TRAINING MODULES

ON LABOUR MIGRATION
MANAGEMENT
Trainer’s Manual
Organization for Security and
Co-operation in Europe

1
 The materials in this publication are for information purposes only. While the IOM and OSCE
endeavour to ensure the accuracy and completeness of the contents of this publication, the
views, findings, interpretations and conclusions expressed herein are those of the researcher and
contributors and do not necessarily reflect the official position of the OSCE and its participating
States or of the IOM and its Member States. The IOM and OSCE do not accept any liability for
any loss which may arise from the reliance on information contained in this publication.

ISBN: 978-3-9502218-7-9

© 2010 Organization for Security and Co-operation in Europe (OSCE); www.osce.org

International Organization for Migration (IOM); www.iom.int

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system,
or transmitted in any form or by any means, electronic, mechanical, photocopying, recording,
or otherwise without the prior written permission of the publishers. All illustrations used in the
publication are copyrighted and remain the full property of IOM and OSCE.

International Organization for Migration (IOM)

17, Route des Morillons
CH-1211 Geneva 19 - Switzerland
Tel: +41 22 717 9111
[email protected]

Office of the Co-ordinator of OSCE Economic

and Environmental Activities / OSCE Secretariat
Wallnerstrasse 6
A-1010 Vienna, Austria
Tel.: +43 1 514 36 6295
[email protected]

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TRAINING MODULES
ON LABOUR MIGRATION
MANAGEMENT

Trainer’s Manual

The production of the Trainer’s Manual

was made possible with financial support of the
OSCE Greek Chairmanship in 2009 and the 1035 Facility of the IOM.

3
 Foreword
We are pleased to present the new Training Modules on Labour Migration Management – Trainer’s Manual
produced by the International Organization for Migration (IOM) and the Organization for Security and Co-
operation in Europe (OSCE) to guide trainers and migration experts on how to conduct comprehensive
labour migration training. This Manual complements the OSCE-IOM-ILO Handbook on Establishing
Effective Labour Migration Policies.

International migration has increased significantly in recent years. The total number of international migrants
is estimated to reach 214 million in 2010, of which about half are thought to be migrant workers. Also, an
increasing number of migrant workers are women, which gives rise to new challenges for policy-makers
and practitioners. While the majority of migrants originate from developing countries and countries in
transition, labour migration is not only a “South-North” and “East-West” phenomenon, but also a “North-
North” and “South-South” phenomenon. Many countries today are simultaneously countries of origin,
transit, and destination.

Labour migration is fueled by many “pull” and “push” factors. The “pull” factors include labour market
needs and demographic trends like the aging of populations in countries of destination. The “push”
factors include the widening gap of wage differences and unemployment in countries of origin. As long as
these factors remain in a globalized world, labour migration will continue to increase. This is a transnational
phenomenon that cannot be managed solely at the national level if States wish to realize effective, fair and
sustainable labour migration solutions. It requires cooperation. The need to develop closer cooperation at
bilateral, regional and global levels is being realized by a growing number of countries.

Likewise, the need for dialogue, cooperation, and exchange of experiences and good practices is
increasingly reflected in international and regional fora established on international migration, such as
the Global Forum on Migration and Development, regional consultative processes (RCPs) on migration
supported by IOM, and the OSCE Economic and Environmental Forum, where its participating States
initiated a dialogue in 2009 on “Migration management and its linkages with economic, social and
environmental policies to the benefits of stability and security in the OSCE region”.

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 TRAINING MODULES ON LABOUR MIGRATION MANAGEMENT
Trainer’s Manual

This Trainer’s Manual responds to the global demand to provide trainers and migration experts with a
comprehensive, interactive, practical, and flexible training tool for effective labour migration management
in both countries of origin and of destination. The training is targeted at helping policy-makers and
practitioners to design, revise and implement more effective labour migration policies and programmes.

To encourage interactive learning, the Trainer’s Manual has been designed to contain a number of
participatory group activities and case studies. Each module is also supported by a separate PowerPoint
presentation. All the materials can be found on the CD-Rom enclosed in this Manual.

We are grateful for the financial support of the Greek Government and the IOM’s 1035 Facility, which made
the production of this Manual possible.

We hope that trainers and experts, in both OSCE participating States and IOM Member States, will find the
Trainer’s Manual helpful in their training activities aimed at developing new skills and knowledge on how
to build more effective labour migration policies and programmes.

William Lacy Swing Marc Perrin de Brichambaut

IOM Director General OSCE Secretary General

5
List of contributors
Alexandre Devillard (Researcher, Labour and Facilitated Migration Division, IOM Geneva)

With contributions from:

Pins Brown (Senior Consultant, Ergon Associates)

Ryszard Cholewinski (Senior Migration, Policy and Research Specialist, Migration Policy, Research Division, IOM Geneva)
Lindsay Edwards (Consultant, Labour and Facilitated Migration Division, IOM Geneva)
Steve Gibbons (Director, Labour Rights, Ergon Associates)
Shahidul Haque (Regional Representative, IOM Cairo)
Petra Neuman (formerly Labour and Facilitated Migration Specialist, Migration Management Services Department, IOM Geneva)
Roberto Pitea (Research and Project Officer, IOM Cairo)
Paul Tacon (Associate Programme Officer, Labour and Facilitated Migration Division, IOM Geneva)
Elizabeth Warn (Labour Migration Specialist, Labour and Facilitated Migration Division, IOM Geneva)

Acknowledgments
Many persons within and outside IOM and OSCE have to be acknowledged for their inputs and comments during the
formulation of the Training Modules on Labour Migration Management:

Marthe Achtnich (formerly at Migration Management Services Department, IOM Geneva)

Drissa Baraoui (Training Manager, ANAPEC, Morocco)
William Barriga (Head of Labour and Facilitated Migration Division, IOM Geneva)
Miriam Boudraa (Programme Officer, International Training Centre of the ILO)
Katherine Dunn (Independent Consultant)
Anelise Gomes de Araujo (Independent Consultant)
Monica Gutierrez Arques (Adviser on Gender Issues, OSCE Gender Section)
Irina Ivkhnyuk (Senior Researcher and Deputy Director, Faculty of Economics, Moscow State Lomonsov University, Russian Federation)
Judith Kammerer (Formerly Project Development Officer, IOM Pretoria)
Sergey Khrychikov (Administrative Officier, Migration and Roma Department, Council of Europe)
Aiko Kikkawa (Head of Labour Migration Unit, IOM Manila)
Marta Kindler (Migration/Freedom of Movement Adviser, Office for Democratic Intuitions and Human Rights, OSCE)
Christiane Kuptsch (Senior Specialist on Migration Policy, International Migration Programme, ILO)
Abdelkarim Lghali (Professional education and coordination expert, ANAPEC, Morocco)
Lovorka Marinovic (Chief of Mission, IOM Zagreb)
Kristina Mejo (Regional Programme Manager, IOM Dhaka)
Blandine Mollard (Project Officer, Gender Unit, IOM Geneva)
Catarina Reis Oliveira (Head of Unit, High Commissioner for Immigration and Intercultural Dialogue (ACIDI), Portugal)
Barbara Rijks (Health Migration Officer, Migration Health Department, IOM Geneva)
Jo Rispoli (Programme Manager, IOM Accra)
Pier Rossi-Longhi (Technical Liaison Officer to the OSCE, UN and IOs, IOM Vienna)
Ronald Skeldon (Professor, University of Sussex, United Kingdom)
Federico Soda (Senior Regional Programme Development Officer, IOM Bangkok)
Amaia Sotes Linares-Rivas (Economic Affairs Officer, Office of the Co-ordinator of OSCE Economic and Environmental Activities, OSCE)
Pindie Stephen (Senior Migrant Training Officer, IOM Manila)
Naomi Uliel (Database and Web Assistant, International Migration Law and Legal Affairs Department, IOM Geneva)
Vassiliy Yuzhanin (Chief of Mission, IOM Baku)

Project Managers:
Ricardo Cordero (Senior Labour Migration Expert, Migration Management Services Department, IOM Geneva)
Nina Lindroos-Kopolo (Senior Economic Officer, Office of the Co-ordinator of OSCE Economic and Environmental Activities, OSCE)

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 TRAINING MODULES ON LABOUR MIGRATION MANAGEMENT
Trainer’s Manual

Table of contents
Foreword 4
List of contributors 6
Acknowledgments 6
Project Managers 6
Preparing for the training 8
Suggested agenda for five days of training 13
Trainer’s pre-training checklist 16

Training Modules on Labour Migration Management

Module A: Introduction 18

Course 1: International legal and cooperation framework for the development

of labour migration policies
Introduction to Course 1 36
Module B: International legal framework for the protection of migrant workers 37
Module C: International cooperation for the facilitation of labour migration 65

Course 2: Developing labour migration policies in countries of origin

Introduction to Course 2 98
Module D: Protection of migrant workers: Policy options for countries of origin 99
Module E: Developing labour market strategies, including addressing the challenges
165
of highly-skilled migration
Module F: Enhancing migrant workers’ contribution to the development of countries
201
of origin

Course 3: Developing labour migration policies in countries of destination

Introduction to Course 3 240

Module G: Assessing the need for foreign labour 241
Module H: Designing labour admission policies 275
Module I: P
 rotection of migrant workers and integration: policy options for countries of
305
destination
Module J: Measures to prevent and reduce irregular labour migration 335

7
Preparing for the training

Preparing for the training

Familiarization with the training materials

Trainers will need to be familiar with the materials for this training, including the detailed content of each
training module and the specific activities, as well as the timing and involvement of participants. Key points
to note include:

• The training materials and supporting information:

- Comprehensive Trainer’s Manual (this manual).

- The content of the Trainer’s Manual is based on the following publication:

o B
 aruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies,
OSCE, IOM, ILO, 2007.

- Handouts and worksheets for participants in the course.

- Other publications that complement the Trainer’s Manual:

o IOM, Glossary on Migration, 2004.

o IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, 2008.

o OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009.

• Aims and objectives of the training

These are set on pages 4-5. Aims and learning outcomes for individual modules are shown on the relevant
pages.

• Training structure
The training is structured into ten training modules, forming part of three different courses, which together
should take five days to complete. The modules are composed of sessions of varying length and need to
be adjusted to fit the particular timing agreed upon with the host government.

The training starts with an introduction to the training programme and to labour migration management
(Module A).

The next two modules (Modules B and C) constitute Course 1, which provides the international legal and
cooperation framework for the development of labour migration policies.

Course 2 is dedicated to labour migration policies in countries of origin. It includes Module D, Protection
of migrant workers: policy options for countries of origin; Module E, Developing labour market strategies,
including addressing the challenges of highly-skilled migration, and Module F, Enhancing migrant workers’
contribution to the development of countries of origin.

Course 3 is dedicated to labour migration policies in countries of destination. It includes Module G,

Assessing the need for foreign labour; Module H, Designing labour admission policies; Module I, Protection
of migrant workers and integration: policy options for countries of destination; and Module J, Measures to
prevent or reduce irregular migration.

8
 Preparing for the training

• Training agenda
The Training Modules on Labour Migration Management are conceived for a one-week training. However,
depending on the specific purpose of the considered training, the timing can be either reduced or extended.
Indicative timings are shown for each training module; these are based on practical experience in running
the training. The training will need to be run tightly in order to fit into the timeframe specified. Trainers will
need to develop a tailored agenda reflecting the agreed start and end times for their particular training. An
annotated version of the course agenda is set out on pp. 13-15.

• Trainer directions
Detailed trainer directions are set out for each training module. These show the steps that trainers should
follow and provide important guidance on content and key messages for each module. Supporting
information is provided to help trainers draw out key learning points and to ensure that the learning
outcomes for each session are achieved. Details of specific activities (e.g. role play, case study discussion,
etc.) are clearly described. Trainers will need to keep in mind whether these are run with the whole group,
in pairs, or in small groups.

• Training approach
This is a participatory and interactive course, and activities are included in most training modules. Trainers
should be aware of the need for, and techniques to ensure, active participation by course participants.
They will need to encourage participants to share their own personal experience with relevant issues, as a
way of enhancing learning by all. However, the tight timeframe means that there are also course elements
where trainers will simplye present information to participants.

Adapting the content of the training modules to the local context

While the training modules have been designed as a basic “ready to go” training, it is important that the
trainer adapt the content to the particular training.

In some cases, this might just mean adding relevant local examples and applying the information to the
local context throughout the training.

In other situations, you might decide to create an entirely new training plan using the basic information
included in the training modules.

These decisions are left to the trainer.

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Preparing for the training

Methodological and other issues for trainers

Below we set out some of the issues that you need to consider when organizing this training course. Many
of these are just as important to ensuring the success of the day as checking that you know the content and
the PowerPoint slides.

The room layout

The way in which the room is laid out and organized is crucial to the success of your course. We recommend
that you organize the tables in ‘cabaret’ style, rather than in a “U-shape.”
10m

10m
360

360
9m 9m

This layout facilitates group work and discussion, which are central to each module throughout the duration
of this training. Throughout each day, you will need to break the participants up into smaller groups; it is
faster if the participants are already sitting in groups and do not have to move constantly for this purpose.
Furthermore, this layout encourages the participants to see discussion and groupwork as the default way of
working.

“U-shaped” arrangements tend to lead participants to give speeches or negotiate, rather than engage with
others in the room.

You should communicate to the venue organisers in advance that you want the room organised in a cabaret
style.

Go to the room either the day before the training or as early as possible on the first day in order to check the
layout and move things yourself if necessary.

Deciding who sits where

On the first day, it is best to allow the participants to sit where they want to for the first session. Once they have
introduced themselves, however, you may want to break up tables that are dominated by one group,country,
or ministry and mix the participants so that all are open to different dynamics. Other issues you may want to
consider in the group organiszation include:

-  anguage – if participants are working in different languages, try to arrange the tables so that they can
L
work in a common language for the group work.

-  ower dynamics – you may want to change the groups around if there are unhealthy power dynamics–
P
e.g. arguments, tensions, or domination or non-involvement of certain individuals – operating at a
particular table.

-  ender balance – try to ensure, given the other issues raised above, that there is a mix of men and
G
women at each table.

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 Preparing for the training

Room comfort
On the first day, it is important to make sure that participants are comfortable in the room and that no
conditions are inhibiting their concentration or participation. Important conditions can include the following
factors:

Sufficient space. Make sure you have checked the day before that there is ample space in the room, so that
participants will not be cramped. Move things around if you have to.

Comfortable room temperature. Check that the temperature is okay for all participants. Ask them during the
first day if it is okay.

Proper lighting. Make sure that blinds are in place so that participants are not scorched by the sun. Ensure
also that the lights are on and the blinds up so that the participants can actually see.

Quiet environment. Noisy neighbours, air conditioners, and road traffic can all prevent the participants from
hearing you and each other. Seek to minimize this where possible. If the noise is really bad and cannot be
reduced, consider asking for a room change.

Engaging the room / maintaining presence

In order to set a good example and encourage participation, it is important that your own lecture and facilitation
style is open and inclusive. Here are some tips:

-  on’t present merely from the front of the room, from behind a lectern or table. Walk around and
D
engage the participants rather than merely talk “at” them.

- Seek to establish eye contact with all participants (not just the ones that you know are interested).

-  ose questions to the group during the presentations in order to recap what you are saying, or to
P
ensure that they follow the discussion. This can be the general, “Any questions at this point?” – which
will lead to few responses – or more specific questions either to start or conclude a discussion, such
as, “What do we think the key components of such agreements are?”

-  hen writing key points made by the group on a flip chart, don’t just write them down with your back
W
to the group. Instead, keep turning around and reinforcing what was said positively, for example, “That
was a good point, I shall write down ‘ensure the rights of labour migrants are clearly communicated.’
Does that capture what you said?”

-  ake positive statements to the group, and make sure the answers seem to come from the group. For
M
example, say, “That is a good point, but we could look at it this way”, rather than “No, the correct point
of view is-.”

-  ry to build issues that have been raised by the participants into subsequent sessions, particularly your
T
presentations, so that they feel that you are listening to them and that they are shaping the way the
agenda is going, for example, “This reflects the point that was made from this table yesterday.”

-  on’t be afraid to recap, to go back over matters that are not clear, and to ask questions to ensure that
D
the group is following the substance and flow of the course.

Be on top of things / take responsibility / support your colleagues

You need to be sure of the timing, the lunch and coffee arrangements, the logistics, etc.

A good trainer knows where lunch will be taken, whether coffee will be available at a particular time, whether
there are certificates, who is responsible for IT at the venue, etc. Even if your colleagues have done all of the
set up for the event, you are the one standing in front of the room, and it is to you that the participants will
look for answers to mundane things. Also, if you run over time and they are late for lunch, it is you that they
will blame.

11
Preparing for the training

You must take some responsibility for everything in the room, from the lighting to the IT. This does not mean
you have to set up the computer, but you need to make sure that someone has set up the computer and that
someone is available to change the lighting or temperature. Similarly, standing up at the end of the last day
and saying, “Who has the certificates and evaluation forms?” makes it look like things are not under control.

Even when not you but a colleague is presenting, you still have responsibility. For example, if there is a
technical problem, go and find a technician while your colleague maintains the group’s attention. During
group work, offer to check in on participants if you have language skills that your colleague does not. Don’t
talk to others during your colleagues’ presentations, and be ready to answer questions or to assist if asked.

If you think you are going to run over your time, or an exercise is taking longer than you think, talk to your
colleague who is running the next session and ask if they mind starting later. It is both sensible and polite!

Be prepared and prepared to use your discretion

Make sure you are well aware not just of how your presentations will work, but also – just as importantly – how
the exercises will work. Make sure you are clear on how to introduce them and what materials the groups will
need.

While a full dry run through of the material is unnecessary, a three-hour meeting of the team delivering this
course is recommended before the first day of the course. Ensure you all know who is responsible for what.

The course may not go as planned; moreover, the participants may express a clear preference for concentrating
more on one issue than another. Therefore, be prepared to make changes to the agenda or allotted times,
but always do this in a way that is both agreed upon with your colleagues and transparent and clear to the
participants. For example, it is better to agree to finish a session with an extra half-hour after lunch, rather
than go to lunch half an hour late, but check that this is okay with the person who is speaking in the afternoon,
and let the participants know what you are doing.

Some sessions may have more information than you need, or the participants may have already raised many
of the points during the course of an exercise or discussion. If so, feel free to cut material and focus your
attention on key issues.

Similarly, if you feel you have better case studies, or examples that are more relevant to the audience or
region, use those.

Give clear instructions for group work, then repeat them.

One of the things that prevent group exercises from working as well as they should is participants’ uncertainty
about what they are supposed to do, or where their materials are, or who is supposed to lead, etc. To avoid
this, state the instructions very clearly, and don’t just rely on the fact that they are written down.

Then repeat the instructions.

Go to each group after a couple of minutes to ensure that they understand what they are doing.

Then go around halfway through the exercise to ensure they are on track and to take any questions.

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 Preparing for the training

Suggested agenda for

the five-day training

Day 1

Course 1: International legal and cooperation framework for the development of

labour migration policies

Module Time Duration Session

9.00 30 min Session 1: Overview of the training
Session 2: Labour migration terminology, trends
9.30 25 min
and characteristics
Module A (2 h 15 min)
Session 3: Introduction to labour migration
Introduction 09.55 35 min
policies
10.30 10 min Break
10.40 45 min Session 4: Country-specific trends

Introducing Course 1 11.25 5 min

11.30 30 min Session 1: Introducing Module B

Module B (2 h 05 min) Session 2: Universal and regional legal

12.00 30 min
frameworks
International legal
framework for the 12.30 1 h 30 min Lunch
protection of migrant Session 3: Migrants’ civil rights, employment
workers 14.00 30 min
related rights and other rights
14.30 35 min Session 4: Group activity and conclusion
15.05 10 min Session 1: Introducing Module C
Module C (2 h) 15.15 15 min Session 2: Global level cooperation
International cooperation 15.30 25 min Session 3: Regional cooperation
for the facilitation of labour
migration 15.55 10 min Break
16.05 1 h 10 min Session 4: Bilateral labour arrangements
17.15 15 min Summary of the day

13
Preparing for the training

Day 2
Course 2: Developing labour migration policies in countries of origin
Module Time Duration Session

Introducing Course 2 9.00 5 min

Session 1: Introducing Module D and Group
9.05 55 min
activity
Session 2: Management of the recruitment of
10.00 40 min
migrant workers
10.40 20 min Break
Module D (4 h 35 min)
Session 3: Employment contracts and minimum
11.00 35 min
Protection of migrant employment standards
workers: policy options for
11.35 55 min Session 4: Information dissemination
countries of origin
12.30 2h Lunch

Session 5: Protection activities in countries of

14.30 1 h 05 min
destination – consular and diplomatic protection

15.35 25 min Session 6: Migrant welfare funds

16.00 15 min Summary of the day

Day 3
Course 2: Developing labour migration policies in countries of origin (cont.)

Course 3: Developing labour migration policies in countries of destination

Module Time Duration Session
9.00 5 min Session 1: Introducing Module E
Session 2: Developing promotion strategies: the
9.05 25 min
context
Module E (2 h 40 min)
Session 3: Group activity: Vasaria’s new labour
Developing labour market 9.30 40 min
migration programme
strategies, including
addressing the challenges 10.10 20 min Break
of highly-skilled migration
10.30 40 min Session 4: The market development process
Session 5: Addressing the challenges of highly-
11.10 50 min
skilled migration
12.00 1h 30 min Lunch

Module F (2h) 13.30 5 min Session 1: Introducing Module F

Enhancing migrant 13.35 35 min Session 2: Remittances

workers’ contribution to the
14.10 45 min Session 3: Circular Migration
development of countries of
origin 14.55 35 min Session 4: The role of the diasporas
15.30 10 min Break
Introducing Course 3 15.40 5 min

Module G (1hr 15 min) 15.45 5 min Session 1: Introducing Module G

Assessing the need for Session 2: Group activity: Discussing quotas in
15.50 1 h 10 min
foreign labour Pontormo
17.00 15 min Summary of the day

14
 Preparing for the training

Day 4
Course 3: Developing labour migration policies in countries of destination (cont.)
Module Time Duration Session
09.30 15 min Session 3: Assessing labour shortages
Module G (45 min)
09.45 5 min Session 4: Policy options to labour shortages
Assessing the need for
foreign labour (cont.) Session 5: Tools for the assessment and
09.50 25 min
designation of levels of need
10.15 15 min Break
10.30 5 min Session 1: Introducing Module H
Module H (1 h 30 min) Session 2: Employment based immigration
10.35 20 min
Designing labour admission systems
policies Session 3: Temporary labour migration systems
10.55 65 min
(including possibilities of settlement)
12.00 1h30 min Lunch
13.30 5 min Session 1: Introducing Module I

Module I (3 h) Session 2: Developing migration policies in

13.35 1 h 20 min
Patinir and Bronzina
Protection of migrant
workers and integration: 14.55 35 min Session 3: Protection in employment
policy options for countries 15.30 10 min Break
of destination
Session 4: Social welfare, integration, and social
15.40 60 min
cohesion
16.40 15 min Summary of the day

Day 5
Course 3: Developing labour migration policies in countries of destination (cont.)
Module Time Duration Session
9.00 30 min Session 1: Introducing Module J
Session 2: Irregular migration : causes and
9.30 15 min
Module J (1 h 35 min) measuring

Measures to prevent or Session 3: Governing principles for addressing

9.45 5 min
reduce irregular migration irregular labour migration

Session 4: Developing best practice policies to

09.50 45 min
prevent or reduce irregular migration

10.35 15 min Break

10.50 50 min Closing session
11.40 End of training

15
Preparing for the training

Trainer’s pre-training checklist

Done? Comments
Agenda reviewed and agreed upon

Other trainers clear on agenda

Materials reviewed and amended

PowerPoint presentations and revised materials

agreed upon with other trainers

All PowerPoint slides approved and copied onto

core laptop

Spare copy of PowerPoint slides on a USB stick

Participants’ materials translated

Participants’ materials printed

Packs sent to (and arrived) at venue

Evaluation forms printed

Certificates prepared

Pre-meeting held with other trainers

Room layout communicated to venue

Participant list checked for potential difficulties

and issues

Presentations prepared

Group exercises prepared

Room layout physically checked (and changed if

necessary)

Lunch, coffee and other arrangements clarified

IT and video equipment checked

16
TRAINING MODULES ON
LABOUR MIGRATION MANAGEMENT
Trainer’s Manual

Module A
Module A
Introduction

17
Module A

Module A: Introduction

Suggested total duration: 2 h 15 min

Suggested duration Session
30 min Session 1: Overview of the training
25 min Session 2: Labour migration terminology, trends and characteristics
35 min Session 3: Introduction to labour migration policies
45 min Session 4: Country-specific trends

Aims of Module A
• Provide an overview of the course.

• Allow participants to express their expectations for the course.

• Allow facilitator and attendees to understand the range of points of view likely to arise during the
course.

• Provide an overview of relevant terminology.

• Provide an overview of the evolution of labour migration flows and driving forces.

• Present the basic guiding principles of labour migration policies that are common to countries of origin
and countries of destination.

• Present country-specific labour migration trends.

Learning outcomes for Module A

• Agreement on shared expectations for the course outcomes, including a baseline understanding of
what issues the training should cover and of what rules and norms the participants should follow.

• Understanding of background information on labour migration policies, including relevant terminology,

labour migration trends and characteristics, and guiding principles for the development of labour
migration policies.

18
 Module A

Session 1: Overview of the training

Suggested duration 30 min total

5 min Opening explanation

20 min Icebreaker exercise

5 min Summary of programme

Methodology Presentation and Pair activity
You will need Flip chart, pen, Module A slides
Participants will need Copy of slides

Opening explanation (5 min)

• Introduce yourself and all fellow trainers.

• Thank the host organization and explain any logistical matters, including start and end times for
sessions, location of meals and coffee, location of toilets, instructions for fire drills, etc.

• Stress that the key aim of the training course is to provide attendees the chance to participate in
discussions, to ask questions and also to learn from each other (not just from the trainers).

• Explain various training methods that will be used: presentations, group work, individual exercises,
videos, etc.

Icebreaker exercise (20 min)

• Separate the participants into pairs.

• Ask them to explain to each other the following:

- Reasons for which they are attending this course.

- Key issues that they want to cover during the course.

- Materials that they do not want the course to cover.

-  pinions on what rules are needed to ensure the course‘s success – e.g., a ban on mobile phone
O
usage, respect for different points of view, etc.

• After ten minutes of discussion, bring everyone back into a group and ask each person to report what
their partner said to them.

• Record the key points that each person raises on a flip chart, suggesting where possible how issues of
concern will be addressed by the course content.

• Review the list, asking whether any issues should be added or removed.

Summary of programme (5 min)

• In light of the above discussion, briefly run through the programme for the entire training, explaining
the key elements of the training course. Emphasise that, while it is important to keep to time, the
programme can be altered to focus on some areas and deemphasise others, as the participants desire.

• Ask the group for any comments or questions about the programme or logistical issues.

19
Module A

Session 2: Labour migration terminology, trends and

characteristics

Suggested duration 25 min total

10 min Terminology

15 min Labour migration trends and characteristics

Methodology Presentation
You will need Flip chart, pen, Module A slides
Participants will need Copy of slides

Introduce the topic

This session aims to present a broad overview of the labour migration phenomenon, including the following
two issues:

• Terminology and the difficulty of reaching a consensus on clear definitions of the main concepts.

• Evolution of labour migration flows during the past decades, including specific mention of the recent
global economic crisis and the feminization of migration.

Terminology (10 min)

• The notion of international migration.

- When we refer to “migration” throughout the training, we will be referring to international migration.

- There is no internationally accepted definition of international migration.

- The usual definition is the following:

o  ovement of persons who leave their country of usual residence to establish themselves, either
M
permanently or temporarily, in another country.

o An international frontier is therefore crossed.

• The notion of extraneity:

- The concept of extraneity (foreign character) is central to the notion of international migration:

o  igration policies deal mainly with the status, rights, obligations and advantages granted to
M
foreigners.

- Although central to migration policies, the notion of extraneity is too narrow to capture the full
spectrum of migration policies, i.e.:

o  igration policies should take into account the entire migration cycle: not only the situation of
M
migrants abroad, but also the pre-departure and return phases of migration.

• The notion of labour migration:

- This notion has both a broader and a more restrictive definition:

o In the broadest sense, “labour migration” includes all foreigners who are currently in the
labour force, including refugees and family members of migrants admitted for the purpose of
employment.

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 Module A

o In a more restrictive sense, “labour migration” includes only those who entered a country for the
explicit purpose of employment (regular or irregular migrants).

-  he training will follow the second, more restrictive definition. Nevertheless, specific attention will be
T
given to the status of family members.

• The notion of migrant worker:

-  s with the notions of international migration and labour migration, there is no generally accepted
A
definition of “migrant worker.”

-  evertheless, the following definition can be found in the UN Convention on the Protection of the
N
Rights of all Migrant Workers and Members of their Families (the UN Migrant Workers Convention):

o “ The term ‘migrant worker’ refers to a person who is to be engaged, is engaged or has been
engaged in a remunerated activity in a State of which he or she is not a national” (Art. 2 (1).

-  uring the training, mainly in the context of legal developments, the term “foreigner” or “foreign
D
worker” will be sometimes be preferable to “migrant worker,” as both international and domestic law
establish a summary division between nationals and foreigners.

Labour migration trends and characteristics (15 min)

• Outline the following data on the evolution of migration flows:

-  ccording to The United Nations Population Division's latest estimates, the total number of
A
international migrants will reach 214 million in 2010.

- Among those international migrants, around 47% are thought to be labour migrants.

- By comparison, international migrants were estimated to be 75 million in 1960.

-  he pace of international migration’s increase in the past decades well exceeds the global population
T
growth rate over the same period.

- International migration statistics lack precision due to a series of factors, including the lack
of an internationally accepted definition of international migration (and thus diversity in national
approaches), limited data collection systems in numerous states, and the difficulty of measuring
irregular migration flows.

Current trends

What is the impact of the global economic crisis on labour migration flows?

It is too early to have a clear view of the impact of the economic crisis on labour migration flows.

In most OECD countries, a decline in entry into the national territories will probably be visible over the
course of 2009.

However, in the first countries to be affected by the economic crisis, such as the USA, Spain and
Australia, there is already some indication of diminishing immigration flows.

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Module A

• The great diversity of migration flows:

-  hile the majority of migrants originate from developing countries, it not only a “South-North” or an
W
“East-West“ phenomenon.

-  oday most countries are, to one extent or another, simultaneously countries of origin, of transit, and
T
of destination.

-  s indicated by the United Nations Population Division graph below, migrants are rather equally
A
distributed among three types (south-north; south-south and north-north):

o 62 million migrants (33%) are from the South and live in the North.

o 61 million migrants (32%) are from the South and live in the South.

o 53 million migrants (28%) are from the North and live in the North.

o Only 14 million migrants (7%) are from the North and live in the South.

28%

33%
DEVELOPED
DEVELOPING
7%

32%

United Nations Population Division, 2009

• Driving forces of labour migration:

The following three key factors fuel labour migration:

-  ull factors include labour market needs in destination countries and demographical factors in high-
P
income countries.

- Push factors include unemployment and wage differentials in countries of origin.

- Established inter-country networks are based on family, culture and history.

Current trends

Pull and push factors in the context of the global economic crisis

It is too early to have a clear view of the impact of the economic crisis on labour migration flows. The
following can be said:

Past experience has shown that migrants are among those most affected by an economic downturn.

However, past experience also shows that the relationship between net migration and the business
cycle is not straightforward.

A number of OECD countries have started to limit the admission of migrant workers into their territory.

However, the needs for foreign labour have not disappeared.

In countries of origin, emigration projects are likely to be temporarily put on hold.

In any case, migration is not a tap that can be turned on and off at will, and the deep causes of labour
migration remain unchanged.

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 Module A

• Feminization of labour migration:

- The term “feminization of migration” must not be misunderstood:

o Women have always migrated.

o  oreover, the proportion of women in global migration flows did not significantly fluctuate during
M
the past decades (around 46.6% in 1960; 49% in 1990; 49.4% in 2000; and 49% in 2010).
However, when examined on a country basis there are more significant differences.

-  hat has changed is the share of women in labour migration flows. This share has increased since
W
the 1970s.

o This rise in autonomous female migration is referred to as the “feminization of migration.”

o More women now have economic and career development motives similar to those of men.

o  here is a demand for foreign female labour in a variety of labour market sectors, including skilled
T
occupations (frequently welfare and social professions, teachers, social workers, doctors and
nurses) and less-skilled occupations (mainly as domestic and home care workers, entertainers,
and garment workers, and, to a lesser extent, as agricultural workers).

- There are gender differences in the labour migration experience:

o  omen migrants tend to be more vulnerable to discrimination, exploitation, abuse and trafficking,
W
while in the process of moving (the transit phase), at arrival, at the work place and upon return.

o In this respect they often suffer from double discrimination, as women and as migrants.

o  his situation also reduces the socio-economic contributions that female migrant workers can
T
make to their societies.

-  uch gender differences must be taken into account when crafting and implementing labour
S
migration policies.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 11-25; p. 97
IOM, Glossary on Migration, 2004
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 1-20; p. 239
OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 13-18
Awad, I., The Global Economic Crisis and Migrant Workers: Impact and Response, ILO, 2009
Available at: http://www.ilo.org/public/english/protection/migrant/download/global_crisis.pdf
ILO, An Information Guide - Preventing Discrimination, Exploitation and Abuse of Women Migrant Workers. Booklet 1 - Introduction:
Why the Focus on Women Migrant Workers, 2005
Available at: http://www.ilo.org/public/english/employment/gems/advocacy/protect.htm
OECD, “International Migration and the Economic Crisis: Understanding the Links and Shaping Policy Responses” in International
Migration Outlook – SOPEMI 2009, 2009, pp. 11-76.

23
Module A

Session 3: Introduction to labour migration policies

Suggested duration 35 min total

10 min Introduce the topic

5 min Establishing the policy-making team

10 min Crafting the policy

10 min Data collection

Summary

Methodology Presentation
You will need Flip chart, pen, Module A slides
Participants will need Copy of slides

Introduce the topic (10 min)

• Highlight the importance of labour migration management and present a general definition:

-  iven the magnitude of labour migration, outlined in the previous session, its management is
G
crucial.

-  abour migration management refers to a planned and thoughtful approach to policy development.
L
It includes the careful selection and implementation of appropriate policy responses to key questions
facing individual states, as well as the international community as a whole.

• Recall the general objectives of the training:

-  o improve the knowledge of participants about labour migration policies in countries of origin and
T
of destination, as well as about the relevant international legal and cooperation framework.

-  ssist policy-makers in designing or revising labour migration policies by providing guiding principles,
A
international norms, and examples of good and effective practices at the national and international
level.

• Underline that the structure of the training is based around the distinction between countries of origin and
countries of destination:

-  ourse 2 is dedicated to policies in countries of origin, while course 3 is dedicated to policies in

C
countries of destination (Course 1 deals with the international legal and cooperation framework).

-  hile there are vast differences among countries of origin as well as among countries of destination,
W
the different countries of origin share similar concerns and interests, and so do the different countries
of destination.

-  owever, it is important to recall that in practice, most countries are, to one extent or another, at the
H
same time both countries of origin and countries of destination.

• Indicate that the present session will introduce labour migration policies by presenting a series of guiding
principles and fundamental elements for the following areas, which apply to both countries of origin and
countries of destination:

- Establishing the policy-making team;

- Crafting the policy;

- Collecting data.

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 Module A

Establishing the policy-making team (5 min)

• Highlight the fact that developing a successful labour migration management policy requires close
cooperation and coordination between a number of administrations within the state.

• Outline the usual administrations concerned:

- Ministry of Labour:

o Naturally inclined to take the lead role as labour migration is primarily an employment issue.

- Ministry of Foreign Affairs:

o Responsible in large part for the protection of nationals abroad, delivery of visas and work / stay
/ residence permits, as well as for international cooperation.

- Ministry of Interior and Ministry of Justice:

o Responsible for the response to violations of migration legislation and other relevant laws and
regulations.

- Ministry of Education and Ministry of Health:

o Traditionally not included among the vital stakeholders in migration.

o Nevertheless, these ministries’ involvement in the policies of countries of origin is justified by the
growing and persistent demand for nurses, teachers, caregivers, etc.

o In countries of destination their involvement is justified by the fundamental character of the right
to health and education.

- Central Bank:

o Can be involved in activities related to safe and cost-effective transfer of remittances.

- Social Security and other welfare services.

• Highlight the fact that in many countries, cooperation and coordination among administrations needs to
be strengthened deliberately: this is not a natural process.

• Highlight the fact that consultation and cooperation not only among the different administrations, but
also with other stakeholders, namely social partners (employers and trade unions) and civil society
organizations, are crucial.

Crafting the policy (10 min)

• The following general objectives should guide the development of a labour migration policy:

- Protecting migrant workers;

- Optimizing the benefits of labour migration;

- Mitigating adverse impact.

• In order to meet these broad objectives, a labour migration policy should possess a number of
characteristics, including the following:

- Consistency with the national development plan:

o This is a natural consideration in countries of destination.

o It is also crucial that countries of origin set their policies in the context of an overall labour
and employment strategy with appropriate interfacing with other development policies, such as
education, foreign affairs, trade and investment.

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Module A

- Protection of migrant workers:

o Protection of the rights and interests of migrant workers and their family members must be a
central part of labour migration policies, in countries of destination as well as in countries of
origin.

- Effectiveness and efficiency:

o Policy on labour migration should also include solid mechanisms to enforce the measures
introduced.

- Gender sensitivity:

o Recall gender differences in the migration experience and the fact that women migrants tend to
be more vulnerable to abuses.

o Outline the following classification of policies with relation to gender:

· Gender-biased policies:

Policies that discriminate (e.g., exclusion from recruitment programmes, wage discrimination,
etc.)

· Gender-blind policies:

Policies that fail to recognize gender as an important determinant.

Some policies may not appear on the surface to have a different impact on men and women
(gender-neutral) while in practice their outcomes may be detrimental to female migrant
workers.

· Gender-sensitive policies:

Policies that consider factors rooted in the gender division of labour and power relations
between men and women; they use sex-disaggregated data and take into account who
benefits from policies and who does not. Such policies may contain specific measures
targeting women.

Data collection (10 min)

• Highlight the fact that a successful labour migration policy is based on reliable data.

• Data to be collected:

- Data on migration stocks and flows:

o The level of international migration, including labour migration, is measured using two concepts:
stocks and flows.

· T
 he “international migrant stock” is the total number of international migrants living in a country
at a particular point in time.

· N
 et international migration is the difference between the total number of migrants entering
(in-migrants) and leaving (out-migrants) a country.

- However, when developing a labour migration policy, states should collect data on more than just
migration stocks and flows:

o For instance, countries of origin that intend to develop promotion strategies need to collect data
on the labour markets of countries of destination, as well as information on the legal status and
protection of migrant workers in those countries.

o Countries of origin may also need to measure the amount of remittances transferred into the
country in order to develop appropriate policies.

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 Module A

o For countries of destination, one of the main concerns with regards to data collection lies in
estimating and projecting their need for foreign workers.

• Data sources and their limits:

- Household surveys: population censuses or labour force surveys:

o A major drawback of census data is that collection usually occurs once every ten years, which
makes the timeliness of data less useful.

o Annual labour force surveys can ask questions on place of birth, citizenship, previous residence,
reasons for moving, etc.

o While conducted more frequently than censuses, such surveys suffer from relatively small
sample sizes.

o Another drawback to household surveys, particularly labour force surveys, is that they often
do not collect information from collective housing or group quarters, which often house many
recent migrant workers.

- Administrative registers: population registers or registers of foreigners:

o Registers can be used to measure the total stock of migrants, as well as in-flows and out-flows
when people leave the country.

o Some problems can occur when people leave a country and fail to de-register from the
system.

o Registers also miss many undocumented immigrants living in the country.

o Moreover, different countries have different criteria for including foreigners in flow data, which
can make comparability across countries a problem.

- Other administrative sources: residence permits, work permits, or asylum applications:

o Limits are similar to those mentioned for population registers or registers of foreigners.

- Data derived from exit controls:

o Result of procedures of emigration clearance, mainly developed in the labour-sending countries

of South and South East Asia.

- Border collection data (visa types, at entry or exit from a country):

o Visa types allow migrants to be placed in categories (student, employment or family reunification)
and are often used to measure labour migration flows.

- Data obtained from diplomatic and consular posts:

o A valuable source of data on problems faced by migrant workers in countries of destination.

Summary
• The development of a successful labour migration policy supposes a number of priorities that are common
to countries of origin and countries of destination.

- Cooperation and coordination between relevant national administrations as well as consultation and
cooperation with other stakeholders, including social partners and civil society organizations.

- A labour migration policy should present the following characteristics: consistency with the national
development plan, protection of migrant workers, effectiveness and efficiency, and gender sensitivity.

- Despite the constraints and limitations mentioned, policy should be based on the objective ground
of data collected.

27
Module A

• Labour migration is by nature a transnational phenomenon and therefore cannot be managed or addressed
solely at the national level. The development of effective, fair and durable labour migration policies and
practices requires cooperation among all states involved in the process.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 85-99
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 1-20; p. 237-256
OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 13-26
Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996, pp. 15-18
ILO, An Information Guide - Preventing Discrimination, Exploitation and Abuse of Women Migrant Workers. Booklet 1 - Introduction:
Why the Focus on Women Migrant Workers, 2005
Available at: http://www.ilo.org/public/english/employment/gems/advocacy/protect.htm

28
 Module A

Session 4: Country-specific trends

Suggested duration 45 min total

5 min Introduce the topic

35 min Presentation or discussion

5 min Summary
Methodology Presentation or Group exercise
You will need Flip chart, pen
Participants will need Copy of slides

Instructions
Depending on whether an expert is available for presenting country-specific trends, there are two options
available for this session.

Option A
A local expert – for example from the IOM local office or academia – attends to lead a discussion on local
trends by way of presentation with questions and answers.

Option B
The participants are asked to break into groups of three to four and to spend ten minutes preparing
brief presentations on what they see as the key trends on labour migration within the region, followed by
discussion.

29
Module A

Power Point Module A:

Introduction

SLIDE 1 SLIDE 2

Module A: Introduction Session I

Overview of the training
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1:Overview of the training Session 1:Overview of the training

Module Aim Outcomes of Module A

Module A aims to:

Provide an overview of the course
Reach agreement on shared expectations for the course

Provide participants an opportunity to express
their expectations for the course outcomes, a baseline of ‘must-cover’ issues, as well as rules

Allow facilitator and attendees to understand and norms for conducting the training
various points of view likely to arise during the
course

Provide an overview of relevant terminology
Understand some background information about labour

Give an overview of the evolution of labour migration policies:
migration flows and driving forces

Present the basic guiding principles of labour  Terminology
migration policies, common to countries of origin  Labour migration trends and characteristics
and countries of destination
 Guiding principles for the development of labour migration policies

Present country-specific labour migration trends

30
SLIDE 5 SLIDE 6

Session 1:Overview of the training Session 1:Overview of the training

Pair activity Summary of the training programme

To be filled according to the specific agenda of

the training

Why have you come on this
What you would not want
training? the training to cover?

What are the key issues you
What basic rules need to
want to cover during the be in place to ensure
course? that the training is
successful?

SLIDE 7 SLIDE 8

Session 2: Terminology, trends and characteristics

Terminology

International migration
Session II  The movement of persons who leave their country of usual residence,
to establish themselves either permanently or temporarily in another
country
Labour migration terminology,  When the notion of migration is used throughout the training it will be in
reference to the concept of international migration
trends and characteristics

Extraneity (foreign character)
 The concept of extraneity is central within the notion of international
migration
 However, the notion of extraneity is too narrow to capture the full
spectrum of migration policies

31
Module A

SLIDE 9 SLIDE 10

Session 2: Terminology, trends and characteristics Session 2: Terminology, trends and characteristics

Terminology (cont.) Labour migration trends and

characteristics

Labour migration    
  
 

 In the broadest sense, labour migration includes all foreigners who are


currently in the labour force, including refugees and family members of 
migrants admitted for the purpose of employment

 In a more restrictive sense, labour migration includes only those who

entered a country for the explicit purpose of employment (regular or
irregular migrants) 


Migrant worker
UN Migrant Workers Convention definition:          

“The term "migrant worker" refers to a person who is to be engaged, is
engaged or has been engaged in a remunerated activity in a State of
which he or she is not a national” (Art. 2 (1))
United Nations Population Division, 2009

SLIDE 11 SLIDE 12

Session 2: Terminology, trends and characteristics Session 2: Terminology, trends and characteristics

Labour migration trends and Labour migration trends and

characteristics (cont.) characteristics (cont.)
Feminization of labour migration

The term “feminization of labour migration” must not be
misunderstood:
 Women have always migrated
 The proportion of women in global migration flows has not
significantly fluctuated over the past 50 years (around 46.6% in 1960;
49% in 1990; and 49% in 2010)
 This proportion differs depending on the region, sub-region or country

What has changed is the share of women in labour migration

flows; this share has increased since the 1970s

Gender differences in the labour migration experience
 Women migrant workers tend to be more vulnerable to discrimination
United Nations Population Division, 2009 and exploitation, both in the process of moving and at arrival

32
 Module A

SLIDE 13 SLIDE 14

Session 3: Introduction to labour migration policies

Labour migration management

Session III Labour migration management refers to a planned

and thoughtful approach to policy development and to
Introduction to labour the careful selection and implementation of
migration policies appropriate policy responses to key questions
confronting states and, more generally, the
international community as a whole

SLIDE 15 SLIDE 16

Session 3: Introduction to labour migration policies Session 3: Introduction to labour migration policies

Establishing the policy-making team Crafting the policy

A successful labour migration management policy requires close
Two general objectives that should guide the development of a
cooperation and coordination between a number of labour migration policy:
administrations within the state  Protecting migrant workers
 Ministry of Labour
 Optimizing the benefits of labour migration and mitigating adverse impact
 Ministry of Foreign Affairs
 Ministry of Interior and Ministry of Justice
 Ministry of Education and Ministry of Health
A labour migration policy should possess a number of
 Central Bank characteristics, including the following:
 Social Security and other Welfare Services  Consistency with the national development plan
 Protection of migrant workers

Consultation and cooperation with other stakeholders, namely  Effectiveness and efficiency (mechanisms of enforcement)
social partners and civil society organizations, is also crucial  Gender sensitivity

33
SLIDE 17 SLIDE 18

Session 3: Introduction to labour migration policies Session 3: Introduction to labour migration policies

Data collection Conclusion

A successful labour migration policy is based on reliable data on

migration stocks and flows Labour migration is by nature a transnational phenomenon that

Data sources cannot be managed or addressed solely at the national level:
 Household surveys: population censuses or labour force surveys the development of effective, fair and durable labour migration
 Administrative registers: population registers or registers of foreigners policies and practices requires cooperation among all states
 Other administrative sources: residence permits, work permits, or asylum involved in the process
applications
 Data derived from exit controls
 Data obtained from diplomatic and consular posts
 Border collection data (visa types, at entry or exit from a country)

SLIDE 19 SLIDE 20

Session IV Thank you!

Country-specific trends
To be developed for the specific training considered

34
TRAINING MODULES
ON LABOUR MIGRATION
MANAGEMENT

Trainer’s Manual

Course 1
Course 1
International Migration Law
and cooperation framework
for the development of
labour migration policies

35
Introduction to Course 1: International
Migration Law and cooperation
framework for the development of
labour migration policies
Suggested duration: 5 min

• National labour migration policies must be set in the International Migration Law and cooperation
framework of labour migration.

- First, national policies must respect the International Migration Law framework for the protection of
migrant workers.

o National legislation and practices must be in line with international legal norms and obligations;
otherwise, the considered state abrogates its international responsibility.

o International legal norms protecting migrant workers are set at the universal and regional
levels.

- Second, the transnational nature of labour migration implies that it cannot be managed solely at the
national level: cooperation amongst states is crucial, at the global, regional, and bilateral levels.

• Following these assumptions, Course 1 is divided into two modules:

- Module B: International Migration Law framework for the protection of migrant workers.

- Module C: International cooperation for the facilitation of labour migration.

• Aims of Course 1:

- To provide an overview of international and regional law for the protection of migrant workers, in the
context of their fundamental human rights.

- To provide an overview of the principal forms of inter-State cooperation in managing labour migration:
multilateral, regional and bilateral; formal and less formal mechanisms.

- To present and discuss in some detail the free movement of workers regime in the European Union
(EU) and the regime of bilateral labour arrangements (BLAs).

36
Course 1
International Migration Law and cooperation framework for the development
of labour migration policies

Module B
Module B
International Migration Law
framework for the protection
of migrant workers

37
Module B

Module B: International Migration

Law framework for the protection of
migrant workers
Suggested total duration: 2 h 05 min
Suggested duration Session
30 min Session 1: Introducing Module B
30 min Session 2: Universal and regional legal frameworks
30 min Session 3: Migrants’ civil rights, employment-related rights and other rights
35 min Session 4: Group activity and conclusion

Aim of Module B
Module B aims to provide an overview of international and regional law for the protection of migrant workers,
in the context of their fundamental human rights.

Learning outcomes for Module B

By the end of this module, participants will:

• Understand the position of migrant workers under international human rights law.

• Be familiar with International Migration Law for the protection of migrant workers.

• Be able to broadly assess national practices with reference to existing international and regional
standards.

• Be able to apply existing international and regional standards to a concrete national context.

Session 1: Introducing Module B

Suggested duration 30 min total

5 min Introduction

15 min Group activity

10 min State’s powers regarding admission and expulsion of foreigners

Methods for estimating and projecting shortages

Summary
Methodology Presentation and Group activity
You will need Flip chart, pen, Module B slides
Participants will need Copy of slides

38
 Module B

Introduce the topic (5 min) Slides 1-4

• Explain aims and outcomes for Module B.

- Module B aims to provide an overview of international and regional law for the protection of migrant
workers, in the context of their fundamental human rights.

- Learning outcomes:

o To understand the position of migrant workers under human rights law.

o To be familiar with International Migration Law for the protection of migrant workers.

o To be able to broadly assess national practices with reference to existing international and
regional standards.

o To be able to apply existing international and regional standards to a concrete national context.

• Highlight the importance of Module B: the elements presented and discussed within the module will
appear throughout the whole training.

• Highlight the fact that the present module is concerned with both foreign workers in a lawful and regular
situation, as well as those who are in an irregular situation.

Group activity Slide 5

Duration: 15 min

• Divide the participants into three groups. Designate one group a government of a country of origin,
one group an NGO representing migrant workers and one group a trade union that predominantly
represents workers who are nationals of the country of destination.

• Based on a country known to the participants, ask them to identify:

- The key interests that they represent.

- Legal regimes and rules that aid them in promoting their interests.

- Legal regimes and rules that challenge their interests.

• Ask each group just to present just their findings and briefly explain the rationale behind them.

• Summarize the session, and indicate that the training will be exploring points raised, setting aside any
issues the course will not be dealing with.

State’s powers regarding admission and expulsion of foreigners (10 min) Slide 6

Trainer note

The aim of the presentation is to explain to participants that while human rights impose important
obligations to states regarding the treatment of foreigners, states possess broad powers with regards to
the admission and expulsion of foreigners. Human rights norms mostly address the rights of migrants
after they enter a state’s territory.

• Introduce the presentation:

- Before we consider the norms protecting migrants after their entry into a state’s territory, we should
recall that states possess broad sovereign powers with regards to the admission and residence of
foreigners.

39
Module B

Admission
Outline the following elements:

• States possess very broad sovereign powers in terms of the admission of foreigners into their territory.

• Although the principle of freedom of movement is recognized by international law, its scope is relatively
narrow:

- Quote art. 12 of the International Covenant on Civil and Political Rights (ICCPR):

“1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty
of movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including his own.

[…]

4. No one shall be arbitrarily deprived of the right to enter his own country”.

- In other words, there is no general right of the individual to enter a state’s territory unless he is a
national of the said state.

o However, regarding Article 12(4) ICCPR, it is arguable that this right may also be applicable to
long-term foreign residents of a country.

• Moreover, legitimate grounds for refusal of admission are very broad:

- Most of these grounds are included in the notions of public order (e.g. grounds based on earlier
criminal convictions, earlier violations of immigration legislation, risk of irregular immigration,
economic grounds), national security and public health.

Expulsion
Outline the following elements:

• The right to expel can be seen as corollary to the rights of the state regarding admission.

• As with the non-admission of foreigners, the grounds used by states to justify expulsion are very broad.

• States have nevertheless fewer grounds available for expulsion than for the rejection of admission.

- In other words, it is easier for a considered state to refuse admission than to expel a foreigner.

The state is subjected to International Migration Law

• Highlight the fact that while state’s powers are wide, these powers are nevertheless subject to the rules
of International Migration Law.

• If the presence of international norms in matters related to the admission and the sojourn of foreigners is
limited, it is nevertheless existent.

• We will see that refusals of admission and decisions of expulsion can be challenged through the “indirect”
use of a number of human rights (such as the right to family life, the right not to be subjected to inhuman
or degrading treatment, and, regarding refugees, the principle of non-refoulement).

Resources for facilitator preparation

See bibliography at the end of Module B

40
 Module B

Session 2: International Migration Law

30 min total
15 min Universal instruments
Suggested duration
10 min Regional instruments

5 min Summary
Methodology Presentation
You will need Flip chart, pen, Module B slides
Copy of slides, relevant legal instruments (to be distributed at the beginning of
Participants will need
the session)

Universal instruments (15 min)

Trainer note

The aim of this session is to provide an overview of the International Migration Law framework for
protecting migrant workers with reference to general international human rights law, international labour
standards, and specific international instruments protecting migrant workers, such as ILO Conventions
No. 97 and 143 and the UN Convention on Migrant Workers.

Make sure to pose questions to the group regularly, in order to ensure that they are following the material
and in order to reinforce learning.

Remember that there is a lot of information to get through in a short period of time. Ensure that you keep
a decent pace throughout.

Introduce the topic Slides 7-8

The International Migration Law framework protecting migrant workers is found in essentially three places:

- International human rights law;

- The international labour standards of the ILO that apply to all persons regardless of nationality or
legal status;

- Specific instruments protecting migrant workers:

o Specific ILO instruments concerned (Conventions No. 97 and 143).

o The International Convention on the Rights of All Migrant Workers and Members of Their Families
(1990).

International human rights law Slide 9

• Present the instruments using the following distinction:

- On the one hand, those general instruments that constitute the International Bill of Rights, including
the Universal Declaration of Human Rights (which, while non-binding, still contains provisions that
constitute customary international law), the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR).

41
Module B

- On the other hand, those conventions concerned with the protection of persons against specific
forms of ill treatment, for example, the International Convention on the Elimination of All Forms
of Racial Discrimination (ICERD), the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment(CAT), or those conventions concerned with the protection of
particular groups of persons (Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), International Convention on the Rights of the Child (CRC)).

• Summarize the philosophy of international human rights law:

- The international human rights instruments identified above protect all human beings, regardless of
their nationality.

- Therefore, the starting point for a discussion on the application of human rights to migrant workers
is that migrant workers, though non-nationals, are generally entitled to the same human rights as
local citizens.

• Highlight the importance of the principle of non-discrimination regarding the application of human rights
to foreigners.

Outline the following elements (Depending on time/level/interest of participants, this part can be shortened,
simplified):

- The principle of non-discrimination is two-fold, meaning that it implies both an indirect and an
autonomous right.

o As an indirect right, it applies complementarily with the rights recognized by international

instruments, reinforcing their effectiveness.

o As an autonomous right, it takes into consideration national legislation and imposes on the
state the duty of not adopting and implementing a discriminatory law. This duty is imposed by
international law even when no other internationally recognized human right is concerned.

- The content of the principle of non-discrimination:

o All discrimination is illegal, no matter what the ground (for instance, nationality).

o This does not mean that every distinction of treatment imposed by a state on an individual or a
group constitutes discrimination.

o According to the Human Rights Committee, a distinction of treatment constitutes discrimination

when it is not based on “reasonable and objective criteria.”

- The application to foreigners of the principle of non-discrimination:

o The distinction of treatment between nationals and foreigners is strictly limited.

o First, the permissibility of such a distinction will depend on the international instrument involved.
Arguably, no distinction of treatment is acceptable under the ICERD, the CEDAW, the ICAT and
the CRC.

o Second, the distinction’s permissibility depends on the rights protected. No distinction of

treatment is acceptable in the area of civil rights. Regarding economic, social and cultural
rights, the question is more complex as the non-discrimination principle appears to operate
more weakly than with regards to civil rights.

o Third, the legality of a distinction of treatment may depend on the foreigner’s migration status –
regular or irregular.

- Highlight the fact that at the national level, the applicability of anti-discrimination laws to distinctions
on the grounds of nationality is often limited.

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 Module B

International labour standards Slide 10

• Highlight that there are two principal ILO instruments concerned specifically with the labour rights and
legal status of migrant workers:

- The Migration for Employment Convention (Revised) No. 97 of 1949;

- The Migrant Workers (Supplementary Provisions) Convention No. 143 of 1975;

- Both conventions are accompanied by non-binding Recommendations (Nos. 86 and 151), which
contain clarifications and further guidelines.

• Highlight the following elements regarding the first ILO instrument, Convention No. 97:

- Concerns mainly state-organized labour migration, rather than spontaneous movements.

- Contains no safeguards for irregular migrant workers.

- Can serve as a reference for bilateral arrangements. Additionally, an Annex to the accompanying
Recommendation No. 86 contains a model bilateral labour agreement.

- Ratified by 49 states.

• Highlight the following elements regarding the second ILO instrument, Convention No. 143:

- Covers broader personal and material scope than Convention No. 97.

- Affords specific protection to irregular migrants, particularly with regard to the protection of their
basic human rights (Article 1) and their rights arising out of past employment.

- Ratified by 23 states.

- Some of the more liberal provisions, particularly Article 14(a) concerned with access to the labour
market, may be regarded by governments as obstacles to its ratification.

• Highlight the fact that in addition to the specific ILO standards safeguarding the rights of migrant workers,
other important ILO instruments are applicable:

- All of the Conventions and Recommendations adopted by the International Labour Conference to
date cover nationals and non-nationals, unless otherwise specified in the instruments concerned.

The International Convention on the Rights of All Migrant Workers and Slide 11
Members of Their Families (UN Convention on Migrant Workers)

• Highlight that the UN Convention on Migrant Workers, despite its low level of ratification by states (43
states parties as of 7 July 2010), is important for the following reasons:

- It can serve as a comprehensive model for the laws of countries of destination by clearly identifying
the rights and benefits to which migrants, vis-à-vis nationals, should be entitled.

- It explicitly underlines that all migrant workers and their families should be protected, including
irregular migrants.

o Some differences in treatment may be acceptable and the Convention does draw a number of
distinctions in this respect (Parts III and IV).

• The convention also recognizes the principle that lawfully resident migrant workers should be treated on
equal terms with nationals in some key areas, such as conditions of employment and the provision of
accommodation, including in social or public housing.

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Module B

Regional legal frameworks (10 min)

Trainer note

The aim of this presentation is to mention several regional legal frameworks that protect migrant workers
and to provide an overview of the European legal frameworks (European Union and Council of Europe).

Introduce the topic Slide 12

- Outline the context for the adoption of regional legal frameworks:

o At the regional level, the adoption of human rights instruments and free movement schemes
(discussed in Module C International Cooperation for the facilitation of labour migration) as
well as the establishment of stronger enforcement mechanisms may be facilitated by political,
historical, social and cultural similarities.

o Regional legal frameworks often offer broader and stronger protections than universal
international law.

o Where regional instruments are more restrictive than the universal standards, however, they
must not be considered as a replacement for international standards.

- Mention the existence of the following regional legal frameworks:

o Africa: African Charter on Human and Peoples’ Rights (1981);

o Americas: American Convention on Human Rights (1969);

o Europe: Council of Europe standards and European Union law.

- Indicate that the following presentation will focus on European instruments.

Council of Europe standards Slide 13

• The European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR)
(1950):

- Applies to all persons within the jurisdiction of states parties, including migrant workers, regardless
of their legal status.

- Contains no specific provisions on migrant workers in the ECHR.

- Despite this, migrants have obtained remedies from the European Court of Human Rights in
protection of their right to respect for family life and the non-discrimination principle (Arts. 8 and 14
respectively). The Court has ruled that very good reasons must be given to justify distinctions on the
basis of nationality (Gaygusuz v. Austria, 1996; Poirrez v. France, 2003.)

• The European Social Charter (1961) along with its Additional Protocol (1988), and the Revised European
Social Charter (1996):

- Include a number of provisions relatied to migrant workers (Arts. 18 and 19):

o Right to engage in a gainful occupation in another state party’s territory;

o Provision of information to migrant workers;

o Facilitation of the migration process;

o Equality of treatment of nationals and non-nationals in employment;

44
 Module B

o Right to family reunification;

o Guarantees against expulsion.

- Apply, however, only to migrants who are nationals of the Council of Europe Member States.

• The European Convention on the Legal Status of Migrant Workers (1977):

- Constitutes the only Council of Europe instrument specifically dedicated to the protection of migrant
workers and their families.

- Applies, however, only to lawfully resident migrant workers.

- Provides equal treatment with nationals in defined areas (e.g. conditions of work, right to organize,
access to housing, education and vocational training).

- Has been ratified by 11 states parties: Albania, France, Italy, Moldova, Netherlands, Norway, Portugal,
Spain, Sweden, Turkey, and Ukraine.

European law regarding third country nationals Slide 14

• Highlight the importance of the two following European directives:

- Directive 2003/86 of 22 September 2003 on the right to family reunification;

- Directive 2003/109 of 25 November 2003 concerning the status of third-country nationals who are
long-term residents.

