities • Walk the talk: legitimacy of demands for OUR migrants…shared responsibility. • It makes economic sense: impact on social and economic development of host countries…3 Ds