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The role of pre-departure training programmes in the development of BLAs: A general overview. Dr. Héctor Cebolla and Prof. Gemma Pinyol UNED Pan-European Conference – Work: a tool for inclusion or a reason for exclusion? - OIM 6 November, Valletta. Framing the discussion.
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The role of pre-departure training programmes in the development of BLAs: A general overview Dr. Héctor Cebolla and Prof. Gemma Pinyol UNED Pan-European Conference – Work: a tool for inclusion or a reason for exclusion? - OIM 6 November, Valletta
Framing the discussion • Gap hypothesis: policies - results • Policies are not well designed • Policies are endogenous to short term economic incentives • Need to design better policies or to incorporate mean/long term economic incentives • Dialogue and cooperation with third countries (BLAs…) as an emerging field for policy innovation • Mobility is an essential feature of our time (even where and when immigration is not needed). • Respect the interest of sending countries (win win solutions) • Fight agains irregular migration • Grant Human Rights
How to organize relations with sending countries? • Laissez faire (unproductive)… • Our focus • Second generation bilateral agreements • Pre-departure programs • Why? • So far not necessarily linked • Oversized role of NGOs (rights…) • Our view • To integrate them as part of migration policies • To formalize in the context of BLAs • To enlarge the list of relevant stakeholders
These two instruments… imply gaining efficiency in… • Improve relations with third countries (stability of bilateral agreements) • Regulate entries and departures • Enhance the role of diasporas in the transmission of information, other resources and values. • Improves the match with labour market needs over the short-long term • Different forms of recruiting foreign workers: • Sector-based schemes; • Skill-based schemes;
Bilateral Labour Agreements (1) • BLAs formalize each side’s commitment to ensure that migration takes place in accordance with agreed principles and procedures; • Legal certainty • Generally do not include pre-departure programs • BLAs are an important mechanism for inter-state cooperation: • to protect migrant workers; • to match labour demand and supply; • to manage irregular migration; • to regulate recruitment.
Bilateral Labour Agreements (2) • Variety of BLAs: • Agreements on short-term (guestworkers); • Seasonal workers agreements; • Trainee agreements (prácticas profesionales); • Cross-border worker agreements • Particularly used to… • Protect special post-colonial or political relationships; • Promote cultural ties and exchanges; • Reinforce cooperation in managing irregular migration.
Bilateral Labour Agreements (and 3) • In some cases (South East Asia) • BLAs involve the participation of government agencies; migrant workers and employers; private and non-governmental organizations; • Malaysia, Philippines • Weaker focus on rights • In Europe, • Public administrations control the process (better protection of workers and greater control over the performance of employer, but also more bureaucracy and less agility in the process); • In some countries, regional governments are also involved in recruitment.
An example… • Spain innovated in the modernization of BLAs. • Traditional agreements: • 1960 France, Belgium, Netherlands Francia with Algeria, Morocco and Tunisia • 2000 Spain with Colombia and Ecuador • New EU global approach. Incorporate technical cooperation and development policies • Less of a hierarchy between sending and destination… • Discussion of common and particular interests • 2004-2013 Plan(es) África
BLAs in the Spanish context (1960-70) • 60s-70s: Bilateral agreements with Western European countries: • Austria (1965); Belgium (1958); France (1932 and 1961); Germany (RFA, 1960); Netherlands (1961); and Switzerland (1961) • First immigration law came into force in 1985 as a pre-requisite for the EC accession.
BLAs in the Spanish context (2000-2001) • Promoting regular migration (quota system 1993); • Collaboration with third countries (readmission and labour migration agreements) • 2001-2004: First generation agreements: • Ecuador and Colombia (2001) • Then main sending countries: Morocco, Colombia and Dominican Republic • New countries of immigration: Bulgaria, Poland and Romania (¿cultural preferences?).
Content of first generation BLAs • Main characteristics: • Preferential information on labour demands (quota system); • Protection of foreign workers’ rights; • Temporary workers; • Voluntary return.
BLAs in the Spanish context (3): second generation • Ceuta and Melilla events and the Cayucos crises • Migratory diplomacy: Action Plan for sub-Saharan Africa (Plan África) and Rabat Conference on Migration and Development; • Reinforcement of bilateral relations with third countries of migration (both transit and origin): Migration Cooperation Agreements
BLAs in the Spanish context: Second generation agreements • Comprehensive approach to the migration phenomena; • Maintain: • Managing labour migration flows (through quota system); • Readmission clause (cooperation in fighting irregular migration); • Promotion of voluntary return • Innovations • Integration of migrant workers into the host labour market (formation courses, etc.) and into the host society (NGOs, CC.AA.); • Fighting trafficking and smuggling of people; • Linking migration and development (technical cooperation; projects; etc.)
Pre departure training programs • Increase efficiency in the implementation of BLAs • Reduce the vulnerability of migrant workers • Increase readiness of potential workers to join the labour force • Informed and empowered workers • “Pre-departure” refers to the period during which a migrant worker makes the decision to migrate, recruitment for work and pre-leaving
Where? When? • Cleavage between sending and (Asia) receiving (Europe) countries • Traditional countries (Europe) train in destination as part of integration policies • Content restricted to rights and not intended to provide with the broader picture of what awaits in destination • Europe imposes pre-departure requirements for reunified members of migrating families • Netherlands, France, Denmark, Germany, Austria and the UK • Mandatory to link pre-departure programs to after-arrival and reintegration programs.
Content of pre-departure training for workers • Psico-social dimension: • Cost and benefits of migration • On the family and social networks • Economic • Awareness of risks • Labour dimension • Situation of destination labour market and dynamics • Rights and duties • Skills and their certification in destination • Sociocultural dimension • Language • Values, attitudes and practices • Practical issues: transport, social services…
Pre departure training: target groups specificities • Families (reunification) • Psico-social (costs, benefits) • Access to social services: educational system and healthcare • Skilled vs. Unskilled • Compulsory (o no)
Elements to be discussed • Target population / register • If there is a prior call for workers (specific posts). • To any applicant • Broaden the list of relevant stakeholders (private sector, NGOs, IOM, other International migration, local and regional government) • So far mostly controlled by NGOs • Involve them in deciding • The content of programs • Continuation of training in destination • Assistance if required (especial if nominal offers)
Elements to be discussed (2) • Linking pre-departure training, integration in destination and reintegration in origin • Role of diasporas and returnees as information providers, and resources for networking • What happens if candidate fails to meet requirements • Netherlands: language
Caveats • Going beyond the formal implication of the private sector: firms to give content, assistance and funding • Development of infrastructure in origin: should it rely (too much) on consulates? • Evaluation: insufficient tools and tradition • Unclear whether migrants gets the appropriate trainning
Other externalities • Very political. Is it a way to migration choisie? • Convergence of educational systems • Implications for the brain drain vs. brain circulation debate (win-win solution) • Ending gap between policies and results • Increase efficiency of control policy
Conclusions • Make of pre-departure programs an integral part of… • Bilateral dialogue (BLAs…) • Migration policies (control and integration) • Enlarge the list of stakeholders, particularly the private sector • Equilibrate participation between NGOs, private sector, administrations and international organizations • Redefine contents • Link to integration and reintegration • Content: psyco-social + labour + socio-cultural dimensions