• Outline the content of the mentioned directives:

- The family reunification Directive:

o Under this directive, the eligible sponsor must be a third-country national residing lawfully in a
Member State who has “reasonable prospects of obtaining the right of permanent residence.”

o Member States may require the sponsor to have stayed lawfully in their territory for a period not
exceeding two years, before family members may join the sponsor.

o The eligible family members are the spouse and/or minor children of the sponsor.

o Besides the right to a residence permit, family members have the right to access education,
employment (under the same conditions as the sponsor) and self-employment, as well as
vocational training.

- The long-term residents Directive:

o Third-country nationals are entitled to such status after residing legally and continuously for 5
years in the territory of the Member State concerned.

o The eligible applicant will be granted a long-term resident’s EC residence permit valid for a
minimum of five years and automatically renewable on expiry upon application.

o The long-term residents Directive also gives the possibility for long-term residents to move to a
second Member State.

• Mention the following other EU directives:

- Directive 2004/114 of 13 December 2004 on the conditions of admission of third-country nationals

for the purposes of studies, pupil, exchange, unremunerated training or voluntary service.

- Directive 2005/71 of 12 October 2005 on a specific procedure for admitting third-country nationals
for the purposes of scientific research.

45
Module B

- Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country
nationals for the purposes of highly qualified employment.

- Proposed Directives:

o Proposal for Directive on a Single Application Procedure for a Single Permit and a Common Set
of Rights.

o Proposal for Directive for Admission of Seasonal Workers.

Summary (5 min)
• At the universal level, international human rights law is composed of:

- General instruments:

o Universal Declaration of Human Rights.

o International Covenant on Civil and Political Rights (ICCPR).

o International Covenant on Economic, Social and Cultural Rights (ICESCR).

- Specific instruments:

o Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT).

o Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

o International Convention on the Rights of the Child (CRC).

o The above instruments are by principle applicable to all persons, regardless of nationality (and,
regarding foreigners, regardless of their legal status, regular or irregular).

o While distinctions of treatment may be acceptable regarding specific rights and specific
instruments, the legality of such distinctions is strictly limited.

- ILO standards:

o Two conventions are concerned specifically with the labour rights and legal status of migrant
workers: Convention No. 97 and Convention No. 143.

o Unless otherwise specified, all ILO Conventions and Recommendations cover nationals and
non-nationals.

- UN Convention on Migrant Workers:

o Although not widely ratified, this convention can serve as a comprehensive model for the laws
of countries of destination by clearly identifying the rights and benefits of migrants.

• At the European/Regional level:

- With regard to the protection of migrants’ rights, the most important instrument is the European
Convention on Human Rights. Although it does not deal specifically with foreigners’ rights, migrants
have obtained important remedies from the European Court of Human Rights using articles from this
document.

- In the European Union legal framework, two fundamental directives have recognized important rights
regarding the stabilization of the status of foreigners in EU Member States: the family reunification
Directive and the long-term residents Directive.

Resources for facilitator preparation

See bibliography at the end of Module B

46
 Module B

Session 3: Migrants’ civil rights, employment-related

rights and other rights

Suggested duration 30 min total

10 min Civil rights

15 min Employment and other economic and social rights

5 min Summary

Methodology Presentation
You will need Flip chart, pen, Module B slides
Participants will need Copy of slides, relevant legal instruments

Civil rights (10 min) Slides 15-16

Trainer note

The objective of this presentation is to emphasize to participants that the difficulties and obstacles to
the realization of an equitable status for foreign workers in some destination countries are sometimes
connected with serious human rights violations. The presentation will also emphasize that the
fundamental civil rights and the principle of non-discrimination, found in general international human
rights law and elsewhere, apply equally to all migrant workers, regardless of their immigration status.

• Introduce the topic by highlighting the following elements:

- When considering the treatment of foreign workers, and particularly their legal status in the country
of employment, it is important to keep in mind a number of fundamental civil rights that are frequently
violated with respect to such migrants.

- These rights are found in the general international human rights instruments and are protected by
most national constitutions.

- Enjoyment of these rights does not depend on a state’s ratification of the UN Convention on Migrant
Workers or specific ILO instruments protecting migrant workers.

• What are the particular fundamental civil rights that are frequently violated with respect to migrant
workers?

- Indicate that that this is by no mean an exhaustive presentation of fundamental civil rights, but that
it will simply discuss a selection of fundamental civil rights that are frequently violated with respect
to migrant workers.

Freedom from slavery, forced labour, degrading or inhuman treatment

Outline the following elements:

• Slavery, forced labour, and degrading or inhuman treatment are often evident in the case of those migrant
workers who have been:

- trafficked or abused;

- placed in situations of debt bondage;

- victims of other forms of exploitation (e.g., extremely long hours of work without rest days).

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Module B

• Slavery and forced or compulsory labour, with respect to migrant workers in particular, is prohibited by
general international human rights law, by international labour law and by Article 11 of the UN Convention
on Migrant Workers.

• The Anti-Trafficking Protocol to the 2000 UN Convention against Transnational Organised Crime provides
a legal framework for the prosecution and punishment of traffickers and for the protection of trafficked
victims.

Freedom from arbitrary arrest and detention

Outline the following elements:

• Many migrants, including those authorized to work, are often subject to harassment by border officials
as well as the police in destination countries.

• ICCPR Art. 9 provides for the right of liberty and security of the person.

• Art. 16 of the UN Migrant Workers Convention restates provisions of ICCPR Art. 9, and Art. 16(4)
specifically prohibits on arbitrary arrest or detention.

• The general principle of non-discrimination has important applications in the context of arbitrary arrest
and detention.

Freedom of movement and the right to leave

Outline the following elements:

• The above-mentioned right to freedom of movement, although limited, can nevertheless protect migrant
workers.

• It is common practice for employers or recruitment agents to confiscate the passports of migrant workers
to ensure that they do not leave before the work is completed.

• Such a practice does not conform to general international human rights standards, which protect free
movement within the territory of the country of destination for lawfully resident migrant workers and the
right to leave a country.

Effective protection from violence, threats and intimidation, xenophobia and

discrimination
Outline the following elements:

• While many countries have laws to protect against discrimination (including protection from violence,
threats and intimidation, and xenophobia), in practice these laws may not be applied very well, especially
with regard to foreign nationals.

• Moreover, some laws prohibit discrimination only on certain grounds, such as race or sex, while those
laws that treat distinctions on the basis of nationality are often limited.

- For example, in the UK, under the amended Race Relations Act 1976, protection against discrimination
on the grounds of race or ethnic origin is stronger than that afforded against discrimination on the
grounds of nationality.

• Because of this disparity, an important right for migrant workers is the right of access to courts (including
the labour courts) (for example, as stated in ICCPR Art. 14 and UN Migrant Workers Convention Art. 18),
so that migrant workers can enjoy the same access to courts as nationals, and thereby seek redress for
abuses in the country of destination.

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 Module B

- This right should be facilitated and should also include some provision for free legal assistance,
particularly if migrants do not possess the means to pay.

Employment and other economic and social rights (15 min) Slides 17-20

Trainer note

Employment and social rights form the core of foreign workers’ legal status in destination countries. This
presentation highlights the distinction between access to employment (the right to work) and employment
rights. It identifies some common difficulties that migrant workers face in this area and, by referencing to
relevant international instruments, points to how these might be overcome.

• Introduce the topic by highlighting the distinction between access to employment (the right to work) and
employment rights:

- Recall previous developments on the principle of non-discrimination and legitimate distinctions of

treatment (Session 2).

- While international law allows some distinction of treatment (between nationals and foreigners; between
foreigners in a regular situation and those in an irregular situation) regarding access to employment (the
right to work), it prohibits distinctions of treatment with regards to employment rights.

Access to employment (Right to work)

• Outline the following elements about how the right to work applies to migrant workers:

- The right to work is recognized by the International Covenant on Economic, Social and Cultural
Rights, Art. 6.

- The application of the right to work for foreigners is highly controversial.

- It is very unlikely that international law, in its current state, recognizes foreigners’ general right to
employment in a destination country. Currently, states commonly restrict migrant workers’ access to
the labour market, notably through the requirement of a work permit.

- Arguably, migrant workers’ access to employment is an area where states have broad authority to
distinguish between nationals and foreigners.

• Highlight the fact that ILO Convention No. 143 provides lawfully resident migrant workers with free access
to the labour market after two years of employment, or after completion of the first work contract.

- This is a liberal provision and appears to be one of the substantive reasons why this instrument has
not received wide acceptance.

Employment rights
• Regarding employment rights, highlight the overriding principle found in general international human
rights instruments (ICESCR Art. 7) and international labour standards:

- All foreign workers should be treated on equal terms with nationals.

• Outline the following employment rights of migrant workers:

- Equal remuneration for work of equal value.

- Prohibition of unlawful deductions from workers’ salaries (fundamental principle recognized in the
widely ratified ILO Convention No. 95 of 1949 on the Protection of Wages).

49
Module B

- Protection from dismissal and vocational training:

o While it is inevitable that workers lose their jobs during downturns in the economy, there should be
no discrimination between national and foreign workers in this respect without good reason.

o Similarly, vocational training should also be available to migrant workers.

o While this might be difficult to realize in practice, particularly for temporary migrant workers,
opportunities for the development of skills are vital for several reasons, including integration in
the labour market and prevention of social exclusion in the destination country. Furthermore, in
cases where migrant workers return to their countries of origin, development of skills helps them
contribute to those countries’ economies.

- Trade union rights:

o Trade union rights are recognized universally in a number of international human rights instruments
(ICCPR Art. 22) as well as in pertinent ILO Conventions (Conventions Nos. 87 and 98).

o Trade unions rights are not just employment rights but are also civil rights, and include the rights
to freedom of association and collective bargaining.

o Outline the following components of trade union rights:

· T
 he right to join existing trade unions applies to all foreign workers, including irregular workers
(this right can only be effective if national trade unions take a positive and inclusive approach
to the situation of migrant workers).

· T
 he right also covers the formation of separate trade unions (although joining established
unions may be preferable because of their stronger position) as well as migrant associations,
which can play an important role in protecting migrant workers’ rights.

- Highlight the fact that it is also necessary to ensure that labour protections apply to those employment
sectors that contain a large or disproportionate number of migrant workers.

o For instance, domestic/household employment, care work, agriculture, construction.

- Equal treatment with nationals with regard to rights arising out of past employment:

o Highlight the fact that both ILO Convention No. 143 and the UN Migrant Workers Convention
emphasize that the right to equal treatment with nationals should be protected with regards to
all migrants, including irregular migrant workers (see Article 9(1) of ILO Convention No. 143 and
Articles 25(3) and 27 of the UN Convention).

o In particular, equal treatment should apply to:

· R
 emuneration (i.e., past wages). This is especially important for irregular migrant workers
because employers often attempt to hide behind the unauthorized employment in order to
avoid their obligations.

· S
 ocial security. Equal treatment in the social security field with respect to past employment
includes the possibility of reimbursement of social security contributions or the export of
benefits to the migrants’ country of origin.

50
 Module B

Other economic and social rights of particular importance:

• Two social rights of importance to migrant workers are also traditional types of social security: access to
medical care and entitlement to unemployment benefits.

- Access to medical care:

o The right to health is recognized by the International Covenant on Economic, Social and Cultural
Rights (Art. 12).

o Regarding the applicability to migrant workers of the right to health, the possibility of a distinction
of treatment between nationals and non-nationals, regardless of their status, regular or irregular,
appears to be significantly narrowed (See CESCR’s General Comment No 14).

o The UN Migrant Workers Convention distinguishes between emergency medical treatment,

which should be available to all migrant workers and their families, including those in an irregular
situation (Article 28), and access to health care facilities in the broader sense, which should also
be accorded to lawfully resident migrant workers and members of their families (Articles 43(1)
(e) and Article 45(1)(c)).

- Access to unemployment benefits:

o As this is a contributory benefit, it is a recognized principle in both the UN Convention and the
ILO instruments (as well as the European Convention on the Legal Status of Migrant Workers)
that unemployed migrant workers should be entitled to this benefit and to stay in the country for
so long as the benefit is payable.

o In other words, the loss of migrants’ employment should not automatically result in the loss of
their residence status.

o In practice, access to unemployment benefits is problematic for migrant workers in a number

of countries.

• Three other important social rights are: the right to access housing, the right to access education
(particularly relevant to migrant children), and the right to family life.

- Access to housing:

o ICESCR Article 11(1) recognises the right to an adequate standard of living, including adequate
housing.

o Migrant housing/accommodation is a particular problem affecting labour migration in a number

of regions, especially in large cities. The UN Migrant Workers Convention in Article 43(1)(d)
emphasizes the principle of equal treatment between lawfully resident migrant workers and
nationals with respect to access to housing, which includes social or public housing.

- Access to education:

o The right to education is recognised by ICESCR Art. 13. It requires the state to make primary,
secondary and higher education available and accessible to all. As with the right to health, the
possibility of a distinction of treatment between nationals and non-nationals, regardless of their
status, regular or irregular, appears to be significantly narrowed.

o The UN Migrant Workers Convention proclaims the right of the children of all migrants (including
irregular migrants) to access education on the basis of equality of treatment with nationals
(Article 30), and access to educational institutions and services on equal terms with nationals for
lawfully resident migrant workers and their families (Articles 43(1)(a) and 45(1)(a)).

- The right to family life / family reunification:

o The right to family life is recognised by ICCPR, Arts. 17 and 23.

51
Module B

o It is particularly relevant with regards to admission and expulsion, both areas where state’s
powers are very broad.

o In case of potential expulsion, the right to family life requires balancing the state’s interest in
expelling the family member, with the interest of families in remaining together in the destination
country.

o Although international instruments do not provide for an unequivocal right to family reunification,
both ILO Convention No. 143 and the UN Convention stipulate that family reunification should
be facilitated.

Summary (5 min)
• Civil rights (including freedom from slavery, forced labour, degrading or inhuman treatment, freedom from
arbitrary arrest and detention, freedom of movement and the right to leave, and the right to a fair trial) are
fundamental rights that must be granted to migrant workers on equal terms with nationals, regardless of
their legal status – regular or irregular.

• Employment and social rights form the core of the foreign workers’ legal status in destination countries.

- Migrant workers’ access to employment or to the labour market is an important entitlement, which
can play a vital role in promoting migrants’ integration in the destination country.

- With regards to employment rights (right to equal remuneration, right to protection from dismissal
and vocational training, trade union rights, and rights arising out of past employment), all migrant
workers should be treated on equal terms with nationals.

• Other economic and social rights (such as the right to access medical care, access to unemployment
benefits, access to housing, access to education, and family reunification) are of particular importance,
particularly in the context of integration of migrant workers in the host society.

• A number of economic and social rights, such as the rights to family reunification and to access to social
assistance (i.e., non-contributory benefits) are harder to satisfy in practice with respect to short-term or
temporary foreign workers.

Resources for facilitator preparation

See bibliography at the end of Module B

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 Module B

Session 4: Group activity and conclusion

Suggested duration 35 min total

30 min Group activity

5 min Conclusion
Methodology Presentation and Group activity
You will need Flip chart, pen, Module B slides, Module B Session 4 worksheet (trainer
version)
Participants will need Copy of slides, relevant legal instruments, Module B Session 4 worksheet

Group activity Slides 21-22

Duration: 35 min

• Introducing the activity

- Introduce the activity by dividing participants into their groups.

- Distribute worksheets to each participant.

- Ask participants to examine the case study and to consider the following question within their
groups:

o Are any human rights being violated in the situations described? If so, which ones? Explain.

o With reference to what we covered in Session 2 (Universal and Regional Frameworks), do

you know in which instruments those rights are enshrined?

- Tell the groups that they have 15 minutes to discuss.

- Explain that each group will report back on one phase of the case study.

• Feedback from groups

- Ask each group to present briefly their responses to one phase (5 min each), ensuring each
scenario is covered.

- Invite comments from other groups after each phase is presented.

• Complement the responses from the participants using Answers and Trainer notes accompanying the
case study in the present Trainer Manual (5 min).

Conclusion: establishing an equitable legal status for migrant workers (5 min) Slide 23

• Highlight the fact that establishing an equitable legal status for migrant workers serves the interests of
countries of origin as well as countries of destination.

- By ratifying these standards, countries of origin underline the importance of protecting their
workers.

- Moreover, ensuring equality between national workers and migrant workers with respect to
employment, work conditions and trade union rights, protects both sets of workers.

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Module B

- Exploitation of migrant workers can only result in worse working and employment conditions for
national workers as well.

• Highlight the fact that establishing an equitable legal status for migrant workers enhances good relations
between the countries concerned.

- The mistreatment of workers in the destination country is hardly conducive to the maintenance of
good relations with countries of origin.

• Highlight the fact that establishing an equitable legal status for migrant workers sends a clear message to
employers and others who may wish to exploit migrant workers or indeed the whole of their workforce.

Resources for facilitator preparation

See bibliography at the end of Module B

54
 Module B

Power Point Module B:

International Migration Law framework for the protection of migrant workers

SLIDE 1 SLIDE 2

Module B: International
Migration Law framework
for the protection of Session I
migrant workers Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

By the end of this Module you will:

Module Aim

Understand the position of migrant workers under human
rights law.
Module B aims to provide an
overview of International

Be familiar with International Migration Law for the
Migration Law for the protection protection of migrant workers.
of migrant workers, in the context
of their fundamental human
Be able to broadly assess national practices with reference
rights. to existing international and regional standards.

Be able to apply existing international and regional

standards to a concrete national context.

55
Module B

SLIDE 5 SLIDE 6

Session 1: introduction Session 1: introduction

Group activity State’s sovereign powers regarding

admission and expulsion of foreigners

Absence of a right of foreigners to enter a state’s territory

Broad legitimate grounds for refusal of admission or

expulsion
Different visions on legal frameworks:
Government of a country of origin
But State’s powers are subject to the rules of International
Migration Law e.g. refugee law, human rights law
NGO representing migrant workers
Trade union

SLIDE 7 SLIDE 8

Session 2: Universal and regional legal frameworks

Universal instruments

General international human rights law

Session II

ILO international labour standards
International Migration Law

UN Convention on Migrant Workers (1990)

56
 Module B

SLIDE 9 SLIDE 10

Session 2: Universal and regional legal frameworks Session 2: Universal and regional legal frameworks

International labour standards

General international human rights law
specifically relating to migrant workers

International Bill of Human Rights ILO Convention 97 (1949) ILO Convention 143 (1975)
 Universal Declaration of Human Rights
48 State Parties
23 State Parties
 International Covenant on Civil and Political Rights (ICCPR)

Applicable only to lawfully resident
Protects basic human rights of
 International Covenant on Economic, Social and Cultural Rights migrant workers all migrant workers, including
(ICESCR) irregular migrants

Equal treatment with nationals
with respect to wages and working
Specifically, the rights of

Other human rights instruments conditions, trade union rights, irregular migrants arising from
 e.g. ICERD, CEDAW, CAT, CRC social security, accommodation, past employment are
and access to courts safeguarded

Universal principle of non-discrimination
Accompanied by
Principle of equal treatment of
 An indirect right / an autonomous right Recommendation No. 86 (1949) regular migrants with nationals
 Content of the principle
which includes a model bilateral
Accompanied by
agreement Recommendation No. 151
 Non-discrimination and distinction of treatment
(1975)

SLIDE 11 SLIDE 12

Session 2: Universal and regional legal frameworks Session 2: Universal and regional legal frameworks

UN Convention on Migrant Workers Regional legal frameworks

Comprehensive model for a national legal framework to
Africa

regulate the legal status of migrant workers and their  African Charter on Human and Peoples’ Rights (1981)
families

Americas

Protects the basic rights of all migrant workers and their  American Convention on Human Rights (1969)
families (lawfully resident and irregular migrants) (Part III)

Europe
 Council of Europe standards

Grants regular migrants a number of additional rights on the
 European Union law
basis of equality with nationals (Part IV)

57
Module B

SLIDE 13 SLIDE 14

Session 2: Universal and regional legal frameworks Session 2: Universal and regional legal frameworks

Council of Europe standards European Union law on third-country

nationals

European Convention on Human Rights 1950
Directive 2003/86 of 22 September 2003 on the right to
 Article 8 – right to respect for family and private life family reunification
 Article 14 – non-discrimination (including nationality)

Directive 2003/109 of 25 November 2003 concerning the

European Social Charter 1961/ Revised Charter 1996 status of third-country nationals who are long-term residents
 Only applicable to migrants who are nationals of Council of Europe
Member States

Directive 2004/114 of 13 December 2004 regarding
students and Directive 2005/71 of 12 October 2005

European Convention on the Legal Status of Migrant
Workers 1977 regarding researchers
 Only applicable to lawfully resident migrant workers from other
Contracting parties
Directive 2009/50/EC of 25 May 2009 on the conditions of
 Equal treatment with nationals in defined areas entry and residence of third-country nationals for the
 Ratified by 11 State parties purposes of highly qualified employment

SLIDE 15 SLIDE 16

Session 3: Migrants’ rights

Civil rights

Freedom from slavery, forced labour, degrading or inhuman
Session III treatment
 Trafficking
 Debt bondage
Migrants’ civil rights,  Other forms of exploitation

employment rights and other
Freedom from arbitrary arrest and detention

Freedom of movement and the right to leave the country
rights  No confiscation of passports / travel documents

Effective protection from violence, threats and intimidation,

xenophobia and discrimination

Right to a fair trial

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 Module B

SLIDE 17 SLIDE 18

Session 3: Migrants’ rights Session 3: Migrants’ rights

Access to employment (right to work) Employment rights

Absence of a general right of migrant workers to freely
Rights to equal work and employment conditions with
access labour markets nationals
 Right to equal remuneration for work of equal value
 Prohibition of unlawful deductions from salaries

ILO Convention No. 143 provides lawfully resident migrant
 ILO Convention No. 95 of 1949 on the Protection of Wages
workers with free access to the labour market after two years
of employment or after completion of the first work contract

Protection from dismissal / access to vocational training

SLIDE 19 SLIDE 20

Session 3: Migrants’ rights Session 3: Migrants’ rights

Employment rights Other economic and social rights

Trade union rights (freedom of association and collective
bargaining) ICESCR (Art. 8); ILO C87 and C98
Medical / health care (and social services)
 to join existing trade unions
 to form own trade unions and migrant associations

Unemployment benefit

Labour protections apply to sectors that employ mainly
migrant workers
Access to housing
 e.g. construction, agriculture, domestic work/ household employment

Access to education

Rights arising out of past employment
 Remuneration (past wages)

Family reunification
 Social security

59
Module B

SLIDE 21 SLIDE 22

Session 4: Small group activity and conclusions

Group activity

Session IV
Small group activity and
conclusions Georges Lokai migration story

Think about the application of international norms protecting

migrant workers in a concrete situation

SLIDE 23 SLIDE 24

Session 4: Small group activity and conclusions

Conclusions

Establishing an equitable legal status for migrant workers

 Is in the interests of both countries of origin and destination Thank you!

 Protects both migrant and national workers

 Enhances good relations between the countries concerned

 Sends a clear message to employers who may wish/ be tempted to

exploit their (migrant) workforce

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 Module B

Module B, Session 4: Group activity and conclusion

ANNEX

Participant worksheet for group activity and trainer notes

Case study: George Lokai’s migration story

1) George Lokai, a national of Bahania, has been engaged to work in the tourism industry of Austrasia. He
is informed by the Austrasian immigration authorities that he needs to apply for a stay permit and a work
permit. The Austrasian immigration law and administrative practices request the applicant to provide
the following documents in order to be granted a work and residence permit: a clean criminal record; a
certificate of moral character; a proof of accommodation; a signed work contract; and a health certificate
including a certificate of HIV negativity. Mr. Lokai fulfills these requirements. He obtains the permits,
moves to Austrasia and starts to work.

2) After two years of residence in Austrasia, Mr. Lokai obtains family reunification with his wife and his two
minor daughters. Mr. Lokai would have liked to be reunited with his son who is 25 years old and with his
own mother but, according to the immigration law, family reunification is limited to the spouse and minor
children. Moreover, the immigration law explicitly prohibits family members from accessing employment
or pursuing classes at the public national university.

3) A few years later, while Mr. Lokai is still working in Austrasia, he is randomly tested for HIV within his
firm. The result appears positive, and Mr. Lokai is fired. While he is covered by Austrasia’s national social
insurance scheme, he discovers that according to the Social Security Act, foreigners do not benefit
from the same coverage as nationals. While nationals can benefit from antiretroviral treatment for free,
foreigners cannot. Furthermore, the firm that was employing Mr. Lokai transmitted the information related
to Mr. Lokai’s HIV status to the administrative authorities, complying with a ministerial instruction that
requires employers to report the HIV positivity of their foreign employees to the competent authorities.
Mr. Lokai and his family are subsequently expelled, pursuant to an immigration law that prohibits the
stay of foreigners living with HIV. Mr. Lokai would like to challenge the expulsion order in court, but he is
informed that his irregular situation does not allow him to access the Austrasian courts/tribunals.

For each phase of Mr. Lokai’s immigration story, assess the compliance of Austrasia’s legal regime and
practice with international law. Austrasia is party to all the major international instruments protecting
migrant workers.

Try to specify the international conventions that have been breached, and also identify the practical
and policy issues that would need to be considered in bringing national law into line with international
conventions.

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Module B

Answers and Trainer notes

1)

• Remind participants of the significant powers of the state with respect to the admission of foreigners
into its territory, and of the absence of a right to be admitted. Most requirements of Austrasia are
common conditions imposed by states regarding entry and stay on their territory that comply with
international law.

• The requirement of a certificate of moral character is rather unusual, although a number of immigration
laws require that the applicant does not intend to exercise any immoral activity in the considered
country. This requirement falls under the wide and vague notion of public order.

• While the presentation of a medical certificate is a habitual requirement, the requirement of a certificate
of HIV negativity is highly contestable.

- States that impose HIV/AIDS-related entry and stay restrictions justify their practices primarily on
the grounds of protection of public health and the public purse. These two grounds are classical
and internationally accepted reasons for a state to refuse admission and stay of foreigners.
However, it is generally argued that migration and travel of persons living with HIV/AIDS do not
present, in themselves, a threat to public health. Such is the position of IOM, ILO, WHO and
UNAIDS on the matter. As for the argument of health-related costs, this ground is clearly lacking
in value when the foreigner does not intend to reside permanently within the national territory.
Even when a migrant does intend to reside permanently, this justification for HIV/AIDS-related
entry and stay restrictions is nonetheless contestable.

- One can thus challenge the reasonableness of distinctions established by certain states
regarding entry and stay of foreigners on the basis of their HIV/AIDS status. Therefore, the
discriminatory nature of such practices should be discussed. This is an application of the
principle of non discrimination invoked in an autonomous way (Art. 26, International Covenant
on Civil and Political Rights).

2)

• Remember the absence of a recognized specific right to family reunification under general international
law, despite the existence of a right to family life, which constitutes an incentive in this regard.

- Remember also that the ILO Convention No. 143 and the UN Migrant Workers Convention
stipulate that family reunification should be facilitated. See also Article 19(6) of the European
Social Charter and Article 12 of the European Convention on the Legal Status of Migrant
Workers, which are arguably stronger provisions.

- The limitation of family reunification to the spouse and minor children is a common and
internationally accepted practice of states.
• International Migration Law does not recognize foreigners’ general right to employment. The practice
of Austrasia regarding employment of family members does not seem to violate international law. It is
nevertheless debatable whether it is a sound policy.

• Refusal of access to education is a violation of International Migration Law (Art. 13, International
Covenant on Economic, Social and Cultural Rights; Art. 45, UN Migrant Workers Convention).

3)
• The specific provisions of the social security act violate the internationally recognized right to health
(Art. 12, International Covenant on Economic, Social and Cultural Rights; Art. 43, UN Migrant Workers
Convention).

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 Module B

Answers and Trainer notes (Continued)

• Regarding expulsion on the grounds of the HIV status of Mr. Lokai, the elements expressed previously
with regards to admission and stay can be transposed. As states’ powers are weaker with regard to
expulsion, these elements will have a stronger legal weight. Moreover, the right to family life often plays
an important role to challenge the legality of the expulsion. It is less relevant in this case, however,
because Mr. Lokai’s family can go back with him to the country of origin.

• Refusal of access to court is likely to constitute a violation of international law (Art. 14, International
Covenant on Civil and Political Rights; Art. 18, UN Migrant Workers Convention).

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 27-36
Chetail, V., “Freedom of Movement and Transnational Migrations: A Human Rights Perspective” in Aleinikoff, T., A. and Chetail, V.
(eds.), Migration and International Legal Norms, T.C.M. Asser Press, The Hague, 2003
Cholewinski, R., Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment, Clarendon Press,
Oxford, 1997
Cholewinski, R., Study on Obstacles to Effective Access of Irregular Migrants to Minimum Social Rights, Council of Europe, Strasbourg,
2005
Cholewinski, R., “The Human and Labor Rights of Migrants: Visions of Equality”, Georgetown Immigration Law Journal, Vol. 22:177,
2008, pp. 177-219
Cholewinski, R., Macdonald, E. and Perruchoud, R. (eds.), International Migration Law: Developing Paradigms and Key Challenges,
Asser Press, The Hague, 2007
Cholewinski, R., Macdonald, E., The Migrant Workers Convention in Europe: Obstacles to the Ratification of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of their Families: EU/EEA Perspectives, UNESCO, 2007
Available at: http://unesdoc.unesco.org/images/0015/001525/152537E.pdf
Dent, J. A., Research Paper on the Social and Economic Rights of Non-Nationals in Europe, European Council on Refugees and Exiles,
1998
Available at: http://www.ecre.org/files/socecon.pdf
European Court of Human Rights, Gaygusuz v. Austria, 16 September 1996
Available at: http://www.unhcr.org/refworld/docid/3ae6b6f12c.html
European Court of Human Rights, Poirrez v. France, 30 September 2003
European Union, Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2003:251:0012:0018:EN:PDF
European Union, Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-
term residents
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:016:0044:0053:EN:PDF
European Union, Council Directive 2004/114/EC of 13 December 2004 on the admission of third-country nationals for the purposes of
studies, pupil exchange, unremunerated training or voluntary service
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:375:0012:0018:EN:PDF
European Union, Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the
purpose of scientific research
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:289:0015:0022:EN:PDF
European Union, Commission, Proposal for a Council Directive on a single application procedure for a single permit for third-country
nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing
in a Member State, COM (2007) 638, 23 October 2007
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0638:FIN:EN:PDF
European Union, Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for
the purposes of highly qualified employment
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:155:0017:0029:EN:PDF
Fitzpatrick, J., “The Human Rights of Migrants” in Aleinikoff, T., A. and Chetail, V. (eds.), Migration and International Legal Norms,
T.C.M. Asser Press The Hague, 2003
ILO, Migration for Employment Convention (Revised), 1st July 1949 (C97)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C097

63
Module B

ILO, Recommendation concerning Migration for Employment (Revised 1949), 1st July 1949 (R86)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?R086
ILO, Migrant Workers (Supplementary Provisions) Convention, 24 June 1975 (C143)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C143
ILO, Recommendation concerning Migrant Workers, 24, June 1975 (R151)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?R151
IOM, International Legal Norms and Migration: An Analysis, IOM, 2003
International Steering Committee for the Campaign for Ratification of the Migrants Rights Convention, Guide on Ratification of the
International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 2009
Available at: http://www.ohchr.org/Documents/Press/HandbookFINAL.PDF
Martin, D. A., “The Authority and Responsibility of States” in Aleinikoff, T., A. and Chetail, V. (eds.), Migration and International Legal
Norms, T.C.M. Asser Press The Hague, 2003
Council of Europe, European Convention on the Protection of Human Rights and Fundamental Freedoms, 4 November 1950
Available at: http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm
Council of Europe, European Social Charter, 18 October 1961
Available at: http://conventions.coe.int/Treaty/EN/treaties/html/035.htm
Council of Europe, European Convention on the Legal Status of Migrant Workers, 24 November 1977
Available at: http://conventions.coe.int/Treaty/EN/Treaties/Html/093.htm
Council of Europe, European Social Charter, Additional Protocol, 5 May 1988
Available at: http://conventions.coe.int/Treaty/EN/Treaties/Html/128.htm
Council of Europe, Revised European Social Charter, 3 May 1996
Available at: http://conventions.coe.int/Treaty/en/Treaties/Html/163.htm
United Nations, Universal Declaration of Human Rights, 10 December 1948
Available at: http://www.un.org/en/documents/udhr/
United Nations, International Convention on the Elimination of All Forms of Racial Discrimination, General Assembly, 21 December
1965
Available at: http://www.unhchr.ch/html/menu3/b/d_icerd.htm
United Nations, International Covenant on Economic, Social and Cultural Rights, 16 December 1966
Available at: http://www.unhchr.ch/html/menu3/b/a_cescr.htm
United Nations, International Covenant on Civil and Political Rights, 16 December 1966
Available at: http://www.unhchr.ch/html/menu3/b/a_ccpr.htm
United Nations, Convention on the Elimination of All Forms of Discrimination against Women, 18 December 1979
Available at: http://www.unhchr.ch/html/menu3/b/e1cedaw.htm
United Nations, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 10 December 1984
Available at: http://www.unhchr.ch/html/menu3/b/h_cat39.htm
United Nations, Convention on the Rights of the Child, 20 November 1989
Available at: http://www.unhchr.ch/html/menu3/b/k2crc.htm
United Nations, International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 18
December 1990
Available at: http://www.unhchr.ch/html/menu3/b/m_mwctoc.htm
Weissbrodt, D., Final report on the rights of non-citizens to the UN Sub-Commission on Promotion and Protection of Human Rights,
2003
Available at: http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/E.CN.4.Sub.2.2003.23.En?Opendocument

64
Course 1
International Migration Law and cooperation framework for the development
of labour migration policies

Module C
Module C
International cooperation
for the facilitation of labour
migration

65
Module C

Module C: International cooperation for

the facilitation of labour migration
Suggested total duration: 2 h
Duration Session
10 min Session 1: Introducing Module C
15 min Session 2: Global-level cooperation
25 min Session 3: Regional cooperation
1 h 10 min Session 4: Bilateral labour arrangements

Aim of Module C
Module C aims to:

• Provide an overview of the principal forms of inter-state cooperation in managing labour migration,
including multilateral, regional and bilateral arrangements; formal and less formal mechanisms;

• Consider a specific regional framework for labour mobility, the free movement of workers regime in the
European Union;

• Present and discuss in some detail the objectives, content and efficiency of bilateral labour
arrangements.

Learning outcomes for Module C

• Understand the principal forms of cooperation between countries of origin and countries of destination in
managing labour migration, and the importance of such cooperation in developing effective, successful,
and equitable managed labour migration systems.

• Gain an understanding of a specific regional framework for facilitating labour mobility in the context of
economic regional integration, the free movement of workers regime in the European Union.

• Acquire extensive knowledge of the different types of bilateral labour agreements, as well as of best
practices in concluding and implementing such agreements.

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 Module C

Session 1: Introducing Module C

Suggested duration 10 min total

Methodology Presentation and Question activity
You will need Flip chart, pen, Module C slides
Participants will need Copy of slides

Present aims and outcomes for Module C Slides 1-4

• Aim of Module C:

- To provide an overview of the principal forms of inter-state cooperation in managing labour migration,
including multilateral, regional and bilateral; formal and less formal mechanisms.

- To consider a specific regional framework for labour mobility: the free movement of workers regime
in the European Union.

- To present and discuss in some detail the objectives, content and efficiency of bilateral labour
arrangements.

• Learning outcomes of Module C:

- To understand the principal forms of cooperation between countries of origin and countries of
destination in managing labour migration and the importance of such cooperation in developing
effective, successful and equitable managed labour migration systems;

- To gain an understanding of a specific regional framework for facilitating labour mobility in the context
of economic regional integration: the free movement of workers regime in the European Union;

- To acquire extensive knowledge of the different types of bilateral labour agreements, as well as of
best practices in concluding and implementing such agreements.

Question activity

Duration: 5 min

• Aim of the activity:

To enable participants to reflect on why international cooperation in migration is needed.

• Ask select individuals to list some reasons why, in their opinion, international cooperation is important
in the context of labour migration management.

International cooperation: the context Slide 5

• In summing up, highlight the following factors explaining the need for international cooperation:

- Migration is by nature a transnational process:

o The migration process involves complex relationships between the migrant and a variety of
public and private stakeholders in countries of origin, transit and destination.

o Policies adopted by other countries may have an influence on the migration flows towards a
considered country as well as on the effectiveness of its domestic policies.

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Module C

- There is no comprehensive international migration regime:

o The admission of persons to states for the purpose of employment is regulated principally by
national laws and policies.

o Recall the broad powers of the state regarding admission of foreigners on their territory (see
Module B International legal framework for protection of migrant workers).

- The efficiency of unilateral approaches is limited:

o Dialogue and cooperation are needed in order to develop policies that benefit all – countries of
origin, countries of destination and the migrants themselves.

o This need for international cooperation has been increasingly acknowledged within the
international community.

• International intergovernmental cooperation can take a variety of forms:

- Formal or less formal mechanisms:

o Formal mechanisms of international cooperation refer to the conclusion of legally binding

agreements between states.

o Less formal mechanisms of international cooperation refer to non-binding arrangements and

consultative mechanisms.

- Cooperation at the global, regional and bilateral levels:

o Indicate that the present module will follow this tripartite structure – global, regional, and bilateral
cooperation.

o Indicate that with regards to regional frameworks for labour mobility, the present module will
examine, in some detail, the free movement of workers in the European Union.

• Point out that while the present module focuses on intergovernmental cooperation, attention must also
be paid to other important forms of international cooperation on migration, particularly those involving
trade unions and employer bodies.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 187-213

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 355-392

68
 Module C

Session 2: Global-level cooperation

Suggested duration 15 min total

5 min Global-level instruments

10 min Global, less formal mechanisms

Summary
Methodology Presentation
You will need Flip chart, pen, Module C slides
Participants will need Copy of slides

Trainer note
Because this session is quite presentation-heavy, make sure throughout the session to pose questions to
participants in order to reinforce learning.

Global-level instruments (5 min) Slides 6-8

Intergovernmental cooperation in international conventions Slides 6-7

- ILO Conventions No. 97 and No. 143 and the UN Convention on Migrant Workers (IRCMW) include
provisions related to intergovernmental cooperation.

- Outline the following elements regarding ILO instruments:

o The accompanying Recommendation (No. 86) of ILO Convention No. 97 contains in its annex a
model bilateral labour migration agreement.

o Part I of Convention No. 143 imposes obligations upon States parties to cooperate with a view
to preventing abuses in the migration process.

- Outline the following elements regarding IRCMW:

o Under Art. 64, States Parties are under a general obligation to consult and cooperate “with a
view to promoting sound, equitable and humane conditions in connection with international
migration of workers and members of their families” and “[i]n this respect, due regard shall be
paid not only to labour needs and resources, but also to the social, economic, cultural and other
needs of migrant workers and members of their families involved, as well as to the consequences
of such migration for the communities concerned.”

o Art. 67 deals more specifically with cooperation in the adoption of measures regarding the
orderly return, resettlement and reintegration of migrant workers and members of their families
to the state of origin.

- Recall the fact that these instruments have not received the type of wide-ranging acceptance that
would allow for the development of a framework for multilateral cooperation.

General Agreement on Trade in Services (GATS) Slide 8

- Present an overview of the GATS with regards to labour migration:

o The GATS operates under the auspices of the World Trade Organization (WTO).

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Module C

o Mode IV of the Agreement contains rules concerning labour migration in the context of the trade
in services.

o Mode IV offers a multilateral framework for negotiations, with a set of rules designed to facilitate
the movement of service providers.

- Present the limits of GATS Mode IV:

o The GATS does not create universal criteria for the admission of defined categories of service
providers.

o The aforementioned rules are limited in practice to a narrow category of migrants, primarily to
those working for multinational companies, such as executives, managers and specialists, and
intra-company transferees.

o Moreover, this movement can only take place on a temporary basis. For example, business
visitors are generally permitted to stay for up to 90 days. Permanent presence in the country is
expressly excluded.

- Recall the difficulties encountered during the recent WTO trade negotiations:

o Delegations from developing countries have sought greater access to labour markets in
developed countries, particularly by broadening the categories of persons who can enter and
by simplifying admission rules.

o Multilateral trade negotiations stalled at Cancun in September 2003, and no significant progress
was made since then.

Global, less formal mechanisms (10 min) Slide 9

• Introduce the topic by presenting the purpose of such non-binding initiatives:

- They aim to promote dialogue as well as the exchange and the development of efficient practices in
managing labour migration.

- Few initiatives focus on labour migration; most agendas cover migration in a broader way.

• Outline the following elements regarding a selection of global initiatives:

- The Global Forum on Migration and Development (GFMD):

o Initiated at the UN General Assembly’s High-Level Dialogue on Migration and Development in

September 2006, with annual meetings organized since then.

o Is a state-driven process that operates outside the UN system, but keeps links with it through
the UN Secretary General’s Special Representative for Migration.

o For a more comprehensive presentation of the GFMD, refer to the textbox below.

- The IOM’s International Dialogue on Migration (IDM) :

o Aims to contribute to a better understanding of migration and to strengthen cooperative

intergovernmental mechanisms.

o The IDM’s activities are composed of annual sessions and two or three inter-sessional workshops
organized each year.

o For a more comprehensive presentation of the IDM, refer to the textbox below.

- The ILO Multilateral Framework on Labour Migration:

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 Module C

o Initiated at the 92nd session of the International Labour Conference (ILC) in 2004; formulated by
a Tripartite Meeting of Experts in November 2005.

o Composed of a set of non-binding principles, guidelines and best practices on the development,
improvement/strengthening, implementation. and evaluation of national and international labour
migration policies.

o The Framework aims to foster cooperation in order to assist in the implementation of effective
policies on labour migration.

Global Forum on Migration and Development

Conceived as an informal, multilateral and state-led process, the Global Forum on Migration and
Development (GFMD) is intended to add value to the current debate on international migration and
development by fostering international cooperation, enhancing inter-state dialogue and discussing and
promoting new policy ideas in the field of migration and its interrelation with development.

The goals of the GFMD are threefold:

- to bring together governments’, international organizations’, and other stakeholders’ expertise

from all regions to enhance dialogue, cooperation and partnership in the areas of migration and
development;

- to address, in a transparent manner, the multi-dimensional aspects, opportunities and

challenges related to international migration and its inter-linkages with development;

- to foster practical and action-oriented outcomes at the national, regional and global levels.

Through a participative and sustained dialogue between developing and developed countries the
Forum seeks to arrive at common and evidence-based understandings on those areas where migration
policies have the greatest potential to contribute to development, and where development policies take
greater account of migration and its potential benefits for development. The Forum is also intended to
make explicit the growing recognition that international migration is a normal and crucial element in the
development process.

So far the GFMD has met on three occasions:

- On July 9-11, 2007, the first meeting of the Global Forum on Migration and Development took
place in Brussels. Common outcomes from this first forum included the need for capacity
building, including the need for data collection on migration flows and impact analyses, policy
coherence at all levels of governance and within a broad range of policy areas, and respect
for human rights and gender equality. The forum also proposed a variety of pilot projects to be
developed.

- The second GFMD took place in Manila from October 28-30, 2008. The theme of the Manila
Forum was “Protecting and Empowering Migrants for Development,” a theme which was chosen
to reflect a growing understanding that the development benefits of migration are dependent
on the extent to which migrants are protected and empowered, both by countries of origin and
destination. The outcomes also included a series of pilot-project initiatives.

- The third GFMD took place in Athens on November 4-5, 2009. That forum’s approach
acknowledged that migration is a consequence rather than a cause of lack of development. The
theme of the forum was to integrate migration into development policy planning.

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Module C

International Dialogue on Migration (IDM)

The International Dialogue on Migration (IDM), hosted by the IOM, provides an opportunity for
governments, inter-governmental and non-governmental organizations and other stakeholders to discuss
migration policy issues, in order to explore and study policy issues of common interest and to cooperate
in addressing them.

The IDM was launched at the 50th anniversary session of the IOM Council in 2001 and since then has
provided a forum for migration dialogue, which takes place at the annual Council sessions and at the
inter-sessional workshops.

The 2007 workshop took place under the overall theme of “Migration Management in the Evolving Global
Economy” and had three main objectives:

- to bring together representatives of the various authorities involved in the management of labour
migration, including policymakers and other stakeholders directly responsible for these issues;

- to share experiences relating to labour migration management from the perspectives of migrants
themselves, public- and private-sector actors, and other non-governmental entities; and

- to identify effective tools for managing the movement of people in the context of a globalizing
economy.

Summary
- ILO Convention No. 143 and the UN Convention on Migrant Workers contain provisions imposing
cooperation on state parties.

o However, the efficacy of such provisions is limited by the sparse ratification of the conventions.

- GATS Mode IV offers a framework for cooperation, as well as rules regarding the mobility of service
providers.

o Such rules are rather limited in practice; given the difficulties in negotiations, little progress has
been made during the past years.

- Regarding less formal mechanisms, the GFMD and the IDM provide a framework for the promotion
of dialogue and the exchange of information and expertise at the global level.

o The flexibility of such mechanisms facilitates participation, but the implementation of concrete
objectives is left to the discretion of states.

- The ILO multilateral framework on labour migration is composed of a set of non-binding principles,
guidelines and best practices that include incentives for international cooperation.

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Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 187-213
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 355-392
ILO, Recommendation concerning Migration for Employment (Revised 1949), 1st July 1949 (R86)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?R086
ILO, Migrant Workers (Supplementary Provisions) Convention, 24 June 1975 (C143)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C143
ILO Multilateral Framework on Labour Migration: Non-binding Principles and Guidelines for a Rights-based Approach to Labour
Migration, ILO, 2005
Available at: http://www.ilo.org/public/libdoc/ilo/2006/106B09_343_engl.pdf
Klein Solomon, M., “GATS Mode 4 and the Mobility of Labour” in International Migration Law: Developing Paradigms and Key Challenges,
Asser Press, The Hague, 2007, pp. 107-127
Klein Solomon, M., International Migration Management through Inter-State Consultation Mechanisms, Report prepared for United
Nations Expert Group Meeting on International Migration and Development (6 to 8 July 2005)
Available at : http ://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/microsites/rcps/expert_paper_rcp.pdf
United Nations, International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, 18 December 1990
Available at: http://www.unhchr.ch/html/menu3/b/m_mwctoc.htm
Website of the Global Forum on Migration and Development, Athens’ Meeting 2009
http://www.gfmdathens2009.org

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Module C

Session 3: Regional cooperation

Suggested duration 25 min total

5 min Introduce the topic

10 min Regional integration: the European Union

10 min Regional consultative processes (RCPs)

Summary
Methodology Presentation
You will need Flip chart, pen, Module C slides
Participants will need Copy of slides

Trainer note

This session is quite presentation-heavy, so make sure to pose questions to the participants throughout
the session, in order to reinforce learning.

Introduce the topic (5 min) Slides 10-11

• Many reasons (including political, historical, social and cultural similarities) already mentioned in Module
B International legal framework for the protection of migrant workers, facilitate the conclusions of
arrangements and the launching of initiatives at the regional level.

• As with the previous session, a distinction can be made between a) formal mechanisms of regional
integration (including free movement schemes) and regional agreements (including obligations to
cooperate in regional treaties) and b) less formal initiatives, like regional consultative processes and other
informal arrangements.

• Outline the following elements regarding formal mechanisms of regional integration:

- There is an important variety of such initiatives: the European Union (EU), the North American Free
Trade Agreement (NAFTA), the Common Market for Eastern and Southern Africa (COMESA), the
Economic Community Of West African States (ECOWAS), the Caribbean Community (CARICOM),
etc.

- Free movement schemes are generally more ambitious when they form part of the development
of common markets than when they are shaped under the auspices of free trade agreement
initiatives.

- Free movement schemes are rarely implemented efficiently:

o they are more likely to succeed when the process of economic integration is already well under
way;

o they are less likely to succeed when presented as a potential engine for progress towards
regional integration.

- The free movement of labour regime of the EU is the most comprehensive.

• Outline the following elements regarding less formal initiatives:

- The variety of regional consultative processes (RCPs):

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 Module C

o Americas: Regional Conference on Migration (Puebla Process);

o Africa: Migration Dialogue for West Africa (MIDWA), Migration Dialogue for Southern Africa
(MIDSA);

o Asia: Ministerial Consultations on Overseas Employment and Contractual Labour for Countries
of Origin in Asia (Colombo Process).

- The following presentation will focus on RCPs in the OSCE and bordering regions.

Regional integration: the European Union (10 min) Slides 12-13

• Introduce the topic with the following points:

- The EU is the most extensive regional integration system as far as labour migration is concerned.

- Free movement of workers in the EU covers all forms of employment:

o Salaried or wage-earning employment (free movement of workers);

o Self-employment (freedom of establishment);

o Provision of services (freedom to provide services).

- Free movement rights of EU nationals are enshrined in the EC Treaty (the Treaty Establishing the
European Communities), have direct effect in Member State laws, and are supervised by the
European Court of Justice, whose decisions are binding on all Member States.

• Free movement of EU nationals is accompanied by an extensive set of rights which are based on the
principle of equal treatment with nationals:

- The right to free movement means that every EU citizen is entitled to travel freely in the Member
States of the European Union and to settle anywhere within the EU.

- The areas covered by the right to free movement apply to the employment context and beyond:

o Work and employment conditions (particularly those regarding remuneration and dismissal) and
trade union rights;

o Vocational training;

o Social and tax advantages (includes welfare benefits);

o Housing;

o Education of children.

- EU rules also provide for social security entitlements.

- Family reunion provisions:

o The worker’s spouse and dependent children (under the age of 21) as well as dependant parents
of the worker or spouse have the right to join the worker in the state of employment.

o The spouse and children of EU workers have free access to employment.

- Free movement rights are supported by safeguards against expulsion:

o EU workers can be expelled only if they constitute a serious threat to the public policy, public
security or public health of that State.

o These criteria have been defined restrictively by the European Court of Justice.

• Outline the following elements regarding the position of third-country nationals with regards to free
movement rights:

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Module C

- The notion of third country nationals refers to any person who is not a national of an EU Member
State.

- The EU rules on free movement of workers are concerned mainly with EU nationals, although non-
EU or third-country nationals can also benefit from “derived rights” under EU law because of their
connection with the EU worker or company:

o the non-EU spouse and children of EU workers benefit from all free movement rights, including
free access to employment, in the Member State in which the EU worker is employed.

o the Court of Justice has also ruled that EU companies can move their non-EU workers to another
EU Member State on a temporary basis in the context of the provision of services.

- EU rules on social security are extended to non-EU nationals residing in one Member State who
move to another Member State to take up employment there.

• EU enlargement and labour migration:

- Over the period 2004-2007, the EU has been transformed from a 15-country Union to one made up
of 27 countries.

- When new member states join the EU, the terms and conditions that apply to them are set out in
accession treaties. The latest accession treaties have included special transitional provisions on the
free movement of workers.

- According to the transitional arrangements, the former 15 EU Member States can derogate from the
principle of free movement of workers with respect to workers coming from the new EU Member
States for a maximum period of seven years.

- As of September 2009, transitional arrangements were still in force for Bulgarian and Romanian
citizens in some select EU Member States. Free movement should apply within the whole of the
European Union for all existing 27 European Member States by 2014.

Regional consultative processes (RCPs) (10 min) Slide 14

• Present the notion of RCP and outline the following characteristics:

- RCPs aim to discuss migration-related issues in a cooperative manner with a view to reaching a
common understanding and effective solutions for regional migration management.

- They provide structure for dialogue, exchange of information and expertise without requiring a
government to enter into formal commitments.

- RCPs can extend participation to non-state actors, such as intergovernmental organizations or

NGOs.

• Present strengths and weaknesses of RCPs:

- The informality and flexibility of RCPs fosters broader participation.

- RCPs are particularly useful when progress in formal arrangements is lagging, as they allow
continuation of dialogue.

- RCPs can enhance bilateral cooperation.

- The main weakness: the concretization of identified goals is left to the discretion of each country.

• If there is time, present the Colombo Process as an example of an RCP that focuses on labour
migration.

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 Module C

The Colombo Process

Until recently, the Colombo Process was the only Regional Consultative Process in existence which
focused exclusively on labour migration.
The aim of the Colombo process, which was created in 2003 with the support of IOM, is to provide a
forum for Asian labour sending states to:
- share information, experiences and best practices on labour migration;
- enhance dialogue; and
- t o review and monitor the implementation of recommendations agreed upon as part of the
Ministerial consultations.
Members and Observers
The Colombo Process includes the following Members and Observers:
-  1 members: Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, the
1
Philippines, Sri Lanka, Thailand, and Vietnam.
-  bservers include the following destination countries: Bahrain, Italy, Kuwait, Malaysia,
O
Qatar, the Republic of Korea, Saudi Arabia, and the United Arab Emirates (for the first time in
September 2005, certain destination countries participated in the Ministerial Consultations).
Focus of the Colombo Process
The Colombo Process focuses on protection of migrant workers and provision of services to them.
In particular, it focuses on protecting migrant workers from abusive practices in recruitment and
employment, when providing appropriate services to migrants in terms of pre-departure information
and orientation and regarding welfare provisions.
Secondly, the Colombo Process focuses on optimising the benefits of organized labour migration.
This includes developing new employment markets abroad, increasing remittance flows through
formal channels, and enhancing the development impact of remittances.
Thirdly, it focuses on capacity building, data collection, and inter-state cooperation. This includes
the institutional capacity building and information exchange to meet labour migration challenges,
increasing cooperation with destination countries in the protection of migrant workers and their
access to labour markets, and enhancing cooperation among countries of origin.
Ministerial consultations
To date there have been three Ministerial Consultations within the framework of the Colombo
Process:
-  he First Labour Migration Ministerial Consultation for Countries of Origin, April 1-2, 2003 in
T
Colombo, Sri Lanka;
-  he Second Labour Migration Ministerial Consultation for Countries of Origin in Asia,
T
September 23-24, 2004 in Manila, the Philippines;
-  he Third Ministerial Consultation on Overseas Employment and Contractual Labour for
T
Countries of Origin in Asia, September 20-21, 2005 in Bali, Indonesia.
A fourth Ministerial Consultation is planned to take place in Bangladesh in 2010.
Achievements
Participants share good practices, data and information through regular dialogue among countries of
origin of overseas contract workers in Asia.

A comprehensive training curriculum for labour attachés and overseas administrators was developed
and joint training courses were implemented in Kuwait (2004), Bangkok (2005), and Islamabad (2006).

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Module C

A regional workshop for employment agencies in Asia on placing workers in Europe and an ethical
recruitment workshop was held in Manila (2006).

A number of policy studies to support the efforts of member governments on a range of issues have
been completed.

A feasibility study was conducted to establish an Overseas Workers Resource Centre (OWRC) in
one of the labour-receiving countries in order to provide information and support services to labour
migrants and governments.

Recommendations adopted at the Ministerial Consultations have been adopted at the national level.

Summary
• Formal mechanisms of regional integration:

- Schemes for regional integration exist in almost all regions of the world.

- Regional integration must be already well developed for free movement schemes to be efficient.

- The specific situation of the EU:

o The EU has the most comprehensive and effective free movement scheme.

o Free movement of EU citizens is accompanied by an extensive set of rights based on equal

treatment with nationals.

o EU rules of free movement apply indirectly to third-country nationals who are connected to an
EU citizen (spouse and children) or an EU company.

• Regional consultative processes:

- RCPs provide a structure for interstate dialogue (that can also include non-state actors).

- They are flexible mechanisms that facilitate participation but leave the concretization of specific
goals and activities to the discretion of the states.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 187-213
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 355-392
European Union, Treaty establishing the European Community (consolidated text), Official Journal C 325 of 24 December 2002
Available at: http://eur-lex.europa.eu/en/treaties/dat/12002E/htm/12002E.html
Klein Solomon, M., International Migration Management through Inter-State Consultation Mechanisms, Report prepared for United
Nations Expert Group Meeting on International Migration and Development (6 to 8 July 2005)
Available at: http://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/microsites/rcps/expert_paper_rcp.pdf
Klekowski von Koppenfels, A., Regional Consultative Processes as a Tool in Managing Migration, IOM, 2001
Available at: http://www.iom.ch/jahia/webdav/site/myjahiasite/shared/shared/mainsite/published_docs/serial_publications/mrs3.pdf
Nielsen, A-G., “Co-operation Mechanisms” in International Migration Law: Developing Paradigms and Key Challenges, Asser Press, The
Hague, 2007, pp. 405-426
Webpage of the European Commission on free movement of EU nationals:
http://ec.europa.eu/social/main.jsp?catId=458&langId=en
Webpage of the European Commission on the Euro-Mediterranean Partnership
http://ec.europa.eu/external_relations/euromed/index_en.htm
Website of the Colombo Process
http://www.colomboprocess.org/

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 Module C

Session 4: Bilateral labour arrangements

Suggested duration 1 h 10 min total

5 min Introduce the topic

10 or 45 min Objectives of countries of origin and countries of

destination and impediments to the conclusion of BLAs

10 or 45 min The content of a comprehensive bilateral agreement for

the recruitment of foreign labour

5 min Summary
Presentation and Group activity
You will need Flip chart, pen, Module C slides, Module C Session 4 Participant worksheets
Participants will need Copy of slides, Module C: Session 4 participant worksheets, Chart “24 Basic
Elements of a Bilateral Labour Agreement”

Introduce the topic (5 min) Slides 15-16

• Present the broad definition of bilateral labour arrangements (BLAs) proposed by OECD (2003):

- “All forms of arrangements between States, regions and public institutions that provide for the
recruitment and employment of foreign short- or long-term labour.”

- This broad definition goes beyond classic, binding intergovernmental bilateral agreements and also
includes:

o Non-legal arrangements, such as Memoranda of Understanding (MoUs); and

o “Non-governmental” agreements, for example, arrangements between national employment

agencies.

• Summarize the rationale behind the conclusion of BLAs and inform the participants that this issue will be
further developed through a group activity:

- Economic reasons: to organize the match between offer and demand for labour;

- Political reasons: to promote friendly relations among States by encouraging orderly movements of
labour;

- Development reasons: to prevent the “brain drain” phenomenon.

• Highlight the variety of BLAs by presenting the following, non-exhaustive examples:

- BLAs as recruitment schemes:

o The most common categories are:

· Seasonal workers schemes;

· Contract workers and project-tied workers’ agreements;

· Trainee agreements;

· W
 orking holidays agreements, to promote cultural ties and international exchanges by giving
young adults access to work while on holiday.

- Bilateral agreements facilitating or addressing the consequences of mobility:

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Module C

o Agreements designed to control/prevent irregular migration;

o Visa facilitation agreements;

o Mutual recognition agreements (recognition of diplomas, right to practice a profession, etc.);

o Social security and double taxation agreements.

These bilateral agreements are not necessarily BLAs per se but include elements related to
labour migration issues. (For example, readmission agreements can be coupled with the opening
of channels for legal labour migration.)

Objectives of countries of origin and countries of destination, and impediments to the conclusion of
BLAs (10 min without exercise, 45 min with exercise)

Trainer note

You have the choice to use either this exercise (Countries A, B and C negotiating BLAs) or the exercise
Berninia and Crivellia negotiating a BLA later in the session. The exercise Countries A, B and C
negotiating BLAs focuses primarily on the implications of BLAs for countries of origin and countries of
destination, while the second exercise, Berninia and Crivellia negotiating a BLA, is more focused on the
actual content of a BLA.

Group activity: Countries A, B and C negotiating BLAs Slide 17

Duration: 35 min

• Aims:
- To discuss the implications of BLAs for countries of origin and countries of destination;
- To reveal the difficulties of the negotiation process.

• Outline the activity:

- Present the aim of the group activity.
- Inform participants that they will act as representatives of two countries of destination and one
country of origin entering into the process of negotiating a BLA.
- Divide participants into three groups (two groups representing A and B, countries of destination;
and one group representing C, country of origin);
- Distribute the worksheets:
o The worksheets contain the position of the each country in the negotiation.
o Countries’ respective positions should not be shared with all participants.
- Inform participants that they have 15 minutes to prepare their arguments for the negotiation
simulation.

• Full group meeting (15 min):

- Participants have ten minutes to discuss, using the arguments they have prepared.
o First, discussion between spokespersons of country A and C (5 min).
o Second, discussion spokespersons of country B and C (5 min).
- Full group discussion between on the outcomes of the group activity (5 min).

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 Module C

• Use the following elements to wrap up the group activity and present the key points that will be
developed in the rest of the session (5 min):

- Country A:

o Some states refuse to conclude BLAs:

· T
 his can be a general principle to prefer a unilateral approach (such is implicitly the case in
the exercise);

Other states do not want to conclude further BLAs.

o Possible counterproposals:
· A
 n MoU? It must be emphasized that countries of origin generally prefer legally binding
agreements that establish clear procedures, as they offer better protection.

· Informal meetings? An example is the Joint Commissions on Labour (JCLs) held by Asian
governments for achieving greater cooperation from governments of Arab states. JCLs
provide a mechanism for informal consultations between administrative authorities of the
countries of origin and destination on mutually agreed issues.

- Country B:

o The choice of seasonal workers and medical workers:

· A
 classic choice, especially seasonal workers. In general BLAs target low/medium-skilled
workers for a short- to medium-term rather than permanent migration.

· R
 egarding medical workers, Country C may have some concerns on brain drain issues.

o Readmission:
· A
 major interest for countries of destination;

· N
 ew bilateral agreements often combine readmission provisions and admission of workers,
in order to find a balance between the interests of the country of origin and the country of
destination.

- Country C:

o This group had to negotiate with the two other groups:

· T
 he idea is to show that in practice, countries of origin may lack the institutional capacity to
conduct fruitful negotiations.

o Guaranties claimed by Country C:

· C
 ountries of origin may be reluctant to accept a BLA – especially when readmission
provisions are foreseen – when access of its nationals to the labour market of the country
of destination is not guaranteed.

· S
 ome countries of origin are also reluctant because of the few mechanisms for redress that
are often offered.

· T
 he unequal power relationship between countries of destination and countries of origin
makes it difficult to negotiate BLAs that effectively protect migrant workers.

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Module C

Objectives of countries of origin and countries of destination and

impediments to the conclusion of BLAs (presentation complementary to Slide 18
exercise)

• Outline the following objectives of countries of destination:

- To satisfy their labour market needs and to better manage the labour migration process;

- To prevent or reduce irregular migration by affording regular migration opportunities;

- To promote and support broader economic relations with countries of origin;

- To preserve or strengthen ties between countries sharing historical and cultural links.

• Outline the following objectives of countries of origin in concluding BLAs:

- To offer their workers wider, facilitated access to the international labour market and to prevent
criminal activities involving the smuggling and trafficking of human beings;

- To support the link between labour migration and development by:

o Regulating outflows, including the reduction of brain drain;

o Facilitating transfer of remittances and transfer of know-how and technology;

o Building confidence between communities of origin and destination;

- To promote and protect the welfare and rights of migrant workers;

• Highlight the fact that many destination countries have declined offers from countries of origin to negotiate
such agreements.

• Outline the following factors explaining such difficulties:

- A number of countries adopt a position of principle not to conclude BLAs.

o Some countries favour a unilateral approach.

o This can be explained by the refusal of some states to limit their sovereignty on such issues.

o This can also be explained by the choice of a universal immigration policy:

The conclusion of BLAs may be regarded as discriminatory by privileging nationals of certain

countries over others.

o The conclusion of BLAs can also be seen as a source of political tension, as they are likely to
create similar expectations from other countries.

- Other countries have concluded BLAs but do not want to expand the number of such
arrangements.

o Countries of destination enter into bilateral labour agreements for two main reasons:

· To normalize a pre-existing situation with a country of origin;

· T
 o encourage/facilitate new recruitment channels in sectors which are in high demand.

· C
 ountries of origin that are outside the scope of these interests experience difficulties in
entering into bilateral cooperation.

- The lack of institutional capacity can also be a source of difficulty in pursuing negotiations, mainly for
countries of origin. (Negotiating a BLA is often a lengthy and time-consuming process.)

- Countries of origin may also be reluctant to accept a bilateral arrangement requiring, in exchange for
some limited market access, the return of nationals in an irregular situation in the destination country.

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 Module C

The content of a comprehensive bilateral agreement for the recruitment of foreign labour (15 min
without exercise; 45 min with exercise)

Trainer note

You have the choice to use either this exercise (Berninia and Crivellia negotiating BLA) or the exercise
Countries A, B and C negotiating BLAs provided earlier in the session. The exercise Countries A, B and
C negotiating BLAs focuses primarily on the implications of BLAs for countries of origin and countries
of destination, while the exercise Berninia and Crivellia negotiating a BLA is more focused on the actual
content of a BLA.

Group activity: Berninia and Crivellia negotiating a BLA Slide 19

Duration: 35 min

• Aims:

- To discuss the content of a BLA;

- To reveal the difficulties of the negotiation process.

• Outline the activity:

- Inform participants that they will act as representatives of two countries, Berninia and Crivellia,
entering into the negotiation process of a BLA that deals specifically with the recruitment of
qualified nurses.

- Inform participants that they will have to draft the main points of four articles of the BLA:

o Article 1 (Recruitment and departure);

o Article 2 (Terms of employment, protection and social benefits);

o Article 3 (Return);

o Article 4 (Administration and implementation).

- Divide participants into two groups and distribute the worksheets.

- Inform participants that each group has ten minutes to prepare the elements they want included
in the BLA, as well as the corresponding arguments for the negotiation simulation.

• Negotiation simulation and full group discussion (20 min):

- The spokespersons of each group have 15 minutes to discuss, using the arguments they have
prepared.

- Write down on a flip chart the items which the two parties have agreed upon, as well as the ones
they have disagreed on.

- Full group discussion on the outcomes of the group activity for 5 minutes.

• Complement the outcomes of the exercise by:

- Recalling relevant elements of The objectives of countries of origin and countries of destination
and impediments to the conclusion of BLAs, and

- Presenting The content of a comprehensive bilateral agreement for the recruitment of foreign
labour (presentation complementary to this exercise).

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Module C

The content of a comprehensive bilateral agreement for the recruitment of

Slide 20
foreign labour (presentation complementary to exercise)

• Explain that this presentation is based on the 24 core elements identified by ILO to be part of BLAs.
Distribute to participants the corresponding chart.

24 Basic Elements of a Bilateral Labour Agreement

1. competent government authority; 13. employment contract;

2. exchange of information; 14. employment conditions;
3. migrants in an irregular situation; 15. conflict resolution mechanism;
4. notification of job opportunities; 16. role of trade unions and collective bargaining
5. drawing up a list of candidates; rights;
6. pre-selection of candidates; 17. social security;
7. final selection of candidates; 18. remittances;
8. nomination of candidates by the employers 19. provision of housing;
(possibility for the employer to provide 20. family reunification;
directly the name of a person to be hired); 21. activities of social and religious organizations;
9. medical examination; 22. establishment of a joint commission (to monitor
10. entry documents; the agreement‘s implementation);
11. residence and work permits; 23. validity and renewal of the agreement;
12. transportation; 24. applicable jurisdiction.

• These 24 core elements can be simplified as follows:

- Admission;

- Recruitment and departure;

- The employment contract and other provisions concerning the migrant’s legal status in the destination
country;

- Return to the country of origin;

- Administration of the agreement and its implementation.

• Nationals of countries of origin may be provided preferential admission under BLAs in three different
ways:

- Special categories of workers:

o Employment of certain categories of workers (especially the low – or semi-skilled) is organized

through BLAs.

- Preferential admission for employment:

o Workers covered by a BLA can benefit from preferential admission or employment over other
foreigners.

- Preferential quota:

o A special quota can be attributed to countries having signed a BLA.

• Recruitment and departure:

- The responsibility for selection and recruitment of migrant workers under BLAs is of vital
importance.

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 Module C

o Should recruitment be carried out solely or mainly by public recruitment agencies, or also by
private ones?

o This issue, as well as other related ones, will be covered in Module D: Protection of migrant
workers: policy options for countries of origin.

- BLAs should cover the departure stage and reception in the country of destination:

o The agreement should stipulate who is responsible for organizing and paying for the migrant
worker’s travel arrangements, i.e. the employer or the worker?

o The agreement may also stipulate the post-arrival services available to the migrant worker.

• Employment contract:

- An employment contract is central to ensuring that migrant workers benefit from fair treatment.

- BLAs should outline in some detail the principal provisions that such a contract should contain.

- This issue will be covered in details in Module D Protection of migrant workers: policy options for
countries of origin.

• Legal status:

- Social security is usually regulated by additional bilateral agreements between the countries
concerned.

o If there are no such arrangements, BLAs should stipulate which country’s social security system
is applicable.

· In practice, project-linked bilateral agreements normally provide that the company of the country
of destination makes social security contributions to the system of the home country.

- The agreement may contain a provision facilitating the transfer of remittances (the migrant worker’s
earnings or savings).

- Trade union rights should be guaranteed in the agreement.

- Family reunification may be regulated in the agreement.

- The agreement may also include provisions concerning the cultural and religious welfare of migrant
workers; for example, that the freedom of migrant workers to practice their own religion in the country
of employment is recognized.

• Return:

- The agreement should stipulate who is responsible for the cost of the migrant worker’s return
transportation (i.e., the employer or the worker).

- The agreement may also contain clauses providing incentives for migrant workers to depart with a
view to preventing illegal overstaying.

• Administration and implementation:

- BLAs should contain provisions for their administration and implementation.

o These provisions should not establish an overly bureaucratic system that would only hamper the
agreement’s effective implementation.

- BLAs should specify the competent authority in each country (usually the labour ministries or offices)
responsible for the implementation of the agreement and also outline a procedure for coordination of
their respective tasks and activities.

- The role of cooperative agencies should also be specified.

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Module C

o For example, IOM acts as a cooperative agency under some agreements with a view to facilitating
their implementation.

o With regard to the agreements between Spain and Ecuador, the IOM office in Quito conducts
the pre-selection of migrant workers, generates a database of prospective migrant workers for
Spanish employers, and helps migrants travel to Spain.

- BLAs may also set up special bilateral commissions to resolve problems and disputes.

Conclusion. BLAs: what efficiency? (5 min) Slide 21

• Beyond the already-mentioned difficulties in entering into negotiations and concluding BLAs, the very
efficiency of BLAs is questionable:

- The effectiveness of BLAs is difficult to assess, due to the rarity of research on the issue.

- Nevertheless, some 25% of BLAs in OECD countries are not implemented.

• The interests of entering into BLAs must still be highlighted:

- In the absence of a global regime for international labour migration, BLAs are an important mechanism
for inter-state cooperation in protecting migrant workers, matching labour demand and supply,
managing irregular migration, and regulating recruitment.

- Regarding more specifically the protection of migrant workers:

o It can be argued that the provisions to be included in BLAs just repeat international human rights
standards.

o However, in the absence of wide-ranging acceptance of specific international standards relating

to the legal status of migrant workers, bilateral agreements may fill an important gap in their
protection.

• Outline the following reasons that seem to lead to a successful implementation of BLAs:

- They target specific sectors with a severe labour shortage.

- There is a quota or ceiling.

- Recruitment is organized.

- Institutional coordination is ensured and employers are engaged.

- The implementation phase of the BLA is organized, with sufficient flexibility.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on establishing effective labour migration policies in countries of origin and destination,
OSCE, IOM, ILO, 2007, pp. 187-213
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 355-392
OSCE, Migration for Employment: Bilateral Agreements at a Crossroads, 2004

86
 Module C

Power Point Module C:

International cooperation for the facilitation of labour migration

SLIDE 1 SLIDE 2

Module C: International
cooperation for the
facilitation of labour Session I
migration Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

By the end of this Module you will:

Module Aim

Understand the principal forms of cooperation and their

To provide an overview of the principal importance in developing effective and equitable managed
forms of inter-state cooperation in
managing labour migration labour migration systems

To consider a specific regional framework
Gain an understanding of a specific regional framework:

for labour mobility: the free movement of
workers regime in the EU the free movement of workers regime in the European
Union

To present and discuss the objectives,
content and efficacy of bilateral labour
arrangement
Acquire knowledge of the different types of bilateral labour
agreements as well as best practices in concluding and
implementing such agreements

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Module C

SLIDE 5 SLIDE 6

Session 1: introduction

International cooperation: the context

The need for international cooperation

Migration is by nature a transnational process

 There is no comprehensive international migration regime Session II
 The efficiency of unilateral approaches is limited
Global level cooperation

The various forms of international cooperation
 Formal and less formal mechanisms
 Cooperation at the global, regional and bilateral levels
 Intergovernmental cooperation and cooperation between private
entities (trade unions and employer bodies)

SLIDE 7 SLIDE 8

Session 2: Global level cooperation Session 2: Global level cooperation

Intergovernmental cooperation in General Agreement on Trade in

international conventions Services (GATS)

Operates under the auspices of the World Trade

ILO instruments Organization (WTO)
 Recommendation No. 86 includes a model bilateral labour migration
agreement
 Convention No. 143 imposes obligations upon States Parties to
Mode IV of the Agreement contains rules facilitating the
cooperate mobility of service providers

UN Convention on Migrant Workers
Limits of GATS Mode IV

 Art. 64: General duty for state parties to consult and cooperate  Limited practical impact of the rules
 Art. 67: Cooperation regarding return of migrant workers  Difficulties in negotiations

88
 Module C

SLIDE 9 SLIDE 10

Session 2: Global level cooperation

Global, less formal mechanisms

Global Forum on Migration and Development (GFMD)

Session III

IOM’s International Dialogue on Migration (IDM) Regional cooperation

ILO Multilateral Framework on Labour Migration

SLIDE 11 SLIDE 12

Session 3: Regional cooperation Session 3: Regional cooperation

Regional cooperation: generalities Free movement of labour in the EU

Rationale behind regional arrangements and initiatives
Most extensive regional integration system

Formal mechanisms of regional integration
Covers all forms of employment

 Variety of regional initiatives: EU, NAFTA, COMESA, ECOWAS,  Salaried employment
CARICOM, etc.  Self-employment
 Different levels of achievement  Service provision
 Free movement of workers regime in the EU

Free movement rights are enshrined in EC Treaty, have

Regional consultative processes (RCP) direct effect in Member State laws and are supervised by the
 Variety of RCPs: Puebla Process, MIDSA, Colombo Process, etc. European Court of Justice
 RCPs in the OSCE and bordering regions

89
Module C

SLIDE 13 SLIDE 14

Session 3: Regional cooperation Session 3: Regional cooperation

Free movement of labour in the EU Regional consultative processes

(RCPs)

Rights of EU nationals
 Equal treatment with nationals

Work and employment conditions and trade union rights
A structure for governments to discuss and exchange

Vocational training information and expertise without the obligation to enter into

Social and tax advantages
formal commitments

Housing

Education of children
 Social security entitlements
Strength and weaknesses of RCPs
 Liberal family reunion provisions
 Strong safeguards against expulsion

The Colombo Process: a RCP focusing on labour migration

Derived rights for non-EU nationals

EU enlargement and labour migration (transitional
arrangements)

SLIDE 15 SLIDE 16

Session 4: Bilateral labour arrangements

Bilateral labour arrangements (BLAs):

generalities
“All forms of arrangements between States, regions and
Session IV

public institutions that provide for the recruitment and
employment of foreign short or long-term labour”
Bilateral labour
Rationale behind the conclusion of BLAs
arrangements 

Economic reasons
Political reasons
 Development reasons

Variety of BLAs
 Recruitment schemes
 Facilitation of mobility

90
 Module C

SLIDE 17 SLIDE 18

Session 4: Bilateral labour arrangements Session 4: Bilateral labour arrangements

Group activity Objectives of countries of origin and

countries of destination

Objectives of countries of destination
 Managing labour market needs
 Controlling irregular migration

Countries A, B and C negotiating BLAs
Objectives of countries of origin

 Access the international labour market
Discuss the implications of BLAs for countries of origin and countries of
destination  Support the contribution of labour migration to development
 Protect migrant workers

Trainer note: You have the choice to use either this exercise or the exercise
Berninia and Crivellia negotiating BLA later in the session
Impediments to the conclusion of BLAs

SLIDE 19 SLIDE 20

Session 4: Bilateral labour arrangements Session 4: Bilateral labour arrangements

Group activity Content of a comprehensive BLA

Preferential admission

Recruitment and departure

Employment contract

Legal status
 Social security
 Transfer of remittances
Berninia and Crivellia negotiating a BLA  Family reunification
 Cultural and religious welfare of migrant workers
Discuss the content of a BLA

Return
Trainer note: You have the choice to use either this exercise or the exercise
Administration and implementation
Countries A, B and C negotiating BLAs earlier in the session  Competent authorities / role of cooperative agencies
 Resolution of problems and disputes

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Module C

SLIDE 21 SLIDE 22

Session 4: Bilateral labour arrangements

BLAs: What efficiency?

Around 25% of BLAs in OECD countries are apparently not
implemented

Importance of BLAs in the absence of a global regime for

international labour migration
Thank you!

Factors for a successful implementation of BLAs
 Targeting of specific sectors with a severe labour shortage
 Provisions for a quota or ceiling
 Organization of recruitment processes
 Institutional coordination and employers’ involvement
 Organization of implementation phase, with allowance for sufficient
flexibility

92
 Module C

Module C, Session 4: Bilateral labour arrangements

ANNEX 1

Exercise 1: Group 1 worksheet

Countries A, B and C negotiating bilateral labour agreements

You are representatives of Country A, a country of destination.

Country C, a country of origin, has expressed the wish to conclude a bilateral labour agreement with your
country.

At their request, a meeting with representatives of Country C is has been organized, in order to discuss
the possibility of concluding a bilateral labour agreement between the two countries.

The principle position of your country is the following:

You do not wish to enter into bilateral labour agreements.

Background

Key amongst your reasons for not wanting to enter into an agreement are the following: you face political
pressure in relation to the growing unemployment in your country; there are a large number of your
nationals returning from overseas; you are facing an election in 6 months time; two nationals of Country
C recently were convicted of trafficking workers into the country; and you are concerned about fulfilling
social security obligations for workers from Country C. You do however have a skill shortage in some
sectors which would benefit from recruiting known skilled workers in Country C.

Your task:

- Prepare relevant arguments in order to defend your position during the meeting with
representatives of Country C;

- You may consider making a counterproposal to Country C. If such is the case, prepare relevant
arguments to support it.

You have 15 min to prepare your arguments for the negotiation simulation.

Negotiation with Country C will last 10 min.

93
Module C

Module C, Session 4: Bilateral labour arrangements

ANNEX 2

Exercise 1: Group 2 worksheet

Countries A, B and C negotiating bilateral labour agreements

You are representatives of Country B, a country of destination.

Country C, a country of origin, has expressed the wish to conclude a bilateral labour agreement with your
country.

At their request, a meeting with representatives of Country C is has been organized, in order to discuss
the possibility of concluding a bilateral labour agreement between the two countries.

The principle position of Country B is the following:

Country B accepts the principle of concluding a bilateral labour agreement with Country C.

The priorities of Country B within the negotiation are the following:

- You are interested in the recruitment of foreign seasonal workers and medical workers,
and you are also keen to allow cheap construction labourers to enter the country for a
temporary, defined period of time;

- You want to reach an agreement on the readmission of Country C’s nationals residing
irregularly on Country B’s territory.

Background

You have specific skill shortages and you are keen to regularize the situation with migration from Country
C, which you know is difficult to control. You think there are around 200,000 irregular workers from
Country C on your territory at any one time, and you are eager to get agreement from Country C to
regulate this and to allow for return of workers.

Your task:

Prepare relevant arguments in order to defend your position during the meeting with representatives of
Country C

You have 15 min to prepare your arguments for the negotiation simulation.

Negotiation with Country C will last 10 min.

94
 Module C

Module C, Session 4: Bilateral labour arrangements

ANNEX 3

Exercise 1: Group 3 worksheet

Countries A, B and C negotiating bilateral labour agreements

You are representatives of Country C, a country of origin.

Your country has expressed the wish to conclude bilateral labour agreements with Country A and
Country B.

Two successive meetings with representatives of Country A and Country B have been organized, in order
to discuss the possibility of concluding bilateral labour agreements between the countries.

Your priorities within the negotiation are the following:

- You want clear guarantees from Country A and Country B for the opening of legal
channels for the labour migration of your nationals;

- You want clear guarantees from Country A and Country B regarding the protection of the
rights of your national workers who reside in the territory of the two countries.

Background

There have been a number of complaints by trade unions and other bodies that nationals from your
country have been mistreated when they have gone to work in third-party countries. In particular, there
have been allegations of poor wages, long hours, sexual harassment and a refusal to let workers join
trade unions. In relation to Country A, you have heard of growing xenophobia and allegations that foreign
workers are ‘stealing’ jobs.

Your task:

Prepare relevant arguments in order to defend your position during the successive meetings with
representatives of Country A and Country B;

You have 15 min to prepare your arguments for the negotiation simulation.

Negotiation with Country A will last 10 min.

Negotiation with Country B will last 10 min.

95
Module C

Module C, Session 4: Bilateral labour arrangements

ANNEX 3

Exercise 2 Participant worksheet

Bilateral labour agreement between the Berninia and Crivellia

The Government of Berninia and the Government of Crivellia, hereinafter referred to as the Parties,
inspired by their shared desire to reaffirm their special cultural and regional bonds, to regulate the
ongoing migration flows between the two countries on the basis of equality and mutual benefit, and
wishing to enhance co-operation in the field of qualified health care workers, hereinafter referred to as
“nurses,” have agreed as follows:

Article 1
(Recruitment and departure)

Article 2
(Terms of employment, protection and social benefits)

Article 3
(Return)

Article 4
(Administration and implementation)

This Agreement shall be valid for 3 years. It shall enter into force on the date of the later notification by
the Parties indicating compliance with their respective internal legal requirements for its entry into force.
This Agreement shall be automatically renewed for the same period unless one Party notifies the other in
writing its wish to renounce 100 days prior to the expiration.

Signed in Berninia Ville this (date) in two equally valid copies in both originals in Berninian and Crivellian,
both texts being equally authentic.

For Berninia, For Crivellia

(name of official and title) (name of official and title)

96
TRAINING MODULES
ON LABOUR MIGRATION
MANAGEMENT

Trainer’s Manual

Course 2
Course 2
Developing labour
migration policies in
countries of origin

97
Introduction to Course 2: Developing
labour migration policies in countries
of origin
Suggested duration: 5 min

• The variety of countries of origin:

- Countries of origin range from those that are experiencing a migration transition, characterized by
both labour inflow and outflow; to established labour-sending countries; to those that are relative
newcomers to organized labour migration.

- Nevertheless, as countries of origin, they all face some common issues.

• Main challenges faced by countries of origin:

- Challenges in protecting migrant workers from exploitative recruitment and employment practices
and in providing appropriate assistance to migrant workers in terms of pre-departure, welfare and
on-site services.

- Challenges in optimizing benefits of organized labour migration, particularly in the opening of new
legal channels for labour migration and in enhancing its development impact.

- Building institutional capacity and inter-ministerial coordination to meet labour migration

challenges.

- Increasing cooperation with destination countries to facilitate the protection of migrant workers,
improved access to labour markets, and prevention of irregular migration.

• Course 2 is composed of three Modules:

- Module D: Protection of migrant workers: policy options for countries of origin.

- Module E: Developing labour market strategies, including addressing the challenges of highly-skilled
migration.

- Module F: Enhancing migrant workers’ contribution to the development of countries of origin.

• Aims of Course 2:

- To present/discuss the policies and actions that can be adopted and undertaken by countries of
origin in order to protect their nationals abroad.

- To present the main goals and components of labour market strategies.

- To present the nature and impact of highly-skilled migration on labour migration policy planning
and human resource planning and to explore how to mitigate the negative effects of highly-skilled
migration.

- To provide an overview of the nexus between labour migration and development, including
remittances, circular migration, return migration, and the potential role of diasporas.

98
 Course 2
Developing labour migration policies in countries of origin

Module D
Module D
Protection of migrant
workers: policy options for
countries of origin

48 DIAS

99
Module D

Module D: Protection of migrant

workers: policy options for countries
of origin
Suggested total duration: 4 h 35 min
Duration Session
55 min Session 1: Introducing Module D and group activity
40 min Session 2: Management of the recruitment of migrant workers
35 min Session 3: Employment contracts and minimum employment standards
55 min Session 4: Information dissemination
1 h 05 min Session 5: Protection activities in countries of destination – consular and
diplomatic protection
25 min Session 6: Migrant welfare funds

Aim of Module D
Module D aims to present the policies and actions that countries of origin can adopt and undertake in order
to protect their nationals abroad.

Learning outcomes for Module D

By the end of this module, participants will:

• Understand the need to take protection measures at an early stage of the migration process.

• Know the complexities and constraints of regulating recruitment agencies and implementing employment
standards.

• Be familiar with the types of information to disseminate, through which channels, and to what social
groups, in order to protect migrant workers.

• Be familiar with the mechanism of consular assistance and protection and the role of labour attachés.

• Be introduced to the mechanism of migrant welfare funds.

100
 Module D

Session 1: Introducing Module D and group activity

Suggested duration 55 min total

5 min Introducing Module D

50 min Group activity

Methodology Presentation and Group activity
You will need Flip chart, pen, Module D slides
Participants will need Copy of slides, Module D, Session 1 Participant worksheet

Introducing Module D (5 min) Slides 1-6

Present Module D aims Slide 3

Module D covers some of the fundamental policies that countries of origin can develop and implement
with regards to labour migration. It will answer the following questions:

o What can countries of origin do in order to protect their nationals who go abroad for
employment?

o More specifically, what can countries of origin do in order to prevent and end violations of their
nationals’ rights?

Present Module D learning outcomes Slide 4

- Understand the need to take protection measures at an early stage of the migration process;

- Be familiar with the complexities and constraints of regulation of recruitment agencies and
implementation of employment standards;

- Be able to identify the types of information to disseminate in order to protect migrant workers, the
ways to convey such information, and the social groups to target;

- Be familiar with the mechanism of consular assistance and protection and the role of labour
attachés;

- Be introduced to the mechanism of migrant welfare funds.

Contextualize Module D using the following points Slide 5

- Migration may increase workers’ opportunities and result in a better standard of living.

- It may also involve obstacles and risks.

- Migrants often face discrimination, and may be subject to hostility and exploitation, as we saw in an
earlier session’s overview of the violation of migrant workers’ rights.

- Migrant workers are not equally vulnerable:

The most exposed to violation of their rights are the less-educated, the less-skilled, and often,
women migrants.

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Module D

Outline the following points regarding the means countries of origin have at their
Slide 6
disposal in order to protect their nationals going abroad for employment

- It is often thought that countries of origin have at their disposal very few means of intervening in
order to protect the rights and interests of migrant workers.

o This is not correct: a lot can be done.

o Although the authorities of destination countries are primarily responsible for preventing and
ending violations of migrant workers’ rights, countries of origin have a variety of means at their
disposal.

o Nevertheless, we will see that the implementation of the measures planned and adopted by
countries of origin is often arduous, due partly to the primacy of destination-country authorities
in these matters.

- Detrimental practices towards migrant workers may start in the country of origin:

o It is the duty of the country of origin to intervene at this early stage of labour migration.

o More generally, a lot can be done in the country of origin in order to organize good conditions
for labour migration.

- In the country of destination, the consular and diplomatic posts have several means of intervention
in order to protect the rights and interests of migrant workers.

- Finally, cooperation between countries of origin and countries of destination is essential.

Group activity Slides 7-8

Duration: 50 min

Aim of the exercise:

This exercise aims to allow participants to start thinking about the kinds of abuses and difficulties that
migrant workers may face, not only in the destination country, but also up on return to their countries of
origin, particularly in times of economic hardship.

Introduction (5 min)

• Explain to the participants that the aim of this session is to consider some of the problems which
individual migrants may face.

Group exercise (20 min)

• Distribute the packet of press clippings to the participants.

• Tell the participants to read the press clippings and to analyse the information contained therein.

• Split the participants into groups of three to six people and ask them to do the following:

- Identify the types of social and economic disadvantages and abuses that migrant workers are
likely to face.

- Prioritise the five abuses in most urgent need of attention.

- Propose, to the migrants workers’ countries of origin, actions that can be taken in order to
reduce the severity of such abuses, or eradicate them completely.

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 Module D

Group activity (Continued)

- Identify the prerequisites that need to be in place to maximise the chances that such proposals
will be successful.

• Tell the participants that these questions are at the end of the last press clipping.

• Participants should be encouraged to work together and the moderator should check in with each
group regularly to ensure they are progressing appropriately and on time.

Feedback (20 min)

Ask the groups to report back on their five proposals. They should explain why they chose these issues
and should outline the actions they will take and the basis for these actions. Encourage the other groups
to constructively critique the proposals.

Conclusions (5 min)

Draw out conclusions from the presentations in a constructive and inclusive way, drawing out key lessons
and possible policy solutions. Use suggestions from the group as much as possible, rather than your own
materials.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 37-62

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 266-276

Abella, M. I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries,
ILO, 1997, pp. 63-91

103
Module D

Module D, Session 1: Introducing Module D and group activity

ANNEX

Participant worksheet
Read the following press reports.

In your groups, consider the questions asked and make the proposals called for at the end.

Construction workers in Mostorovia

Sonia Shu, Nasksk 12 September 2009
(Nasksk) - Migrant construction workers in Mostorovia face widespread abuse both in and outside of
the workplace, The Global Worker Rights Forum said in a report released today. In a climate of rising
hate-motivated violence against migrants, exacerbated by the global financial crisis, the Mostorovian
government is failing to protect these workers from abusive employers, employment agencies, and the
police.
The 130-page “Exploitation of Migrant Construction Workers in Mostorovia" documents widespread
withholding of wages, failure to provide required contracts, and provision of unsafe working conditions by
employers at construction sites across Mostorovia. It also details cases in which workers were unwittingly
trafficked into forced labor by employment agencies that promised construction jobs in Mostorovia, but
then delivered workers to employers who confiscated their passports and forced them to work without
wages. In some cases, these workers were confined and beaten.
"Migrant construction workers come to Mostorovia for decent jobs and instead find violence and
exploitation," said Jenny French, researcher at The Global Worker Rights Forum and author of the report.
"Mostorovia should undertake rigorous reforms to protect migrant construction workers from these
serious human rights abuses."
The Global Worker Rights Forum interviewed more than 140 migrant construction workers who worked in
49 Mostorovian cities and towns between 2006 and 2008.
More than 40 percent of Mostorovia's 4 million to 9 million migrant workers are employed in construction,
which prior to the global economic crisis had been one of the major engines of Mostorovia's growth.
Most migrant workers come from other countries in the region looking to escape poverty and
unemployment. Citizens of most of those countries can enter Mostorovia without a visa.
The report documents exploitation and abuse at a time of Mostorovia's phenomenal economic growth.
With the Mostorovian economy suffering the impacts of the global financial crisis, migrant workers face
an increased risk of exploitation and violence, The Global Worker Rights Forum said.
"Without urgent action by the Mostorovian government, migrant construction workers will be doubly
vulnerable to abuse, both by employers and by others looking to scapegoat migrants for the country's
economic problems," French said.
The Global Worker Rights Forum said that almost none of the workers interviewed had been given
contracts, as required by Mostorovian law. The lack of a contract makes workers vulnerable to wage
and other abuses and limits their opportunities to seek assistance from official bodies in cases of abuse.
Employers routinely withhold wages from workers, make unexpected and illegal deductions in wages,
or refuse to pay wages altogether. Workers who refuse to work in protest over unpaid wages may face
violence and threats by their employers.
"This kind of exploitation is so pervasive that workers often labor for months, waiting and hoping to be
paid," said French. "They recognize that their chances for decent, reliable pay won't be much better with
another employer."
Police regularly target ethnic minorities, including migrant workers, for petty extortion during spot
document inspections on the street. Migrant workers told The Global Worker Rights Forum that
sometimes, during these inspections, police also beat or humiliated them. In some egregious cases,
police required migrant workers to perform forced labour at police stations or other locations.

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 Module D

Construction workers in Mostorovia (Continued)

"Sadly, violence seems to be a fact of life for many migrant workers in Mostorovia," said French.
"Whether it's employers trying to intimidate their workers, police roughing them up during a shake-down,
or hate-motivated attacks by regular citizens, Mostorovia's migrant workers are vulnerable at almost
every turn."
Mostorovia has revised its migration laws in recent years to make it easier for workers who can enter
Mostorovia without a visa to legalize their stay and employment. The steps, while positive, do not go far
enough to protect migrant workers from abuse.
"Mostorovia has an obligation under international law to protect all victims of abuse, irrespective of
the victim's migration status or contractual status," said French. "It's time for the government to stop
acting as if migrant workers don't have rights and take decisive action against abusive employers and
employment agencies."
The Global Worker Rights Forum called on the government to ensure rigorous labour inspections,
prosecution of abusive employers, and effective regulation of employment agencies. It should also
develop accessible complaint mechanisms for victims and timely and effective investigations into
allegations of abuse.
The Global Worker Rights Forum also called on the home countries of migrant workers in Mostorovia
to provide more help when their citizens face abuse in Mostorovia and to cooperate with Mostorovian
authorities on investigations and prosecutions of abusive employers in Mostorovia.

Roseland Urged to Protect Migrant Workers from Pulma

By Bob Brains Repok 28 August 2009
A Roseland-based activist group says migrant workers from Pulma are significantly worse off than they
were a year ago. The group is urging the government to extend legal protections and social safety nets to
migrant workers.
The Migrant Aid Program, known as MAP, says the global economic downturn has hit migrants from
Pulma particularly hard.
According to research released by MAP Friday at the Repok press club, 70 percent of workers from
Pulma in two Roseland cities say they are having more difficulty finding work. And while the cost of living
has gone up, 30 per cent say their wages were cut during the past year.
The report says factory workers have suffered the worst as exports have dropped with low foreign
demand.
Lee Fung is one of the authors of the report. He says MAP is asking the Roseland government to fully
integrate migrants into the social security system and to include them in economic recovery packages.
“We’re also asking that they monitor and enforce relevant labor laws along the lines of working hours,
minimum wage, and severance pay,” he said. “The Roseland government should lift travel restrictions
for migrants. If we allow migrants to move more freely, they can have an easier time of locating safe and
secure employment, which is good for migrants. And it’s good for the economy, frankly, because the
migrant worker population can be more responsive to changing economic conditions if they can move
more freely.”
Lee Fung says the group is also asking the Roseland government to stop threatening to deport illegal
migrants, which he said would help build a more inclusive society.
The MAP report says women from Pulma have been affected more than men. Many female migrants in
Roseland work as household maids.
Fay Phang represents a migrant domestic worker group. She says employers have stopped paying
benefits and annual wage increases and some are even withholding pay.
But, despite the worsening job situation in Roseland, she says they are not encouraging migrant workers
to stay in Pulma.
She says they do not discourage friends to come to Roseland because whatever the situation is like

105
Module D

Roseland Urged to Protect Migrant Workers from Pulma (Continued)

here, it is worse in Pulma. She says there is no work in Pulma, whereas in Roseland there are still bits and
pieces.
The MAP research was based on interviews, focus groups and survey results from more than 400
migrants from Pulma working in the cities of northern Roseland.
Some 300,000 to 400,000 migrant workers from Pulma work in the two cities, mainly in agriculture,
construction, and factories.

Migrants support social security

Astou Shanna, Zooland 12 July 2009
Since illegally crossing the border into the Federal Republic of Guimaria (FRG) six years ago, Sone Maty
has done backbreaking work, harvesting asparagus, pruning grapevines and picking the ripe fruit. More
recently, he has also washed trucks, often working as much as 70 hours a week, earning $8.50 to $12.75
an hour.
Not surprisingly, Mr. Maty, 25, has not given much thought to Social Security's long-term financial
problems. But Mr. Maty - who comes from the state of Holaxa in southern Tabora and hiked for two days
through the desert to enter the FRG - contributes more than most FRG citizens to the solvency of the
nation's public retirement system.
Last year, Mr. Maty paid about $2,000 toward Social Security and $450 for Medical Insurance through
payroll taxes withheld from his wages. Yet unlike most Guimarians, who will receive some form of a public
pension in retirement and will be eligible for healthcare support as soon as they turn 65, Mr. Maty is not
entitled to benefits.
He belongs to a big club. As the debate over Social Security heats up, the estimated seven million or so
illegal immigrant workers in FRG are now providing the system with a subsidy of as much as $7 billion a
year.
Yedo Dumiso, co-director of immigration studies at Zooland University, noted sardonically that illegal
immigration could provide "the fastest way to shore up the long-term finances of Social Security."
It is impossible to know exactly how many illegal immigrant workers pay taxes. But according to
specialists, most of them do. Since 1992, when the Immigration Reform Act set penalties for employers
who knowingly hire illegal immigrants, most such workers have been forced to buy fake IDs to get a job.
IRA, as the immigration act is known, did little to deter employers from hiring illegal immigrants or to
discourage them from working. But for Social Security's finances, it was a great piece of legislation.

Questions:

- Identify the types of social and economic disadvantage and abuses that migrant workers are
likely to face.

- Prioritise the five abuses in most urgent need of attention.

- Propose to the governments of migrants workers’ countries of origin actions that can be taken in
order to reduce the severity of such abuses, or to eradicate them completely.

- Identify the prerequisites that need to be in place to maximise the chances that their proposals
will be successful.

106
 Module D

Session 2: Management of the recruitment of migrant workers

Suggested duration 40 min total

5 min Introduce the topic

15 min Regulation of private recruitment agencies

10 min Implementing regulation of private recruitment agencies: controls

and incentives

10 min Alternative means for managing and regulating recruitment of

migrant workers

Summary
Methodology Presentation
You will need Flip chart, pen, Module D slides
Participants will need Copy of slides, Chart: “Standards and proofs for licensing recruitment
agencies”, “CIETT Code of Conduct”; “UNIFEM Covenant of Ethical Conduct
and Good Practices of Overseas Employment Service Providers”

Introduce the topic (5 min) Slides 9-11

Trainer note

This session aims to present one of the means for protecting migrant workers at an early stage of the
migration process: regulation of private employment agencies. The session also aims to familiarize
participants with the complexities and constraints of regulating recruitment agencies.

At the beginning of the session, distribute to participants the comprehensive chart on standards and proofs
for licensing recruitment agencies (Annex 1) as well as examples of codes of conduct (Annexes 2 & 3).

The role of recruitment agencies Slide 10

- Outline the context in which recruitment agencies operate:

o On one side, employers are looking for foreign workers who meet certain conditions in order to
fill their vacancies.

o On the other side, workers are looking for job opportunities abroad.

o Generally, employers need information about suitable candidates, and similarly, potential migrant
workers lack information about job opportunities.

o Recruitment agencies match the need for a particular skill with the available workers.

- Highlight the fact that recruitment agencies may be either private or public entities.

o In an increasingly globalized world, the role of private recruiters is generally rising while the role
of public employment services agencies is generally declining.

o This presentation will focus on the regulation of private recruitment agencies but will mention of
alternative means to manage and regulate recruitment of migrant workers.

- Highlight the fact that beyond matching supply and demand, recruitment agencies can also provide
the following services for employers and workers:

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o Testing and selecting applicants;

o Obtaining visas;

o Arranging travel documentation;

o Securing government approvals or clearance (when applicable);

o In some instances, providing pre-departure training.

The need for regulation Slide 11

Outline the following reasons for the regulation of recruitment agencies:

- While recruiters’ searches for business can result in increased job opportunities, the drive to increase
profits may lead to unsound and fraudulent practices.

- Fraudulent practices are common:

o For instance, jobseekers may be offered nonexistent jobs abroad in exchange for considerable
sums of money.

o Other fraudulent practices include substitution or amendment of the contract, after its signing,
in a fashion prejudicial to the migrant worker.

o Workers may also be engaged in jobs that are unsafe or risky to human health and physical
integrity.

o The potential relationship between fraudulent recruitment practices and trafficking in persons.

- Highlight that:

o Practices of private recruiters show that already during the recruitment phase of labour migration,
migrant workers face important risks of violation of their rights.

o Thus, there is a need for state intervention to protect migrant workers by establishing order and
discipline in the recruitment process.

o From a gender perspective, it is important to establish whether female migrants are more
affected than men by the fraudulent practices of recruitment agencies.

Regulation of private recruitment agencies (15 min) Slides 12-15

International standards Slide 12

Several international instruments oblige states to protect migrant workers from abuse during recruitment.
Mention the most the most recent and detailed ILO instruments:

- The ILO Private Employment Convention No.181 (1997) and ILO Recommendation No.188.

- ILO Convention No. 181 obliges states parties to determine, upon consultation with relevant workers’
and employers’ organizations, the legal status of private employment agencies and the conditions
governing their operations.

- The ILO Convention concerns all workers – not specifically migrant workers – but includes special
protection measures for migrant workers.

- Recommendation No. 188 calls on States to combat unfair advertising practices, including
advertisements for non-existing jobs, which is especially relevant in migration.

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Registration and licensing Slide 13

Outline the two most commonly used approaches to regulating recruitment agencies, registration and
licensing:

- Registration requires the agency to register for a fee with the Chamber of Commerce or other relevant
authorities.

- A registered agency is then, like any other business, subject to routine checks by tax authorities or
labour inspectors.

- Given the particular sensitivity of the recruitment business, however, many countries have opted for
a licensing system.

- The presentation will focus on the licensing system.

Licensing standards Slide 14

- Outline the fact that conditions for issuing a licence may vary to some extent from a country to
another, but in general cover the following:

o Legal personality;

o Corporate personality;

o Financial capability (the capability to provide financial resources for international operations as
well as the capability to absorb consequences of possible failure in the market);

o Marketing capability (to ensure competence in identifying employment opportunities abroad);

o Recruitment capability (to ensure the competence of the agency to identify qualified applicants
to the needs job requests);

o Management capability.

- Present the following specific aspects of regulation of private recruitment agencies:

o For how long should licences be valid?

· Many countries deliver licences for one year in order to exercise a strict control over the
activities of the private recruiters.

· S
 ome argue that one year is too short a period, as this time frame may discourage private
recruitment agencies from developing proper business strategies.

· M
 oreover, the effects of short licences on recruitment fees are likely to be negative, as private
recruiters will be tempted to maximize their profits within the shortest time possible.

o Extent of the licence: Should there be geographical restrictions? Should licenses be restricted
to one office? Should sub-contracting be prohibited?

· M
 any countries prescribe restrictions with regards to the geographical and personal validity
of the licence.

· F
 or instance, a licence may be valid in only one province of the state, or licensees may be
prohibited from opening more than one office and/or from having sub-agents.

· H
 ere again, the purpose of these regulations is to prevent fraud and to maximize control over
recruiters’ activities.

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· N
 evertheless, states must exercise caution as such restrictions tend to limit the development
of private employment agencies.

· M
 oreover, it must be noted that larger firms are less likely than smaller ones to be involved in
fraud.

Recruitment fees Slide 15

- Highlight the fact that recruitment fees paid by migrant workers are usually high. Using the following
points, explain that:

o Fees are only justified to a small extent by the requirements of the foreign employer for testing
and selection and by government fees for various clearances.

o The wage differential with the country of employment is an important component of the fees
imposed to migrant workers.

o Another factor is the large labour supply that exists in many countries of origin. The competition
between potential migrant workers naturally leads to increased recruitment fees and increases
the probability of bribery.

- Indicate that ILO Convention No. 181 stipulates that private employment agencies “shall not charge,
directly or indirectly, in whole or in part, any fees or costs to workers” (Art.7) However, exceptions
may be allowed for certain categories of workers or for certain types of services.

In fact, the collection of fees is permitted by most national legislations. The main problem is not so
much the charging of fees in and of itself, but overcharging.

- In order to protect migrant workers from abusive recruitment fees, many states have adopted a
ceiling on recruitment fees, either as an absolute amount or as an amount based on a percentage of
the contract salary.

Fees charged to migrant workers by private employment agencies in India

Type of worker Fee (in USD)

Low-skilled 45
Semi-skilled 65
Skilled 110
Highly skilled 220

Source: India, Office of the Protector General of Emigrants (2004)

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Fees charged to migrant workers by private employment agencies in the Philippines

Private recruitment agencies should charge the employer a service fee to cover services rendered in the
recruitment, documentation and placement of workers.

Unless otherwise provided, the employer shall be responsible for the payment of the following:

- Visa fee;

- Airfare;

- Philippine Overseas Employment Administration (POEA) processing fee;

- Overseas Workers Welfare Administration (OWWA) membership fee.

Except where the prevailing system in the country of destination does not allow charging placement and
recruitment fees, a private recruitment agency may charge its hired workers a placement fee equivalent to
one month’s salary, exclusive of documentation costs.

Documentation costs to be paid by the worker shall include, but not be limited to, expenses for the
following:

- Passport;

- National Bureau of Investigation/Police/ Clearance;

- Authentication;

- Birth Certificate;

- Medicare;

- Trade Test, if necessary;

- Medical Examination fees.

In the event that the recruitment agency agrees to perform documentation services, the worker shall pay
only the actual cost of the documents, which shall be covered by official receipts.

The above-mentioned placement and documentation costs are the only authorized payments that may
be collected from a hired worker.

Such fees shall be collected from a hired worker only after he/she has obtained employment through the
facilities of the recruitment agency.

POEA Rules and Regulations Governing the Recruitment and Employment of Land-based Overseas
Workers, Part II, Licensing and Regulation, Rule 5, Fees, Costs and Contributions

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Implementing regulation of private recruitment agencies: Slides 16-20

controls and incentives (10 min)

Outline the rationale behind implementing regulation of private

Slide 16
recruitment agencies

- Regulation of private recruitment agencies combines controls and sanctions with incentives in order
to ensure compliance with the law.

- It is counterproductive to base implementation solely on repression.

Monitoring activities include Slide 17

- Requesting reports from agencies on job placement, status of employment of those deployed, and
other information needed by state agencies;

- Organizing periodic visits or inspections by state agents or their representatives;

- Introducing information campaigns identifying recruitment agencies or foreign employers;

- Establishing efficient mechanisms for reviewing migrant workers’ employment contracts prior to
signature and during employment.

If a violation of the law is found, administrative and/or penal sanctions

Slide 18
should be imposed. These can include

- Forfeit of the deposit and performance bonds posted;

- Fines;

- Revocation or withdrawal of a license;

- Imprisonment;

- Seizing of assets.

Aside from controls and sanctions, it is useful to adopt incentives for

Slide 19
agencies that meet the criteria for good governance

Incentives include:

- Extension of lincence for a longer period, or waiver of renewal requirement;

- Tax incentives;

- Speedier or more automatic processing of contracts;

- Inclusion in a formal and publicly available list of recommended agencies;

- Invitation to participate in government foreign market development missions;

- Offer to fill quotas as part of bilateral agreements;

- Other promotional incentives related to the marketing of law-abiding agencies.

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Alternative means to manage and regulate recruitment of migrant workers (10 min) Slide 20

• Self-regulation:

- Highlight the fact that state policing of abusive recruitment practices, although necessary for curbing
them, will not alone suffice, given the forces of demand and supply at play.

- Refer participants to the examples of codes of conduct distributed earlier.

- Outline the following elements:

o Alongside regulation and control activities, self-regulation by private agencies should be

welcomed and encouraged by states.

o In addition to statutory requirements, private employment/recruitment agencies have developed

their own codes of conduct, either on specific issues or in a more general sense.

· E
 xample of general code of conduct: the CIETT Code of Conduct (see textbox below and
Annex of Module D Session 2);

· E
 xample of specific code of conduct: the Covenant of Ethical Conduct and Good Practices
of Overseas Employment Service Providers, which deals specifically with women migrant
workers. Signed by associations from Bangladesh, Cambodia, Indonesia, Jordon, Lao PDR,
Nepal, Philippines and Sri Lanka, under the auspices of United Nationals Development Fund
for Women – UNIFEM). (See Annex of Module D Session 2)

o Codes of conduct can be put in place by individual companies or by an association.

o Codes of conduct may include provisions for disciplinary measures to be taken in case of breach
by a signatory agency.

The CIETT Code of Conduct

The International Confederation of Private Employment Agencies (CIETT) brings together 35 national
federations and six of the largest staffing companies worldwide.

It promotes quality standards within the recruitment industry and facilitates exchange between its
members.

Apart from its charter, CIETT has also adopted a code of practice that recognizes obligations of members
to those they serve and the community as a whole.

Provisions of the code refer to national laws, the principle of non-discrimination, health and safety
regulations, and dissemination of information.

Members of CIETT are not allowed to charge fees to job seekers.

• Involvement of public authorities:

Outline the following points:

- States rarely play a direct role in the recruitment of migrant workers.

- Public authorities could therefore manage directly the recruitment of the most vulnerable migrant
workers, such as female domestic workers.

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Summary
• Highlight the importance of regulation and control of private recruitment and the need for flexibility:

- States must adopt regulations in order to control the activities of private recruiters, but such
regulations should not impede the economic development of the sector.

- In many countries, illegal recruitment is rampant. Too-strict regulations may be counterproductive by

inciting private recruiters to act illegally.

• Highlight the potential importance of alternative means to manage and regulate the recruitment of migrant
workers.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 37-62
International Confederation of Private Employment Agencies (Ciett) Website
http://www.ciett.org/
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 266-276
OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009
Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf
Abella, M. I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries,
ILO, 1997, pp. 63-91
ILO, Private Employment Agencies Convention, 19 June 1997 (C181)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?C181
ILO, Private Employment Agencies Recommendation, 19 June 1997 (R188)
Available at: http://www.ilo.org/ilolex/cgi-lex/convde.pl?R188
ILO, Guide to Private Employment Agencies: Regulation, Monitoring and Enforcement, 2007
Available at: http://www.ilo.org/public/libdoc/ilo/2007/107B09_296_engl.pdf
Mughal, R. and Luzviminda, P., “Regulatory Frameworks for Recruitment of Migrant Workers and Minimum Standards in employment
Contracts” in IOM, Labour Migration in Asia. Protection of Migrant Workers, Support Services and Enhancing Development Benefits
(IOM 2005), pp. 13-83

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Module D, Session 2:
Management of the recruitment of migrant workers
ANNEX 1
Standards and Proof for Licensing Recruitment Agencies

Standard Purpose Proof

Legal To certify the business’s · Articles of Incorporation for corporations

personality operation as legal · Articles of Partnership for partnerships
· Certificate of Single Proprietorship for single owners

Corporate To show that the business · Certificate of bank deposit stating the minimum paid-
personality can exist as an enterprise up capital specified by law
· Income tax return of incorporators within 2 years
· Corporate tax paid by the agency for those seeking
re-licensing
· Clearance of the incorporators or owners from
any criminal liability that would cast doubt on the
enterprise’s ability to exist legally

Financial To show that the business · Certificate of an agreement with a reputable bank,
capability can provide financial proving sufficient assets to answer potential legal
resources for international claims arising from recruitment or contract violations
operations and that it can · Surety bond from accredited banks as assurance
absorb consequences that the agency will honour their obligations to the
of possible failure in the recruited applicants
market

Marketing To exhibit competence in · Duly executed special power of attorney, and

capability looking for or identifying authentication by the embassy / consulate officials,
employment opportunities confirming the existence of the employer in the
existing overseas receiving state
· Duly executed special power of attorney, and
authentication by the embassy / consulate officials,
confirming the existence of the project in the
receiving state
· An authorized job-order request with prescribed
number of workers

Recruitment To ensure the competence · List of recruitment personnel

capability of the agency to · Individual curriculum vitae of each
scrutinize, assess,
· Proof of academic qualifications, preferably with
and identify qualified
Psychology or Human Resources Degree or any
applicants for the needed
similar experiential qualification in interviewing and
positions
giving examinations

Management To ensure the capability · List of administrators and personnel

capability of management and the · Curriculum vitae of each
adequacy of equipment
· Copy of contracts or lease of ownership of buildings
or facilities for continued
or office spaces and the office address
operation

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Module D, Session 2:
Management of the recruitment of migrant workers
ANNEX 2

CIETT MEMBERS’ COMMITMENT TOWARDS A WELL-FUNCTIONING

INTERNATIONAL LABOUR MARKET
Introduction
Services provided by private employment agencies represent a modern answer to reconcile the
requirement of labour flexibility for user companies and the need of work security for employees.
Being aware of such a social responsibility, the private employment agency industry has adopted, for
many years national codes of conduct at country level.
Because of the growing importance of private employment agencies at the international level and
the need for strengthening self-regulation principles to enhance the quality standards of the industry,
Ciett has established a global Code of Conduct, which provides General Agreed Principles on private
employment agency practices, shared by all its Members.
These common agreed principles are complemented by the Ciett Charter of private employment
agencies, which describes the obligations of Ciett members regarding their corporate social
responsibility.
I – Ciett Code of Conduct
Principle 1 – Respect for Ethical and Professional Conduct
Members shall observe the highest principles of ethics, integrity, professional conduct and fair practice
in dealing with temporary agency workers as well as other relevant stakeholders and shall conduct their
business in a manner designed to enhance the operation, image and reputation of the industry.
Principle 2 – Respect for Laws
Members and their staff shall comply with all relevant legislation, statutory and non-statutory
requirements and official guidance covering Private Employment Agencies.
Principle 3 – Respect for Transparency of Terms of Engagement
Members shall ensure that workers are given details of their working conditions, the nature of the work to
be undertaken, rates of pay and pay arrangements and working hours.
Principle 4 – Respect for free-of-charge provision of services to jobseekers
Members shall not charge directly or indirectly, in whole or in part, any fees or costs to jobseekers and
workers, for the services directly related to temporary assignment or permanent placement.
Principle 5 – Respect for Safety at Work
1. Members shall act diligently in assessing risks in order to promote the safety of agency workers in their
workplace.
2. Members shall inform agency workers whenever they have reason to believe that any particular
assignment causes an occupational health or safety risk.
Principle 6 – Respect for Diversity
Members shall establish working practices that safeguard against any unlawful or unethical
discrimination.
Principle 7 – Respect for the Worker’s Rights
1. Equitable, objective and transparent principles for the calculation of agency workers’ wages shall be
promoted, considering national legislation and practices.
2. Members shall not in any way deny the right of freedom of association of their employees.
3. In accordance with national law and practice, private employment agencies shall not make workers
available to a user company to replace workers of that company who are legally on strike.

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CIETT MEMBERS’ COMMITMENT TOWARDS A WELL-FUNCTIONING

INTERNATIONAL LABOUR MARKET (Continued)

Principle 8 – Respect for Confidentiality

1. Members shall ensure confidentiality in all of their dealings.
2. Members and their staff shall ensure that permission has been given and documented before
disclosing, displaying, submitting or seeking confidential or personal information.
Principle 9 – Respect for Professional Knowledge and Quality of Service
1. Members shall work diligently to develop and maintain a satisfactory and up to date level of relevant
professional knowledge.
2. Members shall ensure that their staff are adequately trained and skilled to undertake their
responsibilities and assure a high quality service.
Principle 10 – Respect for Fair Competition
Members shall assure mutual relations based on fair competition.
II - The Ciett Charter of Private Employment Agencies
Services provided by private employment agencies represent a statutory labour flexibility arrangement
which provides workers an opportunity for employment security, enhanced occupational status and
a stepping stone function while, at the same time, reconciling employees’ aspirations and employers’
needs for flexible workforce.
As socially responsible employers, the Ciett members fully agree to recognise through this Charter of
private employment agencies that:
1. Employment through private agencies should respect the international and national principles of
non-discrimination on all issues linked to working conditions.
2. Private employment agencies should not charge directly or indirectly any fees or costs to workers
for job-finding services.
3. Private employment agencies should not make workers available to a user enterprise to replace
workers of that enterprise who are on strike.
4. Private employment agency should facilitate access to training for the agency workers.
5. Social dialogue and collective labour bargaining should be seen as an appropriate mean to
organise the private employment agency industry, when relevant and fitting.
At the same time, the positive contribution that private employment agencies make to the worldwide
employment and economic objectives should be fully recognised by national governments, international
institutions and relevant stakeholders. Indeed, services provided by private employment agencies can be
part of the solution to improve the efficiency of the labour markets by:
- Providing work to job-seekers.
- Acting as a stepping-stone to permanent employment.
- Enhancing job-opportunities and integration in the labour market, in particular for the most
disadvantaged group of workers.
- Improving labour market’s fluidity.
- Helping the creation of jobs that would not exist otherwise and therefore contributing to reduce
unemployment.
- Cooperating with the Public Employment Services.
- Facilitating access to vocational training.
Additionally, any regulation on private employment agencies should enhance the fight against illegal
practices and human trafficking.
Finally, as the International Confederation of Private Employment Agencies, Ciett fully endorses the
ILO Convention 181 on Private Employment Agencies. Ciett supports its members in encouraging their
respective countries to ratify this ILO instrument, in case they have not done so.
Adopted on November 27th, 2006

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Module D, Session 2:
Management of the recruitment of migrant workers
ANNEX 3

Covenant of Ethical Conduct and Good Practices of

Overseas Employment Service Providers

We, OVERSEAS EMPLOYMENT SERVICE PROVIDERS, represented by national associations from

Bangladesh, Cambodia, Indonesia, Jordon, Lao PDR, Nepal, Philippines and Sri Lanka, having been invited
by the United Nationals Development Fund for Women (UNIFEM) to a Regional Consultation of Recruitment
and Placement Agencies on Good Practices to Protect Women Migrant Workers, and after discussions
and deliberations on 14-15 November 2005 at the United Nations Conference Center (UNCC) in Bangkok,
Thailand,

Mindful of the continuing increase in labor migration to labor receiving countries, especially in the service
sector, as a result of globalization and the rising incidence of either poverty or unemployment in labor sending
countries;

Conscious of the need to protect women migrant workers, particularly those in low-end jobs, because they
are more vulnerable to gender-based exploitation, abuse, discrimination, violence at different stages of the
migration process, and unfair and degrading labor practices in their work places, helpless and oftentimes
deprived of their basic human rights;

Recognizing the vital role and the corporate social responsibility of overseas employment service providers
as a major stakeholder in the placement and/or employment of women workers in a foreign country; and

Expressing full and unequivocal support to the advocacy, mission and vision of UNIFEM and its Asia
Pacific and Arab States Regional Programme on Empowering Women Migrant Workers in Asia to advance
the just and humane causes of women migrant workers in the region,

HEREBY ADOPT this 15th day of November 2005 at the United Nations Conference Center (UNCC) in
Bangkok, Thailand, this Covenant of Ethical Conduct and Good Practices for Overseas Employment
Service Providers comprising the National Associations that participated in the consultation:

FIRST

We ensure and guarantee as overseas employment service providers that our corporate or institutional
existence is legitimate, lawful, and our business activities and operations are undertaken strictly within the
framework of the established laws, rules and regulations of our country, especially in dealing with women
migrant workers.

SECOND

We commit to support, cooperate and give assistance to any or all efforts, campaign or program, locally,
regionally, or globally, individually or collectively, against illegal recruitment, human trafficking, or, for that
matter, any policy that will jeopardize, disturb or violate the human rights of migrant workers, particularly
women migrant workers, and abhor and condemn these practices as crimes against humanity.

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THIRD

We adhere to the policy of fairness, gender equality, and non-discrimination in the treatment, selection, and
placement of migrant workers consistent with the laws, rules and regulations of our respective countries.

FOURTH

We obligate ourselves to engage in continuing education, information campaigns, and awareness programs
or activities that will promote good practices in the business of overseas employment and provide adequate
training, orientation, and sufficient knowledge to our migrant workers about the terms and conditions of their
employment, and the culture, environment, traditions and norms in their workplace.

FIFTH

We support the cause of UNIFEM for women migrant workers and encourage inter-country, diplomatic,
government and stakeholder partnerships, collaboration, and cooperation that will foster protection of women
migrant workers in the global or regional overseas employment of labor migration industry.

SIXTH

We endeavour to establish and implement viable and efficient social security and insurance programs,
schemes or initiatives, privately or in partnership with our respective governments, to cover or indemnify risks
arising from contingencies while the migrant workers are abroad for foreign employment and enhance their
economic, social and personal welfare.

SEVENTH

We will respect and observe faithfully the International Declaration of Human Rights, the Convention on the
Elimination of All Forms of Discrimination Against Women, the International Convention on the Protection of
the Rights of All Migrant Workers and their Families, and all other declarations, covenants or agreements that
will promote the better interest of migrant workers.

TOWARD THESE ENDS, we hereby adopt, and agree to work on the following strategic and priority
actions at:

THE REGIONAL LEVEL

1. Overseas employment service providers and their national associations shall protect women migrant
workers by sharing information, lessons learned, distance cooperation, and help monitor, investigate,
facilitate and resolve cases arising from foreign employment.

2. Regional agreements to stop violation to migrant workers through (i) advocacy with governments of
labor sending and receiving countries to sign treaties, covenants and/or binding international agreements
or understanding, or (ii) inter-country or regional agreements and understanding involving national
associations of overseas employment service providers and counterpart organizations, in order to stop
discrimination against foreign workers, and provide better, responsive uniform, equitable, and timely
protection and welfare to women migrant workers.

3. Establish, whenever feasible and appropriate, “resource, support and welfare centers” in labor receiving
countries where there are large concentrations of women migrant workers, to provide, inter alia, counseling,
welfare assistance, information, monitoring, and other services for their benefit.

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4. Embark on orientation, interaction and socialization activities with foreign employers of migrant workers
through counterpart organizations in labor receiving countries.

5. Pursue, with the assistance of UNIFEM, regional consultation or dialogue with labor receiving countries
to discuss and address the issues confronting overseas employment and women migrant workers. Also,
strengthen collaborative partnership with industry counter-part associations on protection of women
migrant workers, not only within the Asia and Middle East region but also in other labor receiving countries
around the globe.

6. Call on the governments and overseas employment service providers in labor sending countries to provide
and promote the standards of quality of their training and orientation programs to ensure that foreign
migrant workers are better informed about the destination country. Towards this end, work on conducting
regional trainings with representatives of labor sending and receiving countries to ensure the workers are
well informed, better educated and are job-ready.

7. Call on the stakeholders in the sending countries to ensure medical fitness of the migrant worker, as
per the receiving country’s requirement as there were incidences of foreign workers entering the labor
receiving country, who are not physically fir for work. At the same time, call on labor receiving countries
to respect the sovereign rights of the labor sending countries to choose or select among recognized or
accredited medical clinics within their jurisdiction.

8. Introduce, adopt, and implement social security and insurance programs for the benefit of migrant
workers, with or without government intervention, similar to the Workers Welfare Enhancement Program
(WWEP) in the Philippines.

9. Call on the government of Jordan to share its good practices on protecting women migrant workers, as
a model for other countries of employment.

10. Call on the national associations of overseas employment service providers to form a regional network of
association/s to protect the rights of the female migrant workers in accordance with this Covenant.

THE NATIONAL LEVEL

BANGLADESH

• Strengthen pre-departure training for women migrant workers and get support from counterpart agencies/
associations.

• Work with UNIFEM national and regional programs on media sensitization and policy advocacy to protect
and promote women migrant workers’ rights.

INDONESIA

• Set up information counter at embarkation ports, to minimize illegal/non-procedural placement and

minimizing the “human trafficking”.

• Create “black-list” of errant employers (using on-line system).

• Disseminate information on advantages/ disadvantages of recruitment and placement overseas.

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JORDAN

• Boost cooperation between recruiting agencies and Jordanian authorities to ensure the implementation
of the standard contract which guarantees paying salaries on time and obtaining residency and working
permits within the assigned period.

• Meet regularly with all concerned parties to solve pending issues.

LAO PDR

• Conduct research/study on migration issues, with specific focus on women migrant workers, to
understand better the situation for effective policy intervention.

• Improve internal labor information system to facilitate greater in-country employment.

• Capacity building for employment/recruitment agencies on employment management and worker

protection.

• Encourage recruitment agencies in Laos to set up an association.

NEPAL

• Set up special skills training program for women, combined with loan program for women in partnership
with government/private sectors.

• Use tri-media and the Internet in order to provide information to women about safe migration and foreign
employment.

• Develop interaction program on safe migration with the members of Nepal Association of Foreign
Employment Agencies (NAFEA).

• Implement Code of Conduct.

PHILIPPINES

• Heighten awareness of the need to protect the rights and welfare of the migrants through information
dissemination and continuing education.

• Philippines Association of Service Exporters, Inc. (PASEI) will continue to organize consultative meetings,
fora, symposia, and other available methods of disseminating information for the benefit of all overseas
employment service providers from the Philippines in partnership and cooperation with: lead Philippine
government agencies managing migration such as DOLE, POEA and OWWA; Local Government Units
(LGUs) and Employment Offices; foreign embassies and missions in Manila; Chambers of Commerce
and Industries; corporate and institutional partners.

• Emphasize the provisions of international conventions and instruments that guarantee the rights of
migrant workers.

• Intensify anti-illegal recruitment campaign.

• PASEI will continue to pursue cooperative partnership with the lead Philippine law enforcement agencies,
specifically in the area of anti-illegal recruitment and anti-human trafficking.

• PASEI will continue to strengthen its partnership with the Anti-Human Trafficking Division (AHTRAD) of
the National Bureau of Investigation (NBI).

• PASEI will strengthen its partnership with its tri-media partners in its Anti-Illegal Recruitment Campaign
and knowledge of their rights.

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SRI LANKA

• Set up strong reconciliation chambers in respective receiving countries and encourage the Government
of Sri Lanka to intervene to support women migrant workers’ legitimate rights and to claim any financial
dues.

• Standardize policies, practices and prices in recruitment procedures among members of Association of
Licensed Foreign Employment Agencies (ALFEA), to prevent members undercutting each other to make
exorbitant in an ad hoc way.

• Lobby the Sri Lankan Government to assist ALFEA with awareness-raising and education programs for
the employers in host countries.

• Seek Government financial support for ALFEA training program for migrant workers.

• Develop an insurance policy suitable for migrant workers in all types of labor sectors.

• Lobby the Ministry of Labor and Employment to consult ALFEA when taking decisions and implementing
policies on recruitment procedures.

ADOPTED THIS 15TH DAY OF NOVEMBER 2005

at the

United Nations Development Fund for Women (UNIFEM)

Regional Consultation of Overseas Employment Service Providers on

Good Practices to Protect Women Migrant Workers

Bangkok, Thailand

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Session 3: Employment contracts and minimum employment

standards

Suggested duration 35 min total

Introduce the topic

10 min Content of minimum employment standards and employment

contracts

25 min What efficiency for minimum employment standards and

employment contracts?

Summary
Methodology Presentation and Discussion
You will need Flip chart, pen, Module D slides
Participants will need Copy of slides, copy of Sample Employment Contract from the Philippine
Overseas Employment Administration (POEA)

Introduce the topic Slides 21-22

Trainer note

The aim of this session is to:

- Present the role of employment contracts and of minimum employment standards in the
protection of migrant workers.

- Present the content of employment contracts and minimum employment standards.

- Discuss the difficulties of implementing employment contracts and minimum employment

standards.

• Distribute to participants the Sample Employment Contract from the Philippine Overseas Employment
Administration (POEA).

• Describe the purpose of adopting minimum employment standards and employment contracts:

- To organize the protection of migrant workers before they actually leave the country, by ensuring that
they employment contract guarantees fair wage and decent work conditions.

- The implementation of such standards is not an easy task; states may face significant obstacles in
the process.

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Content of minimum employment standards and employment Slides 23-24

contracts (10 min)

Minimum employment standards may include the following Slide 23

- Guaranteed wages for specified working hours and overtime pay for work rendered beyond specified
working hours;

- Free transportation from point of hire to site of employment and return, or offsetting arrangements;

- Free food and accommodation, or offsetting arrangements;

- Free emergency medical and dental treatment and facilities, including medicines;

- Insurance coverage;

- Requirement of just or authorized cause for termination of employment;

- Repatriation of remains and belongings at employer’s expense in case of death;

- One day of rest per week;

- Procedure for dispute settlement.

Outline the following points that should be taken into account when drafting
Slide 24
employment contracts and standards

- Existing labour and social laws of the host country;

- National customs, traditions, and practices;

- Compliance with existing conventions and bilateral or multilateral agreements with the host
country.

- Present the following example:

o In the Philippines, as well as in most Asian countries, certain benchmarks are utilized for wages.

o Filipino migrant workers are not allowed to accept wages that are lower than the prevailing
minimum rate for the same skills in the host country, or lower than the standards that are set by
bilateral agreements or international conventions to which the host country is signatory.

o In no case is a migrant worker allowed to receive a salary lower that the prevailing wage in the
Philippines.

o Refer participants to the Sample Employment Contract from the Philippine Overseas Employment
Administration (POEA) you have distributed.

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What efficiency for minimum employment standards Slides 25-26

and employment contracts? (25 min)

Discussion Slide 25

Duration: 25 min

Introduce topic with the following points:

• The proper implementation of employment standards can be an arduous task.

• Employers may be reluctant to accept such standards, and even if they are formally accepted, they
may not be respected in practice.

• What means of action can countries of origin use to ensure the implementation of employment
standards?

Present the following scenario to the group:

Workers are employed in a third country. Highlight the following elements:

• Workers are often paid less than local nationals.

• Employers refuse to give them contacts prior to departure.

• If they do get contracts, then these contracts are often substituted once they arrive for contracts with
worse terms and conditions.

Preparation in pairs (5 min)

Ask participants to discuss in their groups what countries of origin facing such situations can do to
promote compliance with labour standards outside their territory.

Discussion (20 min)

• Discussion (10 min)

• Quick report back on answers (10 min)

• The starting point of a discussion on this issue is to recognize that the authorities of the country of
destination have jurisdiction on violations of labour rights, as well as contract provisions or malpractices.
Therefore, they are primarily responsible for taking action in order to protect and restore the rights of
migrant workers.

Policy options for countries of origin Slide 26

- Conclusion of bilateral labour agreements (BLAs);

- Exit controls;

- Labour market strategies;

- Joint liability of employers and private recruitment agencies;

- Consular assistance and diplomatic protection;

- Non-formal international cooperation mechanisms.

• Conclusion of BLAs:

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Module D

o The conclusion of bilateral labour agreements between the authorities of countries of origin
and those of countries of destination, including provisions regarding the acceptance of the
standard foreign employment contract, can help to secure the implementation of employment
standards.

o Arguably, with such an agreement, it becomes more difficult for contracts agreed on in the
country of origin to be replaced in the country of destination by contracts that are harmful to the
migrant workers’ interests.

• Exit controls:

o In Asian labour-sending countries, there exist a varying range of exit controls as part of protection
measures:

· P
 akistan, Bangladesh and Indonesia have varying degrees of restrictions on female migrant
workers’ exit from the country.

· S
 everal Asian labour-sending countries have in the past banned employment in specific
destination countries for a certain period, owing to abuses in that country.

· In the Philippines, as well as in many Asian countries, workers receive an overseas employment
certificate, allowing them to travel, only after all the documentary requirements of various
Philippine government agencies have been satisfied. (Workers are documented through the
clearances, certificates, credentials and employment contract required as a condition for their
deployment.) This certificate serves as the worker’s exit clearance at airports.

o Are exit controls compliant with international law?

· T
 he right to leave any country, including one's own, is recognized by international law (art. 12
(2) ICCPR).

· The right to leave is not an absolute right. According to art. 12 (3) ICCPR:

· “ The above-mentioned rights shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order (ordre public), public
health or morals or the rights and freedoms of others, and are consistent with the other rights
recognized in the present Covenant.”

· The rules of interpretation for such possible restrictions are the following:

The restriction shall not infringe the very essence of the right.

Strict interpretation is mandatory.

 he interpretation must conform to the goal foreseen by the provision, i.e. protection of human
T
rights.

· In sum, restrictions of the right to leave in order to protect migrant workers can be acceptable.
They must be exceptional and must follow the principles of international law on the matter.

- Are exit controls efficient?

Outline the main outcomes of the Philippines’ policy regarding domestic workers (textbox below).

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The Philippines’ policy regarding domestic workers

The Philippines has in the past banned the deployment of female domestic workers to certain
destinations due to increases in complaints about abuse and maltreatment.

The bans failed to improve workers' conditions, to the contrary, they created an incentive for irregular
migration.

As a solution, the Philippines exerted greater effort to ascertain the character of employers through its
accreditation process and strengthened compliance with its Pre-Departure Orientation Seminar.

The authorities also imposed a minimum age for female domestic workers, which depends on their
country of employment, and centralized their processing under a special unit within the Philippine
Overseas Employment Administration (POEA) called the Household Workers’ Center. This unit was
created for the express purpose of monitoring the recruitment of domestic workers.

Country-specific employment contracts were also developed, and employers were required to secure
clearances or pre-qualification certificates from the Philippine Overseas Labour Offices.

• Labour market strategies:

Promotion campaign for foreign employment, in order to diversify the countries of employment, can also
be a possible solution (developed in Module E: Developing labour market strategies, including addressing
the challenges of highly-skilled migration).

• Joint liability of employers and private recruitment agencies:

Present the example of joint liability of employers and private recruitment agencies in the Philippines
(textbox below).

Joint liability of the employer and the private recruitment agency in the Philippines

The Philippines’ legislation provides for the joint and solitary liability of the private employment agency
with the employer for all claims arising from the implementation of employment contracts.

According to Section 10 of the Migrant Workers and Overseas Filipinos Act, 1995 (RA 8042):

“in case of termination of overseas employment without just, valid or authorized cause as defined by law
or contract, the worker shall be entitled to the full reimbursement of his placement fee with interest of
twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract
or for three (3) months for every year of the unexpired term, whichever is less.”

Accordingly, the injured migrant worker is not limited to the judicial system of the considered country of
employment for obtaining redress.

• Consular assistance and diplomatic protection:

Other means to prevent or redress violations of labour rights and employment contracts that are developed
later in Session 5, Protection activities in countries of destination – consular and diplomatic protection.

• Non-formal international cooperation mechanisms:

Non-formal international cooperation mechanisms, such as regional cooperation processes, are venues
to raise and discuss concerns on the implementation of employment standards.

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Module D

Summary
Bullet the learning points below and any arising from discussion:

• Earliest-stage action by countries of origin – such as the adoption of employment standards – is necessary
but cannot be seen as sufficient for the protection of migrant workers.

• In order to provide efficient protection to migrant workers, supplementary means of action have
to be implemented, notably in the country of destination. This is the role of consular and diplomatic
assistance and protection provided by diplomatic and consular posts of countries of origin in countries
of destination.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 37-62
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 266-276
OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009
Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf
Abella, M.I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries, ILO,
1997, pp. 63-91
Website of the Philippine Overseas Employment Administration (POEA)
http://www.poea.gov.ph/

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 Module D

Module D, Session 3: Employment contracts and minimum

employment standards

ANNEX
Sample Employment Contract from the Philippine
Overseas Employment Administration (poea)
This employment contract is executed and entered into by and between:
A. Employer:
Address and Telephone no:
B. Represented by:
Name of agent/company:
C. Employee
Civil Status: Passport no:
Address: Place and Date of Issue:
Voluntarily bind themselves to the following terms and conditions:
1. Site of employment
2. Contract duration ____________________ commencing from employee’s departure from the
point of origin to the site of employment.
3. Employee’s position
4. Basic monthly salary
5. Regular working hours: maximum of 8 hours per day, six days a week
6. Overtime pay
(a) Work over regular working hours
(b) Work on designated rest days and holidays
7. Leave with full pay
(a) Vacation leave
(b) Sick leave
8. Free transportation to the site of employment and, in the following cases, free return
transportation to the point of origin:
(a) Expiration of the contract
(b) Termination of the contract by the employer without just cause
(c) If the employee is unable to continue to work due to connected or work-aggravated
injury or illness
9. Free food or compensatory allowance of US$___________, free suitable housing.
10. Free emergency medical and dental services and facilities including medicine.
11. Personal life and accident insurance in accordance with the host government and/or
______________ government laws without cost to the worker. In addition, for areas declared
by the ______________ government as war risk areas, a war risk insurance of not less than
________________ shall be provided by the employer at no cost to the worker.
12. In the event of death of the employee during the terms of this agreement, his remains and the
personal belongings shall be repatriated to the ______________ at the expense of the employer.
In case the repatriation of the remains is not possible, the same may be disposed of upon prior
approval of the employee’s next of kin and/or by the _____________ Embassy/Consulate nearest
the job site.
13. T
 he employer shall assist the employee in remitting a percentage of his/her salary through the
proper banking channel or other means authorized by law.

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Module D

Session 4: Information dissemination

Suggested duration 55 min total

Introduce the topic

30 min Group activity

25 min Presentation complementing the Group activity

Summary
Methodology Presentation and Group activity
You will need Flip chart, pen, Module D slides
Participants will need Copy of slides, Module D Session 4 worksheet, IOM’s Generic Curriculum
for Low-Skilled Labour Migrants

Trainer note
The aim of this session is to enable participants to identify types of information to disseminate in order to
protect migrant workers, ways to convey such information, and the social groups to target.
During the session, you may want to present the video From Sri Lanka to Tuscany, included the trainer
material.

Introduce the topic Slides 27-28

• Highlight the importance of information dissemination with regards to protection of migrant workers:

- Providing migrants workers with reliable and accurate information about the different aspects of the
migration process is an essential component of protection.

- Informed migrants may face less risk of violation of their rights; they are also equipped with tools in
order to obtain respect for their rights.

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Group activity Slide 29

Duration: 30 min

Aim of the activity

To allow participants to think about the type of information to be disseminated, when and to whom it
should be delivered, and through what possible means.

Group activity

• Divide the participants into small groups.

• Inform the participants that each group will fill in a chart that presents some basic elements of the
information on the topic.

• Ask the participants to do the following:

- Elaborate on the information provided in the grid.

- Identify at which moment such information should be delivered (e.g. just before workers leave
the country, or before the actual decision of leaving is made) and to whom (i.e., who should be
the target groups).

- Identify the means to deliver the information (what kind of activities to put in place in order to
deliver the information).

- Add other types of information that should be delivered and are not already set in the grid.

• Inform participants that they have ten minutes to fill in the chart.

• Collect the answers from the working groups – each participant will give feedback on at least one
element of the grid. Feedback from the participants should not last more than 15 minutes total.

Conclusion

Draw out key points of the answers provided by the participants and possible policy solutions.

Explain that the findings from the exercise will be complemented by a short presentation.

Presentation complementing the Group activity (25 min)

Trainer note
Use the trainer version of the worksheet and the following points to correct the exercise and cover the
information to be disseminated during this session.
After the exercise, distribute the IOM’s Generic Curriculum for Low-Skilled Labour Migrants (Annex 2).

Highlight the following points Slide 30

- Often, information dissemination programmes intervene too late in the process of migration.

- It is essential to propose pre-departure courses to migrant workers who are about to leave for their
jobs abroad.

- It is also important, however, to disseminate information before workers have secured an employment
contract.

- Thus, a distinction can be made between pre-employment programmes and pre-departure orientation
programmes.

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Module D

• Present the distinction between pre-employment programmes and pre-departure orientation:

- Pre-employment programmes are mainly conceived for potential migrant workers: individuals that are
at the decision-making stage, before the commitment is made to accept an offer of employment.

- Pre-departure orientation courses are targeted to labour migrants who have secured an employment
contract.

Pre-employment programmes Slide 31

Outline the types of information to be disseminated; how to convey the information; and what groups to
target:

• Types of information:

- Information on private recruitment agencies, including blacklisted recruiters;

- Wage and other employment standards for specific occupations and countries of destination;

- Skills testing procedures, health examination services, and their fees;

- Information on emigration clearance (if applicable);

- List of countries recommended as destinations as well as a list of those where employment is

discouraged;

- Average cost of transport to various destination countries.

• How to convey the information:

- Pre-employment orientation seminars. Present the example of Pre-Employment Orientation Seminar

in the Philippines (textbox below).

Pre-Employment Orientation Seminar in the Philippines

The Philippines conceived a programme called Pre-Employment Orientation Seminar (PEOS) as an

optional educational strategy to strengthen the decision-making process of a prospective migrant worker.

The PEOS aims to prepare individuals who are considering the prospects of working overseas by giving
them an overview of the overseas employment programme, of the benefits and pitfalls of working abroad,
and of the numerous steps and documents required for application.

The potential migrant workers are also informed of the proper application procedures, of licensed
recruitment agencies, of the modus operandi of illegal recruiters and the various government services
and programmes at their disposal.

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 Module D

- Migrant Resource Centres – present the example of Tajikistan (textbox below)

Migrant Resource Centres: the example of Tajikistan

Background information:

Tajikistan’s limited employment opportunities and mountainous terrain make it difficult for its inhabitants
to make a living.

As a result, to escape poverty, many Tajik families have at least one member who is a migrant worker.

Tajiks seasonally migrate to neighboring Kazakhstan, Kyrgyzstan and Uzbekistan, though most go to the
Russian Federation.

Many Tajiks work in informal and low-skilled sectors in Russia and, even when they have regular status,
labour exploitation is common.

Many migrants do not know where to go to seek advice and information on travel and work abroad. They
are therefore easy prey for unofficial recruiters and traffickers.

Information Resource Centres for Labour Migrants (IRCMWs) in Tajikistan

The project:

- An Information Resource Centre for Migrant Workers was first established in the capital,
Dushanbe, in 2004 by IOM and the Government of Tajikistan with the support of the OSCE.

- Since then, six regional IRCMWs have been established.

- The IRCMW located in Dushanbe is an integral part of IOM-Tajikistan, while regional IRCMWs
operate within existing local structures and receive assistance from OSCE and IOM.

- The IRCMWs are organized as a network of centres, with IRCLM Dushanbe taking care of the
coordination.

Purpose and activities:

- The purpose of the IRCMW network is to increase awareness of migration and labour abroad, to
assist in stemming the flow of irregular migration, and to contribute to the respect of the rights of
nationals working abroad.

- Examples of activities undertaken:

Inform – through qualified counsellors – potential migrants about employment conditions, travel
and documentation requirements, registration, the rights of migrants, press reports, maps and
contacts, the risks of trafficking and smuggling in human beings, health risks and other useful
tips.

Conduct mobile consultations, through cooperation between IRCLM Dushanbe and the regional
IRCMWs, several times a year all around the country for the population, local NGOs, and
relevant administrations.

Raise awareness on labour migration issues through arranging public events.

Assist the media to increase the awareness on labour migration issues.

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Module D

- Information campaigns and other means:

o TV documentaries;

o TV debates/round tables;

o TV public service announcements;

o Radio broadcasts; Radio PSAs and FM plugs;

o Soap operas;

o Printed materials;

o Outdoor media;

o Networking and seminar tours.

• Who should be targeted?

- While potential migrants may come from many communities, it is sound to develop activities targeted
towards vulnerable groups, such as the less skilled/educated, the young, women, and migrant family
members.

Pre-departure orientation courses Slides 32-33

Outline the types of information to be disseminated and the way to organize the courses:

• Types of information needed:

- Information on migrants’ rights, including the legal provisions in countries of destination to protect
female migrant workers;

- Information on work and living conditions in countries of destination;

- Conditions of admission and stay under relevant immigration laws; Information on travel documents,
airport procedures and travel tips; Health awareness;

- Practical tips on cultural differences and means of dealing with them;

- Special attention to the gender roles in countries of destination, including, if relevant, the illegal
character of some harmful practices;

- Information on services offered by public authorities and NGOs in countries of destination;

- Information on diplomatic and consular missions in countries of destination;

- Options and procedures for sending remittances;

- Information on return and reintegration.

• Highlight the fact that in order to improve protection of migrant workers, pre-departure orientation seminars
need to go beyond information dissemination and include skills improvement. It typically includes foreign
language training.

• Organization of the courses:

- Courses should be of sufficient duration, easy to access and free of charge.

- Specific courses to be organized according to the destination countries and the types of
occupations.

- For instance, if the considered country experiences large emigration flows of domestic workers, a
specific course for domestic workers should be organized.

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 Module D

• Highlight the fact that IOM provides a wide range of services in the context of the pre-employment / pre-
departure phase of labour migration.

- This includes pre-departure orientation; language training; training on the use of the internet (for
migrants to communicate with their families), monitoring and evaluation as well as capacity building
of national institutions.

- Refer participants to the IOM’s Generic Curriculum for Low-Skilled Labour Migrants, you have
distributed, which can serve as a basis for a one or two-day training.

Summary
• It is essential to disseminate information at the earliest possible stage of the migration process, i.e.
before the actual decision to migrate is made.

• Pre-employment programmes (conceived for potential migrant workers) are distinct from pre-departure
programmes (conceived for migrants who have secured an employment contract).

• Pre-employment programmes:

- General information on the different aspects of labour migration;

- Need to multiply the means to convey information.

• Pre-departure programmes:

- More specific information and further information dissemination, language training and other relevant
training;

- Need to organize free-of-charge seminars in order to reach the largest number of migrant workers
possible.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 37-62

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 266-276

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009

Abella, M.I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries, ILO,
1997, pp. 63-91

Masud Ali, A.K., “Pre-departure Orientation Programme: Study of Good Practices in Asia – A Comparative Study of Bangladesh,
the Philippines and Sri Lanka” in IOM, Labour Migration in Asia. Protection of Migrant Workers, Support Services and Enhancing
Development Benefits (IOM 2005), pp. 85-152

Website of the Philippine Overseas Employment Administration (POEA)

http://www.poea.gov.ph/

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Module D

Module D, Session 4: Information dissemination

ANNEX 1

Trainer example worksheet for individual activity – provide worksheet with only grey
text to participants
Types of Information delivered When delivering information, to How to deliver
information whom? information?

Info on private · L
 ist of licensed · Pre- · Potential · PEP seminars
recruitment agencies employment migrants
· Info campaigns
agencies programmes
· L
 ist of blacklisted and other means
(PEP)
agencies

· H
 ow illegal recruiters
operate

· P
 ublic services
available
Employment · T
 his applies when the · PEP · Potential · PEP seminars
standards considered country migrants
· Pre-departure · Info campaigns
has set employment
orientation · Migrants and other means
standards
(PDO) who have
· PDO seminars
· W
 ages for specific a secured
occupations contract

· W
 ages for specific
counties of destination
Recruitment · S
 kill testing procedures · PEP · Potential · PEP seminars
procedures migrants
· E
 migration clearance (if · Info campaigns
applicable) and other means

· H
 ealth examination

· Information on
contracts
Destination · L
 ife conditions · PEP · Potential · PEP seminars
country profile migrants
· C
 ulture differences and · PDO · Info campaigns
how to deal with them · Migrants and other means
who have
· M
 igrants’ rights · PDO seminars
a secured
contract

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 Module D

Admission · Info on visas and · PEP · Potential · PEP seminars

procedures permits migrants
· PDO · Info campaigns
· Info on travel · Migrants and other means
documents, airport who have
· PDO seminars
procedures and travel a secured
tips contract
Additional · L
 ist of countries · PEP · Potential · PEP seminars
information recommended as migrants
· Info campaigns
(examples) destinations and
and other means
where employment is
discouraged
· Options and procedures · PEP · Potential · PEP seminars
for sending remittances migrants
· PDO · Info campaigns
· Migrants and other means
who have
· PDO seminars
a secured
contract
· Foreign language · PDO · Migrants · PDO seminars
training who have
a secured
contract
· Info on return and · PEP · Potential · PEP seminars
reintegration migrants
· PDO · Info campaigns
· Migrants and other means
who have
· PDO seminars
a secured
contract

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Module D

Module D, Session 4: Information dissemination

ANNEX 2

IOM International Organization for Migration

OIM Organisation Internationale pour les Migrations
OIM Organización Internacional para las Migraciones

PRE-DEPARTURE ORIENTATION
CURRICULUM OUTLINE
FOR LOW-SKILLED LABOUR MIGRANTS

(One-day – 8-hr Session)

8:00 – 10:30 10:45 – 13:45 13:45 – 17:15

Introduction Employment Health Care

(8:00 - 8:20) (10:45 – 12:45) (13:45 – 14:15)

Purpose of Pre- Departure Lunch Accommodation

Orientation (12:45 – 13:45) (14:15 – 14:45)
(8:20 - 8:40)
Transportation
Pre-Departure processing (14:45 – 15:00)
(8:40 – 9:10)
Break
Facts about Country of (15:00 – 15:15)
Destination
(9:10 – 9:30) Social & Public Services
(15:15 – 15:45)
Travel
(9:30 – 10:00) Laws/ Legal Rights
(15:45 – 16:30)
Cultural Adaptation
(10:00 – 10:30) Evaluation/Assessment
(16:30 – 16:50)
Morning Break
(10:30 --10:45) Q&A/Graduation
(16:50 – 17:15)

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 Module D

OBJECTIVES

• To provide migrants with accurate information about the country of destination;

• To help them develop realistic expectations about working in the country of destination;

• To develop awareness and skills necessary for successful adaptation to the society and working
environment of their country of destination.

Introduction Cultural adaptation

- Introduction of self / overview of PDO - Dealing with culture shock
schedule - Discrimination
- Knowledge about the country of - Gender issues
destination
- Cultural values (time management,
- Expectations about the country of personal hygiene, privacy, personal space,
destination customs, traditional practices)
- Fears and concerns about the country of - Culturally appropriate behaviour
destination
- Coping mechanisms
- Tips for adapting
Purpose of the orientation
- Dress code
- Rationale for orientation
- Do’s and don’ts (taboos)
- Benefits and advantages

Employment
Pre-departure processing
- Post-arrival orientation
- Documentation
- Employment rights and obligations
- Visa - link to work permit and duration (working hours/ insurance/ change of
- Medical employer, etc)
- Flight booking - Employment ethics
- Employment conditions (specifically
Facts about country of destination tailored to the individual place of
employment)
- Geography
- Strikes and other labour disputes
- People
- Trade Unions: membership and role
- Climate
- Employment-related injury: prevention and
- Religion
remedy
- Government
- Equal employment opportunity
- Economy
- Documents required for employment
- Employer-employee relationship
Travel
- Employer expectations
- Preparing for your journey
- Migrants’ rights and responsibilities
- Packing for your journey
- Contracts and labour standards
- Travel checklist
- Benefits, deductions, and taxes
- Your documents for travel
- Where to go in case of a problem
- At the airport
- What happens after a completion of the
- Baggage allowance contract
- During the journey – in flight safety - Educational/training opportunities
- Transit assistance - Recreational opportunities
- When you arrive
- Customs and Immigration
- Reception services by employer

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Module D

Health care Social & public services

- Health care benefits - Recreational services
- Nutrition - Libraries
- Tips for healthy living - Places of worship
- Reproductive rights
- Police, ambulance, fire brigade
- STDs and HIV/AIDS awareness
- Coping with stress
Laws /legal rights
- Compliance with local laws
- Consequences of breaking the law
Accommodation
- Legal system
- Initial & long-term housing
- Legal protection
- Safety in the house
- Consular assistance in country of
- Household services – utilities
destination
- Communication services – long distance
- The role of IOM
telephone, internet, SMS

Banking and money management

Transportation
- Currency
- Public transportation
- Banking options in country of destination
- Costs and monthly plans
and country of origin
- Road safety for pedestrians
- Budgeting
- Driver's licence and car ownership
- Remittances
- Traffic laws
- Saving schemes

Evaluation /assessment/graduation
- Comprehensive review of all topics
- Closing remarks
- Exchange of addresses/Certificate
Distribution

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 Module D

Session 5: Protection activities in countries of destination –

consular and diplomatic protection

Suggested duration 1 h 05 min total

5 min Introduce the topic

15 min Consular assistance

5 min Diplomatic protection

35 min Group exercise

5 min Summary
Methodology Presentation and Group activity
You will need Flip chart, pen, Module D slides
Participants will need Copy of slides

Introduce the topic (5 min) Slides 34-35

• Introduce the session with the following elements:

- The session is dedicated to protection activities to be undertaken by countries of origin in countries of

destination.

- More precisely, the discussion will primarily focus on the means countries of origin have at their disposal
in order to prevent and end violations of migrant workers’ rights.

- The session mainly deals with the protection activities of consular and diplomatic posts of the country
of origin in countries of destination, i.e. consular assistance and diplomatic protection.

- Diplomatic protection and consular assistance are old institutions of international law (preceding
international human rights law) that can be efficient tools to improve respect for migrant workers’
human rights.

• Outline the following elements of context regarding consular assistance and diplomatic protection:

- International law distinguishes between two kinds of international relations: consular and diplomatic
relations.

o A fundamental distinction is that diplomatic agents are political representatives of a considered

state, which is not the case of consular agents.

o A consequence is the existence of two separate treaties: the Vienna Convention on Diplomatic
Relations (1961) and the Vienna Convention on Consular Relations (1963).

- Following these two separate regimes, international law recognizes two kinds of protection activities:
consular assistance and diplomatic protection.

• Present the definition of consular assistance and diplomatic protection:

- Diplomatic protection consists of the invocation by a State, through diplomatic action or other means
of peaceful settlement, of the responsibility of another State for an injury caused by an internationally
wrongful act of that State to a natural or legal person that is a national of the former State with a view to
the implementation of such responsibility (International Law Commission, Draft Articles on Diplomatic
Protection, art. 1).

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- Consular assistance refers to the action of the consular posts (or diplomatic posts) towards the
authorities of the country of destination in order to protect the interests and the rights of the nationals
of the country of origin.

- Outline the following distinctions between the two types of actions:

o Diplomatic protection necessarily implies a breach of international law, while this is not necessarily
the case with consular assistance.

o Diplomatic protection actions are conducted at a strictly international (inter-state) level, while
when providing consular assistance the considered state acts in the name of its nationals within
the national legal system of the country of destination.

o Diplomatic protection is essentially remedial, while consular assistance is largely aimed at

preventing the national from being subjected to an internationally wrongful act.

- Highlight the fact that while in theory it is possible to distinguish between diplomatic protection and
consular assistance, in practice, the distinction is often far from clear.

• Inform participants that the present session will mainly be dedicated to consular assistance.

- Given its solemn character and the strict conditions attached to its implementation, diplomatic
protection is quite unusual in practice.

- Consular assistance is a lighter (in terms of procedures and political implications) form of protection.
It also offers a great variety of possible protection activities.

Consular assistance (15 min) Slides 36-40

Rights and duties under the consular assistance system Slides 36-37

• Highlight the fact that while the scope of consular assistance is broader than just the prevention and
redress of human rights violations, they are major components of it.

- In this respect, consular assistance can be seen as a consequence of the duty of the state to protect
the human rights of its nationals, wherever they may reside: not only in the national territory but also
abroad.

- In many instances, the obligation to respect human rights is enshrined in national legislation (often
in the constitution); therefore, the violation of international norms also often constitutes a violation
of national laws.

o However, if the national legislation offers less protection than international law, the standard of
treatment to be enforced by means of consular protective functions is to be found in the various
international human rights instruments.

• Consular law is presently codified by the Vienna Convention on Consular Relations of 24 April 1963. The
main consular functions relevant to protection of migrant workers are detailed in article 5 and article 36
of the Convention.

• Outline the principal relevant provisions of art. 5 of the Vienna Convention:

(a) protecting in the receiving State the interests of the sending State and of its nationals, both
individuals and bodies corporate, within the limits permitted by international law;

[…]

(e) helping and assisting nationals, both individuals and bodies corporate, of the sending State;

[…]

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(f) acting as notary and civil registrar and in capacities of a similar kind, and performing certain
functions of an administrative nature, provided that there is nothing contrary thereto in the laws and
regulations of the receiving State;

(g) safeguarding the interests of nationals, both individuals and bodies corporate, of the sending
State in cases of succession mortis causa in the territory of the receiving State, in accordance with
the laws and regulations of the receiving State;

(h) safeguarding, within the limits imposed by the laws and regulations of the receiving State, the
interests of minors and other persons lacking full capacity who are nationals of the sending State,
particularly where any guardianship or trusteeship is required with respect to such persons;

(i) subject to the practices and procedures obtaining in the receiving State, representing or arranging
appropriate representation for nationals of the sending State before the tribunals and other
authorities of the receiving State, for the purpose of obtaining, in accordance with the laws and
regulations of the receiving State, provisional measures for the preservation of the rights and interests
of these nationals, where, because of absence or any other reason, such nationals are unable at the
proper time to assume the defence of their rights and interests;

[…]

m) performing any other functions entrusted to a consular post by the sending State which are not
prohibited by the laws and regulations of the receiving State or to which no objection is taken by the
receiving State or which are referred to in the international agreements in force between the sending
State and the receiving State.

• Present more specific actions that may be undertaken under consular assistance in order to respond to
a state of necessity in which the migrants find themselves:

- Assistance to sick persons;

- Payment of alimony;

- Return of destitute migrants;

- Assistance in case of deportation.

• Present the following additional actions corresponding to a wider and more modern conception of
consular assistance:

- Lobbying for or against certain administrative measures or proposed legislation that would affect
migrant workers’ conditions of stay or their status;

- Representing migrant workers in negotiations with major employers.

• Present specific rights and obligations granted to the migrant, the country of origin and the country of
destination in the context of arrest, detention and penal proceedings:

- Highlight the fact that, although very specific, these rights and obligations are of utmost
importance.

- These rights and obligations are found in art. 36 of the Vienna Convention.

- First, the right of notification of the right to consular protection and assistance to arrested and
detained migrant workers:

o This implies the corresponding obligation of the authorities of the country of destination to notify
the individual of this right.

o The right of consular notification is considered an essential guarantee that forms part of the right
to a fair trial.

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o Migrant workers, faced with a foreign legal environment and a language that they often do not
master, are in a situation of particular vulnerability. The right to consular notification takes on
particular importance in this context.

o The right to consular notification allows migrant workers to request that the country of destination
inform the relevant consular authorities that they have been arrested or detained.

- Second, the right of consular assistance recognizes the right of a state to assist its national abroad
and the corresponding right of the national abroad to contact the consular authorities to obtain
assistance.

- Third, consular authorities have corresponding rights and obligations:

o To be promptly informed of the detention, at the request of the national;

o To communicate with and have access to the detained national if he or she desires;

o To visit and correspond with the detainee; to arrange for the detainee’s legal representation;

o To provide any other type of assistance with the agreement of the detainee.

• Highlight the fact that whereas consular authorities have significant means to offer assistance and
protection to migrant workers, such mechanisms are often neglected.

How to improve the protection of migrant workers in countries of destination Slides 38-40

- Introduce the different types of measures that may be undertaken:

o Some types of measures relate to the organization of the diplomatic and consular posts;

o Other types of measures relate to cooperation of diplomatic and consular posts with civil society,
such as migrants’ diasporas, local NGOs, local lawyers, etc.

- Present the role of the labour attaché:

o A labour attaché is an official of the Ministry of Labour seconded to the Ministry of Foreign
Affairs, who serves in Embassies or Consulates to deal with labour issues.

o The role of the labour attaché includes protection and assistance to migrant workers but also
goes further.

o A labour attaché has the following duties:

· Protect workers abroad in his or her diplomatic mission’s jurisdiction;

· Undertake marketing and identification of job opportunities;

· Assist in the development of policy regarding labour;

· Promote good relations with the host country on labour matters.

- Outline the following selection of assistance/protection activities to be undertaken by the labour

attaché:

o Providing assistance on all matters pertaining to employment:

· Ensuring that migrant workers are not exploited or subject to discrimination;

· Assisting migrant workers in the recovery of dues or other benefits;

· Assisting migrant workers on occasions of violations of their contracts;

· H
 elping migrant workers in cases when they are subjected to inhumane conditions, sub-
standard working environments, or unhealthy or unsafe working conditions.

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o Ensuring that undocumented migrants, smuggled or trafficked, are protected and their
repatriation facilitated;

o Ensuring that injured or sick migrant workers receive medical attention and, if they choose,
assistance in returning home;

o Ensuring that the rights and well-being of women migrant workers are protected;

o Providing legal assistance or representation in courts, in coordination with the consulate, when
workers’ rights as persons or as workers are violated; when they face allegations in court, or
when they are detained because of allegations;

- Present the Labor Attaché’s required knowledge and skills:

o In the discharge of these functions, a labour attaché should be equipped with certain knowledge.
He or she should be armed with:

· Knowledge of international legal instruments, treaties or agreements;

· K
 nowledge of the host country affecting labor demand and employment and knowledge about
his or her home country in regard to the employment supply;

· Knowledge of policies and laws affecting labor in both countries;

· Knowledge of gender-specific difficulties faced by migrant workers in the country of

destination.

- Equally, the labour attaché should be equipped with the following skills:

o Diplomatic skills;

o Counseling, negotiation, conciliation and arbitration skills;

o Analytical, organizational and coordination skills;

o Language skills (of the host country);

o Research skills, including data-handling skills and basic statistics skills;

o Networking skills;

o Psychological assessment skills.

- Beyond being properly trained, the labour attaché must be given the means to pursue his or her
tasks. He or she must benefit from the support of the diplomatic mission and the home office.

- Present the following additional means to improve the protection of migrant workers in countries of
destination:

o Increase consular staff and conduct training of consular officers, so they have sound knowledge
of migrant workers’ rights;

o Establish a network of lawyers to provide pro bono legal assistance to migrant workers and
develop cooperation with local NGOs active in the field of migrants’ human rights;

o Develop cooperation and links with diaspora communities and request consular officers or
labour attachés to regularly visit such communities.

Diplomatic protection (5 min) Slide 41

• Recall the difference between consular assistance and diplomatic protection:

- While consular assistance actions aim to directly protect the interests and the rights of a national using
the national legal and administrative channels of the country of destination, diplomatic protection

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actions are conducted at a strictly interstate level:

o Diplomatic protection actions are conducted by the representative of the state acting in the
interest of the state – and only indirectly in the interest of the individual.

o Diplomatic protection is designed to remedy an internationally wrongful act that has been
committed by the country of destination.

o Diplomatic protection is not dependent on the consent of the considered national (unlike
consular assistance).

o Diplomatic protection implies more formal and political actions than consular assistance.

• Mention the two principal normative sources regarding diplomatic protection:

- The Vienna Convention on Diplomatic Relations (1961), art. 3;

- The International Law Commission Draft Articles on Diplomatic Protection (2006).

• Outline the main components of the diplomatic protection mechanism:

- Two main conditions must be met in order to engage in diplomatic protection actions:

o The country of destination must be responsible for injury to a foreigner caused by its wrongful
act or omission;

o Local remedies available to the individual must have been exhausted:

· T
 his means that the state where the violation occurred had the opportunity to redress it by its
own means.

· T
 his also means that the individual must exhaust all available judicial remedies – as well as
administrative remedies – which my result in a binding decision.

- Diplomatic protection must be exercised by lawful and peaceful means such as:

o Diplomatic actions:

· T
 hese include protest, request for an inquiry, negotiations aimed at the settlement of disputes,
etc.

o Other means of peaceful settlement:

These include mediation, conciliation, arbitration and judicial dispute settlement.

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Group activity Slide 42

Duration: 35 min

Aim of the activity

To enable participants to reflect and discuss on the efficiency of consular assistance and diplomatic
protection.

Introducing the activity

• Divide the participants in two groups and give the instructions:

- Group 1:

o You are the representatives of the Ministry of Emigration of a fictional country.

o You have scheduled a meeting with members of the cabinet of the prime minister in order
to convince him/her of the necessity to develop an ambitious programme of consular
assistance and diplomatic protection, including the establishment of labour attachés.

- Group 2:

o You are members of the cabinet of the prime minister.

o The prime minister doubts of the efficiency of consular assistance and diplomatic protection
and therefore is opposed to the launching of the programme proposed by the Ministry of
Emigration.

• Explain to the participants that they have 10 min to prepare the exercise.

• Tell the groups that each has to present their arguments and counterarguments to the other group and
to attempt to reach an agreement (15 min).

Conclusions (5 min)

Drawout conclusions from the exercise, including the following:

• The practical and resource implications of consular assistance.

• The importance of targeting resources.

• The importance of complying with key legal obligations.

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Summary (5 min)
• Recall the fact that the exercise only reflects specific aspects of consular assistance and diplomatic
protection.

• Recall the great variety of activities to be undertaken under consular assistance. For instance:

- Assistance to sick persons;

- Assistance in case of return/deportation;

- Assistance to detained migrants;

- Lobbying/representing migrant workers within negotiations related to migrant workers conditions of

stay and employment;

- Assistance related to employment including legal assistance and representation in courts.

• Highlight the cost of efficient consular assistance activities:

- For instance, the nomination of a competent labour attaché who is being given the means to
undertake his tasks.

- Due to the cost of consular assistance activities, additional means to assist and protect migrant
workers can be considered. This includes notably:

o Establishment of a network of lawyers to provide pro bono legal assistance to migrant workers
and cooperation with local NGOs active in the field of migrants’ human rights.

• Regarding diplomatic protection, recall the following elements:

- Diplomatic protection has a more political and solemn character than consular assistance.

- Diplomatic protection activities bring the violations of migrants’ rights to an inter-state level.

- Although potentially effective, diplomatic protection is not frequently used.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 37-62

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 266-276

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009

Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf

Abella, M.I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries, ILO,
1997, pp. 63-91

Künzli, A., “Exercising Diplomatic Protection, the Fine Line between Litigation, Demarches and Consular Assistance” in 66 ZaöRV,
2006, pp. 321-350

Lee, L.T., Consular Law and Practice, Oxford, 1991

Perruchoud, R., “Consular Protection and Assistance” in Cholewinski, R., Macdonald, E. and Perruchoud, R. (eds.), International
Migration Law: Developing Paradigms and Key Challenges, Asser Press, The Hague, 2007, pp. 71-85

International Law Commission, Draft Articles on Diplomatic Protection with commentaries, 2006
Available at: http://untreaty.un.org/ilc/texts/instruments/english/commentaries/9_8_2006.pdf

United Nations, Vienna Convention on Diplomatic Relations, 18 April 1961

Available at: http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf

United Nations, Vienna Convention on Consular Relations, 24 April 1963

Available at: http://untreaty.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf

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Session 6: Migrant welfare funds

Suggested duration 25 min total

5 min Introduce the topic

5 min Migrant welfare funds: generalities

10 min The experience of the Philippine Overseas Workers Welfare

Administration (OWWA)

5 min Summary and lessons learned from the OWWA experience

Methodology Presentation
You will need Flip chart, pen, Module D slides
Participants will need Copy of slides

Introduce the topic (5 min) Slides 43-44

Trainer note

The aim of this session is to give an overview of a protection mechanism that is not widespread but that
may be of interest to most countries of origin: migrant welfare funds.

• Outline the context of migrant welfare funds:

- A number of usual protection and social welfare services offered domestically may not be accessible
to migrant workers in countries of destination (in law and/or in practice).

- These may include emergency relief, government assistance, workers’ compensation, or health
insurance.

- In those cases, migrant welfare funds can play an important protection role.

• Present a definition of migrant welfare funds:

- Migrant welfare funds are sometimes defined as an innovative and financially sustainable means of
providing support services to vulnerable migrants and those migrants in distress.

- This definition may be too restrictive, as the examples further presented will show.

Migrant welfare funds: generalities (5 min) Slide 45

• Migrant welfare funds are currently only implemented in Asian countries:

- Three major labour-sending countries have established such programmes: Pakistan, the Philippines
and Sri Lanka.

- Highlight the fact that while these programmes are currently limited to Asian countries, they may be
of interest to all countries of origin.

• Outline the main objectives of the funds:

- To provide protection abroad:

o Protection at the job site;

o Death, disability and health insurance;

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o Financial support for repatriation of remains;

o Fares for involuntary return.

- Other services provided to migrant workers and their families:

o Pre-departure orientation;

o Support for education and training;

o Credit for various purposes (e.g. financing migration, housing and small businesses).

• Outline the following elements regarding the administration of migrant welfare funds:

- Migrant welfare funds are administered by public or semi-public agencies:

o Overseas Pakistani Foundation (OPF), the Philippine Overseas Workers Welfare Administration
(OWWA) and the Sri Lanka Overseas Workers Welfare Fund (OWWF).

o All three involve representatives of overseas workers and of the national office in charge of
labour migration.

- In principle, migrant welfare funds may be funded by employers and/or migrant workers.

o In practice, however, it appears that the funds are almost entirely financed by contributions of
migrant workers.

o In all three countries, contributions are fixed at 25 USD per person.

The experience of the Philippine Overseas Workers Welfare Administration (OWWA)

Slide 46
(10 min)

• Indicate that the following presentation will focus on a specific country experience, the Philippine
Overseas Workers Welfare Administration (OWWA):

- The Philippines programme is the most elaborate migrant welfare fund.

- Lessons can be drawn from the Philippines experience.

• The OWWA

- The Board of Trustees:

o A tripartite body with the Department of Labor and Employment Secretary as chair and 11 other
members representing the government, management, and migrant workers.

o The board plans and implements policies and programmes, crafts rules and regulations, and
oversees fund sources.

- The OWWA Secretariat:

o The Secretariat, headed by the OWWA administrator, manages day-to-day operations in the
Philippines headquarters and abroad.

o OWWA is composed of 580 staff, based in the main office in Manila; in regional offices within the
Philippines; and in countries with particularly large presence of Philippines workers.

- Membership:

o Membership is mandatory for migrant workers, either by enrollment upon processing of

a contract at the Philippine Overseas Employment Administration (POEA) or by voluntary
registration abroad.

o Ideally, the employer pays the 25 USD membership fee, although in practice it appears that fees

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are paid by migrant workers.

o As of May 2007, OWWA had over 1 million members, which represents only 28 % of the total
estimated number of regular temporary workers abroad in 2006.

• OWWA services and benefits:

- A distinction can be made between core services that protect migrant workers abroad and secondary
services that concern migrant workers before departure and upon return, as well as services that
affect family members staying in the Philippines.

- Core services:

o Repatriation program that organizes the repatriation of distressed and ill workers, as well as the
remains of those who die abroad;

o Life and personal accident insurance;

o Health insurance, for which OWWA charges an additional 18 USD per year;

o Services offered through OWWA’s offices abroad, including counseling for distressed workers,
paralegal services, etc.

- Secondary services:

o Pre-departure orientation seminars;

o Loans intended to prevent abuses of migrant workers and their families by illegal recruiters:

· Pre-departure loans to defray the cost of pre-departure requirements;

· Family assistance loans for emergency purposes ;

· L
 ivelihood loans to improve access to entrepreneurial development opportunities upon the
migrants’ return.

o Scholarship grants.

Summary and lessons learned from the OWWA experience (5 min) Slide 47

- Migrant welfare funds are potentially an efficient protection tool. In this regard, useful lessons can be
learned from the experience of other countries, in particular the Philippines.

- Highlight the following elements regarding the distinction between core and secondary services:

o While migrant welfare funds are adequate to provide core services, it is difficult for a fund based
on a small membership fee to deliver secondary services.

o In practice, OWWA has actually extended secondary services to relatively few migrant workers
and their families.

o Moreover, there is a risk for secondary services to intrude on services provided by specialized
government agencies.

o It may be wise for a fund to concentrate on core services.

- Highlight the importance of establishing partnerships to enhance efficiency:

o Private sector, governmental and non-governmental organizations can provide services more
efficiently and more inexpensively.

o For example, OWWA partnered with IOM in the repatriation of migrant workers from the war in
Lebanon in 2006.

· IOM repatriated almost 67% of Filipino returnees.

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· OWWA was able to decrease its costs by using IOM’s discount on airfares.

- Highlight the importance of organizing the participation of migrant workers in the administration of
the fund.

- Highlight the importance of developing cooperation with countries of destination.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 37-62

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 266-276

Agunias, D. R., Ruiz, N. G., “Protecting Overseas Workers: Lessons and Cautions from the Philippines” in Migration Policy Institute
Insight, September 2007
Available at: http://www.migrationpolicy.org/pubs/MigDevInsight_091807.pdf

Tan, E. A., “Welfare Funds for Migrant Workers – A Comparative Study of Pakistan, the Philippines and Sri Lanka” in IOM, Labour
Migration in Asia. Protection of Migrant Workers, Support Services and Enhancing Development Benefits (IOM 2005), pp. 153-218

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Power Point Module D:

Protection of migrant workers: policy options for countries of origin

SLIDE 1 SLIDE 2

Module D: Protection of
migrant workers. Policy
options for countries of Session I
origin Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

By the end of this Module you will:

Module Aim

Understand the need to take protection measures at an early
stage of the migration process
Module D aims to present and
discuss the policies and actions
Be familiar with the complexities of regulation of recruitment
agencies and implementation of employment standards
that can be adopted and
undertaken by countries of
Be able to identify the types of information to disseminate in
origin in order to protect their order to protect migrant workers and the way to convey such
nationals abroad. information

Be familiar with the mechanism of consular

protection/assistance and the role of labour attachés

Be introduced to the mechanism of migrant welfare funds

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SLIDE 5 SLIDE 6

Session 1: introduction Session 1: introduction

The need for protection Means to protect nationals going

abroad for employment

Migration may increase workers’ opportunities and result in
a better standard of living
Destination countries are primarily responsible for preventing
violations of migrant workers’ rights.

It may also involve obstacles and hardships

Detrimental practices may start in the country of origin.

Migrants often face discrimination, and may be subject to
Many protection activities can be implemented in the country
hostility and exploitation of origin.

Migrant workers are not equally vulnerable: the most
In countries of destination, consular and diplomatic missions
exposed are the less-educated, the less-skilled, and women have means of intervention.
migrants

Cooperation between countries of origin and destination is
critical.

SLIDE 7 SLIDE 8

Session 1: introduction Session 1: introduction

Group activity Group Activity: Questions to consider

Identify the types of labour, social and economic disadvantage,
and abuses that migrant workers are likely to face

Prioritize the five abuses in most urgent need of attention

Propose actions that the governments of countries of origin

Think about the kinds of abuses and difficulties that migrant can take to reduce the severity of such abuses, or to eradicate
them completely
workers may face, not only in the destination country, but
also on return to their countries of origin, particularly in
times of economic hardship.
Identify the prerequisites that need to be in place to maximize
the chances that these proposals will be successful

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SLIDE 9 SLIDE 10

Session 2: Management of the recruitment of migrant workers

The role of employment agencies

Session II
Recruitment agencies may be either private or public entities

Management of the
Recruitment agencies match the need for a particular skill
with the available workers
recruitment of migrant
Recruitment agencies can also provide the following
workers services:
 Testing and selecting applicants
 Obtaining visas
 Arranging travel documentation
 Securing government approvals or clearance
 Providing pre-departure training

SLIDE 11 SLIDE 12

Session 2: Management of the recruitment of migrant workers Session 2: Management of the recruitment of migrant workers

The need for regulation International instruments

Recruiters’ search for business can result in increased job
opportunities

ILO Private Employment Convention No.181

The drive to increase profits may lead to unsound and  Obligation for state parties to regulate private employment agencies
fraudulent practices  Concerns all workers but include specific provisions concerning
migrant workers

Already during the recruitment phase, migrant workers may
face risks of violation of their rights
Recommendation No. 188
 Incentives to combat fraudulent practices

There is a need to protect migrant workers by establishing
orderly and well controlled recruitment processes

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SLIDE 13 SLIDE 14

Session 2: Management of the recruitment of migrant workers Session 2: Management of the recruitment of migrant workers

Registration and licensing Licensing standards

Registration and licensing are the two most commonly used
Conditions for issuing a license may vary to great extent,
approaches to regulating recruitment agencies but in general they cover:
 Legal and corporate personality
 Financial, marketing, recruitment and management capability

Registration requires the agency to register for a fee with
the Chamber of Commerce or other relevant authorities

For how long should licences be valid?
 A registered agency is subject to routine checks by tax authorities or
labour inspectors like any other business

Extent of the licence:

Given the particular sensitivity of the recruitment business,  Should there be geographical restrictions?
many countries have opted for a licensing system  Should licenses be restricted to one office?
 Should sub-contracting be prohibited?

SLIDE 15 SLIDE 16

Session 2: Management of the recruitment of migrant workers Session 2: Management of the recruitment of migrant workers

The issue of recruitment fees Implementing regulation of private

recruitment agencies

Recruitment fees paid by migrant workers are usually high
Rationale behind implementing regulation of private
recruitment agencies:

ILO Convention No. 181 prohibits agencies to charge fees to
workers (exceptions may be allowed)
Combining controls and sanctions with incentives
helps ensure compliance with the law

In practice, collection of fees is permitted by most national

To base the regulation of private recruitment agencies
legislations
solely on repression is counterproductive

In order to protect migrant workers from abusive recruitment

fees, many states have adopted a ceiling on recruitment fees

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SLIDE 17 SLIDE 18

Session 2: Management of the recruitment of migrant workers Session 2: Management of the recruitment of migrant workers

Implementing regulation of private Implementing regulation of private

recruitment agencies (cont.) recruitment agencies (cont.)

Monitoring activities: Administrative / penal sanctions:

Reports by recruitment agencies on their activities

Forfeit of the deposit and performance bonds posted

Visits by state agents or their representatives

Revocation or withdrawal of a licence

Information campaigns identifying blacklisted recruitment

Seizing of assets; Fines; Imprisonment
agencies

Mechanisms for review of migrant workers’ employment

contracts

SLIDE 19 SLIDE 20

Session 2: Management of the recruitment of migrant workers Session 2: Management of the recruitment of migrant workers

Implementing regulation of private Alternative means to manage and regulate

recruitment agencies (cont.) recruitment of migrant workers

Self-regulation
Incentives for agencies:  State’s activities may not be sufficient
 The example of codes of conduct

Extension of licence or waiver of renewal requirement

Codes of conduct can be put in place by individual companies or by
an association

Contracts processed more speedily or automatically
Codes of conduct may include provisions for disciplinary measures
to be taken in case of breach by a signatory agency

Inclusion in a list of recommended agencies

Direct involvement of the state

Offer to fill quotas as part of bilateral agreements  States rarely play a direct role in the recruitment of migrant workers
 Regarding the most vulnerable migrant workers, public authorities could
manage recruitment directly

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SLIDE 21 SLIDE 22

Session 3: Employment contracts and standards

Why adopt employment contracts and

standards?
Session III
To arrange for the protection of migrant workers before they
leave the country
Employment contracts and
To ensure that migrant workers are protected by a proper
minimum employment

contract that guarantees fair wage and decent work
conditions
standards

The implementation of such contracts and standards is not
an easy task; states may face significant obstacles in the
process

SLIDE 23 SLIDE 24

Session 3: Employment contracts and standards Session 3: Employment contracts and standards

Content of minimum employment Content of minimum employment

standards and employment contracts standards and employment contracts

Guaranteed wages for specified working hours
Elements to take into account when drafting employment

Free food and accommodation or offsetting arrangements
contracts and standards:

Free emergency medical and dental treatment and facilities
including medicines
Existing labour and social laws of the host country

Insurance coverage
National customs, traditions, and practices

Just or authorized cause for termination of employment
Compliance with existing conventions and bilateral or

Repatriation of remains and belongings at employer’s multilateral agreements with the host country
expense in case of death

One day of rest per week

Procedure for dispute settlement

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SLIDE 25 SLIDE 26

Session 3: Employment contracts and standards Session 3: Employment contracts and standards

Discussion Addressing concerns on implementation

of employment standards

Conclusion of BLAs

The controversial issue of exit controls

What means of action are available for countries of origin to
secure the implementation of employment standards?
Labour market strategies for the diversification of countries
of employment
Workers are employed in a third country where:

They are often paid less than local nationals
Joint liability of employers and private recruitment agencies

Employers refuse to give them contacts prior to departure

If they do get contracts, then they are often substituted once they arrive
Consular assistance and diplomatic protection
for contracts with worse terms and conditions

Non-formal international cooperation mechanisms

SLIDE 27 SLIDE 28

Session 4: Information dissemination

Providing migrants workers

with reliable and accurate
Session IV information regarding the
different aspects of the
Information dissemination migration process is an
essential component of
protection

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SLIDE 29 SLIDE 30

Session 1: introduction Session 4: Information dissemination

Pre-employment programmes and pre-

Group activity departure orientation

Often, information dissemination comes too late

It is important to propose pre-departure courses to migrant

workers who are about to leave for their jobs abroad (pre-
departure orientation programmes)
What types of information to deliver?

It is also important to disseminate information before workers
When, how, and to whom? have secured an employment contract (pre-employment
programmes)

SLIDE 31 SLIDE 32

Session 4: Information dissemination Session 4: Information dissemination

Pre-employment programmes Pre-departure orientation courses

Types of information
 Wage and employment standards for specific occupations and
Type of information
countries  Migrants’ rights and responsibilities  Services offered by authorities
 Skills testing procedures, health examination services, and their fees and NGOs in countries of
 Work and life conditions in destination
 Information on private recruitment agencies, including blacklisted
recruiters countries of destination  Information on diplomatic and
 Information on emigration clearance (if applicable)  Conditions of admission and stay consular missions
 List of countries recommended/not recommended as destinations under relevant immigration laws  Options and procedures for
sending remittances

How to convey the information?  Information on travel documents,
 Foreign language training
 Pre-employment orientation seminars airport procedures and travel tips
 Information on return and
 Migrant Resource Centres  Health awareness reintegration
 Information campaigns and other means  Cultural differences and means of

Who should be targeted? dealing with them
 Primarily vulnerable groups, such as the less-skilled/less-educated, the
young, women, and migrant family members

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SLIDE 33 SLIDE 34

Session 4: Information dissemination

Pre-departure information courses

The importance of going beyond information dissemination Session V

to provide for skill-building, including language training
Protection activities in

Organization of the courses
 Courses should be of sufficient duration, easy to access and free of
charge
countries of destination
 Specific courses according to the destination countries and types of
occupations
Consular assistance and
diplomatic protection

IOM involvement in pre-employment / pre-departure
programmes

SLIDE 35 SLIDE 36

Session 5: Protection in countries of destination Session 5: Protection in countries of destination

Consular assistance / Diplomatic Consular assistance

protection

A consequence of the duty of the state to protect the human

Diplomatic protection and consular assistance are old
rights of its nationals
institutions of international law that can be efficient tools to
improve respect for migrant workers’ rights

Art. 5, Vienna Convention on Consular Relations

Two separate treaties: the Vienna Convention on Diplomatic
Relations (1961) and the Vienna Convention on Consular
Actions to respond to a state of necessity in which migrants
Relations (1963) find themselves:
 Assistance to sick persons
 Payment of alimony

Thes are two separate regimes, although in practice there
 Return of destitute migrants
are many similarities
 Assistance in case of deportation

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SLIDE 37 SLIDE 38

Session 5: Protection in countries of destination Session 5: Protection in countries of destination

Consular assistance (cont.) How to improve protection in

countries of destination?

Additional actions
Some measures relate to the organization of the
 Lobbying for or against administrative measures or proposed diplomatic/consular missions
legislation that would affect migrant workers’ conditions of stay or their
Other measures relate to cooperation with civil society
status
 Representing migrant workers in negotiations with major employers

Appointment of labour attachés
 A labour attaché is an official of the Ministry of Labour who serves in
Embassies or Consulates

Specific rights granted by international law in the context of  A labour attaché has the following duties:
arrest, detention and penal proceedings
protect workers abroad in his or her diplomatic mission’s jurisdiction
 Right to information on consular protection and assistance
undertake marketing and identification of job opportunities
 Right to consular notification
assist in the development of policy regarding labour
 Right to consular assistance
promote good relations with the host country on labour matters
 Right of consular communication

SLIDE 39 SLIDE 40

Session 5: Protection in countries of destination Session 5: Protection in countries of destination

How to improve protection in How to improve protection in

countries of destination? (Cont.) countries of destination? (Cont.)

Labour attaché’s protection activities:
 Assistance in employment matters Additional means to improve the protection of migrant workers
 Protection of undocumented migrants in countries of destination
 Legal assistance or representation in courts
Increase consular staff and conduct training of consular officers
 Other activities

Establish a network of lawyers to provide pro bono legal assistance to

Labour attaché’s knowledge and skills: migrant workers
 Knowledge of international law

Develop cooperation with local NGOs active in the field of migrants’
 Knowledge of labour market (country of origin and destination)
human rights
 Knowledge of policies and laws affecting labor in both countries
 Diplomatic, counseling, negotiation and arbitration skills
Develop cooperation with diaspora communities and request that
 Other skills and knowledge consular officers/labour attachés regularly visit such communities

Labour attaché must benefit from the support of the
diplomatic mission and the home office

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SLIDE 41 SLIDE 42

Session 5: Protection in countries of destination Session 1: introduction

Diplomatic protection Group activity

Sources
 Art. 3, Vienna Convention on Diplomatic Relations
 The International Law Commission Draft Articles on Diplomatic
Protection

Diplomatic protection mechanism

 Violation of international law norm by country of destination
To reflect and discuss on the efficiency of
 Exhaustion of local remedies
 Use of lawful and peaceful means of redress consular assistance and diplomatic protection

Diplomatic actions (e.g. protest, request for an inquiry,
negotiations)

Mediation, conciliation, arbitral and judicial dispute settlement)

SLIDE 43 SLIDE 44

Session 6: Migrant welfare funds

Migrant welfare funds (MWFs): context

and definition

Usual domestic protection and social welfare services may

Session VI not be accessible in countries of destination

Migrant welfare funds
Migrant welfare funds are sometimes defined as an

innovative and financially sustainable means of providing
support services to vulnerable migrants and migrants in
distress

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SLIDE 45 SLIDE 46

Session 6: Migrant welfare funds Session 6: Migrant welfare funds

General issues Philippine Overseas Workers Welfare

Administration (OWWA)

To date MWFs are only implemented in Asian countries

The OWWA

Objectives  Board of trustees
 Protection on the job site  Secretariat
 Death, disability and health insurance  Membership: mandatory, fee of 25 USD, 1 million members
 Financial support for repatriation of remains

Services and benefits
 Fares for involuntary return
 Core services
 Other services provided to migrant workers and their families

Repatriation program

Life and personal accident insurance

Administration

Additional 18 USD per year for health insurance
 By public or semi-public agencies
 Secondary services
 In principle MWFs may be funded by employers and/or migrant
Pre-departure orientation seminars
workers

Loans
 In practice MWFs are financed by contributions of migrant workers
Scholarship grants

SLIDE 47 SLIDE 48

Session 6: Migrant welfare funds

OWWA: lessons learned

To concentrate on core services

To establish partnerships with private sector, IOs and NGOs

Thank you!

To organize participation of migrant workers

To develop cooperation with countries of destination

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Course 2
Developing labour migration policies in countries of origin

Module E
Module E
Developing labour market
strategies, including
addresses the challenges
of highly-skilled migration

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Module E

Module E: Developing labour market strategies, including

addressing the challenges of highly-skilled migration

Suggested total duration: 2 h 40 min

Duration Session
5 min Session 1: Introducing Module E
25 min Session 2: Developing promotion strategies: the context
40 min Session 3: Group activity: Vasaria’s new labour migration programme
40 min Session 4: The market development process
50 min Session 5: Addressing the challenges of highly-skilled migration

Aims of Module E
• To present the main goals and components of labour market strategies;

• To present the use of marketing tools in the context of labour migration management;

• To present the nature of highly-skilled migration and its impact on both labour migration policy planning
and human resource planning;

• To explore how policy measures in countries of origin can mitigate the potential negative effects of highly-
skilled migration.

Learning outcomes for Module E

By the end of this module, participants will:

• Understand clearly the importance of labour market strategies, with attention to their context, components,
and the challenges of their implementation;

• Be familiar with the challenges of highly skilled-migration and with ways to address them.

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 Module E

Session 1: Introducing Module E

Suggested duration 5 min total

Methodology Presentation
You will need Flip chart, pen, Module E slides
Participants will need Copy of slides

• Introduce Module E by highlighting the fact that this module will focus on possible ways for countries
of origin to intervene in the international labour market in order to optimize the benefits of labour
migration.

This includes:

- The development of promotion strategies in order to open new channels for labour migration and to
consolidate existing ones;

- The adoption of policies in order to address the challenges of highly-skilled migration.

Present Module E aims and learning outcomes Slides 1-4

- Aims of Module E:

o To present the main goals and components of labour market strategies;

o To present the use of marketing tools in the context of labour migration management;

o To present the nature and impact of highly-skilled migration on labour migration policy planning
and human resource planning;

o To explore how policy measures in countries of origin can mitigate the potential negative effects
of highly-skilled migration.

- Learning outcomes for Module E:

By the end of this module, participants will:

o Have a clear understanding of the importance of labour market strategies, with attention to their
context, components, and the challenges of their implementation;

o Be familiar with the challenges of highly skilled-migration and with ways to address them.

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Module E

Session 2: Developing promotion strategies: the context

Suggested duration 25 min total

20 min Pair activity: should countries of origin promote foreign
employment?

5 min The importance of matching labour demand and supply

Methodology Presentation and Pair activity
You will need Flip chart, pen, Module E slides
Participants will need Module E, Session 2 worksheets; copy of slides (to be distributed after
completion of Module E, Session 3’s exercise)

Pair activity: should countries of origin promote foreign employment? Slides 5-6

Duration: 20 min
• Introduce the activity by highlighting the fact that an increasing number of developing countries and
countries with economies in transition seek to adopt policies, legislation and structures which promote
foreign employment for their workforce. In other words, more and more countries of origin are adopting
active strategies in order to find new employment opportunities abroad for their nationals. This is the
result of increased globalization and the interconnection of labour markets.

• Divide participants into pairs and ask participants to answer the following question: Should countries
of origin promote foreign employment?

- Indicate to participants that one member of the pair will be in favor of promotion activities while
the second member of the pair will be opposed to them.
• After 10 minutes briefly ask each group to set out the main arguments for and against.

• Draw out conclusions from the answers of participants using the elements presented below.

Objectives of promotion strategies Slide 7

• The start of the discussion is to recognize that the creation of employment opportunities in the country
of origin is the first, best option.

• Promotion strategies do not aim to encourage the departure of national workers. For the country of
origin, the starting point is to recognize the existence of emigration flows and therefore the country’s
interest in developing strategies and policies in order to organize and manage such migration flows.

• Similarly, the objective is not to expand employment through emigration, no matter where and no matter
what the conditions.

• The general objectives of a labour market policy can be summarized as follows: to open new channels
for legal labour migration in order to:

• Relieve unemployment:

- This is probably the principal rationale for countries of origin.

- Highlight the fact that consequences of emigration on the domestic labour market are complex.

- Emigration may seldom lead to a rise in wages. Thus in a decline in profit, employers may cut

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investment and reduce employment.

- Emigration may, nevertheless, bring other adjustments in the national economy (for instance, through
remittances).

• Generate foreign exchange remittances and savings:

- Migrant remittances can be broadly defined as the monetary transfers that a migrant makes to the
country of origin.

- Remittances can be an important source of foreign exchange for countries of origin.

- It must be kept in mind that savings and remittances are private funds. Thus, mobilizing and
channelling savings and remittances for development is a complex issue.

- Recall that the issue of remittances will be covered in Module F: Enhancing migrant workers’
contribution to the development of countries of origin.

• Promote the acquisition and transfer of new skills:

- Migrant workers may acquire abroad skills that they would not acquire at home and then transfer
them when they return.

- Highlight the fact that such technology transfers are conditioned by a number of elements, including
the very possibility of acquiring new skills abroad, the question of return, and the transferability of
skills in the country of origin.

• Promote the protection of migrant workers’ rights and interests, ensuring that there is orderly migration
to countries where their rights will be protected and where they can expect to earn a decent income.

• Labour market strategies have to be seen as part of the wider migration management policies that seek
to optimize the benefits of labour migration and to protect the rights and interests of migrant workers.
They should also be part of the country’s overall economic development policies.

The importance of matching labour demand and supply (5 min) Slide 8

• Introduce the topic with the following elements:

- States that wish to seek new labour markets or wish to open new channels for legal migration for
their nationals can benefit from referring to the general techniques of labour marketing.

- Highlight the following terminological issues:

o The use of the term “marketing” in the context of labour migration can evoke criticism as it is
usually reserved for goods and products.

o Promotion of labour market tools come from the private sector. In the context of labour migration
they are to be applied to support policies that support the public interest and the protection of
migrant workers’ rights and needs.

• Present the definition of labour marketing by breaking it down into its component parts:

- Labour Marketing is the management process responsible for identifying, anticipating, and satisfying
customer requirements profitably.

o “Identifying” the market of a labour service, the first critical step in labour marketing.

o “Anticipating” future needs, the step that allows one to remain competitive in the labour
market.

o “Satisfying” employers, desire for labour service providers that will meet their requirements.

- In the context of labour migration management, this refers to the following elements:

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o Labour offer: the potential migrant workers.

o Labour demand: demand of migrant workers by the employers on the international labour
market.

o The objective is therefore to match the labour demand and the offer; the tools and methods of
promoting labour force are useful for meeting this objective.

o The use of the term “profitability” can be used in order to refer to the whole migration process,
where the country of origin, country of destination, and migrant workers all benefit from labour
migration.

• Outline the competitive context of promotion of foreign employment:

• Countries intending to deploy their nationals abroad need to search for opportunities in the international
labour market. The international labour market, as a result of the lack of international norms and standards
regarding admission of foreigners on a considered state’s territory, is highly complex and competitive
(recall Module B: International legal framework for protection of migrant workers).

• Highlight the importance of private recruitment agencies in many countries. It is important to take private
recruitment agencies into account and to involve them in the development and implementation of a
labour market strategy.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 63-71

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 257-278

Abella, M. I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries,
ILO, 1997, pp. 13-22; 49-61

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Session 3: Group activity: Vasaria’s new labour migration

programme

Suggested duration 40 min total

5 min Presentation of the Group activity

15 min Preparation

20 min Feedback from the groups

Methodology Group activity

You will need Flip chart, pen, Module E slides

Participants will need Participant worksheet for group activity

Group activity Slides 9-10

Duration: 40 min

• Aim of the activity:

- To enable participants to reflect on the different stages and methods of promoting foreign
employment.

• Present the activity (5 min):

- Introduce activity by dividing the participants into three groups.

- Distribute worksheets to each participant.

- Ask all three groups to read the full case study.

- Ask each group to consider one phase of the case study (group 1-phase 1; group 2-phase 2;
group 3-phase 3) and to prepare answers to the following questions:

o Was anything done well? Why?

o What could be improved, and how, in order to develop an efficient promotion programme at
this stage of the programme?

- Explain that participants have 15 minutes to prepare the exercise.

- Explain that each group will designate a spokesperson who will give feedback on the exercise
for a maximum of five minutes.

- Depending on time, open a general discussion, for instance on the application of the case study
to the context of country where the training takes place.

• Feedbacks from groups (20 min):

- Ask each group to briefly present their responses to the phase that they have discussed,
ensuring that each phase is covered.

- Open general discussion, for instance on the application of the case study in the context of
country where the training takes place.

- Collect answers from participants; do not give answers, but summarize answers given by
participants. Record answers on a flip chart. Answers to the case study form part of Session 4.
Use collected answers from participants as prompts for Session 4.

- State that learning from this activity will be complemented in the next Session.

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Module E, Session 3: Group activity: Vasaria’s new labour migration

programme

ANNEX

Participant worksheet

Case Study: Vasaria’s new labour migration programme

Background

Vasaria is a small, middle-income country that has experienced significant emigration flows for about 30
years. Most Vasarians who migrate are low-skilled, and move to neighbouring countries in the Karovia
region. The government of Vasaria wishes to minimize this dependency towards Karovian countries and
aims to diversify the countries of destination of its workforce. Despite its culture of migration, Vasaria has
never promoted foreign employment for its workforce. To date the migration phenomenon has not really
been managed by the public authorities, the government having simply provided consular and diplomatic
protection.

Phase I: New management of labour migration

Vasaria has now decided to develop a wide-ranging promotion programme. The responsibility for the
conception and implementation of this programme lies with the Ministry of Labour. The Ministry of Labour
has recently decided that the first step to facilitate the country’s new policy direction is the identification
of potential new countries of destination for Vasaria’s national workforce. The Ministry of Labour has
recently gathered information on 15 pre-selected countries, including gross domestic product (GDP),
per-capita income, growth rate, population, employment rate, number of nationals/migrant workers
employed in different economic sectors, existence of avenues for legal labour immigration, etc. Most
information has been directly collected by the services of the Ministry of Labour with the occasional help
of the diplomatic missions of Vasaria in the countries under consideration. In addition, several fact-finding
missions composed of officials from the Ministry of Labour have been sent to selected countries with a
view to understand more precisely the nature of demand for foreign workers. As a result of this market
research, five countries have been selected as targets for Vasaria’s labour market strategy.

Phase II: Skills promotion to selected destination countries

The following stage of the programme has been dedicated to selecting the skills that Vasaria will promote
in the selected potential countries of destination. Unfortunately, the Ministry of Labour has acknowledged
the lack of reliable data regarding Vasaria’s domestic labour market, including labour shortage and
surplus in the different economic sectors. A working group composed of Ministry of Labour officials and
representatives of the private sector has been set up to discuss and decide on what skills to promote
abroad. Given the lack of reliable data, the propositions made by the working group have not been based
on sound evidence. However, as the Ministry of Labour wishes to implement the promotion programme
as soon as possible, the decision has been made to focus promotion on three sectors where most of the
selected countries of destination are experiencing labour shortages: construction, hotel and catering, and
health care.

Phase III: preparing the ground for bilateral agreements

After the working group identifies potential countries of destination and the skills needed, the Ministry
of Labour sends new missions composed of high-level officials to the selected countries of destination.
These missions meet with officials of corporations and government officials with a view to preparing the
groundwork for the hiring of Vasarian workers and to pave the way for the conclusion of bilateral labour

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agreements. While several companies and employers’ associations expressed interest in the Vasaria
project, no employer has yet committed to a labour recruitment agreement. Some employers have
stated that they already have foreign recruitment arrangements, often under the framework of bilateral
labour agreements, and in a few countries concerns were raised regarding the lack of cultural affinity
between Vasaria and the country of destination. Some employers appeared reluctant to engage Vasarian
workers as they had no prior experience with nationals of this country. In most cases, governments were
interested in developing bilateral agreements with Vasaria but expressed the need for more detailed
information before any negotiations could be launched.

After this second, high-level round of missions to potential countries of destination, the Ministry of Labour
has decided to concentrate their efforts on promoting Vasarian workers in each of the selected countries.
At this stage, an intensive cooperation with Vasaria’s diplomatic representations abroad appears to be
critical. However, due to lack of personnel and resources and due to their focus on other priorities, most
of Vasaria’s embassies that have been contacted are not able to fully cooperate with the Ministry of
Labour.

Questions:

Consider each phase of the programme development. In your group, discuss and write down your views
on the following questions:

- What was done well, and why?

- In order to develop an efficient promotion programme, what could be improved and how?

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Session 4: The market development process

Suggested duration 40 min total

5 min Introduce the topic

5 min Assessment of the national labour market

10 min Target market identification

5 min Human resource development

10 min Promotion activities

5 min Expected results of labour market strategy and Summary

Methodology Presentation
You will need Flip chart, pen, Module E slides
Participants will need Copy of slides; Chart “The successive phases of market development”

Introduce the topic (5 min) Slides 11-15

Trainer note

The purpose of this session is to complete learning from the Session 3 Case Study in order to present
the different phases and main components of a labour market strategy.

• Recall the principal objective of a labour market strategy: to open new channels for legal labour migration
and to consolidate existing channels.

In the context of the international labour market, this means reaching a match
Slide 12
between labour demand and labour supply

- From the viewpoint of the potential employer (the labour demand), a match signifies that the
educational qualifications and experience demanded by the foreign employer match those of workers
from the country of origin.

- From the viewpoint of the country of origin, the match also implies that the demand for foreign labour
meets the objectives of the labour strategy in terms of public interest and of protection of migrant
workers’ rights and interests.

- Therefore, in order to create the conditions of such a match between the demand and the supply, it
is mandatory to have a good understanding of both demand and supply.

Outline the successive phases of the market development process and distribute
Slide 13
corresponding chart to the participants

- Assessment of the national labour market (supply capacity) and identification of the target market
(demand);

- Entry in the labour market of the destination country (promotion activities);

- Programme implementation (attainment of job contracts and recruitment agreements);

- Expansion of the country of origin’s market share;

- Market share maintenance.

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Indicate that the presentation will focus on the first stages of the market
Slide 14
development process

- Assessment of the national labour market;

- Target market identification;

- Human resource development;

- Promotion activities.

Highlight that the following priorities should guide the process of promotion of
Slide 15
foreign employment

- Using a global view to guide the development of labour market strategy and to organize a solid
institutional framework in order to manage the programme.

o In the Case Study, both elements are lacking.

o When Vasaria’s authorities decide to implement promotion activities in the selected target
countries, no authority is able to do so.

o Vasaria’s authorities start the promotion programme with the identification of potential new
countries of destination for its national labour force. At this point, no assessment of the country’s
own labour market has been conducted, and we will discover that no reliable data exist on the
national labour market, its shortages and supplies.

o The pre-eminence given to the Ministry of Labour is a sound decision (labour migration is
primarily an employment issue) but from the beginning it is necessary to associate other actors
like, for example, the Ministry of Foreign Affairs, the Ministry of Education, and other relevant
ministries, depending on the institutional organization of the considered country.

o It is also important to associate the private sector (recruitment agencies, employer representatives,
etc.) to the development and implementation of the programme.

- Foreign employment policies and strategies must be set in the context of national development
planning.

- Foreign employment policies and strategies must be rights-based.

Assessment of the national labour market (5 min) Slide 16

• Outline the following elements:

- Assessing the domestic labour market is critical.

- In order to select the occupations that will be promoted in countries of destination, it is necessary to
identify the sectors of activity where labour supply is abundant and sectors where labour is in short
supply.

- This is the purpose of the analysis of Strengths, Weaknesses, Opportunities and Threats, more
commonly known as a SWOT analysis.

• Outline the following conclusions from the Case Study:

- What appears to be a priority for Vasaria is the development of a system to collect data on the
national labour market.

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o The organization of such a data collection system will be a long process.

o Therefore, the goal of the Ministry of Labour to implement the promotion programme as soon
as possible is unattainable.

- Regarding the choice of skills to promote abroad, the question of brain drain is of importance:

o Naturally, the purpose of labour market strategies must not be to promote foreign employment
of national workers who are in short supply and are employed in sectors that are vital for the
State (e.g. most commonly cited is the health sector).

o Such could be the case of health professionals in the Vasaria Case Study.

o Indicate that the issue of highly-skilled migration will be further developed in Session 5 of the
module.

Target market identification (10 min) Slides 17-19

• Highlight the fact that:

Target market identification is the result of market research. This type of research is demand- rather than
supply-oriented.

• Make reference to the Case Study:

- In the Case Study, the market research is well-organized.

- Nevertheless, it may have been done too early, as it was not preceded or accompanied by an
analysis of the national labour market and a selection of potential skills to send abroad. This analysis
should take into account sectors with shortages.

• How to select potential countries of employment?

- The importance of geographical segmentation (i.e. of diversifying destination countries):

o Seeking new destinations can be linked to a perception of a lack of respect for migrants’ rights
in the traditional countries of destination.

o More generally, geographical segmentation can reduce consequences of possible changes in

immigration policies or changes in economic situation in countries of destination.

o Nevertheless, as migration is the product of historical linkages and previous political or

economical ties, diversification of countries of employment is not easy, and initial penetration of
foreign markets may lead to competition among countries of origin.

- Summarize the types of data on potential demand for migrant workers that need to be collected:

o Assessment of the general political and economic trends, including Gross Domestic Product
(GDP), growth rate, population and its breakdown by demographic profile, literacy rate and
graduates in schools, employment/unemployment rate, per capita income, export figures.

o After this, the assessment of the demand for skills can be broken down for each economic
sector, such as agriculture, manufacturing, construction, healthcare, service (domestic help),
education, professionals (office workers, managers, accountants), etc.

o Each of these sectors generates specific valuable data that determine trends such as volume of
production (when necessary), number of companies (or households being served), number of
nationals/migrant workers employed in the sector.

- Highlight the importance of collecting the following elements of information:

o Existence of avenues for legal labour migration:

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· E
 xistence of demand in sectors of the economy where experience gained from employment
abroad could benefit to the sending country;

· E
 xistence of labour markets open to both sexes or, on the contrary, gender-segregated labour
markets (e.g. construction).

o Degree of protection of labour rights, level of salaries, wages, social benefits.

- Insist on the importance of cultural, ethnic and language affinity:

o Generally destination countries have nationality preferences arising from cultural affinity or long
historical ties.

o In absence of such relations, aggressive promotion campaigning might be required.

o The issue is raised in the Vasaria Case Study.

- Outline the following means of data collection:

o Basic information on possible countries of destination is easy to collect:

· For instance, general information on political and economic situation;

· Immigration laws and regulations;

· Occupational definitions and nomenclature;

· Unemployment data by occupation;

· Etc.

o Such information should also be disaggregated (e.g. by gender).

o Fact-finding missions in selected countries as well as activities of the sending country’s

diplomatic missions, including reports from labour attachés, can provide more specific data and
analysis.

Human resource development (5 min) Slide 20

• Make reference to the Case Study:

- This aspect is not included in the Vasaria Case Study.

- Human resource development supposes a sound analysis and understanding of the national labour
market, which is not the case in the information presented about Vasaria.

• Outline the following elements:

- When there is a discrepancy between the demand for foreign labour and the supply, countries of
origin may adopt policies in order to help their migrants acquire the skills that are in demand abroad
and that promise the highest returns.

- At the same time, training skilled workers for emigration is a costly investment which does not
immediately result in a more qualified national labour force.

- There is a need to mainstream human resource development planning in order to balance efforts
aimed at matching labour demand with supply with efforts aimed at mitigating the country’s loss of
skilled workers.

Promotion activities (10 min) Slide 21

• Present the objective at this stage of the process:

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To raise foreign employers’ awareness of workers from the considered country by highlighting their
qualities, availability and competitiveness.

• Make reference to the Case Study:

- In the Case Study, some activities are implemented, but no in-depth promotion is undertaken, due
to the diplomatic missions’ lack of resources.

- This helps illustrate the costly nature of promotion activities and the need for solid organization.

- The Case Study also shows that supplementary role of the diplomatic missions is of utmost
importance.

- In the Case Study, the State might consider giving additional resources to the diplomatic mission in
order to implement promotion activities. This can be done through the sending of labour attachés to
the considered countries.

• Present examples of promotion activities:

- Marketing missions:

o Top Level Goodwill and Promotions Missions:

· Actors: government officials that can be accompanied by representatives from private

sectors.

· T
 arget: meet government officials and representatives of private corporations in countries
of destination in order to develop mutual knowledge and cooperation in the field of labour
migration.

o Field visits/client calls:

· Actors: Labour attaché (if appointed) or other diplomatic officials.

· A
 im: visit prospective clients; make recommendations to diplomatic mission and ministerial
services.

- Print promotions:

o Can take the form of advertisements, support communication materials, or direct-mail

campaigns;

o Advertisements: to develop the image of workers of the considered country as a preferred

choice;

o Brochures, flyers, reports, etc.: to disseminate information on the foreign employment

programme;

o Direct mail campaign: a cost-effective choice.

Expected results of labour market strategy Slide 22

• Market prospects;

• Host government/employer awareness, goodwill, conducive market environment;

• Initial job contracts, recruitment and bilateral labour agreements; market information;

• Stronger share and foothold (additional and/or new job orders/agreements);

• Continued host government/employer patronage.

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Summary
• Foreign employment policies and strategies must be set in the context of a national development plan.

• Foreign employment policies and strategies must be rights-based.

• Having a global view to guide the development of a marketing programme and the organization of
institutional cooperation are crucial to programme management.

• Recall the successive phases of the market development process:

- Assessment of the national labour market (supply capacity) and identification of the target market
(demand);

- Entry in the labour market of the destination country (promotion activities);

- Programme implementation (attainment of job contracts and recruitment agreements);

- Expand sending country’s market share;

- Market share maintenance.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 63-71

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 257-278

Abella, M. I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries,
ILO, 1997, pp. 13-22; 49-61

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Module E, Session 4: The market development process

ANNEX
Successive phases of the market development process
STAGE Target Market Market Market Market Share
Market Entry Stage Programme Share Maintenance
INPUT
& Supply Implementation Growth Stage
Assessment Stage
1. Research and
***** *****
planning
2. Personal
selling and
promotions
a) Marketing
*****
missions
i Technical study
or fact-finding ***** *****
mission
ii Top-Level
goodwill and
***** *****
promotions
mission
b) Field visit /
***** *****
client calls
3. Print promotions
a) Ad. programme ***** *****
b) Support
communication ***** *****
materials
c) Direct mailing *****
4. Corporate
promotions
& industry
servicing
projects
a) Familiarization
*****
Campaign
b) Greet-a-client
c) Client referral
advisory
d) Market
information
service
OUTPUT Market Host Initial job Stronger Continued host
prospects government/ contracts; share & government/
employer recruitment foothold employer
awareness, & bilateral (additional patronage
goodwill, agreements; and/or new
conducive market job offers or
environment information agreements)

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Session 5: Addressing the challenges of highly-skilled migration

Suggested duration 50 min total

15 min Introduce the topic. Highly-skilled migration: definitions and scale
of the phenomenon, and policy trends in countries of destination

5 min Consequences of the emigration of highly-skilled workers on the

development of countries of origin

15 min Group activity

15 min Policy options for addressing the challenges of highly-skilled

migration

Summary
Methodology Presentation and Group activity
You will need Flip chart, pen, Module E slides
Participants will need Copy of slides; Chart “OECD data on migration of health workers”

Trainer note

The purpose of this session is to:

- Present the nature of highly-skilled migration and its impact on labour-migration policy planning
and human resource planning;

- Present the potential positive and negative impacts of highly-skilled emigration;

- Present ways in which the negative effects of highly-skilled migration can be mitigated;

- Explore what policy measures in countries of origin can promote the retention of highly-skilled
workers and/or create incentives for their return.

At the beginning of the Session, distribute to the participants the chart entitled OECD data on migration
of health workers.

Introduce the topic. Highly-skilled migration: Slides 23-26

definitions and scale of the phenomenon, and policy trends in
countries of destination (15 min)

Definition of highly-skilled migration and related concepts Slide 24

• Defining “highly-skilled":

- There is no universal definition of a “highly-skilled” migrant.

- For a working definition, a “highly-skilled” migrant is usually distinguished by a combination of

education (usually at the tertiary level or beyond) and occupation, particularly where this occupation
relates to the high-added-value and high-productivity sectors that are essential to a country’s
development and knowledge society.

• Defining “brain drain":

- “Brain drain” is a specific form of highly-skilled migration: the permanent or long-term migration of
highly-skilled workers that has negative effects on the economic and social development of countries
of origin, as it removes workers that may be critical for the functioning of the economy and of basic

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social services that may be critical for the promotion of socio-economic development.

- Brain drain is often associated with the emigration of professionals with key skills, such as doctors,
engineers, and other professionals.

- It has been argued that brain drain is too negative a term, as it suggests that those who do remain
have lesser skills and capacities.

• Defining “brain waste":

- The concept is a variation of “brain drain.”

- It corresponds to the situation where highly-skilled migrants are employed in occupations for which
they are over-qualified.

• Defining “brain gain/circulation":

- “Brain gain” or “brain circulation” describes the social contacts and international experience that
expatriates gain when working or studying in a foreign country.

- More positive terms such as brain gain and brain circulation suggest that as migration patterns
become increasingly complex, flows are no longer unidirectional or entirely negative.

Scale of highly-skilled migration Slides 25-27

• About ten per cent of all highly-skilled persons from the developing world live in either North America or
Europe.

• Migration of health workers:

- In order to give an idea of the complexity of the migration flows of highly-skilled workers and their
consequences, it can be useful to examine the example of a specific category of highly-skilled
migrant workers, namely health workers.

o Health workers are often presented as the category of workers the most representative of the
difficulties that may arise from highly-skilled migration.

o Moreover, there is a strong correlation between the emigration of health workers and the
emigration of highly-skilled workers in general (textbox below).

Source: OECD, “Immigrant Health Workers in OECD Countries in the Broader Context of Highly Skilled Migration” in International
Migration Outlook – SOPEMI 2007, 2007

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- These statistics, published in 2007 by the OECD (data from circa 2000), regarding the number of
foreign doctors and nurses in OECD countries show a number of significant trends (chart below):

o The majority of foreign doctors are Indians, while the majority of nurses are from the
Philippines;

o An important proportion of foreign doctors and nurses come from OECD countries, such as the
UK, Germany, Canada, and to a lesser extent, Ireland and Mexico;

o Regarding nurses, a number of OECD countries are on top of the list, as well as some Caribbean
countries such as Jamaica and Haiti;

o Regarding doctors, the chart is dominated by non-OECD countries, such as India, China, the
ex-USSR countries, and the Philippines;

o The almost complete absence of sub-Saharan African countries in the “top 25” is notable (with
the exception of Nigeria and South Africa).

Foreign-born doctors and nurses in the OECD by main countries of origin (top 25), Circa 2000

Source: OECD, “Immigrant Health Workers in OECD Countries in the Broader Context of Highly Skilled Migration” in International
Migration Outlook – SOPEMI 2007, 2007

- However, when considering the number of doctors working abroad by comparison to the proportion
of doctors in the country of origin, the picture is significantly different (chart below).

o Sub-Saharan African countries and Caribbean countries are particularly affected, with emigration
rates that often exceed 50%.

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Emigration rate and density of doctors by origin country, Circa 2000

Source: OECD, “Immigrant Health Workers in OECD Countries in the Broader Context of Highly Skilled Migration” in International
Migration Outlook – SOPEMI 2007, 2007

- This brief overview of the migration flows of health workers already suggests the diversity that can
exist with regards to the impact of highly-skilled workers on the development of countries of origin.

Policy trends in countries of destination Slide 28

• Countries of destination are increasingly entering into competition to attract students from abroad with a
view towards enabling them to work in the country of destination after they complete their studies.

• Indicate that these aspects will be developed in some detail in Module H: Designing labour admission
policies.

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Consequences of the emigration of highly-skilled workers on the development of

Slide 29
countries of origin (5 min)

• The migration of highly-skilled workers has potential positive and negative consequences, as shown in a
simplified way in the table below:

Positive effects Negative effects

- Availability to emigrant workers of opportunities - Net decrease in human capital stock, especially
that are not available at home those with valuable professional experience

- Inflow of remittances - Loss of heavy investments in subsidized

education
- Technology transfers and investments
- Reduced quality of essential health and
- Integration into global markets
education services

- Tax revenue declines

Adapted from Wickramasekara, P., Policy responses to skilled migration: retention, return and circulation,
ILO, 2002

• Additional considerations:

- A certain degree of highly-skilled emigration, arguably, is required for countries of origin to benefit
from the links to the global economy.

- The emigration of highly-skilled workers should be considered in relation to the skills that remain in
the country of origin.

o Even when a country experiences very high emigration rates of its highly-skilled workers,
the adverse impact is limited when the proportion of highly-skilled workers at home remains
reasonable. Such is the case, with regards to medical doctors, in Cuba and other Caribbean
states.

o Similarly, if Chinese, Indian, and Pakistani doctors are over-represented among foreign doctors
in countries of destination (in terms of absolute numbers), the population size of these countries
of origin means that emigration rates remain low (1% for China) or relatively low (India and
Pakistan, 8%).

- Another essential element: who pays for education?

o This has consequences in terms of potential loss of investment in education for countries of
origin. It also raises ethical concerns when poor countries of origin bear the costs of education,
while richer, more developed countries of destination reap the benefits.

o Regarding funding for medical studies, the private sector plays an important role in a number
of countries. Such is the case, for example, in the Philippines and India. On the other hand, in
a number of lower-income countries, including most sub-Saharan African countries, medical
education is strictly public.

• While the consequences of highly-skilled emigration can be potentially positive or negative, a number of
policies can be adopted in order to enhance the positive and mitigate the negative impacts. Most of the
time, coordination between countries of origin and of destination is required in order to meet this end.

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Group activity Slide 30

Duration: 15 min

• Aim of the activity:

- Enable participants to reflect on policy approaches that will mitigate the potential negative
effects of highly-skilled emigration.

• Present the activity (5 min):

- Introduce the activity by asking participants to start by working individually.

- Take the example of a country that is facing considerable long-term and permanent emigration
of its highly-skilled nationals.

- Ask everyone to write down three potential policy options, noting briefly the possible
advantages and disadvantages of these options.

- Explain that participants have five minutes to prepare the exercise on their own.

- Explain that selected individuals will be asked to explain briefly the policy options that they have
chosen.

• Feedback from participants (10 min):

- Open up the floor for participants to present their responses briefly.

- Open a general discussion about what the most feasible policy options are.

- Ensure that the following policy options (below) have been discussed and that the relative pros
and cons have been evaluated.

• Guide a discussion to ensure that the elements developed below are covered.

Policy options for addressing the challenges of highly-skilled migration (15 min) Slides 31-33

• An ideal solution: rapid economic and social growth in countries of origin:

- Rapid economic growth in the countries of origin reduces the income gap between origin and
destination countries and thus reduces the push/pull factors.

- Moreover, since it is often broad quality-of-life issues and working conditions that promote
dissatisfaction and emigration, it is important to identify these elements of dissatisfaction (such
as internal brain waste, workplace empowerment, housing conditions and so on) and develop
comprehensive human resources strategies to address them.

• Return and circulation of highly-skilled workers:

- The benefits of return for the country of origin’s economy and for the migrants themselves depend
on the return conditions: the migrants’ intentions for returning (as a result of failure abroad, with the
intention to retire or innovate, etc.) and the timing of return (return after a reasonable period of time,
return after a brief spell abroad), etc.

- It is important to develop incentives for return:

o Such incentives will vary depending on the sector to which people are returning. Incentives
such as facilitated investment opportunities may be more appropriate for people returning to do
business rather than practice medicine.

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o There is no single model; however, policies should in general aim to enable migrants to
undertake their own projects upon return in a way that is as much as possible in line with
national development goals.

o Present the example of the Health Professions Council of South Africa (HPCSA) amnesty for
health-professional returnees (textbox below).

An example of incentive for return: the Health Professions Council of South Africa (HPCSA)
amnesty for health professional returnees

In 2007, South Africa’s medical diaspora included more than 1,500 physicians practicing in Canada and
thousands more who had migrated to the UK, Australia, New Zealand and the United States.

At the same time, South Africa was (and is still) facing a staffing crisis with regards to public health
services.

In order to counter a major disincentive that was discouraging emigrated medical doctors from returning
to South Africa, the Health Professions Council of South Africa (HPCSA) agreed to a waiver of penalties
for those practitioners who had failed to pay their annual registration fees. The amnesty period started on
February 1, 2007 and expired on April 30, 2007.

In order to benefit from this amnesty, doctors had to meet several conditions, including the requirement
that they perform 100 hours of community service within six months of return at a public sector facility.

During these three months, 59 physicians returned to South Africa.

- The development of mechanisms to increase circulation of highly-skilled migrants can enable

migrants to travel abroad to develop their human and financial capital and to participate in the
transfer of technology and competences.

o This aspect will be covered in greater details in Module F: Enhancing migrant workers’ contribution
to the development of countries of origin, but at this stage an example can be presented: the
MIDA Ghana Health Project (textbox below).

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The MIDA Ghana Health Project

Making a contribution to the health sector in Ghana
In January 2005 the International Organization for Migration (IOM) started the MIDA Ghana Health Project
in cooperation with the Ghanaian Ministry of Health and the Dutch embassy in Accra. The objective of the
project is to contribute to the development of the health sector in Ghana.
This objective is realized in two ways. On the one hand, Ghanaian and other African migrants living and
working in the Netherlands and other EU countries can transfer knowledge, skills and experience through
temporary assignments in Ghana. On the other hand, health workers from Ghana have the opportunity to
do specialized training at health care institutions in the Netherlands.
How does the project work?
Based on the specific human resource needs and requests that health training institutions and hospitals
in Ghana communicate to IOM, members of the diaspora can carry out one-time or repeated missions to
Ghana or transfer knowledge virtually. On average, the assignments last between two weeks and three
months.
Health facilities in Ghana identify candidates to be sent to the Netherlands for further training. These
internships can last between two weeks and three months.
What does IOM offer?
IOM offers financial support to the professionals who are temporarily assigned in Ghana and to the health
workers from Ghana sent to the Netherlands or other EU countries for training.
Besides financial support, IOM also provides assistance in organizing the assignments and internships.
IOM’s services include assistance with travel, lodging, insurance and all other practical matters; supervision
and monitoring during assignments; and traineeships.
A concrete example: Dr. Kwasi Boahene’s assignment in Ghana
Dr. Kwasi Boahene, a Ghanaian Public Health Expert based in the Netherlands, conducted a four-week
assignment in Accra with the Centre for Popular Education and Human Rights, Ghana (CEPEHRG) from
July 13 to August 5, 2009.
CEPEHRG is a health education and human rights advocacy NGO. Its mission is to provide HIV/AIDS and
human rights education to young people and to marginalized people with the aim of informing, educating,
counseling and supporting people in matters relating to law, health and socio-economic well-being.
During the four week period, Kwasi accomplished the following:
- Provided training on the fundamentals of organizational management to nine staff members of the
CEPEHRG;
- Offered training on research skills and methodology to managers, volunteers, and peer educators
of the NGO;
- Conducted training on strategic planning to the management of the organization;
- Helped the trainees to develop an effective organizational structure and a strategic plan for the NGO;
- Assisted the group in conducting effective field work.

• Replenishing skills:

- A number of schemes can be developed in order for countries of destination to participate in

replenishing skills in countries of origin.

- Possible schemes include building relationships between academic institutions in countries of origin
and destination, organizing staff exchanges, and providing educational support (textbox below).

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Examples of skill-replenishment activities

In Egypt, the UK Department of Health established a programme to improve medical services for geriatric
care, pathology and mental health. It also established a fellowship programme for Egyptian doctors to
travel to the UK for additional experience.

In the Caribbean, Health Canada projects were set up independently of migration concerns and as part
of technical cooperation with PAHO/WHO. The projects include the exchange of expertise and fostering
of connections between Canadian and foreign educational establishments; for example, collaboration
between the universities of Ottawa and the West Indies has led to the establishment of a nurses’ training
curriculum in Canada.

In South Africa, the UK-South Africa Memorandum of Understanding on the Reciprocal Exchange of
Health Concepts and Personnel contributes to skill replenishment.

- In 2003, the United Kingdom Department of Health and the South African Department of Health
entered into a Memorandum of Understanding on the Reciprocal Exchange of Health Concepts
and Personnel.

- The UK-SA MOU is designed to more effectively manage health-worker migration by creating
opportunities for health professionals from both countries to undertake short-term placements.
These placements are intended to foster knowledge exchange and the transfer of skills and
technology by supporting collaboration between the countries’ health systems and personnel.

- South African health workers are placed within the UK NHS and clinicians and health
professionals from the U.K. find placement in rural South African health facilities.

- Since the inception of the MOU, the recruitment of health personnel from South Africa has
decreased and there has been a significant drop in the number of South African nurses
registering to work in the UK.

Adapted from Naik, A., Koehler, J., Laczko, F., Migration and development: achieving policy coherence,
IOM, 2008.

• Financing higher education:

Outline the following points:

- Programmes offering student loans, rather than outright grants to students, offer the potential to
recoup training costs.

- Such loan programmes could be combined with debt forgiveness for those undertaking predefined
tasks at home, such as healthcare work, teaching in rural areas, or public service more generally.

- It is important that the design of any such programmes does not have the effect of discouraging
children from lower-income families from continuing their studies.

• Ethical recruitment codes:

- Ethical recruitment codes have been adopted or considered primarily in the health sector.

- For example, in 2001, the UK adopted a Code of Practice on International Recruitment of Healthcare
Professionals that restricts active recruitment by the NHS (the health public service) in developing
countries, unless a bilateral agreement determines otherwise.

- For another example, in 2003, the Commonwealth Meeting of Health Ministers endorsed a code of
practice and an associated companion guide.

o Not all destination countries were willing to sign this code, despite their agreement with some
of its principles.

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o Neither the UK nor Canada has signed this code, owing to a lack of support for certain provisions,
such as compensation to countries of origin, right to migration as an individual choice, possible
discriminatory effects against certain categories of professionals, and similar concerns.

- To date, the efficiency of such codes has generally not been seen as satisfactory.

o Agreements between the considered states are often hard to reach and the implementation of
such codes is difficult.

o In practice, while active recruitment may have been discouraged by such codes, these codes
have not succeeded in reducing migration flows from the countries of concern.

• More generally, potential policies aiming at reducing the negative impacts of highly-skilled migration
often have to face divergent interests from the stakeholders:

- Countries of destination usually focus on the needs of their national labour market;

- Countries of origin can be ambivalent towards highly-skilled migration: in the hope of positive returns
like remittances, they may not be willing to discourage the emigration of their skilled nationals;

- The interests of the migrants themselves may not be compatible with a number of policy measures
that, in one way or another, restrict the emigration of highly-skilled workers.

Summary
• The migration of highly-skilled workers has both positive and negative potential consequences. The
effects of this migration depend on a number of factors, including:

- The type of highly-skilled migrants: impact is potentially negative when it touches vital sectors of the
countries of origin, such as health and education;

- Emigration rates and the proportion of highly-skilled workers that remain in the country of origin;

- The type of policies that are adopted.

• Policy options for addressing the challenges of highly-skilled migration may include:

- Policies aimed at return and circulation of highly-skilled workers;

- Policies aimed at replenishing skills;

- Modes of financing higher education;

- Ethical recruitment codes.

• Cooperation between countries of origin and countries of destination is vital to the success of policies
addressing the challenges of highly-skilled migration.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 63-71
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 51-76; pp. 327-353
Abella, M. I., Sending workers abroad: A manual on policies and procedures of special interest to middle and low income countries,
ILO, 1997, pp. 13-22; 49-61
Naik, A., Koehler, J., Laczko, F., Migration and development: achieving policy coherence, IOM, 2008
Source: OECD, “Immigrant Health Workers in OECD Countries in the Broader Context of Highly Skilled Migration” in International
Migration Outlook – SOPEMI 2007, 2007
Sriskandarajah, D., Reassessing the Impacts of Brain Drain on Developing Countries, Migration Policy Institute, 2005
Available at: http://www.migrationinformation.org/Feature/display.cfm?ID=324
Wickramasekara, P., Policy responses to skilled migration: retention, return and circulation, ILO, 2002
Available at: http://www.ilo.org/public/english/protection/migrant/download/pom/pom5e.pdf

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Power Point Module E:

Developing labour market strategies, including addressing the challenges of highly skilled migration

SLIDE 1 SLIDE 2

Module E: Developing labour

market strategies, including
addressing the challenges of Session I
highly skilled migration Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

By the end of this Module you will:

Module Aim

To present the main goals and
components of labour market strategies

Have a clear understanding of the importance of labour

To present the use of labour market
market strategies, their context, components, and the
promotion tools in the context of labour
migration management challenges of their implementation

To present the nature of highly-skilled
migration and its impact on labour
Be familiar with the challenges of highly skilled-migration
migration policy planning and human
resource planning
and the ways to address them

To explore how policy measures in
countries of origin can mitigate the
negative effects of highly-skilled migration

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SLIDE 5 SLIDE 6

Session 2: Developing promotion strategies: the context

Group activity

Session II
Developing promotion
strategies: the context
Should countries of origin promote foreign
employment?

SLIDE 7 SLIDE 8

Session 2: Developing promotion strategies: the context Session 2: Developing promotion strategies: the context

Objectives of labour market strategies The importance of matching labour

demand and supply

The first/best option: to create employment opportunities at
Labour matching is the management process responsible
home for identifying, anticipating, and satisfying customer
requirements profitably

To recognize the existence of emigration flows and the need
to develop corresponding management policies

In the context of labour migration management:

To open new channels for legal labour migration in order to:  Labour offer: the potential migrant workers
 Labour demand: demand of migrant workers by the employers on
 Relieve unemployment the international labour market
 Generate foreign exchange remittances  The objective is to organize the conditions of a match between the
 Acquire/transfer new skills abroad demand and the offer

To protect migrant workers’ rights and interests
A highly competitive international labour market

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SLIDE 9 SLIDE 10

Session 3: Group activity

Group activity

Session III
Group activity
Vasaria’s new labour migration programme

Reflect on the different stages and methods of promoting foreign

employment in a concrete case

SLIDE 11 SLIDE 12

Session 4: The market development process

Match between demand and supply

A market is viable when there is a match between the

demand and the supply
Session IV  Viewpoint of the potential employer: a match signifies that
qualifications and experience demanded by the foreign employer
The market development match those of the workers from the country of origin
 Viewpoint of the country of origin: the match also implies that the
process demand for foreign labour meets the objectives of the labour strategy

Before creating matching conditions between demand and

supply, a good understanding of both demand and supply is
necessary

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SLIDE 13 SLIDE 14

Session 4: The market development process Session 4: The market development process

Successive phases of the market Initial phases of the market

development process development process

Entry in the Programme

Assessment Expansion
of supply
labour implementa- Assessment
of sending Market
economy of tion of the Human Promotion
capacity
the (contracts/
country’
country’s share Target market
and of the market maintenance national resource activities
destination recruitment share
identification
target agreements) labour development
country
market
market

SLIDE 15 SLIDE 16

Session 4: The market development process Session 4: The market development process

Initial stage of labour market strategy: Assessment of national labour market

Conducting a SWOT analysis
priorities (Strengths, Weaknesses, Opportunities and Threats)
Strengths Weaknesses
e.g:
e.g: e.g:
e.g:

To let a global view guide the development of labour market
Skills
Lack of language skills
strategy
Population growth
Lack of migration experience

Reputation

To organize a solid institutional framework

Labour market strategy must be set in the context of a

national development plan Opportunities Threats
e.g:
e.g: e.g:
e.g:

Labour market strategy must be rights-based
Remittances
Brain drain

Population growth
Brain waste

Reputation
Economic crisis

Prolongs/Supports weak
economic governance & growth

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SLIDE 17 SLIDE 18

Session 4: The market development process Session 4: The market development process

Target market identification: Target market identification: data to be

generalities collected

Assessment of general political and economic trends

Target market identification is the result of market research.
This type of research is demand- rather than supply-oriented
Data can be broken down by each economic sector

Avenues for legal labour migration

The importance of geographical segmentation  Existence of demand in sectors of the economy where experience
 Human rights reasons gained from employment could benefit the sending country
 Economic reasons  Labour market and gender
 Ethical reasons

Degree of protection of labour rights, levels of salaries,
wages, and social benefits

Importance of cultural, ethnic and language affinity

SLIDE 19 SLIDE 20

Session 4: The market development process Session 4: The market development process

Target market identification: Tools for Human resource development

data collection

When there is a discrepancy between demand for foreign

A range of basic information on the countries of possible labour and supply, countries of origin may adopt policies that
destination is easy to collect help migrants to acquire the skills that are demanded abroad
 General information on political and economic situation; immigration
laws and regulations; occupational definitions and nomenclature;
unemployment data by occupation

Human resource development planning should be
 Such information should be disaggregated by gender
mainstreamed in order to balance efforts aimed at matching
labour demand and supply with efforts to mitigate the loss of

Fact-finding missions in selected countries and activities of skilled workers
the sending country’s diplomatic missions can produce more
specific data and analysis

Improving skills is costly and takes time

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SLIDE 21 SLIDE 22

Session 4: The market development process Session 4: The market development process

Promotion activities Expected results of labour market

Marketing missions
strategy
 Top Level Goodwill and Promotion Missions

Actors: government officials that can be accompanied by representatives
Market prospects
from the private sector

Target: meet government officials and representatives of private
Host government/employer awareness, goodwill, conducive
corporations in countries of destination
market environment
 Field visits/client calls

Actors: Labour attaché or other diplomatic officials

Aim: visit prospective clients; make recommendations to diplomatic

Initial job contracts; recruitment and bilateral labour
mission and ministerial services agreements; market information

Print promotions

Stronger share and foothold (additional and/or new job
 Can take the form of advertisements, support communication
materials, direct mail campaign
orders/agreements)

Corporate promotions and industry servicing projects
Continued host government/employer patronage

SLIDE 23 SLIDE 24

Session 5: the challenges of highly-skilled migration

Definitions of brain drain and related

concepts

There is no universal definition of a “highly-skilled” migrant
Session V  Usually defined by a combination of education (usually to a tertiary
level or beyond) and occupation, particularly where this occupation
Addressing the challenges of relates to the high-added-value and high-productivity sectors that are
essential to socio-economic development

highly-skilled migration
Brain drain is a specific form of highly-skilled migration:

 the permanent or long term migration of high skilled workers that has
negative effects on the economic and social development of
countries of origin

Brain waste
 the situation where highly-skilled migrants are employed in
occupations for which they are over-qualified

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SLIDE 25 SLIDE 26

Session 5: the challenges of highly-skilled migration Session 5: the challenges of highly-skilled migration

Scale of highly-skilled migration

Scale of highly-skilled migration

About 10 per cent of all highly skilled persons from the The example of
developing world live in either North America or Europe health workers

The example of health workers Foreign-born doctors

and nurses in the
 Absolute numbers of foreign doctors and nurses in OECD countries OECD by main

Majority of Indian doctors and Philippine nurses countries of origin (top

Importance of intra-OECD migrations 25), Circa 2000

Quasi-absence of sub-Saharan Africa in the top 25
 Proportion of doctors working abroad by comparison to the
proportion of doctors in the country of origin

Sub-Saharan African countries and Caribbean countries are particularly
affected, with emigration rates that often exceed 50%

SLIDE 27 SLIDE 28

Session 5: the challenges of highly-skilled migration Session 5: the challenges of highly-skilled migration

Scale of highly-skilled migration General trends in countries of

The example of health workers
Emigration rate and density of doctors by origin country, Circa 2000
destination

Generalisation of destination countries’ policies designed to

attract highly skilled migrants

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SLIDE 29 SLIDE 30

Session 5: the challenges of highly-skilled migration Session 5: the challenges of highly-skilled migration

Consequences of highly-skilled workers’

emigration on countries of origin Group activity
Potentially positive effects Potentially negative effects

Opportunities for workers that
Net decrease in human capital
are not available at home stock, especially those with

Inflow of remittances valuable professional experience

Technology transfers and
Loss of heavy investments in
investments subsidized education

Integration into global markets
Reduced quality of essential
health and education services Reflect on policy approaches to mitigating the potential

Declines in tax revenue negative effects of highly-skilled workers’ emigration

Allows governments to maintain
status quo instead of thinking of
improving the employment
situation and conditions

SLIDE 31 SLIDE 32

Session 5: the challenges of highly-skilled migration Session 5: the challenges of highly-skilled migration

Policies options for addressing the Policy options for addressing the
challenges of highly-skilled migration challenges of highly-skilled migration

Financing higher education

An ideal solution: rapid economic and social growth in  Programmes offering student loans, rather than outright grants to
countries of origin students, offer potential to recoup training costs
 Preventing negative effects of loan programmes

Return and circulation of highly-skilled workers
 The benefits of return for the economy of the country of origin and
Ethical recruitment codes
the migrants themselves depend on the return conditions
 Primarily adopted/ considered in the health sector
 Developing incentives for return
 To date the efficiency of such codes has generally not been seen as
satisfactory

Replenishing skills
 Building relationships between academic institutions in countries of
More generally, potential policies aiming at reducing the
origin and destination, organizing staff exchanges and coordinating
educational support negative impacts of high-skilled migration often have to face
divergent interests from the stakeholders

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SLIDE 33

Thank you!

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200
Course 2
Developing labour migration policies in countries of origin

Module F
Module F
Enhancing migrant
workers’ contribution
to the development of
countries of origin

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Module F

Module F: Enhancing migrant workers’ contribution to the

development of countries of origin

Suggested total duration: 2 h

Duration Session
5 min Session 1: Introducing Module F
35 min Session 2: Remittances
45 min Session 3: Circular Migration
35 min Session 4: The role of diasporas

Aim of Module F
Module F aims to provide an overview of the nexus between labour migration and development, with attention
to remittances, circular migration, return and reintegration, as well as the potential role of diasporas.

Learning outcomes for Module F

By the end of this module, participants will:

• Understand the increasing importance of labour migration in the context of development policies in
countries of origin.

• Understand the policy measures available for harnessing the benefits of labour migration for development,
including those related to remittances, circular migration and diaspora involvement.

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Session 1: Introducing Module F

Suggested duration 5 min total
Methodology Presentation
You will need Flip chart, pen, Module F slides
Participants will need Copy of slides

Introduce the topic Slides 1-5

Present aims and outcomes for Module F Slides 3-4

• Module F aims to provide an overview of the nexus between labour migration and development, with
attention to remittances, circular migration, return and reintegration, as well as the potential role of
diasporas.

• Learning outcomes:

- Understand the increasing importance of labour migration in the context of development policies in
countries of origin.

- Understand the available policy measures to harness the benefits of labour migration for development,
including those related to remittances, circular migration, and diaspora involvement.

Migration and development: generalities Slide 5

• Migration has important economic, social and cultural consequences for countries of origin. Some are
positive; others are negative.

• For a couple of years, the topic of migration and development has been high on international agendas.

- For instance, at both the UN General Assembly High-Level Dialogue on International Migration and
Development (HLD), held in September 2006, and the Global Forum on Migration and Development
(GFMD), held from 2007 onwards, participants tended to agree, on the whole, that migration holds
considerable potential for economic and social development.

- At the same time, however, much ground still needs to be covered before governments, whether
at the national or international level, can reach agreement on the policy strategies for realizing the
promise of this development.

• Migration for employment is no longer perceived as a means of alleviating poverty through individuals’
pursuing earning opportunities abroad and thereby easing pressure on local labour markets, but rather
as a broader concept of labour mobility and development that identifies and builds upon the interplay
between the two.

• This module focuses mainly on the economic impacts of labour mobility and leaves aside the social and
cultural dimensions of migration and development.

For the purposes of this module, development is defined in terms of a process of fostering economic
growth. This process can take place at various levels, including regional, country, or community.

The concept of development may range from schemes increasing agricultural productivity and
manufactured exports, to schemes decreasing infant mortality rates and illiteracy. There is no universally
accepted definition of “development.”

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• The following aspects will be covered:

- Remittances;

- Circular migration, return, and reintegration;

- Role of diasporas.

Resources for facilitator preparation

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 327-353
Naik, A., Koehler, J., Laczko, F., Migration and development: achieving policy coherence, IOM 2008

Session 2: Remittances
Suggested duration 35 min total
5 min Introduce the topic

15 min Economic impact of remittances

15 min Mobilizing and channelling remittances for development

Summary
Methodology Presentation and Pair activity
You will need Flip chart, pen, Module F slides
Participants will need Copy of slides

Introduce the topic (5 min)

Trainer note

The objective of this session is to explore remittances, their economic impact, and productive uses of
them to benefit individuals, communities and countries of origin.

• Highlight the fact that remittances are one of the aspects of labour migration that have attracted the most
interest in terms of its development impact.

Until a few years ago, remittances were considered to have, if anything, a negative impact on development,
as they were seen as increasing dependency and encouraging consumption.

What are remittances Slides 6-7

- Migrant remittances can be broadly defined as follows:

o The monetary transfers that a migrant makes to the country of origin or, in other words, the
financial flows associated with migration.

o Most of the time, remittances are personal cash transfers from a migrant to a relative in the
country of origin.

o Remittances may also be invested, deposited or donated by the migrant to the country of
origin.

- Underline the private nature of remittances and its consequences:

o There are essentially two stakeholders: the remittance sender and the recipient.

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o In between, there are a host of actors:

· Intermediaries in the transfer process (formal intermediaries include banks, other financial
institutions, and Money Transfer Operators, while informal intermediaries might include trusted
relatives, friends, or bus companies who carry cash in person or facilitate in-kind transfers);

· G
 overnments in both receiving and sending countries responsible for policy framework,
supervision and facilitation.

o As they are private funds, remittances should not be viewed as a substitute for official
development assistance.

o More generally, the private nature of remittances has to be taken into account when developing
and implementing policies.

Economic impact of remittances (15 min) Slides 8-15

Remittances’ scale and trends Slide 8

• Remittances to developing countries reached USD 316 billion in 2009, down 6 percent from 336 billion
in 2008.

- Remittance flows to developing countries are expected to increase at 6.2 percent in 2010 and 7.1
percent in 2011.

- Remittances received by developing countries have tripled since 2002.

- The following figure illustrates remittance inflows per country groupings, based on World Bank
assessment of Gross National Income (GNI) per-capita.

Economies are divided into three main groups according to their GNI per capita: Low Income = GNI
at USD 935 or less; Middle Income = GNI between USD 936 and USD 11,455; High Income = GNI at
USD 11,456 or more. Low and Middle income countries represent all developing countries.

Global Remittance Inflows (USDmillion)

500,000

450,000

400,000 W o rld

350,000
A ll d ev elo p in g
300,000
co u ntries
250,000
M i dd l e- in co me
200,000

150,000
Lo w- in co me
100,000 co u ntries
50,000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009e 2010f 2011f
e =e s tim a te ; f=fo re c a s t

World Bank, Migration and Development brief 12, April 2010

- The majority of remittances flow from north to south, while 9 to 29% of remittances flow south to
south, i.e. from one developing country to another.

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Module F

Current trends: How does the global economic crisis affect remittances?

Estimations and predictions

According to the World Bank, remittances grew rapidly between 2006 and 2008, but have slowed down
in many corridors since the last quarter of 2008.

The latest data reported by central banks show that officially recorded remittance flows to developing
countries reached USD 316 billion in 2009, down 6 percent from a revised USD 335 billion in 2008.
Source: World Bank, Migration and Development Brief 12, 23 April 2010.

Elements of explanation

The impact of the global economic crisis on remittances is difficult to predict.

It is likely that the overall earnings of migrant workers in the most industrialized countries will decrease
as a result of the crisis because of a decrease of immigration flows and the worsening employment
situation.

Whether the share of immigrants who remit money will increase or decrease as a result of the crisis is not
clear.

- On the one hand, if migration slows down, remittances might decrease because in that case
the share of recent migrants in the overall foreign-born population will decrease, and recent
migrants are generally more likely to remit, while those established for a long time have a lower
propensity to remit.

- On the other hand, depending on the extent of the crisis in origin countries, immigrants might be
under increased pressure to provide financial resources to their extended family or communities
back home.
Source: OECD, “International Migration and the Economic Crisis: Understanding the Links and Shaping Policy Responses” in
International Migration Outlook – SOPEMI 2009, 2009

Remittances as a percentage of GDP Slides 9-11

- Remittances can represent a very relevant percentage of the national GDP and are often far greater
than Official Development Assistance (ODA) and second only to Foreign Direct Investment (FDI)
(graph below).

World Bank, Migration and Development brief 12, April 2010

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- Top recipients of migrant remittances among developing countries in 2008 (graph below):

o India, China and Mexico are the main recipients of migrant remittances among developing
countries. The top 10 recipients list also includes the Philippines, France, Bangladesh, Spain,
Germany, Nigeria and Belgium.

o In contrast, the top recipients in terms of the share of remittances in GDP include many smaller
economies such as Tajikistan, Tonga, Moldova, Lesotho, Samoa and Lebanon; in these countries,
remittances exceeded a quarter of the GDP.

Top recipients of migrant remittances among developing countries in 2008

World Bank, Migration and Development brief 12, April 2010

Remittances and income distribution in the household Slide 12

• Remittances are an important source of income for many low- and middle-income households in
developing countries.

• Remittances often contribute to improving household living conditions and to reducing vulnerability of
family members, especially women and children. Remittances therefore constitute a steady element of
poverty reduction.

• Present the example of the distribution of income for Tajikistani households receiving remittances from
Russian Federation (textbox below).

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Remittance income in Tajikistan

In 2007 Tajikistan received 1.7 billion USD in officially recorded remittances, which represented 46%
of the total Gross Domestic Product (World Bank, 2009: 23-25). The true size of remittances, including
unrecorded flows through formal and informal channels, is believed to be larger World Bank, 2008).
According to a World Bank report, 24% of all households have at least one migrant abroad and
remittances play a significant role in household consumption. In 2005, Tajikistan’s stock of emigrants
was estimated at 796,593 (12.2 % of the population; World Bank, 2008). The main destination countries
include Russian Federation, Uzbekistan, Ukraine, Israel, Kazakhstan, Kyrgyz Republic, Latvia, the United
States, Germany, and Lithuania, in order of importance.

Migration to and Remittances from the Russian Federation

A recent report commissioned by IOM Tajikistan and UNDP shows that contemporary Tajik migration
is predominantly seasonal, mainly to the Russian Federation, owing to strong historical and linguistic
relationships between Russia and Tajikistan, a visa-free regime, the relatively low cost of travel, and the
presence of large Tajik enclaves, as well as an increasing demand for labour from Russia. Along with
these migration flows, remittances are on the rise and they have become a structural feature of the
economy (IOM 2006: 13). Owing to the abolition of the 30% tax on formal transfers and competition in
the remittance transfer business, 82 per cent of the total cash remittances are transferred through formal
channels.

The use of remittances Slide 13

• Three main uses can be distinguished:

- Consumption (bills, rent, food, clothes). This is the most common use of remittances.

- Consumption/Investment in Human Capital (Education, Health Care).

- Savings/Investments.

• Women and men tend to act differently as both senders and recipients of remittances. Women tend
to remit smaller amounts but more often than men. They also tend to use remittances for household
consumption, consumer durables, housing and debt repayment.

The differences between women and men as senders and recipients of remittances must be taken into
account when developing policies.

• Present the example of Tajikistan/Russian Federation (textbox below):

How Tajikistani households use their remittances from Russian Federation

At the microeconomic level, remittances are important sources of supplementary income, as shows the
case of Khatlon Oblast (major migrant sending region), where they support an estimated 35% of the total
population. Remittances directly benefit migrants’ families by providing insurance and enhancing liquidity.
The following figure shows how crucial remittance transfers have been to receiving families in Khatlon.
Remittances are used mostly to meet current consumption needs (about 86% of all remittances were
spent by receiving households on basic necessities). Expenditures on food, clothes, and utilities are the
most important use of remittances. Housing investment is the second most important use of remittances,
followed by household durables and celebrations (weddings, sunnat tui, etc.), and spending on education
and health (IOM 2006: 128).

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Source: Mughal,A., 2006: 127.

The study also shows that the composition of demand has been changing. In 1998 consumers spent only
0.3% of their total income on construction materials; this increased to 2% by 2004. The expenditure on
household goods and furniture also increased from 0.5% in 1998 to 2% in 2004.

Moreover, contemporary Tajik migration to Russia does not seem to be associated with a significant
brain drain of Tajik professionals according to IOM’s report (see table below). Notwithstanding the pattern
in Khatlon, one should be cautious in extrapolating these results to the rest of the country. Educational
attainment may vary across regions. Khatlon, being a relatively poor region which is predominantly
agrarian, has a lower proportion of highly-educated population relative to Dushanbe and other urban
areas. The proportion of highly educated migrants from other regions may be very different.

Source: IOM (by Mughal, A.) 2006: 137.

Overall, the study concludes that despite the role remittances may play in promoting the small and
medium enterprise sector, the links between remittances and local development are at best tenuous
(IOM, by Mughla, 2006: 140).
Sources:
IOM (by Mughal, A.) 2006. Migration, Remittances and Living Standards in Tajikistan. A Report based on Kathlon Remittances and
Living Standards Measurement Survey (KLSS 2005), IOM, Tajikistan.
World Bank. 2009. Republic of Tajikistan. Poverty Assessment, November.
World Bank. 2008. Tajikistan. Migration and Remittances Factbook (accessed 31/05/2010) http://siteresources.worldbank.org/
INTPROSPECTS/Resources/334934-1199807908806/Tajikistan.pdf

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Module F

Potential negative effects of remittances Slides 14-15

• At the household level, it is generally agreed that remittances can help reduce poverty.

- Do remittances have an equalizing effect on income distribution or do they cause income inequality
to rise? There is no definitive answer, but it is thought that remittances tend to reinforce inequality
in the case of high initial inequality, but may compensate for inequality in the case of low initial
inequality.

• Economic dependence on remittances may reduce recipient families’ motivation to develop their own
income-generating activities.

• Inflation risk:

- Remittances are spent largely on consumption. When the national economy has a limited capacity
to respond to the high demand for goods that result from these inflows, this situation encourages
inflation.

- However, empirical evidence about the effects of remittances on a receiving country’s inflation is
scant and varies widely across countries.

o While it is possible to observe a positive correlation between inflation and remittances, it remains
to be seen which is causing which.

o However, the direct effect of remittances on inflation may be overshadowed by other factors
such as variations in exchange rate.

o More research is needed to find conclusive evidence as to whether remittance inflows spur
domestic inflation.

Mobilizing and channelling remittances for development (15 min) Slides 16-19

Pair activity Slides 16-19

Duration: 15 minutes

• Aim of the activity:

To enable participants to understand the range of policy options available to them for channelling
remittances for development.

• In pairs, ask participants to outline three main policy areas that they think a country of origin could
develop in order to harness the development benefits of remittances.

• Ask select pairs to present their findings.

Recall the fact that the private nature of remittances must be taken into account in any intervention in this
area.

Understanding remittances Slide 17

• Developing policy interventions to harness the potential benefits of remittances requires a sound
understanding of a number of elements, including:

- The size and nature of remittance channels and flows at the macro, community, and individual
levels;

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- The behaviour of remittance senders (patterns or use of specific channels);

- The use of remittances by recipients;

- Gender dynamics.

• Collecting data:

- Understanding remittances means collecting data.

- Remittances are typically measured using “balance of payment” data compiled by relevant statistical
authorities (typically the Central Bank or National Statistics Office).

o Balance-of-payments records cover a country’s economic transactions with the rest of the
world.

o However, this data excludes information on “informal” (e.g. hand-carried) or “in-kind” remittances,
as well as excluding most transactions made at money transfer centres.

- Household survey data can be used to collect more detailed information about migrant
remittances.

• Present the example of Migration and Remittance Surveys in Moldova:

Migration and Remittance Surveys in Moldova

Since 2005, IOM Moldova has carried out biannual Migration and Remittance Surveys to ensure that the
policymakers in Moldova have available estimates of key macroeconomic variables as well as data on
migration modalities, income distribution, and poverty.

The first survey entitled “Migration and Remittances in Moldova” (2005) was a national household survey,
which covered 3714 households.

The second survey “Patterns and Trends of Migration and Remittances in Moldova” was carried out in
2006 (and published in 2007) covered 3940 households.

Improving transfer services Slide 18

• It is generally recognized that fees for remittance services charged by global money transfer operators
are high – fees may be as high as 20 per cent of the principal.

• Access to money transfer operators or financial institutions is not always possible.

- Migrant workers do not always possess appropriate identification.

- The distance and living conditions can prevent both remittance senders and recipients from accessing
formal remittance transfer options.

- Migrants abroad may lack useful information on transfer options.

• Outline the following actions available to establish cost-effective and safe transfer services:

- Simplification of transfer procedures and extension of financial networks;

- Provision of comparative information on the relative costs of different remittance transfer services;

- Promotion of regularization of the informal transfer sector through registration and filing of returns;

- Increased access to banking service points, both in the source and recipient countries, to reduce
costs and increase efficiencies;

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Module F

- Encouragement of a larger number of banking and other financial institutions in the transfer of
remittances;

- Provision of access to services for irregular migrants;

- Work to ensure that channels are equally accessible to both men and women;

- Cooperation between governments and banks in countries of origin and countries of destination.

Incentives to stimulate the development potential of remittances Slide 19

• The most important step that governments can take to stimulate remittance flows and realize their
development potential is to create a sound legal and policy environment that promotes capital flows,
including remittances.

- Improving the overall strategies and the investment climate is critical, but is often a medium- to long-
term process for states.

- In the interim, incentives and specific opportunities for investments by migrants in their country of
origin may be helpful.

Development of a National Action Plan for Remittances in Albania

IOM in Albania has assisted the Government of Albania in the development of a Remittance Action Plan
on the basis of a provisional National Action Plan on Migration.

The National Action Plan on Remittances reflects the output of the joint work of the interagency Working
Group (led by IOM and ILO) that was established in the framework of the project, bringing together
24 different institutions, including government agencies, private banks, local development agencies
operating in the financial market in Albania, and international organizations.

The final action plan includes the following eight measures:

- Measure 1: Expand and improve remittance data collection practices, research, analysis,
policies and procedures;

- Measure 2: Expand Albanian banking services linked to remittances;

- Measure 3: Encourage Albanian and corresponding banks in migrant host countries to improve
remittance-related services to Albanians abroad;

- Measure 4: Strengthen the capacity of Albanian microfinance institutions (MFIs) to provide

remittance transfer services;

- Measure 5: Strengthen the capacity of the Albanian Post Office to provide expanded remittance
transfer services;

- Measure 6: Support regularization processes and expand legal work opportunities for Albanian
migrants in Greece and Italy to facilitate higher incomes as well as expanded access to and use
of banking institutions;

- Measure 7: Enhance migrants’ knowledge of (and access to) remittance transfer options and
savings and investment opportunities at the time of departure in their host countries and upon
return;

- Measure 8: Enhance the capacity of the Albanian Government and of Albanian migrant/ New
Diaspora organizations in host countries to collaborate on transnational development initiatives.

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• As remittances are private, policy measures should take the form of incentives rather than compulsory
remittance schemes. Moreover, it has been shown that incentive-based schemes are more successful
than compulsory ones.

• Financial products to attract remittances: Present the example of the Tres Por Uno (3 x 1) programme in
Mexico.

• Counselling and advice as part of a pre-departure orientation given to migrant workers, as well as
counselling and advice for migrant household members.

Present the example of microfinance initiatives in rural areas of Tajikistan (textbox below):

Microfinance initiatives in rural areas of Tajikistan

IOM and the Government of Tajikistan have been collaborating since 2004 on a joint initiative aimed
at enhancing the development impact of migration and remittances and assisting the reintegration of
returned labour migrants through microcredit initiatives in rural areas.

This initiative aimed at improving financial literacy among migrant workers and their families, establishing
community-based associations to facilitate the pooling of migrant remittances for local community
development projects (such as infrastructure rehabilitation), and matching migrants’ remittances with
international funds to develop small-scale businesses.

On the basis of a needs assessment undertaken by IOM, IOM organized a series of 3-5 day training
seminars in selected Jamoats. One of the courses created was a 4-day training course, “Start and
Improve your Business”, for migrant household members. Initially designed by ILO and IOM, this course
has been translated into Tajik and used in IOM business orientation courses.
Source: Mughal, A., G., Migration, Remittances, and Living Standards in Tajikistan, IOM, 2007

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Module F

Tres Por Uno (3 x 1) programme in Mexico

The origins of the 3 x 1 Programme stem back to 1993 when money sent back by Mexican migrants in
the US was complemented with money from the government of the Mexican state of Zacatecas. This
was known as the 1x1 Programme whereby the government of Zacatecas would invest a peso to match
each peso that the migrants invested.

This programme evolved to a 2x1 scheme, with the participation of the municipal governments: for each
peso the migrants invested, the State government would invest one peso and the Municipal government
another peso.

In 2002 the Federal government created the 3x1 Programme. For each peso migrants invested, the
Municipality, the State and the Federation would each invest one peso. The objective was to create
basic social infrastructure projects and to encourage people in the communities of origin to propose and
directly submit a project idea. In 2005 this programme changed its name to 3x1 Programme for Migrants:
the objective was the same, only this time the proposal had to come from an organized association or
federation of migrants abroad, mainly in the US.

From the beginning, the Programme tried to encourage the involvement of migrants in the territorial
development of the communities of origin. The existing literature on the 3 x 1 Programme concentrates
mainly on how the projects are implemented in several Mexican states. Lot of streets, drainage and
electric networks, main plazas and churches have been built in the rural communities under this
programme, practically throughout the country.

One of the best examples of how useful the programme is can be seen in Zacatecas. The municipality
of Nochistlán now has 30 migrant associations in the US, mainly in Southern California. For every two
persons residing in Mexico, there is one Mexican migrant residing in the US. These migrant associations
have made significant contributions to social and economic development in Nochistlán and the entire
surrounding region. In 2005 only, 27 infrastructure projects were achieved in the Municipality thanks to
the 3x1 Programme.
Source: Cordova, R., Migrant Money and Migrant Accountability: The 3 x 1 Program for Migrants in Tanhuato, Michoacan, Mexico,
World Bank, 2009 (forthcoming)

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Summary
• Remittances are private funds, which can be harnessed for the benefit of development.

• The main policy options include: reducing transfer costs, increasing the flow of remittances through legal
channels, and channelling remittances into productive use.

• A sound legal and policy environment promotes capital inflows, including remittances.

• Gender issues should be taken into account when developing policies on remittances, e.g. considering
to whom remittances are sent and how they are channelled.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 73-82

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 327-353

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, p. 71

Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf

Awad, I., The Global Economic Crisis and Migrant Workers: Impact and Response, ILO, 2009, pp. 31-36
Available at: http://www.ilo.org/public/english/protection/migrant/download/global_crisis.pdf

Cordova, R., Migrant Money and Migrant Accountability: The 3 x 1 Program for Migrants in Tanhuato, Michoacan, Mexico, World Bank,
2009 (forthcoming)

Mughal, A. G., Migration, Remittances, and Living Standards in Tajikistan, IOM, 2007
Available at: http://www.untj.org/files/reports/Remittances_Report_IOM_2007.pdf

Naik, A., Koehler, J., Laczko, F., Migration and development: achieving policy coherence, IOM 2008

OECD, “International Migration and the Economic Crisis: Understanding the Links and Shaping Policy Responses” in International
Migration Outlook – SOPEMI 2009, 2009, pp. 59-63

World Bank, Migration and Development Brief 12, 23 April 2010

Available at: http://siteresources.worldbank.org/INTPROSPECTS/Resources/334934-1110315015165/Migration&DevelopmentBrief10.
pdf

IOM (by Mughal, A.) 2006. Migration, Remittances and Living Standards in Tajikistan. A Report based on Kathlon Remittances and
Living Standards Measurement Survey (KLSS 2005), IOM, Tajikistan.

World Bank. 2009. Republic of Tajikistan. Poverty Assessment, November.

World Bank. 2008. Tajikistan. Migration and Remittances Factbook. Available at: http://siteresources.worldbank.org/INTPROSPECTS/
Resources/334934-1199807908806/Tajikistan.pdf

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Module F

Session 3: Circular migration, return and reintegration

Suggested duration 45 min total

Introduce the topic
10 min Putting the concept of circular migration in perspective
25 min Video activity
10 min Basic guidelines for developing successful circular migration
schemes
Summary
Methodology Presentation and Video activity
You will need Flip chart, pen, Module F slides, video
Participants will need Copy of slides

Introduce the topic Slide 20

• For a few years now, circular migration has emerged – or re-emerged – as a conceptual tool that may
be used for the development of labour migration policies beneficial to countries of origin, countries of
destination and the migrants themselves.

• As the development and implementation of circular migration policies require the involvement of countries
both of origin and destination, a cross-analysis is required.

- The present session corresponds to the first part of the analysis; it presents the point of view of
countries of origin.

- In the context of labour migration and development, the main issues relate to the return of skills and
savings, and their productive use in the country of origin. The present session will concentrate on
these issues.

- The point of view of countries of destination will be presented and discussed in Module H: Designing
Labour Admission Policies.

Putting the concept of circular migration in perspective (10 min) Slides 21-24

De facto circular migration Slide 21

• Highlight the fact that circular migration, or repeated migration, is not new.

- To the contrary, it is an old and widespread phenomenon.

- The term de facto circular migration will be used to refer to repeated migrations that take place
outside any legal framework that specifically organize them.

- Circular migration is a common phenomenon when borders are open.

• The circular character of many traditional migration flows:

- Historically, migration flows were circular in character, before states became concerned with
controlling entry into and stay on their territory.

• Free circulation of people in integrated regional systems:

- Free movement, when provided for by an international treaty, naturally leads to circular migration (for
example, the free movement of workers regime in the European Union).

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- However, it must be highlighted that the objectives of such regional systems are wider and go
beyond circular migration: circular migration is more a consequence than an objective here.

• Circular migration in the absence of effective entry/stay control of foreigners:

- Such a situation is frequent in countries of the South.

Contemporary acceptance of the concept of circular migration Slide 22

• Highlight the absence of a commonly admitted definition of circular migration.

- The notion of circular migration has not crystallized and is still evolving.

• Present the two principal definitions:

- One proposed by the European Commission in its Communication on circular migration and mobility
partnerships between the European Union and third countries (2007);

- The other by the Global Forum on Migration and Development (GFMD).

• European Commission definition:

- « A form of migration that is managed in a way allowing some degree of legal mobility back and forth
between two countries ».

• Global Forum on Migration and Development (GFMD) definition:

- « Circular Migration is the fluid movement of people between countries, including temporary or more
permanent movement which, when it occurs voluntarily and is linked to the labour needs of countries
of origin and destination, can be beneficial to all involved. »

- The advantage of the definition: it contains most of the elements of the notion of circular migration
as it has developed for a few years.

- The philosophy of circular migration: migration that is beneficial to all involved, countries of origin,
countries of destination, and the migrants themselves.

- Circular migration: a flexible concept

o There are not one but several types of circular migration.

o The definition makes reference to this variety when it says: “including temporary or more
permanent movement.”

o This is essential: circular migration is not reserved to the circulation of migrants who have a strict
temporary status in countries of destination.

o It also concerns migrants who benefit from – or who have reasonable chances to obtain – a
more solid status, a permanent status, or the nationality of the country of destination.

The promises of circular migration Slide 23

• The promises of circular migration can be summarized as follows: to create a win-win-win situation that
benefits countries of origin, countries of destination, and the migrants themselves.

- Countries of destination: promise of flexible labour.

- Countries of origin: promise of remittances and technology transfer; solution to brain drain issues.

- Migrant workers: promise of new legal labour migration channels.

• Such should be the aspiration of all circular migration programmes: migration for the benefit of all.

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Context of emergence (resurgence) of the circular migration concept Slide 24

Outline the following factors:

• Reopening labour migration channels among EU member states:

- Probably the most important factor.

- This will be further developed in Module H: Designing labour admission policies.

• The interest generated by the relations between migration and development:

- Circular migration forms part of a wider debate: migration and development.

- Circular migration is perceived as a tool for optimizing the positive effects of migration on
development.

• Preventing irregular immigration:

- In its Communication, the European Commission presents circular migration as “a credible alternative
to illegal immigration” through the opening of new channels for legal immigration.

Basic guidelines for developing successful circular migration Slides 25-27

schemes (35 min)

Video activity Slide 25

Duration: 25 min
• Aim of the activity:

To introduce participants to the development of organized circular migration schemes through

discussion of the video: Migration’s triple win scenario.
• Explain to participants that they will be watching a ten-minute video on a circular migration scheme
to be set up with Mauritius. The video shows migrants, government officials and other stakeholders
discussing the advantages of circular migration for Mauritius.

• Show the ten-minute video.

• Ask participants to briefly note which factors they believe will contribute to successful circular migration
schemes (5 min).

• Initiate discussion on what factors will contribute to successful circular migration schemes.

• Open general discussion using the following elements of guidance, or complement the discussion with
the following elements, leaving out any elements already covered in the discussion, expanding instead
on areas where outcomes of the discussion indicate a need for further information.

Circular migration: basic guidelines (10 min) Slides 26-27

• Highlight that the concept of circular migration must be conceived as an extra tool for promoting efficient
migration management policies that respect migrants’ rights.

- It should not be seen as a new global model for labour migration management.

- It should rather be seen as a tool to be used complementarily with existing labour migration
management tools and policies in order to improve their content and efficiency.

• Conditions for developing circular migration schemes that benefit the development of countries of origin

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and the interests of migrant workers:

- Circular migration must be adapted to the labour market needs of countries of destination.

o This is the first essential element, without which no viable circulation migration scheme is
conceivable.

- Circular migration must be rights-based.

- Circular migration must set a favourable context for return.

- Circulation migration must enable the acquisition and transfer of skills and knowledge.

• A selection of means and practices in order to meet the aforementioned objectives:

- Labour market analysis in countries of origin and destination:

o Elements regarding labour market analysis by countries of destination will be presented and
discussed in Module G: Assessing the need for foreign labour.

o Regarding countries of origin, it is important to highlight that the analysis may concern both the
national labour market and that of selected countries of destination.

Such elements have been developed in Module E: Developing labour market strategies, including
addressing the challenges of highly skilled migration.

- As a general remark, it must be emphasized that the best approach to promoting return for
development is to offer incentives to returning migrants.

o It is therefore important to have a sound business and regulatory framework to ensure that
migrants are confident that their investments are worthwhile.

- Information dissemination and training of migrant workers:

o Pre-departure employment programmes, and more specifically pre-departure orientation

courses, can be seen as a first step for preparing migrant workers for their reinsertion into the
national labour market or the start-up of small businesses upon return.

o Such elements have been further developed in Module D: Protection of migrant workers: policy
options for countries of origin.

- Flexible work and stay / residence permits:

o Permits should authorize movements between both country of stay/residence and country of
origin without the risk of migrant workers’ losing their immigration status.

o Permits should authorize repeated access to the labour markets of countries of destination.

o Permits should be granted for a sufficient duration for migrant workers to recover financial costs
associated with migration and to acquire skills and save money.

- Skills upgrading and transfer of competences:

o For countries of origin, this implies ensuring that the skills acquired abroad are relevant at
home.

o This also implies that qualifications attained abroad are recognized by the authorities and
employers in the country of origin.

o BLAs concluded by Spain with Colombia and Ecuador include provisions regarding vocational
training, whether in Spain or in countries or origin, focusing on competencies that are in short
supply in Spain and that can also contribute to the development of the countries of origin.

- Activities of public employment services in countries of origin to promote reinsertion of returnees in

the labour market: job matching, vocational guidance, vocational training.

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Module F

- Access to funding is also essential in case of start-up of independent activities: fund-matching schemes
can promote investment in business or other projects (such as infrastructure development).

- Making social benefits and pensions portable:

o Migrant workers are often reluctant to return to their country of origin as they may have to
sacrifice entitlements gained from their employment abroad.

o Making social benefits and pensions portable should therefore encourage circularity.

- The possibility of acquiring a second nationality should be generalized.

o This facilitates circularity by suppressing the risk of losing one’s stay or residence status when
leaving the host country for a certain period of time.

• While some of the aforementioned measures can be unilaterally developed and implemented by countries
of origin, most activities require cooperation between countries of origin and countries of destination.

- Therefore, bilateral labour agreements appear as the principal means for developing circular migration
schemes.

- The central role of countries of destination must also be highlighted: countries of destination must
play a pro-active role for the concept of circular migration to become a reality.

Temporary and Circular Labour Migration (TCLM) – Colombia and Spain

In Colombia, several activities have been carried out under the TCLM model to develop the skills of
migrants in entrepreneurship, community development, cooperatives and project development.

Technical and vocational training courses were provided by the Fundación Agricultores Solidarios (FAS)
in the Valle del Cauca and Nariño regions, benefiting 175 individuals in 2007 and extending into 2008.

Through these initiatives, migrants received training in the use of remittances and the elaboration of
business plans.

Also in 2007, IOM and FAS offered a total of 44 introductory courses on development project plans
benefiting 663 workers.

The trainees took courses in the identification of income-generating initiatives and priorities, the co-
development concept and management of project cycles.

Summary
• As circular migration is an evolving concept, further definition and experience are likely to emerge from
international forums such as the GFMD, as well as within the framework of bilateral arrangements.

• Despite the definition’s lack of crystallization, the following central elements must be recalled:

- The objective of circular migration is to benefit countries of destination, countries of origin, and the
migrants themselves.

- Development issues are therefore a central part of the concept of circular migration.

- Circular migration concerns not only temporary migrant workers but also those who benefit – or who
have reasonable chances to obtain – long-term or permanent status or the nationality of the country
of destination.

• Recall the essential conditions for developing circular migration schemes beneficial to the development
of countries of origin and to the interests of migrant workers:

- Circular migration must be adapted to the labour market needs of countries of destination.

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 Module F

- Circular migration must set a favourable context for return.

- Circulation migration must enable the acquisition and the transfer of skills and knowledge.

• Cooperation through bilateral labour agreements (BLAs) between countries of destination and countries
of origin is crucial in order to develop and implement circular migration policies.

• It must also be highlighted that countries of destination must play a pro-active role in order for the
concept of circular migration to become a reality.

- Further elements regarding the specific position and interests of countries of destination with regards
to circular migration will be presented in Module H: Designing labour admission policies.

Resources for facilitator preparation

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 327-353

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, p. 72

Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf

European Commission: Communication from the Commission to the European Parliament, the Council, the European Economic and
Social Committee and the Committee of the Regions of 16 May 2007 on circular migration and mobility partnerships between the
European Union and third countries, 16 May 2007 (COM(2007) 248 final)
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0248:FIN:EN:PDF

GFMD, Background paper, session 1.4. How can circular migration and sustainable return serve as development tools? 2007
Available at: http://www.gfmd-fmmd.org/fr/system/files/RT+1+4+Background+paper++en.pdf

Newland, K., Rannveig Agunias, D., Terrazas, A., “Learning by Doing: Experiences of Circular Migration” in Migration Policy Institute
Insight, September 2008
Available at: http://www.migrationpolicy.org/pubs/Insight-IGC-Sept08.pdf

Agunias, D.R., and Newland, K., “Circular Migration and Development: Trends, Policy Routes and Ways Forward” in Migration Policy
Institute Policy Brief, April 2007
Available at: http://www.migrationpolicy.org/pubs/MigDevPB_041807.pdf

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Module F

Session 4: The role of diasporas

Suggested duration 35 min total

Introduce the topic

20 min Pair activity

15 min Measures to support the engagement of Diasporas for

development

Summary
Methodology Presentation and Pair activity
You will need Flip chart, pen, Module F slides
Participants will need Copy of slides

Trainer note

The objective of this session is to introduce the concept of a diaspora and to explain how diasporas can
be mobilized to support development.

Introduce the topic Slides 28-29

• Defining diasporas:

- Diasporas can be defined as individuals originating from one country, living outside the country
irrespective of their citizenship or nationality who, individually or collectively, are or could be willing
to contribute to the development of their country of origin (GFMD working definition).

- Diasporas can include those who have become naturalized citizens of their countries of destination
as well as children of migrants.

• Highlight the fact that diasporas can play an important role in the development of their home country.

• Diaspora communities and their initiatives are private activities. It is important therefore not to see
diasporas as resources for development, but as partners who are included in the conception and
implementation of development initiatives.

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Measures to support the engagement of Diasporas for development (35 min)

Pair activity Slide 30

Duration: 20 minutes
• Aim of the activity:

- To encourage participants to discuss the kind of measures that can be put into place to
encourage diaspora members to contribute to their country of origin.
• Explain to participants that the last part of this section will look at ways in which diaspora members
can be engaged in development in their countries of origin.

• Ask participants to read through the short excerpt on a member of the Ghanaian diaspora, living in the
Netherlands, who has been contributing to his home community.

• Ask participants in pairs to think about what kind of measures can be put into place to encourage
diaspora members to contribute to their country of origin. In the case of Mr. Asamoah Kofi, what kind
of obstacles may he face? (10 minutes)

• Ask select participants to give feedback.

• Complement the outcomes of the exercise with the information below.

• Remember to stress that the kind of measures needed to encourage diasporas to contribute to
development will require the engagement of both the country of origin and the country of destination.

Measures to support the engagement of Diasporas for Slides 31-35

development (presentation complementary to exercise) (15 min)

Highlight the fact that diaspora activities take many different forms Slide 31

- Diasporas can take many forms with differing interests, needs and experiences.

o Diasporas as a financial resource:

· Transfer of remittances;

· Direct business investment;

· Investment in capital market;

· Charitable contributions.

o Diaspora as a non-financial resource:

· Transfer of knowledge, skill and technology;

· Trade and market linkages between origin and destination countries (job creation);

· Development of civil society institutions;

· Advocacy in destination countries.

- The particular activities in which diasporas may participate and the added value that they can
contribute to development varies according to their size, composition, status, particular skill sets,
and propensity to contribute to the development of their origin country.

- Activities in which the diaspora brings a clear added value that is not available in the country of origin
should be emphasized.

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Module F

Explain that the ability of diasporas to engage in development related activities,

and the means by which they will be able to do so, is determined by their own Slide 32
capacities.

- The pyramid illustrates the range of inputs diasporas can make into development processes, with
the processes nearer the top being more restricted to highly-skilled diaspora members.

Institutional
development
and reform
Knowledge and
innovaton networks

Donations
(including collective remittances)

Remittances

- Most members of the diaspora are able to support the subsistence of their families through
remittances; however, not all diaspora members will be able to invest their money successfully,
while fewer still will be able to participate in linking countries of origin into knowledge and innovation
networks and carrying out institutional reform.

- This shows the importance of targeting diaspora engagement strategies appropriately, to reflect the
capacities of diasporas. These strategies should also be flexible, however, as diaspora capacities
are dynamic.

• A selection of measures to support the engagement of diasporas for development will be presented,
including the following:

- Status, interest and capacity mapping;

- Diaspora outreach and confidence-building measures;

- Mobilization of stakeholders.

Status interest and capacity mapping Slide 33

• The first phase requires a process of identification of both governmental and diaspora capacities that will
provide the inputs of the diaspora engagement strategy, as well as the goals that this strategy will serve.

• These goals have to match the capacities and objectives of the diaspora and government in order to
be realistic, and they will have to build on and learn the lessons, both positive and negative, of previous
initiatives at different levels.

• By mapping a diaspora, governments can better understand its nature, composition and interests, in
order to understand in what ways its members would be willing and able to contribute to development
activities in their countries of origin.

- Diaspora mapping should aim to outline the profiles of diaspora members in terms of their skills,
locations, occupations and socio-economic status, inter alia.

- Such mapping should also aim to collect information on the existing diaspora’s organizations.

- It should also take into account diaspora members’ perceptions of how they can contribute,

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what obstacles they can identify to their participation, and what measures could promote their
involvement.

- The mapping exercise should also take into account the gender composition of the diaspora and the
particular skills, interests and obstacles of the diaspora’s female members.

- Further mapping activities of particular interest may include the development of a database of
diaspora members interested in participating in developmental activities. Such an activity, however,
should be subject to the identification of sufficient resources to ensure the maintenance and use of the
database.

- Skills profiles identified should be matched with nationally-identified development and labour market
needs.

• How to conduct mapping activities:

- The tools to use for this exercise include quantitative and qualitative survey methods, such as
surveys, interviews, and focus groups.

- Mapping can be performed by consular/diplomatic posts or by agencies that have no direct

connection to the diaspora and can act as neutral mediators.

- Present the example of the Survey of the Zimbabwean diaspora in South Africa and the UK (textbox
below):

Survey of the Zimbabwean diaspora in South Africa and the UK

In order to gauge the potential of engaging the Zimbabwean diaspora for country-of-origin development,
IOM carried out a survey of Zimbabweans in South Africa and the United Kingdom in 2005 to determine
their skills base, transnational links, and interests.

With this data, policymakers are able to understand how and where the diaspora is willing and able to
contribute to development processes. This survey is being followed up by another survey, widening the
number of countries studied.

Diaspora outreach and confidence building measures Slide 34

• Diaspora members’ concern for their countries of origin does not necessarily translate into a willingness
to engage with governments. There may be distrust and suspicion.

• Governments must therefore reach out to diasporas through outreach measures and confidence-building
mechanisms. The aim of these exercises is to help diasporas to understand and trust that the government
sees them as valued partners in development strategies – not simply as resources to be used.

• Outreach activities require a concerted effort on the part of governments, across a range of
departments.

- The creation of ministries or governmental departments focusing on diaspora or expatriate affairs

can provide a structure within which engagement can be centralized and institutionalized.

- Members of the diaspora can be directly involved in the development of the considered policies (see
the Mexico’s Confidence-Building Framework, textbox below):

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Mexico’s Confidence-Building Framework

Few governments have taken the task of gaining the trust of a diaspora as seriously as the government
of Mexico. Since the late 1990s, the government has invested in communication with and service to the
diaspora. The creation of the Institute for Mexicans Abroad (IME) in the Ministry of Foreign Affairs in 2002
brought coherence to these efforts through a dense network of over 56 consular offices in North America.
IME works with organized diaspora groups on the well-known Tres Por Uno programme (see textbox
above in session 2).

A key trust-building element of Mexico’s diaspora engagement strategy is the Consultative Council
of IME, composed primarily of elected leaders from diaspora communities. The Council makes
recommendations to the government about its policies towards the diaspora, and helps set IME’s
agenda. The Council freely criticizes and disagrees with government positions when it feels called upon
to do so, which— perhaps paradoxically—consolidates the confidence of both parties that disagreement
does not mean alienation.
Source: GFMD 2009 Roundtable 1.2 Background Paper Session 1.2: Engaging diasporas and migrants in development policies and
programs –Their role? Their constraints?

• Activities in countries of destination:

- Such activities can be undertaken through diplomatic/ consular missions. Labour attachés can use
their contacts to undertake outreach activities, such as speaking at meetings of diaspora groups
identified through the mapping or by placing advertisements in diaspora-specific media.

- In addition, interventions with governments of countries of destination in favour of the diaspora show
the government’s concern for the challenges that diasporas face, and symbolic support for cultural
events shows recognition of and support for diasporas’ own efforts to maintain their links with their
homelands.

• Activities in the country of origin can also promote this outreach:

- Activities that valorise diasporas can encourage their participation in development activities.

- For example, several countries such as Ethiopia, India, Syria and Serbia have organized events such
as “Diaspora Days” and meetings, conferences and expos to reach out to diasporas and show that
their contributions are welcome.

• Allowing dual citizenship is an important confidence-building measure.

• Throughout the whole engagement process, it is essential to be open and transparent with the diaspora
in order that the goals of the policy are clear and built around a consensus with the diaspora, and the
government should show that it is willing to listen to their ideas and respond to their challenges.

Mobilize stakeholders Slide 35

• The mobilization of stakeholders represents the outcome of the preceding steps. It involves concrete
as well as symbolic steps that involve diasporas in development-related activities, including the
implementation of pilot projects and the integration of the diaspora into development strategies.

• It is important to note that activities under this heading should be multi-stakeholder and multi-levelled,
including civil-society actors as well as local government actors where relevant.

• Activities in this framework can involve the physical return of diasporas or their engagement from afar.

- Issues to consider in this context include means of facilitating free movement between countries of

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origin and destination for people who may not have citizenship in either the country of origin or the
country of usual residence.

- In order to ensure that people are able to move freely and invest, countries of origin can consider
issues like a dual citizenship provision, facilitation of diaspora members’ acquisition of property and
land, facilitation of their ability to invest and hold bank accounts, and reduction of costs and red tape
for the transfer of remittances.

- Engagement with the private sector:

In the private sector, diaspora members can use their financial resources, business skills, and
contacts in countries of origin and destination to act as investors in job-creating enterprise creation
and development.

- Diasporas can also assist government institutions in building capacities through the application of
their human capital.

o Diaspora engagement can bring specific skills as well as more general management techniques
to assist in service delivery and reform processes. It can be an important means of reversing
brain drain processes.

o Organizations that enable diaspora members to return on a short-term basis to undertake

voluntary, short-term returns to work in institutions, can provide a structure for this engagement.
This structured engagement can help ensure the sustainability of these activities.

o This facilitation can also be undertaken in conjunction with other actors.

o Such is the case of the Temporary Return of Qualified Nationals (TRQN) Project (textbox
below).

The Temporary Return of Qualified Nationals (TRQN) Project

Through the TRQN project, IOM contributes to the reconstruction and development of Afghanistan,
Bosnia and Herzegovina, Ethiopia, Georgia, Sierra Leone and Sudan. This is achieved through the
temporary placement of Netherlands-based, highly-educated and skilled professionals in specific
positions in the public and private sectors of their countries of origin, where a particular demand
for these skills has been identified. Participants not only work for beneficiary organizations but also
undertake training activities to ensure that skills are passed on and continue to be used after the end of
the participants’ missions. Identified needs in Bosnia and Herzegovina are as varied as needs for skilled
welders, civil engineers, health professionals, lawyers and agronomists, while organizations requesting
this assistance include NGOs, factories, health centres, and municipal authorities.

It is therefore a demand-driven, capacity-building project. In linking the needs with the available
experience and expertise, IOM works closely with field missions, local stakeholders, and networks of
migrants residing in the Netherlands and other European countries. IOM acts as a facilitator and bridge-
builder between diasporas and organizations in both countries of origin and the Netherlands. During
the first phase of TRQN, which lasted for two years until June 2008, IOM assisted 160 temporary return
assignments, ranging from a few weeks to three months.
Source: IOM Netherlands: http://www.iom-nederland.nl/english/Programmes/Migration_Development/Projects_Migration_
Development/Temporary_Return_of_Qualified_Nationals_TRQN_II

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Summary Slide 36

• Diasporas can be key partners for development, if properly engaged as partners in a structured way and
supported by policies and structures that facilitate their development activities.

• It should be noted that each stage of policies aiming to engage diasporas for development illustrates a
process that is ongoing, continuous, and overlapping.

- The goals and capacities of diasporas and governments change.

- The nature of the diaspora is dynamic; trust has to be maintained over time and can indeed be
supported by activities that mobilize stakeholders.

- It is therefore important to reflect on and evaluate the process throughout its implementation, and to
adapt activities where necessary.

Resources for facilitator preparation

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 327-353
Naik, A., Koehler, J., Laczko, F., Migration and development: achieving policy coherence, IOM 2008
Ionesco, D., Engaging Diasporas as Development Partners for Home and Destination Countries: Challenges for Policymakers, IOM,
2006
IOM, Migration and Development for Africa: Mobilizing the African Diasporas for the Development of Africa, 2007
Available at: http://publications.iom.int/bookstore/index.php?main_page=product_info&cPath=35_34&products_id=331
GFMD 2009 Roundtable 1.2 Background Paper Session 1.2: Engaging diasporas and migrants in development policies and programs
–Their role? Their constraints?
Available at http://www.gfmdathens2009.org/fileadmin/material/docs/workp/working_paper_1_2.pdf

Module F, Session 4: The role of diasporas

ANNEX

Participant worksheet

Barima Asamoah Kofi IV: between the Netherlands and Ghana

Barima Asamoah Kofi IV was born in Ghana and has lived in Amsterdam for 27 years. He is a health
information counsellor and has worked for several social and health institutions.

A few years ago, he was crowned Chief of the Abrem Traditional Area in the Central Region of Ghana.
“Being chief means investing in the socio-economic development of your region,” he explains.

In November 2006 he went to Ghana for three months to work as a health-information counsellor in the
field of basic health care and HIV/AIDS prevention. His employer gave him special leave to do so. While
evaluating his missions, Barima told IOM, “I had meetings with groups of people, informing them about
infections, prevention hygiene and sexual relations. There is so much need for this information, but it
takes professional skills to inform people in the right way. That is why I’m writing a proposal to train
voluntary health-information counsellors.”

Questions:

- What kind of measures can be put into place to encourage diaspora members to contribute to
their country of origin?

- In the case of Mr. Asamoah Kofi, what kind of obstacles may he face?

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 Module F

Power Point Module F:

Enhancing migrant workers' contribution to the development of countries of origin

SLIDE 1 SLIDE 2

Module F: Enhancing migrant

workers’ contribution to the Session I
development of countries of
origin
Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: Introduction Session 1: Introduction

By the end of this Module you will:

Module Aim

Have an enhanced understanding of the importance of

Module F aims to provide an labour migration in the context of development policies in
overview of the nexus between countries of origin
labour migration and
development, with attention to

Have an enhanced understanding of the policy measures
remittances, circular migration, available for harnessing the benefits of labour migration for
and diaspora involvement. development, including remittances, circular migration, and
diaspora mobilization

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Module F

SLIDE 5 SLIDE 6

Session 1: Introduction

Migration and Development

Migration has important economic, social and cultural

consequences for countries of origin. Some are positive,
others are negative Session II
Recently, the topic of migration and development has


moved up on international agendas (e.g HLD and GFMD) Remittances

There has been no agreement to date on the management
strategies to be put in place, whether at international or
national levels

Migration for development is no longer seen only as a

means of alleviating poverty

SLIDE 7 SLIDE 8

Session 2: Remittances Session 2: Remittances

What are Remittances? Remittances’ scale and trends

Remittances to developing countries reached $316 billion in 2009

Migrant remittances can be broadly defined as the monetary
transfers that a migrant makes to the country of origin  
 

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"

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worker or immigrant to a relative in the country of origin )*%%%% 

 They can also be invested, deposited or donated by the migrant to the )%%%%%

country of origin (*%%%%



(%%%%% 
'*%%%%

The private nature of remittances  
'%%%%%
 Two main stakeholders: the remittance sender and the recipient. In &*%%%%
the middle, a host of actors (intermediaries in the transfer process,
&%%%%%  
governments) 
*%%%%
 The private nature of remittances has to be taken into account when
%
developing and implementing policies
%%

%&

%'

%(

%)

%*

%+

%,

%-


&%

&&
%.
'%

'%

'%

'%

'%

'%

'%

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e=estimate; f=forecast

230
 Module F

SLIDE 9 SLIDE 10

Session 2: Remittances Session 2: Remittances

Remittances as a percentage of GDP Remittance inflows

Remittances and capital flows to developing countries

Source: World Bank 2010 Source: World Bank 2010

SLIDE 11 SLIDE 12

Session 2: Remittances

Remittances as a percentage of GDP Remittances and income distribution

in the household

Remittances are an important source of income for many low-
and middle-income households in developing countries

Remittances often contribute to improving household living

conditions and reducing vulnerability of family members,
especially women and children

Remittances constitute a steady source of poverty reduction

Source: World Bank 2010

231
Module F

SLIDE 13 SLIDE 14

Session 2: Remittances Session 2: Remittances

Potential negative effects of

The use of remittances
remittances

Three main uses can be distinguished:
 Consumption
Do remittances have an equalizing effect on income
 Investment distribution or do they cause income inequality to rise?
 Savings

Economic dependence on remittances may reduce recipients

Gender differences families’ motivation to develop their own income-generating
activities

Case study: How Tajikistani households use their remittances
from Russian Federation (2009)

SLIDE 15 SLIDE 16

Session 2: Remittances Session 2: Remittances

Potential negative effects of

remittances (cont.) Pair exercise
Inflation risk
Outline three main policy
areas that you think a
country of origin could
instigate to harness the
development benefits of
remittances

232
 Module F

SLIDE 17 SLIDE 18

Session 2: Remittances Session 2: Remittances

Mobilizing and channelling Mobilizing and channelling

remittances for development remittances for development (cont.)

Understanding remittances Improving transfer services
 Size and nature of remittance channels and flows at macro, community
Fees for remittance services charged by global money transfer
and individual levels operators are high, regressive, and non-transparent
 Behaviour of remittance senders

The following actions promote efficient, safer services:
 Use of remittances by recipients
 Simplification of transfer procedures and extending financial network
 Gender dynamics  Promotion of regularization of the informal transfer sector
 Increased access to banking service points, both in the source and recipient
countries, to reduce costs and increase efficiency

Collecting data  Encouragement of a larger number of banking and other financial institutions in
 Remittances are typically measured using “balance of payment” data the transfer of remittances
compiled by relevant statistical authorities  Access to services for irregular migrants
 Household survey data can be used to collect more detailed  Ensuring channels are equally accessible to both men and women;
information about migrant remittances  Cooperation between governments and banks in countries of origin and
countries of destination

SLIDE 19 SLIDE 20

Session 2: Remittances

Mobilizing and channeling remittances

for development (cont.)
Incentives to stimulate the development potential of
remittances

The most important step governments can take to stimulate Session III
remittance flows and realize their development potential:
 to create a sound legal and policy environment that promotes capital Circular Migration
inflows, including remittances

In the interim, policy measures should take the form of

incentives rather than compulsory remittances schemes
 Financial products to attract remittances
 Information dissemination

233
Module F

SLIDE 21 SLIDE 22

Session 3: Circular Migration Session 3: Circular Migration

De facto circular migration Contemporary acceptance of the

concept of circular migration

Circular migration, or repeated migration is not new; on the
contrary, it is an old and widespread phenomenon
No crystallisation of the notion of circular migration

The de facto circular character of many traditional migration
European Commission definition:
 « A form of migration that is managed in a way allowing some degree
flows
of legal mobility back and forth between two countries »

Free circulation of people in integrated regional systems

World Forum on Migration and Development definition:
 « Circular Migration is the fluid movement of people between countries,

Circular migration in the absence of effective entry/stay including temporary or more permanent movement which, when it
control of foreigners occurs voluntarily and is linked to the labour needs of countries of
origin and destination, can be beneficial to all involved »

SLIDE 23 SLIDE 24

Session 3: Circular Migration Session 3: Circular Migration

Promises of circular migration Context of emergence (resurgence) of

the circular migration concept

Country of destination: promise of flexible labour

Reopening labour migration channels among EU member
states

Country of origin: promise of remittances and technology
transfer; solution to brain-drain issues

Interest generated by the link between migration and
development

Migrant workers: promise of new legal immigration channels

Preventing irregular immigration; a primary objective

234
 Module F

SLIDE 25 SLIDE 26

Session 3: Circular Migration Session 3: Circular Migration

Circular migration: basic guidelines

Video activity

An extra tool for promoting efficient migration management
policies that respect migrants’ rights
What factors contribute to
successful circular
Conditions for a circular migration that benefit all parties
migration schemes that concerned:
contribute to  Circular migration must be adapted to the labour market needs of
countries of destination
development?
 Circular migration must be rights-based
 Circular migration must set a favourable context for return
 Circulation migration must enable the acquisition and the transfer of skills
and knowledge

SLIDE 27 SLIDE 28

Session 3: Circular Migration

Circular migration: basic guidelines (cont.)

Means / practices to meet the aforementioned objectives:
 Labour market analysis in countries of origin and destination
 Offer of incentives to returning migrants
 Information dissemination and training of migrant workers Session IV
 Flexible work and stay/residence permits
 Skills upgrading and transfer of competences Role of Diasporas
 Portability of social benefits and pensions
 Permission of dual nationality

Most activities require cooperation between countries of origin
and countries of destination
 Bilateral labour agreements are the principal means for developing
circular migration schemes

235
Module F

SLIDE 29 SLIDE 30

Session 4: The role of diasporas Session 3: Circular Migration

Defining diasporas
Pair exercise

Diaspora composed of individuals originating from one Barima Asamoah Kofi IV:
country, living outside the country irrespective of their between the Neherlands and
citizenship or nationality who, individually or collectively, are Ghana
or could be willing to contribute to the development of their
country of origin (working definition of GFMD) What kind of measures can
be put into place to
encourage diaspora

Diasporas should be considered as development partners members to contribute to
for both origin and destination countries their country of origin?

SLIDE 31 SLIDE 32

Session 4: The role of diasporas Session 4: The role of diasporas

Forms of Diaspora Engagement in Range of inputs into development processes

Development

Diasporas can take many forms, with differing interests,
needs and experiences

Diasporas as a financial resource
 Transfer of remittances
 Direct business investment
 Investment in capital market
 Charitable contributions

Diaspora as a non-financial resource:

 Transfer of knowledge, skill and technology
 Trade and market linkages between origin and destination
countries (job creation)
 Development of civil society institutions
 Advocacy in destination countries

236
 Module F

SLIDE 33 SLIDE 34

Session 4: The role of diasporas Session 4: The role of diasporas

SLIDE 35 SLIDE 36

Session 4: The role of diasporas Session 4: The role of diasporas

237
Module F

SLIDE 37

Thank you!

238
TRAINING MODULES
ON LABOUR MIGRATION
MANAGEMENT

Trainer’s Manual

Course 3
Course 3
Developing labour
migration policies in
countries of destination

239
Introduction to Course 3: Developing labour migration policies in
countries of destination
Suggested duration: 5 min

• Main issues underlying policy responses in many countries of destination:

- Detection and assessment of current labour shortages and projection of future labour shortages.

- Analysis of the national labour market in order to understand whether labour migration can provide
a solution, at least in part, for adverse demographic trends.

- Measures to avoid exploitation and discrimination of migrant workers in the workplace and society
in general.

- Measures to seek social cohesion and the integration of migrant workers and their family members.

- Measures to prevent or reduce irregular labour migration.

• Course 3 is composed of four modules:

- Module G: Assessing the need for foreign labour.

- Module H: Designing labour admission policies.

- Module I: Protection of migrant workers and integration: policy options for countries of destination.

- Module J: Measures to prevent and reduce irregular labour migration.

• Aims of Course 3:

- To provide an overview of the tools to detect and project labour shortages; the policy options to
respond to labour shortages, including labour migration; and the tools to assess needs for foreign
labour.

- To provide an overview of the main policies regarding admission and residence of migrant workers,
including employment based immigration systems and the various forms of temporary labour
immigration systems.

- To provide an overview of the relation between admission and residence regimes and the protection
of migrant workers.

- To provide an overview of the protection needs of migrant workers, and measures related to the
social cohesion and integration of migrant workers in destination countries.

- To examine the irregular migration phenomenon, with specific emphasis on the labour market issues,
and provide an overview of possible measures and mechanisms that may be adopted to prevent or
reduce irregular migration.

240
Course 3
Developing labour migration policies in countries of destination

Module G
Module G
Assessing the need for
foreign labour

241
Module G

Introduction to Course 3: Developing labour migration policies in

countries of destination
Suggested duration: 5 min

• Main issues underlying policy responses in many countries of destination:

- Detection and assessment of current labour shortages and projection of future labour shortages.

- Analysis of the national labour market in order to understand whether labour migration can provide
a solution, at least in part, for adverse demographic trends.

- Measures to avoid exploitation and discrimination of migrant workers in the workplace and society
in general.

- Measures to seek social cohesion and the integration of migrant workers and their family members.

- Measures to prevent or reduce irregular labour migration.

• Course 3 is composed of four modules:

- Module G: Assessing the need for foreign labour.

- Module H: Designing labour admission policies.

- Module I: Protection of migrant workers and integration: policy options for countries of destination.

- Module J: Measures to prevent and reduce irregular labour migration.

• Aims of Course 3:

- To provide an overview of the tools to detect and project labour shortages; the policy options to
respond to labour shortages, including labour migration; and the tools to assess needs for foreign
labour.

- To provide an overview of the main policies regarding admission and residence of migrant workers,
including employment based immigration systems and the various forms of temporary labour
immigration systems.

- To provide an overview of the relation between admission and residence regimes and the protection
of migrant workers.

- To provide an overview of the protection needs of migrant workers, and measures related to the
social cohesion and integration of migrant workers in destination countries.

- To examine the irregular migration phenomenon, with specific emphasis on the labour market issues,
and provide an overview of possible measures and mechanisms that may be adopted to prevent or
reduce irregular migration.

242
 Module G

Module G: Assessing the need for foreign labour

Suggested total duration: 2 h

Duration Session
5 min Session 1: Introducing Module G
1 h 10 min Session 2: Group activity: Discussing quotas in Pontormo
15 min Session 3: Assessing labour shortages
5 min Session 4: Policy options for responding to labour shortages
25 min Session 5: Tools for assessing and designating levels of need

Aim of Module G
Module G aims to provide an overview of:

• Tools to detect and project labour shortages.

• Policy options to respond to labour shortages, including labour migration.

• Tools to assess needs for foreign labour.

Learning outcomes for Module G

By the end of this module, participants will:

• Understand the processes and tools for assessing labour shortages and demand for foreign labour,
including how such tools may impact men and women differently.

• Understand the political and technical complexity of assessing and designating levels of need for foreign
labour.

243
Module G

Session 1: Introducing Module G

Suggested duration 5 min total

Methodology Presentation
You will need Flip chart, pen, Module G slides
Participants will need Copy of slides

Present aims, learning outcomes and methodology for Module G Slides 1-4

- Module G aims to provide an overview of:

o Tools to detect and project labour shortages.

o Policy options to respond to labour shortages, including labour migration.

o Tools to assess needs for foreign labour.

- By the end of this module, participants will:

o Understand the processes and tools used to assess labour shortages and demand for foreign
labour, including how such tools may impact men and women differently.

o Understand the political and technical complexity of assessing and designating levels of need
for foreign labour.

- Module G is principally built around an exercise; the exercise is followed by short complementary
presentations.

Present background information for Module G above using the following points Slide 5

- Regardless of the labour migration system adopted by a particular country, one of the main objectives
of a labour migration system is to address labour shortages.

- The assessment of labour shortages, and the development of tools for doing so, therefore makes up
an important part of the formulation and management of foreign employment practices in countries
of destination.

- However, a labour shortage does not necessarily mean a need for foreign labour.

- Module G will indicate through the next four sessions the tools, methods and processes at the
disposal of policy makers for the assessment of labour shortages.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 103-105
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 285-296
OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 27-28
Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf
Abella, M., “Policies and Best Practices for Management of Temporary Migration”, paper presented at the International Symposium on
International Migration and Development, 2006
Available at: http://www.un.org/esa/population/migration/turin/Symposium_Turin_files/P03_SYMP_Abella.pdf
Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996, pp. 33-42
Boswell C., Stiller S., Straubhaar T., “Forecasting Labour and Skills Shortages: How can Projections Better Inform Labour Migration
Policies”, paper prepared for the European Commission, Hamburg Institute of International Economics, Migration Research Group, 2004
Available at: http://www.hwwi.org/fileadmin/hwwi/Publikationen/Dossier/Demografie/Boswell_Stiller_Straubhaar_Forecasting_Labour_
and_Skills_Shortages.pdf

244
 Module G

Session 2: Group activity: Discussing quotas in Pontormo

Duration: 60 min
Introducing the activity
• Outline the activity:

- We will be discussing quota systems in the fictional country of Pontormo.

- You will all be acting as officials from different ministries or from other stakeholders.
• You will be divided into 5 groups corresponding to:

- Ministry of Labour;
- Ministry of Interior;
- Trade Unions;
- the Employers’ Association;
- Associations defending the rights of migrants.
• Inform participants that each group should designate a spokesperson to represent the group during the
“meeting” that is part of the exercise, and that the whole meeting will be chaired by the spokesperson
of the Ministry of Labour.
• Distribute worksheets to the participants. Each group receives a specific worksheet that gives only
indications of its position during the exercise.
• Inform participants that they have 15 minutes to prepare for the meeting.

Full group ‘meeting’

• The “meeting” should last 30 minutes: five minutes for a presentation by the spokesperson of the
Ministry of Labour, and 20minutes for contributions from the other groups.
• The facilitator is in the ‘chair’ at the meeting and should ensure that the meeting stays on track and
that all participants are able to contribute their position. Try to move the meeting towards some
agreement.
• During the meeting, record the outcomes of the discussion on a flip chart.
• At the end of the activity, invite all participants to give brief comments on the meeting’s outcomes
(5 min). Record these comments as well on the flip chart.
• Use the trainer notes included in the trainer’s worksheet to lead the discussion between participants
on the outcomes of the exercise.

Present key points that will be developed in the following sessions

• Adequate information about the labour market is needed in order to determine the need for foreign
labour. Such information was absent in the Pontormo case.
• Mismatch in the labour market – highlighted in the case study – is one of many types of labour shortages
that may occur.
• Labour migration is one policy option among others for responding to labour shortages.
• Other factors, aside from labour-market considerations, influence policy-making – including public
opinion, demographics, and human-resource planning.
• Quotas are one way among others to determine the need for foreign labour.

Suggested duration 1 h 10 min total

Methodology Question and Group activities
You will need Flip chart, pen, Module G slides, Module G Session 2 Participant
worksheets, Module G Session 2 worksheet with Trainer notes
Participants will need Copy of slides, Module G Session 2 Participant worksheets

245
Module G

Trainer note

This group activity aims to discuss the pertinence of a quota system’s adoption in a considered case, the
ways of establishing a quota system, and other means of responding to labour shortages.

Depending on the level of knowledge of the participants you may need to explain the concepts of quotas
and labour market tests before starting the group activity (see Question activity below).

Case Study: Discussing the quota system in Pontormo

Background
Pontormo is a country of approximately ten million people, and approximately 6,000 foreign workers who
are legally registered by the Ministry of Labour. Reports from the Ministry of Interior suggest that there
are many more foreign nationals working irregularly. Owing to an economic boom mainly fueled by oil
revenues, Pontormo’s GDP growth rates have been between 6 and 7% over the last five years. Pontormo
has a young population, and despite high growth rates unemployment rates have remained at more than
7.5%. Information provided by the Ministry of Labour suggests that there are shortages in certain sectors;
however, no systematic information is provided by employers.
Pontormo has traditionally been a country which is open to foreign workers. Foreign workers are usually
seen as providing an opportunity for the country’s economic development, and hence the regulations
governing the entry, stay and employment of migrant workers are minimal. The Ministry of Interior has
traditionally been responsible for immigration issues. A high percentage of foreign workers work in the oil
sector and are relatively skilled, and the boom has also created a demand for lower-skilled workers in the
construction sector. Foreigners are authorized to enter, stay and work in Pontormo as long as they have
concluded an employment contract with a national employer.
Move to establish a quota system
The continued rise in unemployment during recent years has led a significant part of Pontormo’s political
class and the general public to think that too many foreigners reside in Pontormo and that therefore the
entry and stay of foreigners on the national territory should be more strictly controlled.
The government, following a proposal by the Inter-ministerial Committee on immigration (notably
composed of representatives of the Ministry of Labour and Ministry of Interior but located under the
Prime Minister’s office) decides on the establishment of a quota system. According to the Inter-ministerial
Committee the purpose of the quota will be to limit the number of foreigners employed on the territory of
Pontormo in order to promote jobs for nationals.
Ministry of labour organizing stakeholder meeting
A consultative meeting is organized by the Ministry of Labour and Ministry of Interior in order for them to
share opinions with the main stakeholders and to discuss the potential modalities of the envisaged quota
regime. The meeting is composed of representatives of the Ministry of Labour and Ministry of Interior;
representatives of trade unions; representatives of the employers’ association; and representatives of the
main associations defending the rights of migrants.
Participants’ respective positions
Ministry of Interior. The Ministry accepts the principle of a quota system. The Ministry foresees the
adoption of low quotas that would apply to all foreigners and insists on the importance of the control of
irregular migration.
Trainer note
Although such global quotas are used by several countries, they may pose a problem with respect to the
right to family life (and in Europe [EU, CoE], the recognized right to family reunification).

246
 Module G

The priorities of ministries of interior are not necessarily compatible with the objectives of a labour
migration policy. For example, the Ministry of Interior, concerned by the possible overstay of migrant
workers, may favor low quotas and greater control of irregular migration.
Nevertheless, migration management usually falls within the responsibility of ministries of interior.
In the example given in the case study, a specific institution dedicated to migration management exists
within the government.
While such a collaborative approach is necessary, the exercise may show the difficulties and constraints
of cooperation between ministries.
Trade Unions. Trade Unions consider that the proposal is not well-founded. To their knowledge, there is
no reliable data regarding the existence of labour shortages in the country. On that basis, Trade Unions
are opposed to a quota system and ask the government to adopt a solution that they think would better
protect national workers: a labour market test system.
Trainer note
Labour market tests may not benefit national workers, at least in the medium/long term.
The labour market test procedure takes time and is seen as inappropriate in today’s increasing
competition for skilled workers.
More generally, the application of a labour market test system is likely to leave labour shortages unfilled.
This can hamper productivity and growth, and thus it may have negative consequences for national
workers.
Employers’ Association. The Employers’ Association is opposed to quotas. The Association favours
keeping the present system, i.e. self-regulation of the market. The Employers’ Association would also
like to be able to pay migrant workers less than national workers and to deal with labour shortages by
increasing the number of permitted working hours for all workers.
Trainer note
Self-regulation of the market is unlikely to be approved as it negates the very principle of a foreign labour
policy.
Paying migrant workers less than domestic workers would violate the internationally recognized right to
work and to employment conditions equal to nationals’.
Moreover, the decision to allow self-regulation could lead to other adverse consequences, like the rise of
unemployment among national workers who would not accept compromised wages.
The suggestion to increase the number of permitted working hours for all workers, though not realistic, is
interesting because it demonstrates one “non-migration” way to respond to labour shortages.
Associations defending the rights of migrants. The associations are not opposed to the quota system
as long as the quotas apply only to migrant workers and not to all foreigners (including family members)
wishing to enter and stay in Pontormo. They also request that the quota system does not make a
distinction by nationality, and that it carefully defines classifications such as ‘dependent’ or ‘head of
household,’ as these may affect men and women migrants’ access to work.
Trainer note
Regarding global quotas, see comments on the Ministry of Interior’s position.
Regarding distinction by nationality, NGOs commonly argue that such a measure would constitute
discrimination. However, such a distinction of treatment, which is likely to be adopted through
the conclusion of bilateral labour agreements is not prohibited by international law (see Module B
International legal framework for protection of migrant workers).

247
Module G

Question activity Slides 6-7

Aim of this activity:

This activity relates to quota systems in the fictional country of Pontormo. You will all be acting as officials
from 5 different ministries or from other stakeholders: the Ministry of Labour; the Ministry of Interior; Trade
Unions; the Employers’ Association; and associations defending the rights of migrants.

Each group should designate a spokesperson to represent the group during the “meeting” that we will
hold as part of this exercise. This meeting will be chaired by the spokesperson of the Ministry of Labour.

Small group activity:

• Each group has 15 minutes before the meeting to prepare their views on the questions outlined below.
After the first five minutes, discussions and pre-negotiations between the groups are allowed.

• The Ministry of Labour group will need to agree a brief outline of the quota system, clarifying:

- Will the quotas apply to all foreigners entering the country, or only to foreign workers?

- How often will the quotas be adopted? (Periodicity of the quotas’ adoption)

- Will the quotas be broken down, and if so, according to which criteria? (distinction between
regions, economic sectors, specific occupations, individual employers, nationalities, or through
the conclusion of bilateral labour agreements)

• The Ministry of Labour spokesperson will then present this system to the full group (max 5 min), and
chair the ensuing discussion.

• Other groups should prepare their views on those questions.

Full group activity:

Participants will then give their views on the Ministry of Labour spokesperson’s proposal (20 min)

Case Study: Discussing the quota system in Pontormo

Background

Pontormo is a country of approximately ten million people, and approximately 6,000 foreign workers who
are legally registered by the Ministry of Labour. Reports from the Ministry of Interior suggest that there
are many more foreign nationals working irregularly. Owing to an economic boom mainly fueled by oil
revenues, Pontormo’s GDP growth rates have been between 6 and 7% over the last five years. Pontormo
has a young population, and despite high growth rates unemployment rates have remained at more than
7.5%. Information provided by the Ministry of Labour suggests that there are shortages in certain sectors,
however no systematic information is provided by employers.

Pontormo has traditionally been a country which is open to foreign workers. Foreign workers are usually
seen as providing an opportunity for the country’s economic development, and hence the regulations
governing the entry, stay and employment of migrant workers are minimal. The Ministry of Interior has
traditionally been responsible for immigration issues. A high percentage of foreign workers work in the oil
sector and are relatively skilled, and the boom has also created a demand for lower-skilled workers in the

248
 Module G

construction sector. Foreigners are authorized to enter, stay and work in Pontormo as long as they have
concluded an employment contract with a national employer.

Move to establish a quota system

The continued rise in unemployment during recent years has led a significant part of Pontormo’s political
class and the general public to think that too many foreigners reside in Pontormo and that therefore the
entry and stay of foreigners on the national territory should be more strictly controlled.

The government, following a proposal by the Inter-ministerial Committee on immigration (notably

composed of representatives of the Ministry of Labour and Ministry of Interior but located under the
Prime Minister’s office) decides on the establishment of a quota system. According to the Inter-ministerial
Committee the purpose of the quota will be to limit the number of foreigners employed on the territory of
Pontormo in order to promote jobs for nationals.

Ministry of Labour and Ministry of Interior organize a stakeholder meeting

A consultative meeting is organized by the Ministry of Labour and Ministry of Interior in order for them to
share opinions with the main stakeholders and to discuss the potential modalities of the envisaged quota
regime. The meeting is composed of representatives of the Ministry of Labour and Ministry of Interior;
representatives of trade unions; representatives of the employers’ association; and representatives of the
main associations defending the rights of migrants.

Group 1 position

Ministry of Labour. The Ministry has been the one to suggest the introduction of a quota system. The
representative of the Ministry will chair and introduce the meeting with a presentation of the quota system
proposal.

Duration: 10 min

• Ask the group what tools they are familiar with for assessing and designating levels of needs for
foreign workers, what do they currently use in their own country?

• Record answers on a flipchart.

• If necessary, define briefly the concepts of quotas and labour market tests.

249
Module G

Group activity: Discussing quotas in Pontormo Slide 8

Aim of this activity:

This activity relates to quota systems in the fictional country of Pontormo. You will all be acting as officials
from 5 different ministries or from other stakeholders: the Ministry of Labour; the Ministry of Interior; Trade
Unions; the Employers’ Association; and associations defending the rights of migrants.

Each group should designate a spokesperson to represent the group during the “meeting” that we will
hold as part of this exercise. This meeting will be chaired by the spokesperson of the Ministry of Labour.

Small group activity:

• Each group has 15 minutes before the meeting to prepare their views on the questions outlined below.
After the first five minutes, discussions and pre-negotiations between the groups are allowed.

• The Ministry of Labour group will need to agree a brief outline of the quota system, clarifying:

- Will the quotas apply to all foreigners entering the country, or only to foreign workers?

- How often will the quotas be adopted? (Periodicity of the quotas’ adoption)

- Will the quotas be broken down, and if so, according to which criteria? (distinction between
regions, economic sectors, specific occupations, individual employers, nationalities, or through
the conclusion of bilateral labour agreements)

• The Ministry of Labour spokesperson will then present this system to the full group (max 5 min), and
chair the ensuing discussion.

• Other groups should prepare their views on those questions.

Full group activity:

Participants will then give their views on the Ministry of Labour spokesperson’s proposal (20 min)

Case Study: Discussing the quota system in Pontormo

Background

Pontormo is a country of approximately ten million people, and approximately 6,000 foreign workers who
are legally registered by the Ministry of Labour. Reports from the Ministry of Interior suggest that there
are many more foreign nationals working irregularly. Owing to an economic boom mainly fueled by oil
revenues, Pontormo’s GDP growth rates have been between 6 and 7% over the last five years. Pontormo
has a young population, and despite high growth rates unemployment rates have remained at more than
7.5%. Information provided by the Ministry of Labour suggests that there are shortages in certain sectors,
however no systematic information is provided by employers.

Pontormo has traditionally been a country which is open to foreign workers. Foreign workers are usually
seen as providing an opportunity for the country’s economic development, and hence the regulations
governing the entry, stay and employment of migrant workers are minimal. The Ministry of Interior has
traditionally been responsible for immigration issues. A high percentage of foreign workers work in the oil

250
 Module G

sector and are relatively skilled, and the boom has also created a demand for lower-skilled workers in the
construction sector. Foreigners are authorized to enter, stay and work in Pontormo as long as they have
concluded an employment contract with a national employer.

Move to establish a quota system

The continued rise in unemployment during recent years has led a significant part of Pontormo’s political
class and the general public to think that too many foreigners reside in Pontormo and that therefore the
entry and stay of foreigners on the national territory should be more strictly controlled.

The government, following a proposal by the Inter-ministerial Committee on immigration (notably

composed of representatives of the Ministry of Labour and Ministry of Interior but located under the
Prime Minister’s office) decides on the establishment of a quota system. According to the Inter-ministerial
Committee the purpose of the quota will be to limit the number of foreigners employed on the territory of
Pontormo in order to promote jobs for nationals.

Ministry of Labour and Ministry of Interior organize a stakeholder meeting

A consultative meeting is organized by the Ministry of Labour and Ministry of Interior in order for them to
share opinions with the main stakeholders and to discuss the potential modalities of the envisaged quota
regime. The meeting is composed of representatives of the Ministry of Labour and Ministry of Interior;
representatives of trade unions; representatives of the employers’ association; and representatives of the
main associations defending the rights of migrants.

Group 2 position

Ministry of Interior. The Ministry accepts the principle of a quota system. The Ministry foresees the
adoption of low quotas that would apply to all foreigners and insists on the importance of the control of
irregular migration.

Module G, Session 2: Group activity. Discussing quotas in

Pontormo

ANNEX 1

Trainer worksheet

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Module G, Session 2: Group activity. Discussing quotas in

Pontormo

ANNEX 2

Group 1 worksheet for small group activity (Ministry of Labour)

Aim of this activity:

This activity relates to quota systems in the fictional country of Pontormo. You will all be acting as officials
from 5 different ministries or from other stakeholders: the Ministry of Labour; the Ministry of Interior; Trade
Unions; the Employers’ Association; and associations defending the rights of migrants.

Each group should designate a spokesperson to represent the group during the “meeting” that we will
hold as part of this exercise. This meeting will be chaired by the spokesperson of the Ministry of Labour.

Small group activity:

• Each group has 15 minutes before the meeting to prepare their views on the questions outlined
below. After the first five minutes, discussions and pre-negotiations between the groups are allowed.

• The Ministry of Labour group will need to agree a brief outline of the quota system, clarifying:

- Will the quotas apply to all foreigners entering the country, or only to foreign workers?

- How often will the quotas be adopted? (Periodicity of the quotas’ adoption)

- Will the quotas be broken down, and if so, according to which criteria? (distinction between
regions, economic sectors, specific occupations, individual employers, nationalities, or through
the conclusion of bilateral labour agreements)

• The Ministry of Labour spokesperson will then present this system to the full group (max 5 min), and
chair the ensuing discussion.

• Other groups should prepare their views on those questions.

Full group activity:

Participants will then give their views on the Ministry of Labour spokesperson’s proposal (20 min)

Case Study: Discussing the quota system in Pontormo

Background

Pontormo is a country of approximately ten million people, and approximately 6,000 foreign workers who
are legally registered by the Ministry of Labour. Reports from the Ministry of Interior suggest that there
are many more foreign nationals working irregularly. Owing to an economic boom mainly fueled by oil
revenues, Pontormo’s GDP growth rates have been between 6 and 7% over the last five years. Pontormo
has a young population, and despite high growth rates unemployment rates have remained at more than
7.5%. Information provided by the Ministry of Labour suggests that there are shortages in certain sectors,
however no systematic information is provided by employers.

Pontormo has traditionally been a country which is open to foreign workers. Foreign workers are usually
seen as providing an opportunity for the country’s economic development, and hence the regulations
governing the entry, stay and employment of migrant workers are minimal. The Ministry of Interior has
traditionally been responsible for immigration issues. A high percentage of foreign workers work in the oil

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sector and are relatively skilled, and the boom has also created a demand for lower-skilled workers in the
construction sector. Foreigners are authorized to enter, stay and work in Pontormo as long as they have
concluded an employment contract with a national employer.

Move to establish a quota system

The continued rise in unemployment during recent years has led a significant part of Pontormo’s political
class and the general public to think that too many foreigners reside in Pontormo and that therefore the
entry and stay of foreigners on the national territory should be more strictly controlled.

The government, following a proposal by the Inter-ministerial Committee on immigration (notably

composed of representatives of the Ministry of Labour and Ministry of Interior but located under the
Prime Minister’s office) decides on the establishment of a quota system. According to the Inter-ministerial
Committee the purpose of the quota will be to limit the number of foreigners employed on the territory of
Pontormo in order to promote jobs for nationals.

Ministry of Labour and Ministry of Interior organize a stakeholder meeting

A consultative meeting is organized by the Ministry of Labour and Ministry of Interior in order for them to
share opinions with the main stakeholders and to discuss the potential modalities of the envisaged quota
regime. The meeting is composed of representatives of the Ministry of Labour and Ministry of Interior;
representatives of trade unions; representatives of the employers’ association; and representatives of the
main associations defending the rights of migrants.

Group 3 position

Trade Unions. Trade Unions consider that the proposal is not well-founded. To the knowledge of the
Trade Unions there is no reliable data regarding the existence of labour shortages in the country. On that
basis, Trade Unions are opposed to the adoption of a quota system and ask for the adoption of what they
consider as better protection for national workers: a labour market test system.

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Module G, Session 2: Group activity. Discussing quotas in

Pontormo

ANNEX 3

Group 2 worksheet for small group activity (Ministry of Interior)

Aim of this activity:

This activity relates to quota systems in the fictional country of Pontormo. You will all be acting as officials
from 5 different ministries or from other stakeholders: the Ministry of Labour; the Ministry of Interior; Trade
Unions; the Employers’ Association; and associations defending the rights of migrants.

Each group should designate a spokesperson to represent the group during the “meeting” that we will
hold as part of this exercise. This meeting will be chaired by the spokesperson of the Ministry of Labour.

Small group activity:

• Each group has 15 minutes before the meeting to prepare their views on the questions outlined
below. After the first five minutes, discussions and pre-negotiations between the groups are allowed.

• The Ministry of Labour group will need to agree a brief outline of the quota system, clarifying:

- Will the quotas apply to all foreigners entering the country, or only to foreign workers?

- How often will the quotas be adopted? (Periodicity of the quotas’ adoption)

- Will the quotas be broken down, and if so, according to which criteria? (distinction between
regions, economic sectors, specific occupations, individual employers, nationalities, or through
the conclusion of bilateral labour agreements)
• The Ministry of Labour spokesperson will then present this system to the full group (max 5 min), and
chair the ensuing discussion.

• Other groups should prepare their views on those questions.

Full group activity:

Participants will then give their views on the Ministry of Labour spokesperson’s proposal (20 min)

Case Study: Discussing the quota system in Pontormo

Background

Pontormo is a country of approximately ten million people, and approximately 6,000 foreign workers who
are legally registered by the Ministry of Labour. Reports from the Ministry of Interior suggest that there
are many more foreign nationals working irregularly. Owing to an economic boom mainly fueled by oil
revenues, Pontormo’s GDP growth rates have been between 6 and 7% over the last five years. Pontormo
has a young population, and despite high growth rates unemployment rates have remained at more than
7.5%. Information provided by the Ministry of Labour suggests that there are shortages in certain sectors,
however no systematic information is provided by employers.

Pontormo has traditionally been a country which is open to foreign workers. Foreign workers are usually
seen as providing an opportunity for the country’s economic development, and hence the regulations
governing the entry, stay and employment of migrant workers are minimal. The Ministry of Interior has
traditionally been responsible for immigration issues. A high percentage of foreign workers work in the oil

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sector and are relatively skilled, and the boom has also created a demand for lower-skilled workers in the
construction sector. Foreigners are authorized to enter, stay and work in Pontormo as long as they have
concluded an employment contract with a national employer.

Move to establish a quota system

The continued rise in unemployment during recent years has led a significant part of Pontormo’s political
class and the general public to think that too many foreigners reside in Pontormo and that therefore the
entry and stay of foreigners on the national territory should be more strictly controlled.

The government, following a proposal by the Inter-ministerial Committee on immigration (notably

composed of representatives of the Ministry of Labour and Ministry of Interior but located under the
Prime Minister’s office) decides on the establishment of a quota system. According to the Inter-ministerial
Committee the purpose of the quota will be to limit the number of foreigners employed on the territory of
Pontormo in order to promote jobs for nationals.

Ministry of Labour and Ministry of Interior organize a stakeholder meeting

A consultative meeting is organized by the Ministry of Labour and Ministry of Interior in order for them to
share opinions with the main stakeholders and to discuss the potential modalities of the envisaged quota
regime. The meeting is composed of representatives of the Ministry of Labour and Ministry of Interior;
representatives of trade unions; representatives of the employers’ association; and representatives of the
main associations defending the rights of migrants.

Group 4 position

Employers’ Association. The Employers’ Association is opposed to quotas. The Association favours
keeping the present system, i.e. self-regulation of the market. The Employers’ Association would also
like to be able to pay migrant workers less than national workers and to deal with labour shortages by
increasing the number of permitted working hours for all workers.

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Module G, Session 2: Group activity. Discussing quotas in

Pontormo

ANNEX 4

Group 3 worksheet for small group activity (Trade unions)

Aim of this activity:

This activity relates to quota systems in the fictional country of Pontormo. You will all be acting as officials
from 5 different ministries or from other stakeholders: the Ministry of Labour; the Ministry of Interior; Trade
Unions; the Employers’ Association; and associations defending the rights of migrants.

Each group should designate a spokesperson to represent the group during the “meeting” that we will
hold as part of this exercise. This meeting will be chaired by the spokesperson of the Ministry of Labour.

Small group activity:

• Each group has 15 minutes before the meeting to prepare their views on the questions outlined
below. After the first five minutes, discussions and pre-negotiations between the groups are allowed.

• The Ministry of Labour group will need to agree a brief outline of the quota system, clarifying:

- Will the quotas apply to all foreigners entering the country, or only to foreign workers?

- How often will the quotas be adopted? (Periodicity of the quotas’ adoption)

- Will the quotas be broken down, and if so, according to which criteria? (distinction between
regions, economic sectors, specific occupations, individual employers, nationalities, or through
the conclusion of bilateral labour agreements)

• The Ministry of Labour spokesperson will then present this system to the full group (max 5 min), and
chair the ensuing discussion.

• Other groups should prepare their views on those questions.

Full group activity:

Participants will then give their views on the Ministry of Labour spokesperson’s proposal (20 min)

Case Study: Discussing the quota system in Pontormo

Background

Pontormo is a country of approximately ten million people, and approximately 6,000 foreign workers who
are legally registered by the Ministry of Labour. Reports from the Ministry of Interior suggest that there
are many more foreign nationals working irregularly. Owing to an economic boom mainly fueled by oil
revenues, Pontormo’s GDP growth rates have been between 6 and 7% over the last five years. Pontormo
has a young population, and despite high growth rates unemployment rates have remained at more than
7.5%. Information provided by the Ministry of Labour suggests that there are shortages in certain sectors,
however no systematic information is provided by employers.

Pontormo has traditionally been a country which is open to foreign workers. Foreign workers are usually
seen as providing an opportunity for the country’s economic development, and hence the regulations
governing the entry, stay and employment of migrant workers are minimal. The Ministry of Interior has

256
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traditionally been responsible for immigration issues. A high percentage of foreign workers work in the oil
sector and are relatively skilled, and the boom has also created a demand for lower-skilled workers in the
construction sector. Foreigners are authorized to enter, stay and work in Pontormo as long as they have
concluded an employment contract with a national employer.

Move to establish a quota system

The continued rise in unemployment during recent years has led a significant part of Pontormo’s political
class and the general public to think that too many foreigners reside in Pontormo and that therefore the
entry and stay of foreigners on the national territory should be more strictly controlled.

The government, following a proposal by the Inter-ministerial Committee on immigration (notably

composed of representatives of the Ministry of Labour and Ministry of Interior but located under the
Prime Minister’s office) decides on the establishment of a quota system. According to the Inter-ministerial
Committee the purpose of the quota will be to limit the number of foreigners employed on the territory of
Pontormo in order to promote jobs for nationals.

Ministry of Labour and Ministry of Interior organize a stakeholder meeting

A consultative meeting is organized by the Ministry of Labour and Ministry of Interior in order for them to
share opinions with the main stakeholders and to discuss the potential modalities of the envisaged quota
regime. The meeting is composed of representatives of the Ministry of Labour and Ministry of Interior;
representatives of trade unions; representatives of the employers’ association; and representatives of the
main associations defending the rights of migrants.

Group 5 position

Associations defending the rights of migrants. The associations are not opposed to the quota system
as long as the quotas apply only to migrant workers and not to all foreigners (including family members)
wishing to enter and stay in Pontormo. They also request that the quota system not distinguish by
nationality, and that it carefully define classifications such as ‘dependent’ or ‘head of household,’ as
these may affect men and women migrants’ access to work.

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Module G, Session 2: Group activity. Discussing quotas in

Pontormo

ANNEX 5

Group 4 worksheet for small group activity (Employers’ Association)

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Module G, Session 2: Group activity. Discussing quotas in

Pontormo

ANNEX 6

Group 5 worksheet for small group activity (Associations defending the rights of
migrants)

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Session 3: Assessing labour shortages

Suggested duration 15 min total

5 min Different types of labour shortages
5 min Causes of labour shortages
5 min Methods for estimating and projecting shortages
Summary
Methodology Presentation
You will need Flip chart, pen, Module G slides
Participants will need Copy of slides

Trainer note

The objectives of this Session are to indicate the different types of labour shortages and to provide
examples of methods for assessing them.

Information presented in this session should be delivered in relation to outcomes of Session 2’s exercise.
To this end, leave out any elements already covered in the Session 2’s summary; instead, expand on
areas where the Session’s outcomes indicated a need for further information.

Different types of labour shortages (5 min) Slides 9-10

• Highlight the distinction between aggregate labour shortages and shortages due to mismatches in the
labour market.

- Aggregate labour shortage: this type of shortage describes when there is (near) full employment, and
a general difficulty in finding workers to fill vacancies.

- Mismatch in the labour market: this type of shortage can coexist with substantial levels of
unemployment.

• Present the main types of mismatches (qualitative, regional and preference mismatches) using the
following points:

- Qualitative mismatch (or skills shortage) occurs when the qualifications of workers and the qualification
profiles of vacancies are not matched.

- Regional mismatch occurs when unemployed persons seeking work and firms offering suitable jobs
are located in different regions, and the jobs and/or workers are immobile.

- Preference mismatch describes a gap between the types of jobs that unemployed people are willing
to take and the existing vacancies that are available.

Causes of labour shortages (5 min) Slides 11-12

• In order to define policy responses, the analysis of a number of factors influencing supply and demand
in the labour market is required.

• Present the two main dynamics influencing demand for labour:

- Industrial effect, i.e. growth or decline in a particular sector or industry;

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- Employment effect, i.e. a shift in the occupational composition of employment in a particular

industry.

- Examples of industrial effect and employment effect:

o Industrial effect:

· E
 conomic growth. While this is an important factor, the relationship between economic growth
and demand for labour is particularly complex. For instance, economic growth may not
necessarily produce more jobs if it is accompanied by a rise in productivity.

· S
 tructural change. A typical effect of structural changes in the economy is the rise of
unemployment, i.e. skills surplus, in one shrinking sector (e.g. the agricultural sector) while
another, expanding sector (e.g. the service sector) faces skills shortages.

o Employment effect:

· International division of labour. The location of production and services exercises a significant
influence on demand for particular skills and occupations.

· T
 echnological change and innovation. These likewise can influence demand for particular
skills and occupations in particular areas.

• Present Factors influencing the labour supply:

- Population/demographic trends.

- Net immigration, demographic composition of flows, and rate of participation in the labour force.

- Education and training choices of individuals.

- Occupational preferences of national workers.

- Regional mobility of national workers.

Methods for estimating and projecting shortages (5 min) Slide 13

• Outline the different existing methods:

- Employer surveys:

o Common practice for estimating labour shortages. Includes surveys and employers’ reports
about requirements in certain sectors.

o In the UK, for example, the Employers Skills Survey of approximately 4,000 employers inquires
into the nature, extent, causes, and implications of skills deficits.

o Employer surveys have limits: Overambitious expectations of employers limit their predictive
potential.

- Research in labour sectors:

Governments can also conduct research into the situation in particular labour sectors – this may be
a more precise evaluation of the current situation relating to the labour market, but it may be less
efficient at assessing contraction or demand.

- Prediction of labour market shortages is more complex than estimating current shortages because
of national, regional, and global economic changes that can affect the labour market in unforeseen
ways.

- Highlight the importance of considering shortages in work which may be invisible are also considered
(e.g. care work; hospitality/catering; domestic work).

o Ignoring these areas may lead to policies which favour skilled and/or male migrants over potential

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unskilled migrants, many of whom are likely to be female.

o It is crucial to acknowledge these employment categories of the labour market to prevent them
from being filled by undocumented workers.

- More generally, all sources should include sex-disaggregated data in order to allow for assessments
in gender-segmented labour markets.

Summary
• Distinction between two types of labor shortages:

- Aggregate labour shortages.

- Mismatch in the labour market – which can coexist with significant levels of unemployment.

• Causes of labour shortages:

- Structure of the demand for labour (e.g. economic growth).

- Structure of the labour supply (e.g. demographical factors).

• Methods for estimating and projecting shortages:

- Employer surveys.

- Research in labour sectors.

• Complexity of anticipating labour shortages.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 103-105

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 285-296

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 27-28

Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf

Abella, M., “Policies and Best Practices for Management of Temporary Migration”, paper presented at the International Symposium on
International Migration and Development, 2006
Available at: http://www.un.org/esa/population/migration/turin/Symposium_Turin_files/P03_SYMP_Abella.pdf

Boswell C., Stiller S., Straubhaar T., “Forecasting Labour and Skills Shortages: How can Projections Better Inform Labour Migration
Policies”, paper prepared for the European Commission, Hamburg Institute of International Economics, Migration Research Group, 2004
Available at: http://www.hwwi.org/fileadmin/hwwi/Publikationen/Dossier/Demografie/Boswell_Stiller_Straubhaar_Forecasting_Labour_
and_Skills_Shortages.pdf

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Session 4: Policy options for responding to labour shortages

Suggested duration 5 min total

Methodology Presentation
You will need Flip chart, pen, Module G slides
Participants will need Copy of slides

Trainer note

The objective of this Session is to indicate to participants the different policy options for responding to
labour shortages, including both labour-migration and non-labour-migration means.

As with Session 3, information in this session should be delivered in relation to the outcomes of Session
2’s exercise. Leave out any elements already covered in Session 2’s summary; instead, expand on areas
where outcomes of Session 2 indicated a need for further information.

Policy options for responding to shortages (5 min) Slides 14-17

Highlight the following points Slide 15

- The existence of a labour shortage does not necessarily reflect a need for foreign labour.

- There are several ways to respond to labour shortages.

- Labour migration is one of the tools for filling labour shortages.

Possible responses that do not rely on migration Slide 16

- Increasing the capital- or technology-intensity of the production process.

- “Offshoring” or relocating to countries where labour costs are lower.

- Increasing working hours.

- Switching to production of less labour-intensive commodities.

Migration as a tool for filling labour shortages Slide 17

- Present the following arguments in support of migration as a tool for filling labour shortages:

o The growing importance of the knowledge-based economy makes it more important for workers
to have the necessary skills, a condition which may not be possible to meet through domestic
supply – at least not in the short to medium term.

o Where shortages result from an inflexible labour force – a reluctance of domestic workers to do
certain jobs, change occupations, or to relocate – it may not be socially or politically feasible to
solve this type of mismatch through domestic reforms.

o Demographic trends imply that there could be across-the-board labour shortages in the future,
necessitating an import of foreign labour to counter growing dependency rates. However,
immigration can only partially offset the negative effects of demographic changes in many

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industrial countries.

- Highlight the fact that labour migration also carries its own problems and risks:

o Large sections of the public opinion may be reluctant to let employers recruit foreign labour,
especially when labour shortages coexist with significant unemployment levels in the country.

o The management of labour migration is highly political field.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 103-105

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 285-296

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 27-28

Available at: http://www.osce.org/publications/eea/2009/05/37689_1289_en.pdf

The labour market test in France and derogations thereto

The labour market test procedure

The exercise of a salaried activity by a foreigner depends upon a complex and constraining procedure
that starts with the existence of a work contract between the potential migrant and an employer.

The employer must then present a dossier to the National Employment Agency, which publishes a similar
job offer in order to ensure that there is no suitable candidate within the local labour market (labour
market test).

The work authorization is issued by the Prefect according to the following criteria (Labour code, Art. R
341-4):

- Employment situation (both present and expected) in the considered profession and
geographical area;

- Respect for labour regulations by the employer;

- Equal treatment with national workers regarding conditions of employment and remuneration;

- Housing measures taken by the employer in favour of the foreign worker;

- The main criterion is undoubtedly the employment situation – assessed through the labour
market test.

Derogations to the labor market test

The Immigration and Integration Law 2006 provides an exception to the labour market test system with
regard to professional activities or geographical areas experiencing difficulties in recruitment.

These professions have been compiled in a list published by the Minister of Economy in its Regulation of
18 January 2008.

The Regulation designates for the 22 French metropolitan regions of France a number of professions for
which the labour market test is not required.

This shortage list only includes higher-level technical and a few university-level occupations.

Excerpts of the list of 29 professions for the capital Region – Ile-de-France:

- Distance-selling operator;

- Commercial attaché in semi-processed goods and commodities;

- Auditor;

- Computer specialist;

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- Merchandiser;

- Building equipment mechanic;

- Planner designer in electricity and electronic;

- Planner designer in mechanical construction and metal work;

- Building technician in mechanical construction and metal work;

- Draughtsman in public buildings and works sector;

- Maintenance worker in electronic;

- Geometer;

- Lift fitter and maintenance worker;

- Technician in wood and furniture industries.

Moreover, the administrative authorities are asked to examine with benevolence work authorization
requests related to highly skilled workers.
Source: Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009

Abella, M., “Policies and Best Practices for Management of Temporary Migration”, paper presented at the International Symposium on
International Migration and Development, 2006
Available at: http://www.un.org/esa/population/migration/turin/Symposium_Turin_files/P03_SYMP_Abella.pdf

Boswell C., Stiller S., Straubhaar T., “Forecasting Labour and Skills Shortages: How can Projections Better Inform Labour Migration
Policies”, paper prepared for the European Commission, Hamburg Institute of International Economics, Migration Research Group, 2004
Available at: http://www.hwwi.org/fileadmin/hwwi/Publikationen/Dossier/Demografie/Boswell_Stiller_Straubhaar_Forecasting_Labour_
and_Skills_Shortages.pdf

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Session 5: Tools for assessing and designating need for foreign

workers

Suggested duration 25 min total

25 min Labour market test, occupational shortage lists and quotas
Summary

Methodology Presentation
You will need Flip chart, pen, Module G slides
Participants will need Copy of slides

Trainer note

The objective of this Session is to present the different tools for assessing and designating the need for
foreign workers, and to discuss their respective advantages and disadvantages.

Information presented in this session should to be delivered in relation to outcomes of Session 2’s
exercise. Leave out any elements already covered in Session 2 Summary; instead, expand on areas
where outcomes of Session 2 indicated a need for further information.

Labour market test, occupational shortage lists and quotas (25 min) Slides 18-22

• Once labour market shortages have been identified, different policy tools are used to assess and designate
the levels of need for foreign workers, taking into account the possible impact of their admission on the
domestic labour force.

• Introduce the main tools:

- Labour Market Test

- Quotas

Labour market test Slides 18-20

• Present definition and main characteristics of labour market tests:

- The test serves to ascertain whether there are local workers available, either by requiring employers
to advertise the position for a set period of time, or to demonstrate they have taken active steps
towards recruiting local workers, or both.

- Labour market tests can coexist with quota systems.

- Most European destination countries, as well as Canada and the United States, apply a labour
market test to first-time applicants for a work permit, or to migrant workers already in the country
who wish to change jobs.

• Highlight the fact that the labour market test system is a minimal policy in terms of assessment and
designation of levels of need. It does not use the methods for detecting and projecting labour shortages
previously mentioned.

• Outline disadvantages of the labour market test system:

- The labour market test procedure takes time.

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- The labour market test requirement been criticized for being inappropriate amidst today’s increasing
competition for skilled workers: by the time the procedures are completed, as this argument goes,
local enterprises may already have missed out on opportunities.

• Occupational shortage lists are an additional tool that complements labour market tests and serves as a
possible solution to the slowness of the labour market test system.

- In order to face the constraint of the labour market test system’s slowness, a number of states (for
instance France, Norway, Spain and the U.K.) have introduced exceptions to the labour market test
for certain professions with shortages, such as health-care workers, engineers, teachers and ICT
specialists. For these fields, they either do not apply the test, or they relax the rules.

- Present the French and/or Spanish examples (textboxes below)

The Spanish occupational shortage lists and the impact of the global economic crisis

The mechanism of occupational shortage lists has been in use in Spain since 2005.

- Every trimester, Spanish public employment authorities use unemployment and job vacancy
data to draw up a list of potential shortage occupations at the regional level (“Catalogue of
Hard-to-fill Positions”).

- The social partners then review and approve the shortage occupations.

- Employers are then authorized to fill shortage positions without going through a labour market
test.

In 2008, more than 500 different occupations were specified in the Catalogue of Hard-to-Find
Occupations.

- Unlike in France, many are low-skilled, such as kitchen help, bricklaying and basic farm work.

However, as a result of the economic crisis, the Spanish shortage lists have been dramatically reduced
since the end of 2008.

- In October 2008, the Catalogue of Hard-to-Find Occupations contained 32% fewer occupations
than the previous list.

- Only specific qualified occupations remained (e.g. sports trainers, doctors, neurosurgeons,
dentists, nurses, and specialized mechanics).
Source: OECD, “Management of Low-Skilled Labour Migration” in International Migration Outlook – SOPEMI 2008; OECD,
International Migration and the Economic Crisis: Understanding the Links and Shaping Policy Responses” in International Migration
Outlook – SOPEMI 2009, 2009

Quotas Slides 21-22

• Present definition and main characteristics of the quota system:

- Quotas are fixed numerical limits for the admission of migrant workers into a country.

- Quotas can be set either as an actual fixed number of migrant workers to be admitted or as a
percentage of the total labour force.

- Quotas work mainly on an annual basis and are established in accordance with an estimate of labour
demand for the oncoming year (labour market tests, on the other hand, are conducted for each
migrant worker individually).

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- Quotas are commonly established at the central level of government, in coordination with different
stakeholders, such as employers, trade unions, regional authorities and civil society.

- Quotas normally distinguish between different regions, industries and employment sectors and can
also set a maximum ratio of foreign to local workers in individual enterprises.

• Outline advantages and disadvantages of the quota system:

- Quotas provide a clear reference framework on the admission of foreign labour for politicians,
administrators, employers, civil society and the general public.

- Disadvantages of quotas include their lack of flexibility and inability to respond to fluctuating labour
needs.

- Moreover, quotas tend to allow only for ‘sub-optimal’ admission of foreign workers (in other words, the
number of foreign workers allowed will tend to be less than the number that would have maximized
productivity).

- It should be possible, however, to devise more flexible quotas that can be revised during the year in
response to changing employer demand.

• Present the Slovenian and/or Spanish examples (textboxes below).

The quota system in Slovenia

The number of work permits granted per year to foreigners who wish to work in Slovenia is limited by
a quota defined by decree, adopted annually on the basis of the National Assembly’s Resolution on
Migration Policies.

The quota includes sub-quotas of employed workers, directed workers, workers on vocational and other
training, seasonal workers and workers performing individual services.

The quota varies from year to year. However, in general it cannot exceed five per cent of the working-age
population of Slovenia, as defined by the Statistics Office.

The work permit quota for 2007 limited the number of foreigners issued work permits to 18,500 (total
population: 2,019,406).

In addition to establishing quotas, the Government may also limit or prohibit employment of third-country
nationals in the fields of economy, companies and vocations, or limit the inflow of workers in general or
of those coming from certain regions, if it is in the public interest (for example, in case of, high levels of
unemployment).

Source: Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009

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 Module G

Power Point Module G:

Assessing the need for foreign labour

SLIDE 1 SLIDE 2

Module G:
Assessing the need Session I
for foreign labour Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

Module Aim By the end of this Module you will:

Module G aims to provide an

overview of:
Understand the processes and tools for assessing labour
shortages and demand for foreign labour

Tools to detect and project
labour shortages

Policy options to respond to
Understand the political and technical complexity of
labour shortages assessing and designating levels of need for foreign labour

Tools to assess needs for
foreign labour

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Module G

SLIDE 5 SLIDE 6

Session 1: introduction

Background information for this

Module:

Understand the processes and tools for assessing labour
shortages and demand for foreign labour
Session II

Assessing labour shortages is part of the formulation and
management of foreign employment practices
Group activity

A labour shortage does not necessarily mean a need for foreign
labour

Assessments need to take adequate account of gender

considerations

SLIDE 7 SLIDE 8

Session 5: Designating need for foreign workers Session 2: Group activity

Question activity Group activity

Discussing quotas in Pontormo

What tools are you familiar What tools do you currently
with for assessing and use in your own country? Discuss the pertinence of Discuss other means to
designating levels of needs the adoption of a quota respond to labour shortages
for foreign workers? system
Discuss the various ways
to establish quotas

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 Module G

SLIDE 9 SLIDE 10

Session 3: Assessing labour shortages

Aggregate labour shortages and

mismatches in the labour market

Aggregate labour shortage: near-full employment and a

Session III general difficulty in finding workers to fill vacancies

Assessing labour shortages
Mismatch in the labour market

 Can coexist with substantial levels of unemployment
 Qualitative mismatch: mismatch between the qualifications of workers
and the profiles of vacancies
 Regional mismatch: when workers and firms are located in different
regions, and the jobs and/or workers are immobile
 Preference mismatch: mismatch between the types of jobs that
workers are willing to take on and existing vacancies

SLIDE 11 SLIDE 12

Session 3: Assessing labour shortages Session 3: Assessing labour shortages

Factors influencing demand for labour Factors influencing labour supply

Population/demographic trends

Industrial effect: growth or decline in a particular sector or
industry

Net immigration and demographic composition

Employment effect: shift in the occupational composition of
employment in a particular industry
Education and training choices of individuals

Occupational preferences of national workers

Regional mobility of national workers

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Module G

SLIDE 13 SLIDE 14

Session 3: Assessing labour shortages

Methods for estimating and projecting

shortages

Employer surveys: Session IV
 Surveys/reports about requirements in certain sectors
 Limits: Overambitious expectations of employers Policy options for

Research in labour sectors responding to labour
More complex to predict labour shortages


shortages

Important to consider shortages in work that may be invisible
(e.g. care work, domestic work)

All sources should include sex-disaggregated data

SLIDE 15 SLIDE 16

Session 4: Options for responding to labour shortages Session 4: Options for responding to labour shortages

Policy options for responding to Responses that do not rely on

shortages migration

Increasing the capital- or technology- intensity of the
production process

The existence of labour shortages does not necessarily reflect a
need for foreign labour

“Offshoring” or relocating to countries where labour costs are
lower

There are several ways to respond to labour shortages

Increasing working hours

Labour migration is one of the tools for filling labour shortages

Switching to production of less labour-intensive commodities

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 Module G

SLIDE 17 SLIDE 18

Session 4: Options for responding to labour shortages

Migration as a tool for filling labour

shortages

In a knowledge-based economy, the necessary skills may Session V
not be available through the domestic supply
Tools for assessing and

Where shortages result from an inflexible labour force, it may
not be socially or politically feasible to solve this type of
mismatch through domestic reforms
designating need for foreign

Usually, immigration can only partially offset the negative
workers
effects of demographic changes

Large sections of the public opinion may be reluctant about

the recruiting of foreign labour

SLIDE 19 SLIDE 20

Session 5: Designating need for foreign workers Session 5: Designating need for foreign workers

Labour market tests Limits of labour market tests

The test serves to ascertain whether there are local workers
Labour market test procedure takes time
available either by:
 Requiring employers to advertise the position for a set period of time, or

It has been criticized for being inappropriate in today’s
 Requiring employers to demonstrate they have taken active steps
towards recruiting local workers, or
increasing competition for skilled workers
 Both

Occupational shortage list: a tool complementary to labour

Labour market tests can coexist with quota systems. market tests and a possible solution to the slowness of the
labour market test system

Most European countries, as well as Canada and the U.S.,
apply a labour market test to first-time applicants for a work
permit, or in case of change of job

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Module G

SLIDE 21 SLIDE 22

Session 5: Designating need for foreign workers Session 5: Designating need for foreign workers

Quota systems Advantages and limits of quota

systems

Quotas are fixed numerical limits for the admission of
Quotas provide a clear reference framework for politicians,
migrant workers into a country administrators, employers, civil society and the general
public.

Quotas are mainly established on an annual basis

Disadvantages of quotas:
 Lack of flexibility

Quotas are commonly established at central government  Quotas tend to allow only for ‘sub-optimal’ admission of foreign workers
level, in coordination with different relevant stakeholders

It is possible to devise more flexible quotas that can be

Quotas normally distinguish between different regions, revised during the year
industries and employment sectors

SLIDE 23

Thank you!

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Course 3
Developing labour migration policies in countries of destination

Module H
Module H
Designing labour
admission policies

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Module H

Module H: Designing labour admission policies

Suggested total duration: 1 h 30 min

Duration Session
5 min Session 1: Introducing Module H
20 min Session 2: Employment-based immigration systems
65 min Session 3: Temporary labour migration systems (including possibilities of
settlement)

Aim of Module H
Module H aims to provide an overview of the main policies regarding admission and residence of migrant
workers, including employment-based immigration systems and the various forms of temporary labour
immigration systems.

Learning outcomes for Module H

By the end of this module, participants will be able to identify best practices with regards to admission, stay,
and residence of migrant workers.

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 Module H

Session 1: Introducing Module H

Suggested duration 5 min total

Methodology Presentation
You will need Flip chart, pen, Module H slides
Participants will need Copy of slides

Introduce Module H (5 min) Slides 1-5

Trainer note

Module H is primarily about admission and stay policies developed and implemented by EU Member
States. However, attention is also given to employment-based immigration systems that serve as
inspiration to a number of EU Member States.

Explain aims and learning outcomes for Module H Slides 3-4

- To present an overview of existing admission/residence policies;

- In other words, to describe the conditions under which foreign workers are authorized to enter, work
and reside in countries of destination;

- To enable participants, by the end of this module, to identify best practices with regards to admission,
stay and residence of migrant workers.

Outline the two principal types of policies, employment-based immigration and

Slide 5
temporary labour migration

- Under an employment-based immigration system, migrant workers are granted permanent residence
status upon arrival in the country.

Such policies are implemented mainly by established countries of immigration (such as Australia,
the United States, etc.).

- Under temporary labour migration systems, admission of migrant workers is by definition for a
determined, temporary period.

o Nevertheless, different types of temporary labour migration systems exist. Temporary admission
may or may not allow for the possibility of settlement in the country.

o We will mainly present examples from EU Member States’ policies.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 101-134

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 296-306

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 28-41

Böhning, W.R., Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996

Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009
Available at: http://publications.iom.int/bookstore/index.php?main_page=product_info&products_id=512

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Module H

Session 2: Employment-based immigration systems

Suggested duration 20 min total

Introduce the topic

15 min Established countries of immigration

5 min European countries

Summary
Methodology Presentation
You will need Flip chart, pen, Module H slides
Participants will need Copy of slides

Introduce the topic

Trainer note

This session first presents an overview of admission schemes for permanent immigration for two
traditional countries of immigration, Canada and the United States of America. It then gives an overview
of such policies’ influence on a number of European countries.

• Outline the following points:

- Employment-based immigration is mainly organized by traditional countries of immigration, such as

Canada and the United States;

- Such policies are also a source of inspiration for a number of European countries.

Established countries of immigration (15 min) Slides 6-9

Generalities Slide 7

• Outline the following points:

- Established countries of immigration include Australia, Canada, New Zealand, and the United
States.

- The purpose of such employment-based immigration policies is to promote economic growth and to
ensure a stable population and labour force.

- Employment-based immigration policies are aimed mainly at skilled migrants.

- Data:

o In Canada (total population estimated over 33.8 million) in 2008, 149,072 workers were admitted
for permanent residence;

o In Australia (total population estimated over 21.9 million), for the period 2007-2008, 108,540
workers were admitted;

o In New Zealand (total population estimated over 4.3 million), for the period 2008-2009, 31,740
workers were admitted;

o In the United States (total population estimated over 307.8 million) in 2007, 166,511 workers
were admitted.

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 Module H

• It should be noted that the traditional countries of immigration also provide for temporary labour migration
schemes.

Two main systems for selecting permanent immigrants Slide 8

• The points system: a system based on supply, where admission of migrants is conditioned on the
obtainment of a certain number of points according to a number of criteria. A points system can be
based, for example, on assessments of education, of salary, of age, and/or of links to the host country.

• The demand system, where the procedure for admission relies on the initiative of the employer.

• The points, or supply-based, system is applied by Australia, Canada, and New Zealand, while the
demand-based system is applied in the United States.

• Present the Canadian and the US systems (textboxes below).

Admission for permanent residence in Canada

Immigration in Canada is primarily regulated by The Immigration and Refugee Protection Act (IRPA)
of 2001. Agreements between the federal government and the provincial governments also play an
important role and have given provinces (particularly Quebec) an important role in the selection of
migrants.

There are three main classes of entry for permanent status:

- “Economic” (skilled workers, business immigrants, provincial nominees, live-in caregivers, and
their immediate family);

- “Family” (family members of the sponsor); and

- “Protected persons” (including refugees).

We will focus on the following schemes: skilled workers and family.

Skilled workers

Skilled workers are people who may become permanent residents because they have the ability to
establish themselves economically in Canada.

The admission of skilled workers as permanent residents relies on a points system.

Canada’s points system was established under the 1976 Immigration Act. During the 1990s, it was
thought that a high percentage of immigrants were too dependent on welfare, despite passing the points
test.

The system was revised and IRPA introduced significant changes in the selection procedure for skilled
workers, placing more emphasis on education, previous work experience and language ability. These
modifications included:

- Allocating more points for applicants with a second degree or a professional qualification;

- Increasing the maximum number of points allocated for proficiency in English and French;

- Awarding points for applicants with one or two years of work experience in order to attract
young migrants with high levels of education but limited practical experience;

- Adjusting the age scale to award maximum points to applicants between the ages of 21 and 49;

- Reducing the pass mark to 75 points in response to concerns that too high a pass mark would
exclude many skilled immigrants. This pass mark has since been reduced to 67 points.

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Under the present regime, candidates to permanent admission must meet the following criteria:

- At least one year’s full-time work experience within the last ten years in a category specified on
the Canadian National Occupational Classification;

- Sufficient funds to support themselves and their family after arrival in Canada, unless they have
already secured employment;

- 67 or more in the six selection criteria:

o Education;

o Proficiency in the two official languages (English and French);

o Work experience; age (a maximum 10 points is awarded to applicants aged between 21 and
49 at the time of the application);

o Secured employment in Canada; and adaptability, assessed according to whether the

applicant has previously studied or worked in Canada or has family members living there.

Family

The rules relating to family reunion for migrants admitted as permanent residents are generous on the
whole. Migrants with permanent residence in Canada can be joined by family members, provided that
the migrants agree to sponsor these family members for a period of three to ten years, depending on the
relationship.

Persons eligible for family reunion are:

- Spouses, common-law or conjugal partners 16 years or older;

- Dependent children up to the age of 22;

- Parents and grandparents;

- Brothers, sisters, nieces, nephews, or grandchildren who are orphans, under the age of 18, and
unmarried or not in a common-law relationship.

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 Module H

Admission for permanent residence in the United States

The current “employment-based” entry categories for both permanent (“immigrant”) and temporary
(“non-immigrant”) admission are defined in the Immigration Act of 1990 (IMMACT 1990).

Persons admitted as permanent residents are granted a “green card,” a document giving the right to an
indefinite period of stay.

A minimum of 140,000 employment-based immigrant visas are available each year to principal applicants
and their spouses and children.

The preference system

The preference system gives an advantage to certain categories of (high-skilled) and imposes overall
limits on admissions:

- Preference 1: Priority Workers (40,000 visas)

Persons with extraordinary ability, outstanding professors and researchers, and certain
multinational executives and managers.

- Preference 2: Members of the Professions with Advanced Degrees and Aliens of Exceptional
Ability in the Sciences, Arts, or Business (40,000 visas)

- Preference 3: Skilled Workers, Professionals, and Other Workers (40,000 visas)

Skilled workers with at least two years of vocational training or experience, professionals with
the equivalent of a college degree, or less-skilled workers (limited to 10,000).

- Preference 4: Special Immigrants (10,000 visas, no more than 7.1 per cent of the worldwide
level)

Ministers of religion, persons working for religious organizations, foreign medical graduates,
foreign employees of the U.S. government abroad, and foreign retired employees of international
organizations.

- Preference 5: Employment Creation (Investor) Visas (10,000 visas, no more than 7.1 per cent of
the worldwide level)

Investors who invest at least US$1 Million (or $500,000 in rural areas or areas of high
unemployment) to create at least ten new jobs.

Procedure

All prospective immigrants planning to obtain immigrant visas through employment in the US must obtain
an approved immigrant visa petition from the US Citizenship and Immigration Services (USCIS).

In most cases (with the exception of the Preference 1 scheme), labour certification must be granted
by the US Department of Labor (DOL) before the employer can submit the petition, and the labour
certification is subject to DOL’s establishment that there are no US workers who are able, willing, qualified
and available for the employment offered to the foreigner (labour market test) and that the wages and
working conditions of similarly employed US workers will not be adversely affected.

Due to the duration of processing, which can take several years, employers tend to use temporary visa
categories to bridge the gap between the decision to hire the worker and the government’s grant of
permanent resident status.

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Module H

Assessment of employment-based immigration systems Slide 9

• Highlight the fact that it is difficult to identify which systems constitute a good practice because of the
differences in labour market needs and demographic circumstances in the considered countries.

• However, the establishment of a points system based on objective criteria is gaining acceptance as the
fairest and most transparent way of admitting permanent migrant workers.

• The points system can nevertheless show how policies that are formulated in a gender-neutral way, when
combined with larger societal factors, can lead to gender-selective outcomes (the same reasoning is
applicable to other admission schemes):

- The issue of age:

o In most points systems, extra points are awarded if the applicant is within a certain age range.

o This age limit can discriminate against women with young children who are unable to take up
full-time employment abroad at this stage in their lives, and are not given extra points when they
are later able to take up full employment abroad.

o Careful consideration should be given to age preferences, taking into account child-bearing time
in order to avoid unnecessary discrimination against female migrant applicants when comparing
age to career achievements.

- Women mainly admitted under family migration schemes:

o Women are usually less likely to enter as principal migrants and more likely to enter as
dependents.

o Given that men are more likely to acquire the skills that gain human capital points, more men
than women are processed as the primary migrant.

o For instance, in 2003 in Canada, only 28.5 % of primary applicants were women.

o In Australia and New Zealand, similar patterns can be observed.

o Such an issue goes far beyond admission regimes to reach inequalities between men and
women regarding education. Nevertheless, it is important that under admission and stay regimes,
spouses are granted the right to work and are provided as soon as possible with an independent
right to stay, regardless of the legal status of the sponsor.

• Policies to face concerns raised by the points system:

Present the Canadian example (textbox below):

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 Module H

Gender-Based Analysis in Canada as a Vehicle for Adjustment to the Points System

Background

The Canadian Federal government adopted in 1995 its Federal Plan for Gender Equality, which required
federal departments and agencies (including Citizenship and Immigration Canada – CIC) to conduct
gender-based analyses of any future policy legislation.

As a result, in 2002 the Gender-based Unit of CIC produced a “gender-based analysis chart” that
provides a summary of key policy or legislative issues that have a potentially negative impact on women.

In addition, the Canadian Minister of Immigration is required to submit each year an Annual Report to
Parliament containing a gender-based analysis of the impact of the Immigration and Refugee Act.

Changes in the points system

Results from the CIC 2002 gender-based analysis lead to a number of changes to the points system.

For example, under the current system there is no mention of occupation (thus eliminating the emphasis
on specific occupations that could exclude female-dominated sectors), while a greater number of points
has been allocated to education, language, and years of work experience.

One interesting aspect is that a maximum of 21 points, less than those for education and language
criteria, are allocated for years of work experience, so as to partially account for the difficulties that
women face in accumulating continuous years of work. CIC hopes that such changes will improve the
chances of female applicants by making the selection system for highly-skilled workers more equitable.

Another example of continuous policy analysis in this area is the announcement by CIC, in its Annual
Report to Parliament on Immigration of 2007, that a literature review on gender-based settlement needs
and barriers for new immigrants would assist with new “initiatives to refine newcomer services so that
they can reduce barriers, better serve needs, and improve settlement outcomes for both men and
women.”

Subsequently, in 2008 the Annual Report showed that the Department had considered the gender impact
during the development and selection criteria of one of its new programs (Canadian Experience Class,
2008), based on concerns raised during consultations with stakeholders, who suggested that the work
experience requirement could have a different impact on men and women.

As a result, CIC opted to “remove the obligation for the work experience requirement to be met with full-
time and continuous work.”

In general, emphasis on occupational demand has a tendency to benefit mostly males, since most
occupations sought after by countries of destination in developed countries (until the beginning of the
2000) were in male-dominated fields like finance, ICT, business management and medical professions.

We have yet to see how the current economic crisis and ongoing developments, such as demographic
changes, may influence future demand for female-dominated sectors, thus tilting the balance towards
women.

Source: OSCE, Gender and Labour Migration Trainer’s Manual, 2010.

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Module H

European countries (5 min) Slide 10

• Outline the following points:

- Employment-based immigration to Europe also occurs, but in a less explicit manner.

- A number of countries use the policies of established countries of immigration as sources of

inspiration.

- Such programmes generally target high-skilled workers.

- Points systems are increasingly adopted or considered in European countries.

- Specific programmes aim to facilitate settlement in the country in order to attract or retain high-
skilled workers.

- Nevertheless, European practices remain quite distinct from their models:

o Existing schemes are generally not based on granting permanent residence status at arrival
(with the exception of Germany).

o The mechanisms used are rarely fully implemented, and the scale of such programmes cannot
be compared to that of established countries of immigration.

• Explain that classical modes of settlement in European countries will be presented later.

• Present the German and/or the British example (textboxes below).

Permanent labour migration opportunities in Germany

Under the German Immigration Act, a permanent right of residence can be given, immediately after entry
into Germany, to specialists and executives with special professional experience who draw a salary
amounting to at least double the contribution assessment limit in the legal health insurance. (This income
limit was 85,500 EUR for 2006 and 2007.)

Only about 1,100 people benefited from this in 2005-2006, and the vast majority of these people had
already been in Germany with a temporary permit on other grounds.

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 Module H

The UK points-based immigration system (PBS)

Introduction
In 2008, the UK launched a new points-based immigration system (PBS), specifically designed to select
persons with skills that are considered beneficial to the national economy.
The system is based on the successful experience of other countries (Canada and Australia), and it aims
to be a fair, transparent and objective system that enables potential migrants to assess the likelihood of
their application’s success.
The PBS covers immigration for work and studies. It is composed of five “tiers":
Tier 1: highly-skilled workers;
Tier 2: skilled workers with a job offer from a UK-based employer;
Tier 3: low-skilled workers filling specific temporary labour shortages (currently suspended);
Tier 4: students;

Tier 5: temporary workers and youth mobility scheme.

Tier 1: highly-skilled workers

Tier 1 has four categories:
- General: for highly-skilled migrants looking for a job or wishing to become self-employed in the
UK;
- Investor: for people who are making a large investment in the United Kingdom;
- Entrepreneur: for people who are investing in the United Kingdom by setting up or taking over
the running of a business;
- Post-study: for people who are studying now or have studied in the past in the United Kingdom.
Foreigners who qualify under the PBS Tier 1 are granted unrestricted access to the UK labour market
without a job offer or work contract.
Access is granted for two years for post-study applicants and for three years for the other categories and
can lead to settlement.
Under Tier 1, 95 points must be accumulated in order to qualify.
- 10 points from a compulsory language test;
- 10 points for necessary funds to ensure maintenance in the UK;
- 75 points from attributes including age, previous salary, qualifications and UK experience.

Summary
• Employment-based immigration is mainly organized by traditional countries of immigration, although it
constitutes a source of inspiration for a number of European countries.

• There are two main systems for selecting permanent immigrants:

- The points system, based on supply;

- The demand-based system, relying on the initiative of employers.

• Although it is difficult to identify which systems constitute best practices, the points system has the
advantage of fairness and transparency.

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Module H

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 101-134

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 51-76; pp. 296-306

OSCE, Gender and Labour Migration Trainer’s Manual, 2010

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 28-41

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996

Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009
Available at: http://publications.iom.int/bookstore/index.php?main_page=product_info&products_id=512

286
 Module H

Session 3: Temporary labour migration systems (including

possibilities of settlement)

Suggested duration 65 min total

5 min Introduce the topic

10 min The common law of immigration within the EU Member States

10 min Discussion

25 min Specific schemes (with 10 min Discussion)

10 min Circular migration

5 min Summary
Methodology Presentation and Discussion
You will need Flip chart, pen, Module H slides
Participants will need Copy of slides

Introduce the topic (5 min) Slides 11-12

• Session aim:

Present an overview of different temporary labour migration systems: the variety of the existing schemes
within EU Member States;

• Regarding the example of EU Member States, outline the following points:

- Although practices vary between different EU Member States, there are significant common trends.

- Contrary to established countries of immigration, EU Member States grant temporary permits upon
arrival.

- These permits are generally renewable and, over time, lead to permanent residence permits.

- However, a distinction must be made between policies that admit migrant workers for a limited
period with the clear objective that they will return at the end of the specified period (e.g. seasonal
work) and more open labour migration schemes that allow for the possibility of settlement.

- EU Member States apply both types of policies.

- This first part of the session will consider:

o The “common” work permit scheme that usually leads to settlement after a number of years of
stay;

o Specific schemes, such as seasonal workers schemes and job-seekers permits;

o Circular migration.

The common law of immigration within the EU Member States (10 min) Slides 13-14

• Despite important differences between the 27 EU Member States, common trends are significant enough
that the term “common law of immigration” is not inappropriate.

• Explain that the distribution of work permits (or more generically, work authorization) is a common practice
among EU Member States and forms a centerpiece of the “common law of immigration":

- EU Member States use different systems to regulate labour migration. Most countries require either
a single permit to reside and to work or two permits - a residence permit and a work permit.

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Module H

- In all cases, common procedures require work authorization (either a work permit or a residence
permit for employment).

- For the purpose of simplicity, the common regulation system in EU Member States will be referred
to as “the work permit system.”

• Outline the following characteristics of the common law of immigration:

- Applications for admission are usually made outside of the considered country in response to a
formal job offer.

- Admission is usually granted after application of the labour market test, application of a quota
system, or both.

- Work permits are usually granted to the migrant worker (not to the employer).

- Work permits are often tied to a specific professional field, a region, or a specific employer.

- Work permits are time-limited (usually for a maximum of one or two years), but are generally
renewable.

- After a maximum of five years of legal and continuous residence, and under condition of stable
and regular income, migrant workers are entitled to permanent residence and to equal treatment
with nationals with regards to access to employment (notably, according to the Council Directive
2003/109/EC on the status of third country nationals who are long-term residents).

• Present the French example (textbox below):

The exercise of a salaried activity in France: the common regime

Work authorization and temporary stay permit

In order to exercise a salaried activity in France, the first step for a migrant worker is to obtain work
authorization while abroad.

The work authorization is delivered upon request by the potential employer and after application of the
labour market test.

The migrant worker then applies for a long-term visa, which is also known as immigration visa and is
delivered to foreigners who express the wish to stay in France for longer than three months.

The long-term visa justified by professional activity is granted after approval of work authorization and a
work contract.

Once the worker is on French territory, and when the work contract is for a period of more than 12
months, a temporary stay permit for “salaried employment” is delivered to the migrant worker, generally
for a period not exceeding one year.

When the work contract is for a period shorter than 12 months, a “temporary worker” permit is granted to
the migrant worker.

The temporary stay permit “salaried employment” regime

The permit is generally delivered for 12 months.

The permit authorizes change of employer.

The permit may have geographical or professional limitations.

As for renewal of the permit, the applicant must present a request prior to the expiry date of the permit
and must present a work contract or a promise of work contract.

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 Module H

When involuntarily deprived of his or her work at the moment of the renewal, the applicant is granted a
one-year temporary stay permit mentioning “salaried employment.”

After this first renewal, if the foreigner is still unemployed, the permit’s renewal can be rejected.

After two renewals, no geographical or professional limitations may be imposed.

The “temporary worker” permit regime

The permit is delivered for the same duration as the work contract.

The worker can only work for the employer mentioned in the permit.

The permit may have geographical limitations.

Renewal of the permit depends entirely on the existence of a work contract or a promise of employment.

Obtainment of permanent immigration status

The long-term residence permit is valid for ten years, with automatic right to renewal.

It gives full access to the labour market.

The common delivery regime of a long-term residence permit implements the Council Directive 2003/109/
EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.

The applicant must establish his/her regular presence in France for a period of five years prior to the
submission of the application.

Moreover, the applicant must prove stable and sufficient financial means.

A more recent and important requirement for long-term residence permits relates to the republican
integration of the applicant within French society.

Source: Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009

Trainer note

This Session contains two discussion themes: one focusing on the risks and disadvantages of the work
permits, the other focusing on measures to reduce the vulnerability of seasonal workers. You may decide
to use one or the other.

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Module H

Discussion Slide 15

Duration: 10 min

• Ask participants what they think the risks and disadvantages of the work permits, as granted by many
EU Member States, might be.

• Guide discussion, ensuring the following learning points are covered:

- Dependency: Tying the work permit to the employer may lead to dependency of the migrant
worker on a particular employer.

- Risk of exploitation: This may result in unproductive employment relationships and even to
exploitative conditions.

- Inefficiency: Excessively bureaucratic procedures impair the efficiency of the work permit
system.

- Discrimination: conditions for ‘stable and regular’ income (access to permanent status) may
result in discrimination against migrants more likely to work in insecure sectors.

Specific schemes (15 min) (25 min with discussion) Slides 16-19

• Introduce specific schemes with the following points:

- Some specific schemes are of strictly temporary nature (e.g. seasonal work) and thus offer less
protection than the common work permit system.

- Other schemes are more favorable to migrants than the common work permit system (e.g. schemes
for high-skilled workers).

- Some schemes can be considered as additional elements to the common work-permit system (e.g.
job-seeker permits).

Seasonal employment Slide 16

• Use the Migrant Workers Convention’s definition for “seasonal worker”:

- “A migrant worker whose work by its character is dependent on seasonal conditions and is performed
only during part of the year”.

• Outline the following characteristics of seasonal workers schemes:

- They can be a significant source of temporary migrant labour to the country.

- Most of the time, a work permit is required.

- Work permits are limited in time (between three and nine months; usually for a maximum of 6
months).

- In some countries, specific schemes are limited to nationals of countries with which there are bilateral
arrangements.

• Highlight the particular vulnerability of seasonal workers:

- Seasonal workers are often vulnerable to abuse, given the generally difficult jobs involved, isolation
in rural areas common to agricultural work, and the clearly temporary nature of their legal status in
the country.

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 Module H

Trainer note

This Session contains two discussion themes: one focusing on the risks and disadvantages of the work
permits (above), the other focusing on measures to reduce the vulnerability of seasonal workers (below).
You may decide to use one or the other.

Discussion Slide 17

Duration: 10 min

• Ask participants to suggest the kinds of protection measures they might adopt to reduce the vulnerability
of seasonal workers.

• Guide discussion, ensuring the following policy measures are covered.

Policy options to reduce the vulnerability of seasonal workers Slide 18

- Facilitated travel to the country of destination and upon return to the country of origin;

- Minimum or prevailing wage guarantees and safe working conditions;

- Access to health care and social protections;

- Provision (usually by employers) of suitable accommodation;

- Support from local labour inspectorate or other regulators and the right to join trade unions;

- The introduction of a multiple-entry permit for seasonal work in order to limit dependency on the
employer. Such permits allow seasonal workers to be employed for a certain number of months per
year over several years (in Italy and France such permits are valid for a maximum of three years);

- Possibility to change migration status (i.e. to benefit from the common law of immigration) and, after
a number of years, to obtain a permanent resident status.

• Present the French example (textbox below):

The French temporary stay permit for “seasonal workers”

The Immigration and Integration Law 2006 creates a specific temporary stay permit for “seasonal
worker.”

This permit allows for the exercise of work, for a period not exceeding six months, within a year. It is
granted for a maximum of three years and is renewable.

This permit was created in order to protect seasonal workers in a more efficient way by suppressing the
direct link between the work contract and the stay permit.

Consequently, seasonal workers should not be as dependent on their employer as they would have been
under the previous status.

Source: Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009

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Module H

Provisions for high-skilled migrant workers Slide 19

• Present the “paradox” of the treatment of high-skilled migrant workers in Europe:

- High-skilled workers constitute the major focus of the labour migration debate in Europe.

- There is a broad consensus amongst EU Member States that high-skilled migrant workers are
needed.

- While 85 % of unskilled labour goes to the EU and only 5 % to the US, 55 % of skilled labour goes
to the US and only 5 % to the EU.

- EU Member States wish to attract and retain high-skilled migrant workers.

- However, only six EU Member States have specific schemes for high-skilled workers (Czech Republic,
Denmark, France, the Netherlands, Ireland, and the UK).

- Moreover, these programmes, where existent, are rarely efficient. For instance, in France the stay
permit for “competences and talents” was created in 2006. At the end of September 2008, only 326
permits had been granted, far below the projections of the Ministry of Immigration.

• Outline the general characteristics of high-skilled migrant worker schemes:

- The selection system is either based on a points system (e.g. Czech Republic, UK) or on a more
discretionary basis (e.g. France).

- Existing schemes foresee facilitations, such as: easier access to temporary or even permanent
residence permits (e.g. Germany, Czech Republic), faster processing of the application (e.g. the
Netherlands), non-application of the labour market test (e.g. Belgium) or allocation of specific quota
space.

Job-seeker permits Slide 20

• We have seen that the system commonly employed by EU Member States requires that the third-country
national have secured a job before coming to the EU.

• The concept of job-seeker permits might help ease the pressures on employers hiring irregular migrant
workers.

• Present the Example of Spain:

- In 2000, Spain introduced a job-seeker visa, which allows third-country nationals to stay in Spain for
a period of up to three months to look for a job.

- The number of visas to be granted is determined by annual quotas.

• A number of EU Member States have a similar provision, although not exactly a job-seeker permit, for
third-country nationals who have graduated from educational institutions in the Member State (e.g. the
Netherlands, France, Ireland, Germany, and the UK).

Low-skilled migrant workers Slide 21

• With the exception of seasonal worker schemes, the admission of low-skilled workers follows the general
regime for the admission of foreign workers in the considered country.

• However, when the labour-migration policies of countries of destination focus on high-skilled workers, it
is important to emphasize the needs of labour markets for low-skilled migrants as well.

• Present specific elements related to low-skilled migrant workers, i.e., needs of the labour markets and
reluctant labour migration policies (textbox below):

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 Module H

Low-skilled migrant workers: needs of the labour markets and reluctant labour migration policies

While a priority of labour migration policies within the EU is to attract and retain highly-skilled migrants,
low-skilled migrant workers do not receive the same attention.

The presence of low-skilled migrant workers

In many EU Member States, migrant workers present an important share of the low-skilled workforce –
table below:

Source: OECD, “Management of Low-Skilled Labour Migration” in International Migration Outlook – SOPEMI 2008

The need for low-skilled migrant workers

EU Member States’ economies still require much low-skilled labour, in fields such as hospitality and
catering, care for children and the elderly, cleaning and maintenance, construction, agriculture, etc.

Due to the general decline in the working-age population, the to aging of the population and to increased
access to education for natives of destination countries, the demand to fill low-skilled occupations is
likely to grow in the future.

Labour migration is one way to partially meet this demand.

A general reluctance to recruit low-skilled migrant workers

Despite the increasing demand to fill low-skilled positions, most EU Member States have been reluctant
to recruit migrant workers. There are a number of reasons behind this reluctance, including the following:

Unemployment levels among less-educated workers have raised concerns about likely labour-market
outcomes for less-educated immigrants.

Other concerns address the expected impact of low-skilled immigration, such as the unemployment and
wage impact on resident workers and the issue of social exclusion.

A priority given to temporary work programmes

After the reluctance to recruit, one of the principal concerns among EU Member States with regards to
the recruitment of low-skilled migrant workers lies in ensuring the temporary character of such migration.

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Module H

Low-skilled migrant workers: needs of the labour markets and reluctant labour migration policies (Continued)

As a general observation, it must be noted that strict temporary labour migration programmes can only
be a partial solution to the needs of the labour markets within the EU Member States.

- This is due not only to human rights reasons but also to economic reasons.

- Such issues will be further developed within the section on circular migration.
Source: OECD, “Management of Low-Skilled Labour Migration” in International Migration Outlook – SOPEMI 2008

Circular migration (10 min) Slides 22-23

Trainer note

The topic of circular migration has been presented mainly in Module F: Enhancing migrant workers’
contribution to the development of countries of origin. The purpose of the developments below is to
present a few specific elements from the viewpoint of countries of destination.

• You may introduce the topic by recalling relevant elements from Module F: Enhancing migrant workers’
contribution to the development of countries of origin (for instance, the definition of circular migration).

• Context of emergence (or resurgence) of the circular migration concept on the side of countries of
destination:

- Reopening labour migration channels among EU member states:

o After a long period (starting with the 1973 petrol crisis) during which labour migration was frozen,
there has been a considerable change of mindset within the European political discourse.

· F
 or a number of reasons including demographic issues and, mainly, the necessity to respond
to labour market needs, the labour migration option is accepted again.

· T
 he world has changed in 30 years, and there is a need for new conceptual tools adapted to
contemporary realities. Circular migration can be one of these tools.

- Recall other elements of context:

o Preventing irregular immigration, a primary objective;

o Interest generated by the link between migration and development.

• Avoiding potential hazards:

- Highlight the two following guiding principles:

o It is dangerous to consider circular migration only through the prism of strict temporary
immigration.

o Circular migration must constitute a positive contribution to existing schemes, not a step back.

- Seasonal migration regimes must not be considered as a model.

o Seasonal migration naturally fits with circular migration.

o Nevertheless, it does not correspond to the contemporary concept of circular migration:

· The idea of a common benefit of migration is absent in traditional seasonal work schemes.

· T
 he status of the seasonal worker is particularly precarious and can easily lead to exploitative
practices.

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 Module H

- Strictly temporary labour migration programmes raise concerns from not only a rights point of view,
but also from an economic point of view:

o When the labour demand is not strictly temporary and when work experience improves
productivity, strictly temporary programmes do not meet employers’ needs.

o Such is the case for an important part of non-seasonal low- and medium-skilled occupations.

- Regarding highly-skilled workers, the perspective is reversed: the objective of EU Member States is
to attract and retain these workers.

o It is therefore a great challenge from a policy-development point of view to find the appropriate
balance between the interests of countries of destination, countries of origin and those of the
migrants themselves.

o In broad terms, it could be argued that what is needed is a new, systematic approach, where
conditions are created to:

· E
 nable the ethical recruitment of workers;

· F
 acilitate the movement of such workers;

· E
 ncourage the maintenance of linkages with their country of origin; and

· C
 reate attractive options for return.

o Each of these steps has been experimented with, but they are rarely found together in a
purposeful combination.

• Recall conditions for developing circular migration schemes beneficiary to the development of countries
of origin and the interests of migrant workers (Module F: Enhancing migrant workers’ contribution to the
development of countries of origin):

- Circular migration must be adapted to the labour market needs of countries of destination.

- Circular migration must be rights-based.

- Circular migration must provide a favorable context for return.

- Circulation migration must enable the acquisition and transfer of skills and knowledge.

• Present a selection of means and practices for successful circular migration schemes (see Module F:
Enhancing migrant workers’ contribution to the development of countries of origin):

- Information dissemination and training of migrant workers;

- Flexible work and stay / residence permits ;

- Skills upgrading and transfer of competences;

- Portability of social benefits and pensions;

- Generalized possibility of acquiring a second nationality.

- In the EU context, programmes should follow and build on the common law of immigration within
the EU Member States (i.e. possibilities to consolidate one’s immigration status and right to family
reunification).

- As a general remark, the best approach to promoting return for development is to offer returning
migrants incentives.

• Highlight the two following requirements for the development and implementation of successful and
balanced circular migration programmes:

- Cooperation through bilateral labour agreements (BLAs) between countries of destination and
countries of origin is crucial in order to develop and implement circular migration policies.

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Module H

- It must also be highlighted that countries of destination must play a proactive role in order for the
concept of circular migration to become a reality.

Summary (5 min)
• EU Member States legislations. Distinction between “common law of immigration” and specific
schemes:

- Common law of immigration:

o Foreigners are usually admitted on a temporary basis.

o Although admission is temporary, it is possible to consolidate one’s status.

o The more the foreigner stays on the national territory, the more rights he or she acquires –
including the right to permanent residence and the right to family reunification.

- Specific schemes:

o Seasonal employment:

· The status is generally particularly precarious and can easily lead to exploitative practices.

· It is crucial to grant work permits for several years, in order to diminish dependency on
the employer, and to provide the right to change immigration status and obtain permanent
residence status.

o Highly-skilled workers:

· A
 priority among EU Member States.

· N
 evertheless, there are few concrete regimes, and where existent, their efficiency is limited.

o Job-seeker permits:

· A
 way to prevent irregular migration.

• Low-skilled workers:

- With the exception of seasonal worker schemes, the admission of low-skilled workers follows the
general policy for the admission of foreign workers applicable in the considered country.

- There is a need for low-skilled migrant workers in most countries of destination.

- However, there is a general reluctance to recruit low-skilled migrant workers and priority is given to
given to temporary work programmes.

o This raises concerns in terms of the protection of migrant workers.

o Moreover, strict temporary labour migration programmes can only be a very partial solution to
the needs of the labour markets.

• Circular migration:

- Circular migration must be a positive contribution to existing schemes, not a step back.

- Conditions for successful and fair circular migration schemes:

o Circular migration must be adapted to the labour market needs of countries of destination;

o Circular migration must be rights-based;

o Circular migration must set a favorable context for return;

o Circulation migration must enable the acquisition and transfer of skills and knowledge.

296
Resources for facilitator preparation
Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 101-134
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 296-306
OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 28-41
Adam, C. and Devillard, A., Laws for Legal Immigration in the 27 EU Members States, IOM, 2009
Available at: http://publications.iom.int/bookstore/index.php?main_page=product_info&products_id=512
Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996
European Commission: Communication from the Commission to the European Parliament, the Council, the European Economic and
Social Committee and the Committee of the Regions of 16 May 2007 on circular migration and mobility partnerships between the
European Union and third countries, 16 May 2007 (COM(2007) 248 final)
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0248:FIN:EN:PDF
GFMD, Background paper, session 1.4. How can circular migration and sustainable return serve as development tools? 2007
Available at: http://www.gfmd-fmmd.org/fr/system/files/RT+1+4+Background+paper++en.pdf
Newland, K., Rannveig Agunias, D., Terrazas, A., “Learning by Doing: Experiences of Circular Migration” in Migration Policy Institute
Insight, September 2008
Available at: http://www.migrationpolicy.org/pubs/Insight-IGC-Sept08.pdf
OECD, “Management of Low-Skilled Labour Migration” in International Migration Outlook – SOPEMI 2008, 2008, pp. 125-159
Rannveig Agunias and D.,Newland, K., “Circular Migration and Development: Trends, Policy Routes and Ways Forward” in Migration
Policy Institute Policy Brief, April 2007
Available at: http://www.migrationpolicy.org/pubs/MigDevPB_041807.pdf

297
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 Module H

Power Point Module H:

Designing labour admission policies

SLIDE 1 SLIDE 2

Module H: Designing
labour admission Session I
policies Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

Module Aim
By the end of this Module you will:
Module H aims to provide an overview
of the main policies for admission and Be able to identify best practices regarding
residence of migrant workers,
including employment-based admission, stay and residence of migrant
immigration systems and the various workers
forms of temporary labour immigration
systems

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Module H

SLIDE 5 SLIDE 6

Session 1: introduction

The main types of admission policies

Employment-based immigration systems

 Migrant workers are granted permanent residence status on arrival Session II
in the country
 Such policies are mainly implemented by established countries of
immigration (Australia, the US, etc.)
Employment-based

Temporary labour migration systems
immigration systems
 Temporary admission with, or without a possibility of settlement in
the country
 Such policies are notably implemented by EU Member States
policies

SLIDE 7 SLIDE 8

Session 2: Employment based immigration Session 2: Employment based immigration

Established countries of immigration Established countries of immigration

(cont.)

Australia, Canada, New Zealand, and the United States
Two main systems for selecting permanent immigrants:

The purpose of employment-based immigration policies is
The points system, based on supply: admission of migrants
to promote economic growth and to ensure a stable is conditioned by the obtainment of a certain number of
population and labour force points according to a number of criteria

The demand system, where the procedure for admission

Employment-based immigration is mainly aimed at skilled
relies on the initiative of the employer
migrants

The Canadian and US examples

Traditional countries of immigration also foresee temporary
labour migration schemes

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 Module H

SLIDE 9 SLIDE 10

Session 2: Employment based immigration Session 2: Employment based immigration

Established countries of immigration European countries

(cont.)

Employment-based immigration occurs in a less explicit
manner
Assessment of employment-based immigration systems

Points systems are increasingly adopted/considered

Difficult to identify which systems constitute a good practice:
 Variations in labour market needs
Specific programmes aim at facilitating settlement in the
 Variations regarding demographic circumstances country in order to attract/retain high skilled workers

European practices remain distinct from models of

Nevertheless, the points system is gaining acceptance as established countries of immigration
the fairest and most transparent system  The mechanisms used by established countries of immigration are
 The points system and gender and age issues rarely fully implemented
 Policies to face such concerns  The scale of such programmes in Europe cannot be compared to
that in established countries of immigration

SLIDE 11 SLIDE 12

Session 3: Temporary labour migration systems

The EU Member States example:

generalities
Practices vary between different EU Member States but there
Session III are significant common trends:
Temporary residence permits granted upon arrival
Temporary labour migration


Permits are generally renewable and, over time, may lead to
permanent residence permits
systems
Distinction is to be made between policies that admit migrant workers
for a limited period and more open labour migration schemes that
allow for the possibility of settlement

EU Member States apply both types of policies

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Module H

SLIDE 13 SLIDE 14

Session 3: Temporary labour migration systems Session 3: Temporary labour migration systems

The common law of immigration : The common law of immigration :

common characteristics common characteristics (cont.)

Permit usually granted to the migrant worker (not to the

Work permits constitute a centerpiece of the common law of employer)
immigration

Permit often tied to a specific professional field, a region or a

Applications for admission are usually made outside of the specific employer
country in response to a formal job offer

Time-limited (usually for a maximum of one or two years) but
generally renewable

Admission is usually granted after application of labour
market test/application of quota system/both
After a maximum of five years of legal and continuous
residence, migrant workers are entitled to permanent
residence (Council Directive 2003/109/EC on the status of
third country nationals who are long-term residents)

SLIDE 15 SLIDE 16

Session 3: Temporary labour migration systems Session 3: Temporary labour migration systems

Specific schemes: seasonal

Discussion employment

Characteristics of seasonal employment schemes:
 Can be a significant source of temporary migrant labour to the country
 Most of the time, a work permit is required
 Work permits are limited in time (between 3 and 9 months; usually for
a maximum of 6 months)
 In some countries, specific schemes are limited to nationals of
countries with which there are bilateral arrangements

Risks and disadvantages of the work permit system
Seasonal workers are often vulnerable to abuse, given the
generally difficult jobs involved, isolation in rural areas
common to agricultural work, and the clearly temporary
nature of their legal status in the country

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 Module H

SLIDE 17 SLIDE 18

Session 3: Temporary labour migration systems Session 3: Temporary labour migration systems

Policy options to reduce the

Discussion vulnerability of seasonal workers

Facilitated travel to the destination country as well as return
to the country of origin

Wage guarantees and safe working conditions

Suitable accommodation

Access to health care and social protection

Support from local labour inspectorate or other regulators
What protection measures should be adopted in order to and the right to join trade unions
reduce the vulnerability of seasonal workers?
Multiple-entry permits for seasonal work in order to limit
dependency on the employer

Possibility to change migration status and, after a number of
years, to obtain a permanent resident status

SLIDE 19 SLIDE 20

Session 3: Temporary labour migration systems Session 3: Temporary labour migration systems

Specific schemes: Provisions for high-

skilled migrant workers Specific schemes: Job seeker permits

High-skilled migrant workers constitute the major focus of
the labour migration debate in Europe
A tool to help ease the pressures on employers to hire

Only a few EU Member States have specific schemes for irregular migrant workers
high-skilled workers (Czech Republic, Denmark, France, the
Netherlands, Ireland, and the UK)
The Spanish example:
 Introduction in 2000 of a job-seeker visa, which allows third-country

General characteristics of high-skilled migrant workers nationals to stay in Spain for a period of up to three months to look
schemes: for a job
 Selection system is either based on a points system (e.g. Czech  The number of visas to be granted is determined by annual quotas
Republic, UK) or on a more discretionary basis (e.g. France)
 Existing schemes foresee facilitation, such as easier access to
temporary or even permanent residence permits, non-application of
the labour market test, or allocation of specific quota space

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Module H

SLIDE 21 SLIDE 22

Session 3: Temporary labour migration systems Session 3: Temporary labour migration systems

Low-skilled migrant workers Circular migration

Context of emergence (resurgence) of the circular migration

With the exception of seasonal worker schemes, admission concept
of low-skilled workers follows the general policies for the
admission of foreign workers
Reopening labour migration channels among EU member
states

While countries of destination labour migration policies often
Preventing irregular immigration
focus on high-skilled workers, it is important to emphasize
the needs of labour markets for low-skilled migrants as well
Interest generated by the link between migration and
development

SLIDE 23 SLIDE 24

Session 3: Temporary labour migration systems

Circular migration (cont.)

Avoiding potential hazards
 It is dangerous to consider circular migration only through the prism
of strict temporary immigration
 Circular migration must be a positive contribution to existing Thank you!
schemes, not a step back

Conditions for developing fair and successful circular
migration schemes
 Circular migration must be adapted to the labour market needs of
countries of destination
 Circular migration must be rights-based
 Circular migration must set a favorable context for return
 Circulation migration must enable the acquisition and transfer of skills
and knowledge

304
Course 3
Developing labour migration policies in countries of destination

Module I
Module I
Protection of migrant
workers and integration:
policy options for countries
of destination

305
Module I

Module I: Protection of migrant workers and integration: policy

options for countries of destination

Suggested total duration: 3 h

Duration Session
5 min Session 1: Introducing Module I
1 h 20 min Session 2: Group activity: Developing migration policies in Patinir and Bronzina
35 min Session 3: Protection in employment
60 min Session 4: Social welfare, integration and social cohesion

Aim of Module I
Module I aims to provide an overview of:

• The relation between admission and residence regimes and the protection of migrant workers;

• The protection needs of migrant workers in destination countries, including their rights in the employment
context and rights guaranteeing their social welfare and access to social security;

• Measures related to the social cohesion and integration of migrant workers in destination countries.

Learning outcomes for Module I

By the end of this module, participants will:

• Have a better understanding of the relation between admission and residence regimes and the protection
of migrant workers.

• Be able to identify best practices regarding protection and integration of migrant workers in destination
countries.

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 Module I

Session 1: Introducing Module I

Suggested duration 5 min total

Methodology Presentation
You will need Flip chart, pen, Module I slides
Participants will need Copy of slides

Introduce Module I (5 min) Slides 1-5

Explain Module I aims to provide an overview of Slide 3

- The relation between admission and residence regimes and the protection of migrant workers;

- The protection needs of migrant workers in destination countries, including their rights in the
employment context and rights guaranteeing their social welfare and access to social security;

- Measures related to the social cohesion and integration of migrant workers in destination
countries.

Explain Module I learning outcomes Slide 4

- To have a better understanding of the relation between admission and residence regimes and the
protection of migrant workers.

- To be able to identify best practices regarding protection and integration of migrant workers in
destination countries.

Highlight the following elements regarding the relation between admission or

Slide 5
residence regimes and the protection of migrant workers

- For didactic reasons, the concepts of admission or residence regimes and protection of migrant
workers in countries of destination are sometimes separated.

- Nevertheless, it is important to bring together these two aspects of migration policies, which are in
practice inseparable:

o For migrant workers, admission in countries of destination, work conditions, and possibilities for
family reunification are all part of the same reality.

o For societies in general, admission or residence regimes and protection schemes are also a
single set where the different components act together.

o For instance, a certain type of admission regime naturally leads to a certain type of policy in
terms of family reunification.

o Other types of admission regimes inherently include certain risks with regard to working
conditions or, on the contrary, include certain protections for migrant workers.

• Present methodology of Module I:

- The present module is built around an exercise that brings together these different aspects of
migration policies.

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Module I

- Moreover, given the stage of the training, the aim of the exercise is also to bring together concerns
and interests of both countries of destination and countries of origin.

- The exercise is followed by complementary presentations meant to reinforce the outcomes of the
exercise.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 135-165

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 305-312

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 27-45

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996

308
 Module I

Session 2: Group activity: Developing migration policies in Patinir

and Bronzina

Suggested duration 1 h 20 min total

Methodology Group activity
You will need Flip chart, pen, Module I slides, Module H Designing labour admission
policies
Participants will need Copy of slides, Module I Session 2 Participant worksheet

Group activity Slides 6-7

Duration: 1 h 20 min

Introducing the activity

• Introduce activity by dividing participants into three groups corresponding to the three Ministries:

- Patinir Labour;

- Patinir Interior;

- Bronzina Foreign Affairs.

• Distribute relevant worksheet to each group.

• Explain to the group what the purpose of the exercise is – i.e., to identify and negotiate key legislative
and policy provisions between the states and ministries.

• Inform participants that they have 30 minutes to prepare the meeting. During this period, there will be
a 10 minute window – from 15-25 minutes, where discussions and pre-negotiations are authorized
between representatives of the groups.

• Explain that each group will give feedback on one scenario as described in the worksheets.

Feedback from groups (45 min)

• Group presentations:

- Presentation of each group’s key directions of Republic’s migration policy, the outline of the
national migration legislation and the means for its efficient implementation, including protection
of employment rights and social integration.

• Invite comments/discussion from all groups at the end of the presentations.

• Explain that the rest of the module will be composed of presentations reflecting and complementing
the work of participants. Three main elements will be covered:

- Issues regarding the choice of foreign labour admission policies (the purpose here is to recall
and complement elements developed in Module H, Designing labour admission policies);

- Issues regarding the protection of migrant workers; and

- Issues regarding integration facilitation of social cohesion.

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Module I

Module I, Session 2: Exercise: Developing migration policies in

Patinir and Bronzina

ANNEX

Participant worksheet

Case Study: developing migration policies in Patinir and Bronzina

You are a group of high-ranking officials of the Republic of Patinir’s Ministries of Labour and the Interior
and the Republic of Bronzina’s Ministry of Foreign Affairs.

Patinir has formed an Inter-ministerial Committee for Migration. The Parliament of the Republic gives
you the urgent task of establishing a coherent migration and employment policy, which would strengthen
the economic development of the state while decreasing irregular migration, improving the respect for
employment rights of migrant workers, and enhancing migrants’ integration.

At the next session of the Committee, the officials from Patinir’s Ministries of Labour and the Interior will
have to present the key next steps and dilemmas of Patinir’s migration and labour market policy, the
outline of the national migration legislation and the means for an efficient implementation, including the
protection of employment rights.

Moreover, the Terms of Reference of the Inter-ministerial Committee for Migration encourage cooperation
with other states of the region. During the next meeting of the committee, the representative of the
Ministry of Foreign Affairs of Bronzina will be invited to present that Republic’s concerns and suggested
issues for future co-operation.

Republic of Patinir: main facts

The Republic of Patinir is a large island located in the west of the Redonia region and has the region’s
second-largest population. The state is the most prosperous in the region of Redonia, and this makes it
very attractive for labour migrants from other states with less stable economies. As a result, at present
there are many citizens of neighbouring countries living in the Republic. However, the state still has a
strong need for foreign labour to support its economic growth, because its population is in decline due to
a low birth rate.

Diasporas of Ingrians and Bronzinians compose the vast majority of migrants residing in the Republic
of Patinir. Generally, Ingrians and Bronzinians are employed in low-paid jobs. Several influential NGOs
protecting the rights of migrants regularly underline what they consider a situation of “brain waste” as
numerous migrant workers from Ingria and Bronzina are employed in low-skilled occupations despite
diplomas obtained in their countries of origin. Employers are not particularly worried about the situation.
They are generally happy to hire cheap foreign labour and they readily use migrant workers from Ingria
and Bronzina even if they are in an irregular situation. Many Ingrians and Bronzinians were employed in
the once-booming construction sector, but are now being laid off in large numbers.

In practice, many Ingrians and Bronzinians do not leave the country at the end of their authorized stay
and continue to work for their initial employer, although in an irregular way. Such workers rarely complain
to police in cases of the non-payment of salaries or of bad working conditions. Altogether, this stimulates
an even bigger flow of migrants to the country.

Irregular migrants are not covered by the national labour code and all non-citizens are banned from
joining trade unions. Migrants, both regular and irregular, are often paid at a rate some 20% below the
going rate for jobs and also do not receive social security credits.

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Due to the economic crisis, a large number of workplaces are closing where migrant workers are
employed. These workers express the wish to remain in Patinir.

In addition, the large Bronzinian diaspora living in Patinir maintain close relationships with their historic
homeland. Many of them are citizens of Patinir, but they do not consider themselves as such and do not
participate in the political life of the state. In return, a great number of children of Ingrian migrant workers
face difficulties in school and numerous members of the diaspora – whether they are citizens of Patinir or
not – are victims of various forms of discrimination.

Your Task

In three groups, determine the key issues that you need to put on the negotiating agenda of the
committee and the main points you want to the committee to agree on. Propose three key policy or
legislative changes that you would like to see, and produce a compelling argument for implementing
them.

Republic of Patinir

Republic of Ingria

Republic of
Bronzina

MAP OF REDONIA

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Session 3: Protection in employment

Suggested duration 35 min total

5 min Introduce the topic

30 min Protection in employment

Summary

Methodology Presentation
You will need Flip chart, pen, Module I slides
Participants will need Copy of slides

Trainer note

Information presented in this session has to be delivered in relation to outcomes of Session 2’s exercise.

It is not necessary to present all the elements of the session if such elements have been treated through
Session 2’s exercise.

It might be necessary to develop in more details certain specific elements when the outcomes of the
exercise lead to it.

Introduce the topic (5 min) Slides 8-9

• Vulnerability and discrimination of migrants in national labour markets:

- In many destination countries, migrant workers regularly receive lower wages than nationals and
endure many difficulties, including unfavourable terms of employment, harassment, and inequitable
treatment with regards to promotion and training.

- Moreover, unemployment rates are usually higher among migrant workers than among the national
population.

- Such a situation requires strong protection of migrant workers in employment as well as strong
integration and anti-discrimination policies (this second aspect of policies will be examined in
Session 4).

• The importance of protection in employment:

- Highlight the importance of the stay and residence regime with regards to protection of migrant
workers:

o The possibility for migrant workers to change employers creates a favourable environment with
regards to protection, while tying the stay/residence permit to a specific employer increases
risks of exploitation.

o The absence of a strict link between the work contract and the stay/residence permit is also an
important protection measure: in other words, a migrant worker should not automatically lose
his or her residency right when unemployed.

o The right for migrant workers to be granted a secure residence status after a number of years of
stay also constitutes an essential protection.

- Highlight the fact that temporary migrant workers are frequently highly vulnerable. In many countries,
temporary migrant workers may find it difficult, if not impossible to:

o Change their employers or jobs;

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o Be reunited with their families;

o Gain secure residence status; and

o Access the full range of social security protections in the country of employment.

- However, it must be highlighted that international and regional standards relating to migrant workers
do not make significant distinctions between temporary migrant workers and other categories of
migrant workers in terms of their access to important employment and social rights.

Protection in employment (30 min)

Brain waste and lack of recognition of diplomas Slide 10

Outline the following points:

• Many migrant workers find it difficult to see their qualifications recognized and are employed in
occupations for which they are overqualified. This phenomenon of brain waste or de-skilling particularly
affects women.

• Brain waste issues are close to those concerning brain drain:

- Countries of origin spend educational funds on workers who then leave their home country to find
a job abroad.

- In terms of remittances, because these workers occupy low-skilled jobs, countries of origin lose out
even more through brain waste than through brain drain.

• Reasons for brain waste include the following:

- Brain waste is often related to irregular migration;

- Lack of recognition of diplomas and qualifications between countries of origin and countries of
destination.

• Policy options:

- Facilitate the recognition of diplomas and degrees awarded abroad;

- Provide opportunities that complement education obtained abroad and do not require re-entering
the education system from the beginning;

- Establish certified refresher courses for migrants who have been away from their trained profession
for a certain period of time;

- Offer on-site and distance/online courses that introduce migrant professionals to the technical
language and national specificities of a profession;

- Such measures should particularly target female migrants, who are disproportionately affected by
the brain waste phenomenon.

Rights within employment Slides 11-15

Highlight three main notions contained in international law (See Module B

Slide 11
International legal framework for the protection of migrant workers)

- Equality of treatment between regular migrant workers and national workers regarding employment
and occupation;

- Application of core universal human rights to all migrants, regardless of status;

- Application of main labour standards (including occupational safety and health, maximum hours of

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work, minimum remuneration, non-discrimination, freedom of association, and maternity leave) to all
workers, nationals, migrants, regardless of their status.

Highlight areas of particular concern regarding the protection of employment rights Slide 12

- One difficulty concerns the need to ensure that national labour laws are applicable to employment
sectors, such as agriculture and domestic work, that in some countries have been excluded, either
wholly or in part, from legal protection. This particularly affects women.

- More careful attention should be paid to the protection of a number of specific labour rights that
are more likely to be neglected in the context of temporary labour migration, such as security of
employment and access to vocational/ language training, and trade-union rights.

- Implementation of the existing national legal framework to migrant workers will often be a crucial
issue.

- Present the example of the right to vocational training in France (textbox below).

The right to vocational training in France

Article 6111.1 of the French Labour Code sets out the principle of equal access to vocational training by
all workers.

Nationals and migrant workers have equal rights to access to trainings either organized by their employer
or of their own choosing.

Vocational training is jointly financed by the state, employers, employer organisations, and trade unions.

Workers employed under a permanent contract have the right to access vocational training after one year
of employment with the same employer.

Workers employed under a fixed-term contract have the right to access vocational training after four
months of work (consecutive or not).

Employees are granted a right to a minimum of 20 hours of training per year. For example, a six-month,
fixed-term contract gives right to ten hours of training.

Highlight the importance of the rights of freedom of association and the

Slide 13
potential positive benefits that trade unions may bring

- The right to freedom of association is one of the most important human rights, without this right there
is less chance that labour rights will be respected.

- In the absence of political rights in the country of destination, trade unions can provide an important
means of representing migrant workers and ensuring that their rights are respected.

- Trade unions can work to mitigate tensions between migrant workers and host country workers,
both of whom may be their members.

- Trade unions and employers often work together on issues which particularly affect migrant workers,
like HIV and vocational training.

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Highlight the importance of the role of labour inspection Slide 14

- Labour inspection is a key supervisory tool for application of labour standards.

- Absence of labour inspection in sectors and workplaces attracting migrant workers is associated
with higher incidences of exploitation and abuse, as well as employment of unauthorized workers.

- Practical elements and management tools to extend labour inspection to migrant workers include:

o Referring to national legislation providing for inspection of all workers;

o Obtaining labour force and employment information indicating where migrants are employed,
and relevant data regarding compliance issues;

o Ensuring the capacity and skills necessary to extend labour inspection to worksites and sectors
where migrant workers are commonly employed;

o Establishing a specialized inspection unit and/or specialized training for labour inspectors to
ensure competency in addressing specific issues concerning migrant workers.

Highlight the importance of effective legislation and policy on

Slide 15
non-discrimination in the workplace

- Discrimination on grounds of sex and nationality will undermine any equitable labour market.

- Women migrants will often find themselves particularly vulnerable in low-skilled and temporary
employment, and the enforcement of their rights needs special consideration, as they are often
employed in the least regulated and unionized sectors.

- Outline the following components of a policy to combat discrimination in the workplace:

o Adoption of strong anti-discrimination legislation and monitoring services;

o Commitment of employers and trade unions to combat discrimination and to encourage the
exchange of tools to promote good practices.

Social security Slide 16

• Outline the nine branches of social security, as distinguished by ILO:

- Medical care;

- Sickness benefits;

- Maternity benefits;

- Invalidity benefits;

- Old-age benefits;

- Survivors’ benefits;

- Employment injury benefits;

- Unemployment benefits;

- Family benefits.

• Highlight that given the complex and technical character of social security, only a broad overview will be
presented.

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• Outline migrant workers’ three major interests with regard to social security rights:

- Entitlement to social security benefits on equal terms with national workers;

- Maintenance of acquired rights upon leaving the country (including the portability of benefits);

- Enjoyment of the rights acquired cumulatively in different countries.

• Access to social benefits on equal terms with national workers:

- Access to social security systems is varied.

- In most cases, when social security benefits are based on contributory payments, equality of
treatment between migrant workers and nationals is guaranteed.

o It must be noted, though, that in some countries, migrant workers cannot contribute to long-
term benefits, like old-age pensions. Such is the case in some Gulf states, such as Bahrain,
Oman, and Saudi Arabia.

o In such a situation, countries of origin may extend social security coverage to their nationals
abroad. Another possibility is the workers’ participation in old-age pension plans from private
companies.

- Access to non-contributory benefits (such as family or child benefits) may not be accessible to
migrant workers or may depend on the type of residence status.

- Mention must also be made of irregular migrants and regular migrants working in the informal sector,
whose access to social security benefits, if any, is very limited.

- Present the Spanish example (textbox below).

Access to social security benefits in Spain

Foreigners legally resident in Spain are not excluded from any branches of social security.

By virtue of Article 14(1) of Law 8/2000, they have the right to the benefits and services of the social
security system under the same conditions as Spanish nationals.

However, where Spanish workers in certain employment sectors are excluded, migrant workers are
excluded as well.

For example, all employees in the domestic services sector are excluded from the right to unemployment
benefits.
Source: Cholewinski, R., The legal status of migrants admitted for employment - A comparative study of law and practice in
selected European states, Council of Europe, 2005

• The issue of portability of social security benefits (possibility for migrant workers to move with their
entitlements):

- Portability of social security benefits can be regulated by bilateral agreements between countries of
destination and countries of origin.

o In this case, the transferability of acquired rights is guaranteed.

o However, bilateral agreements do not necessarily cover all benefits, so the degree of portability
may vary.

- Portability of social security benefits in the absence of bilateral agreements:

o In this case portability is organized unilaterally by the country of destination’s legislation.

o Legal regimes vary greatly from one country to another.

- Present the examples of Austria and Germany.

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Portability of social security benefits: The example of Austria and Germany

Austria

The Austrian regime generally envisages the portability of pensions to any country in the world, even in
the absence of bilateral agreements regulating the issue.

Health care benefits are by principle exportable only when a bilateral agreement contains provisions for
such. Such agreements have been concluded with Turkey and the countries of the former Yugoslavia.

However, the Austrian health system reimburses up to 80 per cent of the medical costs that Austrian
hospitals (or medical doctors) charge the Austrian public health insurance.

It must be noted though that since the Austrian health system is heavily subsidized, the costs that
hospitals charge to the public health insurance are only notional and do not reflect the actual, much
higher, costs.

Germany

Germany has concluded a number of bilateral social security agreements that include provisions
regarding health care benefits.

In the absence of bilateral agreements, the German legislation provides for the portability of pensions.
However, there is usually a reduction of 30 per cent in the determination of the replacement rate.

In the absence of specific provisions included in a bilateral agreement, there is usually no reimbursement
for health expenses incurred abroad.
Source: Holzmann, R., Koettl, J. and Chernetsky, T., Portability Regimes of Pension and Health Care Benefits for International
Migrants: An Analysis of Issues and Good Practices, Social Protection, Discussion Paper Series No. 519, World Bank, 2005

Summary
• Migrants are often vulnerable within the national labour markets. Therefore their protection in employment
is critical.

• Highlight the fact that their protection is often linked to their stay/residence status in the country of
destination.

• Rights within employment:

- International law recognises the equality of treatment between regular migrant workers and national
workers in regard to employment and occupation.

- Specific attention should be given to employment sectors, such as agriculture and domestic work,
that in some countries have been excluded, either wholly or in part, from legal protection.

- Specific attention should be paid to the protection of a number of specific labour rights that are more
likely to be neglected in the context of temporary labour migration, such as security of employment
and access to vocational/ language training, and trade union rights.

- Highlight the importance of labour inspection.

- Highlight the importance of effective legislation and policy on non-discrimination in the workplace.

• Recall migrant workers’ three major interests with regard to social security rights:

- Entitlement to social security benefits on equal terms with national workers.

- Maintenance of acquired rights upon leaving the country (including the portability of benefits).

- Enjoyment of the rights acquired cumulatively in different countries.

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• Highlight the importance of bilateral and multilateral agreements, especially regarding maintenance of
acquired rights.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 135-165

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 305-312

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 27-45

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996

Cholewinski, R., The legal status of migrants admitted for employment - A comparative study of law and practice in selected European
states, Council of Europe, 2005
Available at: http://www.coe.int/t/dg3/migration/Documentation/Legal_texts/Migrant_workers_Cholewinski_report_en.pdf

Holzmann, R., Koettl, J. and Chernetsky, T., Portability Regimes of Pension and Health Care Benefits for International Migrants: An
Analysis of Issues and Good Practices, Social Protection, Discussion Paper Series No. 519, World Bank, 2005
Available at: http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/0519.pdf

Kraal, K. and Roosblad, J., Equal Opportunities on the Labour Market for Immigrant People and Ethnic Minorities, IMISCOE Working
Paper No. 22, 2008
Available at: http://www.imiscoe.org/news/publications/documents/WP22EqualOpportunities.pdf

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Session 4: Social welfare, integration and social cohesion

Suggested duration 60 min total

Introduce the topic

5 min Defining integration; Goals of integration

50 min Indicators and policies for integration

5 min Summary
Methodology Presentation and Group activity
You will need Flip chart, pen, Module I slides
Participants will need Copy of slides

Trainer note

Information presented in this session should be delivered with the outcomes of Session 2’s exercise in
mind.

It is not necessary to present all the elements of the session if some elements have been treated through
Session 2’s exercise.

It might be necessary to develop certain elements in more detail when the outcomes of that exercise so
require.

Introduce the topic

• Highlight that although integration is often perceived as concerning only permanent migrants, it is
necessary, whether migration is temporary or permanent, for the following reasons:

- With regards to integration, the distinction between temporary and permanent residence is often
irrelevant, as many countries grant permanent status after a number of years of stay under a
temporary status.

- Integration is a long process, and the early stages of migrant workers’ residence in the host country
are of particular importance in this respect.

- Integration is to a large extent inseparable from migrant workers’ effective access to economic,
social and cultural rights and therefore concerns all migrant workers, regardless of their status.

Defining integration (5 min) Slides 17-18

Define the concept of integration by presenting the following conceptual models:

• Segregation: “no-way integration”.

- In the segregation model, migrants are not expected to adapt to the host society.

- This model has typically been applied to temporary migrants. Migrants are only required to adjust
minimally to their host society while the monocultural value system of the host society remains
untouched.

- Example: The Gastarbeiter programme in Germany, where migrants were not expected to integrate,
as they were supposed to return to their home countries once they stopped working in Germany.

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However, many stayed on and later brought in their families.

• Assimilation: “one-way integration”.

- Assimilation is a one-way approach, where migrants are encouraged to adapt to the customs,
traditions and attitudes of the host society.

- Migrants are expected to become indistinguishable from the majority population. Usually, this
approach leads to full citizenship, with the migrants merging into mainstream culture and adopting
the perceived national identity of the host society.

• Multiculturalism: “multi-way integration”.

- Multiculturalism is close to the integration model, but the process of integration aims for cultural
diversity.

- Rather than creating a common culture shared by migrants and the host society, multiculturalism
leads to a diversity of cultures existing side by side.

- Multiculturalism differs from integration and assimilation by granting equal rights and opportunities
to migrants without their relinquishing other cultural affiliations.

- Example: The Netherlands, the UK, Canada and Australia used to follow a multicultural approach.
However, many countries are moving away from it as it is criticized for leading to self-segregation of
certain groups.

• Integration as it is widely understood now: “Two-way integration”.

- While the term is understood differently in different contexts, “integration” can be taken to denote a
two-way process where the members of the host society and the migrants both adjust.

- Under this approach, both the migrant and the host society contribute to the development of a
common culture.

• Highlight that there is no one-size fits all model and that every state needs to find a solution that suits its
needs best.

- National priorities and national identity often are the strongest factors that determine the way
governments respond to integration issues. Governments seek to ensure the social stability and
well-being of their nationals.

- Nonetheless, attempts can be made to identify “effective” or “promising” practices that provide a
range of options for policymakers to consider for their country-specific approach to integration.

Goals of integration Slide 19

• On the one hand, the host society has a responsibility to ensure that the rights of migrants are in place
in such a way that the individual has the opportunity to participate in economic, social, cultural and civil
life.

• On the other hand, migrants should respect the fundamental norms and values of the host society and
participate actively in the integration process, without having to relinquish their own identity.

• Composition and values of society differ from country to country, thus the people who are the subject of
integration measures may vary. And whatever approach is chosen, it is meant or designed to:

- Allow migrants to realize their personal, economic, and social potentials;

- Ensure that the human rights of migrants are protected;

- Reduce levels of alienation and marginalization;

- Help establish and maintain social cohesion and harmony.

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Indicators and policies for integration (50 min) Slides 20-21

Group Activity Slide 20

Duration: 10 min preparation / 40 min discussion

• Introduce the activity:

- Divide participants into their working groups and ask them to:

o Identify integration indicators, i.e. factual elements that show the success or failure of
integration of migrant workers;

o Identify policies to address the different aspects of integration showed by the indicators.

- Explain that participants have ten minutes to prepare their answers.

• Collect answers on a flip chart and open general discussion using the following elements of guidance.
These elements are only a selection of indicators and policies and are by no means exhaustive.

Indicators and policies for integration (elements for discussion) Slide 21

Economic life
Indicators: employment rates of migrant workers and levels of wages, in comparison with national workers.

• Employment is a central component of integration of migrant workers in the host society.

• Situation of migrant workers in labour markets of countries of destination:

- Recall relevant elements from previous session: general vulnerability and frequent discrimination.

• Policies aiming at integration in the labour market:

- Recall relevant elements from previous session: the importance of protection in employment, including
vocational training, trade union rights, labour inspection and anti-discrimination measures.

Language proficiency and knowledge of the country’s culture

Indicator: proficiency level of migrants in the language of the host country provides an important insight into
integration.

• Knowledge of the language is central to the integration of migrant workers into the host society. Knowledge
of the country’s history and institutions also favours integration.

• Countries of destination should organize introduction programmes in order to allow migrant workers to
learn the language and gain knowledge of the host society.

- Language teaching is the centrepiece of introduction programmes.

- Besides language teaching, introduction programmes often have a “civic knowledge” component
that gives an overview of the functioning and values of the host society.

- Local authorities, social partners, NGOs, and migrant associations should be associated in the
design and implementation of introduction programmes.

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Housing
Indicators: the area of residence, the level of community concentration, as well as the quality of the housing
itself, all show to what extent migrants are integrated in the host society.

• Access to housing:

- Migrants commonly face discrimination in the housing market. For example, homeowners may
be reluctant to sell or rent to migrants, may ask for excessive rent, or may require unnecessary
documentation and references.

- A sound policy measure is to require employers to provide or organize accommodation for first-time
entrants. Such is the case in France, where the granting of the first residence permit for employment
purposes is subject to the proof that the employer has taken necessary arrangements to provide
housing to the considered migrant worker.

- Equal access to state-subsidized housing should be granted to nationals and migrants.

- Priority should be given to effective implementation of anti-discrimination laws.

o Present the Hamida and Audrey Brahmia case, Grenoble Criminal Court, 14 September 2004
(textbox below).

An example of judicial implementation of anti-discrimination laws

The Hamida and Audrey Brahmia case, Grenoble Criminal Court, France

14 September 2004

In this case, the court convicted a landowner of racial discrimination based on article 225-2 of the Penal
Code for refusing on the grounds of race to sell a piece of land.

After having accepted an offer for the sale of a piece of land, the owner refused to complete the
transaction, arguing that he was afraid of provoking problems with the neighbours because the buyer
was ‘Arab.’ After requesting a copy of the buyer’s marriage certificate in order to verify his ‘good
behaviour’ and photographs of the wedding to evaluate his demeanour, and after asking for a higher
price and reducing the surface area to be sold, he still refused to complete the transaction, raising
technical problems and estate and property law problems to prevent the sale’s completion.

The landowner was sentenced by the Grenoble Criminal Court but appealed the decision. On October
27, 2005, the Court of Appeals increased the verdict to a six-month suspended sentence, together with a
6000 Euro fine and the requirement that the conviction be published in the real estate sections of the two
major local papers and the most important publication of the real estate industry, la Revue Bleue.

Source: European Commission, Handbook on Integration, second edition, 2007

• Integration in the urban environment:

- In numerous countries of destination, spatial segregation and “ghettoization” of migrant workers is

a common and often old phenomenon.

- Such a situation poses major problems for the integration and social cohesion of migrant workers:

o Spatial segregation of migrant workers impedes contact and social mixing with the national
population.

o The concentration of migrant communities in substandard residential areas is directly linked to

unemployment and discrimination.

o The existence of such residential areas reinforces marginalization and stigmatization of migrant
workers.

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- Policies in this field relate to urban planning and should be based on cooperation between the state
(including local public authorities), the private sector, and NGOs.

Access to health
Indicators: the state of health of migrant workers and the state of their effective access to health services
constitute integration indicators.

• Health plays an important role in the integration of migrant workers: illness impedes integration, and
likewise, marginalization of migrant workers has detrimental consequences on their health.

• Respect for the right to health is imperative for all types of migrants, including, a fortiori, the most
vulnerable, such as seasonal workers and irregular migrant workers.

• The state of health of migrant workers: what risk factors?

- A number of risk factors potentially concern all migrants:

o Acculturation stress;

o Loss of a familiar environment and support circles; the difficulty of recreating them in the host
country;

o Discrimination.

- Moreover, migrant workers are often victims of socio-economic disadvantages.

o Migrant workers are often employed in risky occupations. Studies have shown that in Europe,
migrant workers are victims of occupational accidents about twice more often than national
workers.

- However, such observations on migrant workers’ vulnerability should not be over-generalized.

o Highly-skilled migrants and irregular migrant workers can be seen as the two extremes of the
spectrum of health vulnerability.

o Moreover, due to a number of cultural and religious factors, as well as the controversial “healthy
migrant effect” (those who migrate tend to be among the youngest and fittest in their country),
migrant workers’ state of health can actually be better than that of host population.

• Access to health services:

- Recall that general international human rights law provides for the right to health care without any
distinction based on nationality or legal status.

- Therefore, countries must adopt a legal system that conforms to these international law
prescriptions.

- Beyond this formal recognition of the right to health, it is essential that national policies offer to
migrant workers real and effective access to health services.

- Such policies need to overcome a number of barriers that impede migrant workers’ access to
health services. A major barrier is the frequent lack of trust of migrants in the host country’s health
system.

o A number of migrant workers may not be familiar with the medical approach of the country of
destination.

o Insensitivity of health services to migrants’ cultures may create significant barriers to access.

• Policies to improve access of migrant workers to health services:

- Developing culturally sensitive health policies;

- Training health staff in intercultural communication;

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- Assisting migrant workers in gaining awareness and confidence in the health system;

- Supporting activities of NGOs in this field.

Education
Indicators: performance of migrants’ children in school, including failure or drop-out rates; rate of access to
higher education.

• Education is a fundamental tool for integration and a means to acquire knowledge, skills, attitudes that
are essential for integration into the social structures of the country of destination.

• Educational levels of migrant workers’ children:

- It is generally recognized that educational levels of immigrant populations in industrialized countries

have risen over time. However, such improvements are slower among immigrant populations than
among the national population.

- Moreover, immigrant populations often face higher rates of school failure than the national population.
Migrant workers’ children are also over-represented in vocationally oriented programmes and in
special education.

- Such situations have negative consequences, such as limitation of opportunities to access the labour
market, higher unemployment rates, and higher risks of marginalization.

• Universal human rights standards proclaim that everyone has the right to education and that, at a
minimum, access to primary or elementary education should be free to all children without any distinction
whatsoever.

• In order to fully respect the prescriptions of international law, countries must look beyond the adoption of a
legislation guaranteeing formal equality in order to seek real equality between nationals and foreigners.

• Give an overview of policies adopted in Europe in order to give to migrants’ children true access to
education:

- Two main models can be identified.

- A model based on immediate integration in the education system:

o Migrants’ children are immediately in contact with children of the country of destination.

o In addition, support measures are adopted, aimed at aiding the acquisition of the country of
destination’s language.

- A model based on separation:

o Separation can be temporary. In this case, migrants’ children are removed from a number of
classes for a limited period of time, in order to receive an education adapted to their needs.

o Medium/long-term separation. In this case specific classes are formed, according the children’s
linguistic competences, for a period of time that can reach a number of years.

- Among European countries, the most common systems are first direct integration and second
temporary separation.

- It must be highlighted that there is no ideal system and that guaranteeing true access to education
to migrants’ children is an arduous task.

Political and civic life

Indicators: Membership in associations, unions, and political parties can serve as an indicator for social and
political integration.

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Highlight the fact that in the frequent case of absence of political rights granted to foreigners, participation
in trade unions and associations is an important means of representing migrant workers, as well as, more
generally, an important means for integration in social life of the host society.

Social life

Indicators: Well-being and the participation of migrants in the social life of the host society; the number of inter-
group marriages between migrants and locals, for instance, is an important indicator for social acceptance
and inclusion.

• Highlight the very general character of this aspect of integration, which refers to the implementation of
already-mentioned policies, such as education and housing policies, as well as protection in employment,
including social security rights.

• Highlight that a fundamental mechanism for achieving well-being and the participation of migrants in the
social life of the host society is to offer the possibility of permanent residence to migrant workers after
a reasonable number of years of stay in the country (recall relevant elements from Module H: Designing
labour admission policies).

• Highlight the importance of family reunification.

- Although family reunification does not constitute an indicator of integration per se, it is an indispensable
instrument for integration.

- Present the European Union policy on family reunification (textbox below).

Family reunification: the Example of the European Union.

The right to family reunification is recognized by the European Court of Human Rights, the European
Court of Justice and Council Directive 2003/86/EC.

Key features of Council Directive 2003/86/EC:

Only applicable to third-country nationals holding a residence permit of one year or more and with
“reasonable prospects of permanent residence.”

Only the spouse and minor children have a right to join the sponsor (EU Member States may admit other
family members).

Member States may impose conditions for family reunification, such as the possession of
accommodation, sickness insurance, and stable and regular resources.

Member States may also impose a waiting period for up to two years and restrict the admission of family
members on the grounds of public order, public security or public health.

Characteristics of EU Member States:

Most Member States authorize holders of temporary stay permits to apply for family reunification.

In Germany, Austria and Denmark for example, applicants must have a permanent residence permit.

All Member States authorize family reunification with the spouse and minor children of the sponsor.

A number of member States also open family reunification to the parents of the sponsor or his/her
spouse (e.g. the Netherlands, Czech Republic, Italy, etc.).

A number of member States also open family reunification to the partner of the sponsor (e.g. Belgium,
Denmark, Finland, Portugal, UK, etc.).

A number of Member States impose conditions of integration to the exercise of the right to family
reunification.

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• Highlight the fact that in the context of gender issues, it is crucial that the spouse of the sponsor is given
access to the labour market and benefits, and as soon as possible to a stay / residence permit that is
independent from that of the sponsor.

Facilitating the access of migrant workers and their families to public services: the
Portuguese example
• If there is time, present the example of the Portuguese National Immigrant Support Centres.

The Portuguese National Immigrant Support Centres

The Portuguese High Commission for Immigration and Intercultural Dialogue (ACIDI, I.P.) runs two
National Immigrant Support Centres (CNAIs) in Lisbon and Porto.

The CNAIs provide a number of government and support services under one roof, with services directly
provided by socio-cultural mediators who are usually themselves from an immigrant background.

This is an innovative project in terms of spatial design, prioritizing the comfort of the visit for migrants,
proximity to the immigrant provided by the socio-cultural mediators, and coherent resolution of issues
through a shared data management system.

The Lisbon CNAI involves six government agencies from five ministries (Foreigners and Borders Service,
Working Conditions Authority, Social Security, Regional Health Administration, Regional Directorate
of Education and the Central Registry Office), together with other innovative support services to meet
the concrete needs of immigrants, such as support offices for family reunification, legal advice and
employment.

86 socio-cultural mediators work at the Lisbon CNAI, employed by non-governmental immigrant

associations through protocols with ACIDI, I.P. These mediators help migrants access the services
they require, using their experience in intercultural communication to bridge migrants and the services
represented at the CNAI. The staff of these services also receive specific training on providing services to
migrants. The participation of civil society institutions, as partners in the management of this project, can
bring about important outcomes, as the development of immigrant integration policies becomes a shared
responsibility.

These two National Immigrant Support Centres are reinforced by a network of 80 Local Immigrant
Integration Support Centres (CLAIIs), which provide local information services and a direct link to the
CNAIs.

Source: http://www.oss.inti.acidi.gov.pt/

Summary
• Recall indicators for integration:

- Economic life:

Employment rates of migrant workers and levels of wages, in comparison with national workers.

- Housing:

The area of residence, the level of community concentration, as well as the quality of the housing
itself, all show to what extent migrants are integrated in the host society.

- Access to health:

The state of health of migrant workers and their effective access to health services constitute
integration indicators.

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- Education:

Performance of migrants’ children in school, including failure and drop-out rates, and rate of access
to higher education.

- Political and civic life:

Membership in associations, unions, and political parties can serve as an indicator for social and
political integration.

- Social life:

o Well-being and the participation of migrants in the social life of the host society; the number of
inter-group marriages between migrants and locals, for instance, is an important indicator for
social acceptance and inclusion.

o Although family reunification does not constitute an indicator of integration per se, it is an
indispensable instrument for integration.

• Highlight that integration is an essential aspect of effective migration management and that only by
successfully integrating migrants into the host society, they will become active members in the economic,
social, cultural and political life of host states.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 135-165

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 305-312

OSCE, Guide on Gender-Sensitive Labour Migration Policies, 2009, pp. 27-45

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996

Böhning, W. and R. Zegers de Beijl, R., The integration of migrant workers in the labour market: Policies and their impact, ILO, 1995
Available at: http://www.ilo.org/public/english/protection/migrant/download/imp/imp08e.pdf

Cholewinski, R., The legal status of migrants admitted for employment - A comparative study of law and practice in selected European
states, Council of Europe, 2005
Available at: http://www.coe.int/t/dg3/migration/Documentation/Legal_texts/Migrant_workers_Cholewinski_report_en.pdf

Cholewinski, R., “Migrants as Minorities: Integration and Inclusion in the Enlarged European Union” in JCMS 2005

European Commission, Handbook on Integration, first edition, 2004

Available at: http://ec.europa.eu/justice_home/doc_centre/immigration/integration/doc/handbook_en.pdf

European Commission, A Common Agenda for Integration Framework for the Integration of Third-Country Nationals in the European
Union, 1 September 2005 (COM(2005)0389 FINAL)
Available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2005:0389:FIN:EN:PDF

European Commission, Handbook on Integration, second edition, 2007

Available at: http://ec.europa.eu/justice_home/doc_centre/immigration/integration/doc/2007/handbook_2007_en.pdf

Fonseca, M. L. and Malheiros J. (eds.), Social Integration and Mobility: education, housing and health, IMISCOE Cluster B5 state of the
art report, 2005
Available at: http://dare.uva.nl/document/21041

Taran, P., Ivakhnyuk, I., da Conceição Pereira Ramos, M., and Tanner, A., Economic migration, social cohesion and development:
towards an integrated approach, Council of Europe, 2009

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Power Point Module I:
Protection of migrant workers and integration: policy options for countries of destination

SLIDE 1 SLIDE 2

Module I: Protection of
migrant workers and
integration. Policy options Session I
for countries of destination Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

Module Aim By the end of this Module you will:

Module I aims to provide an overview of:

The relation between admission and
Have a better understanding of the relationship between
residence regimes and the protection of admission and residence regimes and the protection of
migrant workers migrant workers

The protection needs of migrant workers,
including their rights in the employment
context and rights guaranteeing their
Be able to identify best practices for the protection of migrant
social welfare and access to social workers in destination countries
security

Measures related to the social cohesion
and integration of migrant workers in
destination countries.

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 Module I

SLIDE 5 SLIDE 6

Session 1: introduction

Admission/residence regimes and

protection of migrant workers
In practice, admission/residence regimes and protection of
migrant workers are indissociable

For migrant workers, admission, work conditions and possibilities for Session II
family reunification are part of a same reality

For the society in general, admission/residence regimes and

Group activity
protection schemes are also a single set where the different
components interact together

While one type of admission regime includes in itself certain risks

regarding working conditions, on the contrary, another one
constitutes in itself a protection for migrant workers

SLIDE 7 SLIDE 8

Session 2: Group activity

Group activity

Session III
Protection in employment
Developing migration policies in Patinir and Bronzina

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Module I

SLIDE 9 SLIDE 10

Session 3: Protection in employment Session 3: Protection in employment

Brain waste and lack of recognition of

Background information
diplomas

Whatever the chosen admission policy is, protection of
Brain waste particularly affects female migrants
migrant workers is fundamental

Brain waste issues are close to issues concerning brain drain

In many countries migrant workers may find it difficult to:  However, because these workers occupy low-skilled jobs, in terms of
 Change their employers or jobs remittances countries of origin lose out even more through brain waste
than through brain drain
 Be reunited with their families
 Gain secure residence status
Policy options:
 Have access to the full range of social security protections  Facilitating the recognition of diplomas
 Providing opportunities that complement education obtained abroad

International standards do not make significant distinctions  Establishing certified refresher courses for migrants
between temporary migrant workers and other categories of  Offering courses that introduce migrants to the technical language and
national specificities of a profession
migrant workers in terms of their access to fundamental  Such measures should particularly target female migrants who are
employment and social rights disproportionally affected by the brain waste phenomenon

SLIDE 11 SLIDE 12

Session 3: Protection in employment Session 3: Protection in employment

Rights within employment: main Rights within employment: areas of

notions contained in international law concern

Ensuring that national labour laws apply to sectors such as

Equality of treatment between regular migrant workers and agriculture and domestic work
nationals regarding employment and occupation  In some countries, these sectors have been excluded from legal protection
 This particularly affects women

Core universal human rights apply to all migrants, regardless

Paying attention to specific labour rights that are likely to be
of status
neglected in the context of temporary migration:
 Security of employment

Main labour standards apply to all workers, nationals,  Access to vocational/language training
migrants, regardless of their status  Trade union rights

Applying the existing national legal framework to migrant

workers will often be a crucial issue

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 Module I

SLIDE 13 SLIDE 14

Session 3: Protection in employment Session 3: Protection in employment

Rights within employment: Freedom of Rights within employment: Labour

association and trade unions inspection

Fundamental character of the right of freedom of association

Labour inspection is a key tool for supervising the application

Trade unions can provide an important means of of labour standards
representing migrant workers and seeking to ensure that
their rights are respected

Absence of labour inspection in sectors and workplaces

Trade unions can work to mitigate tensions between migrant attracting migrant workers is associated with higher
workers and host country workers incidences of exploitation and abuse

Trade unions and employers often work together on issues
Labour inspection needs to be extended to migrant workers
that particularly affect migrant workers

SLIDE 15 SLIDE 16

Session 3: Protection in employment Session 3: Protection in employment

Legislation and policy on non- Social security

discrimination in the workplace

The nine branches of social security, as distinguished by ILO:
 Medical care  Survivors’ benefits

Discrimination on grounds of sex and nationality will  Sickness benefits  Employment injury benefits
undermine any equitable labour market  Maternity benefits  Unemployment benefits
 Invalidity benefits  Family benefits

Components of a policy to combat discrimination in the  Old-age benefits
workplace:

Three major interests of social security rights for migrant
 Strong anti-discrimination legislation and monitoring services workers:
 Commitment of employers and trade unions to combat discrimination  Entitlement to social security on equal terms with national workers
and encourage the exchange of tools to promote good practices
 Maintenance of acquired rights upon leaving the country (including the
portability of benefits)
 Benefit from the cumulative rights acquired in different countries

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Module I

SLIDE 17 SLIDE 18

Session 4: Integration and social cohesion

Models on integration

Segregation: “no-way integration”

Session IV

Assimilation: “one-way integration”
Integration and social
cohesion
Multiculturalism: “multi-way integration”

Integration: “Two-way integration”

 Under this approach, both the migrant and the host society contribute
to the development of a common culture

SLIDE 19 SLIDE 20

Session 4: Integration and social cohesion Session 2: Group activity

Goals of integration Group activity

To allow migrants to realize their personal, economic, and
social potentials

To ensure that the human rights of migrants are protected

To reduce levels of alienation and marginalization

Discussing indicators for successful integration

To help establish and maintain social cohesion and harmony

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 Module I

SLIDE 21 SLIDE 22

Session 4: Integration and social cohesion

Indicators and policies for successful

integration

Economic life
Access to health
 The importance of protection  The state of health of migrant
in employment workers: what risk factors?

Language proficiency and

 Access to health services Thank you!

Education
knowledge of the country’s  Educational levels of migrant workers’
culture children
 The organization of  Two models: immediate integration in
introduction programmes the education system and separation

Housing
Political and civic life

 Access to housing
Social life
 Integration in the urban  Granting permanent residence
environment  The importance of family reunification

333
334
Course 3
Developing labour migration policies in countries of destination

Module J
Module J
Measures to prevent or
reduce irregular migration

335
Module J

Module J: Measures to prevent or reduce irregular migration

Suggested total duration: 1 h 35 min

Duration Session
30 min Session 1: Introducing Module J
15 min Session 2: Irregular migration: understanding its causes and measuring the
phenomenon
5 min Session 3: Governing principles for addressing irregular labour migration
45 min Session 4: Developing best-practice policies to prevent or reduce irregular
migration

Aim of Module J
Module J aims to:

• Provide an overview of irregular migration, of the international community’s response to it, and of
governing principles for addressing, preventing or reducing irregular migration.

• Examine the phenomenon of irregular migration (its determinants, scale, flows and trends), with specific
emphasis on labour market issues.

• Identify the principles and best practices that should govern the formulation of policies in this area.

• Provide an overview of possible measures and mechanisms that may be adopted to prevent or reduce
irregular migration.

Learning outcomes for Module J

• Understand the causes and repercussions of irregular migration from the perspectives of both destination
and origin countries, especially with regard to labour market issues.

• Be familiar with tools for measuring irregular migration.

• Understand relevant policy options for prevention and reduction of irregular migration.

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 Module J

Session 1: Introducing Module J

Suggested duration 30 min total

5 min Introduce the topic

5 min What is irregular migration?

15 min Question activity

5 min Evolving response of the international community

Methodology Presentation and Question activity
You will need Flip chart, pen, Module J slides
Participants will need Copy of slides

Introduce the topic (5 min) Slides 1-4

Present aims and outcomes for Module J:

• Module J aims:

- To provide an overview of irregular migration, of the international community’s response to it, and of
governing principles for addressing, preventing or reducing irregular migration;

- To examine the phenomenon of irregular migration (its determinants, scale, flows and trends), with
specific emphasis on labour market issues;

- To identify the principles and best practices that should govern the formulation of policies in this
area;

- To provide an overview of possible measures and mechanisms that may be adopted to prevent or
reduce irregular migration.

• Learning outcomes for Module J:

- To understand the causes and repercussions of irregular migration from the perspectives of both
destination and origin countries, especially with regard to labour market issues.

- To be familiar with tools for measuring irregular migration;

- To understand relevant policy options for prevention and reduction of irregular migration.

What is irregular migration? (5 min) Slides 5-6

• Irregular migration can be defined as migration that occurs outside the regulatory norms of the origin,
transit, or destination country;

• Highlight the fact that when we speak of irregular migration, by and large we are referring to two groups
of migrants:

- Those who arrive in a clandestine fashion (i.e. enter and stay illegally in the considered country);

- Those who arrive legally (for example, on the basis of tourist or student visas) and then overstay the
period for which their visas/permits are valid.

Although clandestine migration attracts the most attention, it is widely acknowledged that the second
group is in the majority.

• With specific regard to the irregular employment of migrants, highlight the following points:

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Module J

- The above distinction between those who arrive in a clandestine fashion and those who arrive legally
but overstay is still relevant in this case.

- Given the complexity of immigration laws, however, that basic dichotomy between regular and
irregular migrant must be refined.

- There are a potentially significant number of migrants who, though they reside legally in the country
of destination, work in violation of some or all of the employment restrictions attached to their
immigration status:

o For instance, the legislation of the considered country may not authorize students or family
members to work, or may subject students and family members’ employment to certain
conditions.

o A work permit may restrict authorized work to a particular job, a particular employer, or a
particular region.

o Such employment restrictions, attached to immigration status, lead to vast possibilities of

irregularity.

Question activity Slide 7

Duration: 15 min

Introduce group discussion of the following questions for 10 minutes, requesting thoughts from the group
and recording these as briefly as possible on the flip chart.
• Why prevent or reduce irregular migration?

• Are there reasons why some countries do little to prevent or reduce irregular migration?

Summarize points raised in the discussion, ensuring that the following learning points are covered:
• Reasons why some countries take no action:

- Non-action has short-term advantages for employers and gives the economy a flexible low-cost
labour force to meet labour demand.
• Reasons for prevention or reduction:

- To ensure that migration is successfully managed and that the credibility of legal immigration
policies is maintained.

- To ensure satisfactory salary levels and working conditions for national workers and lawfully
resident migrant workers.

- To avoid the creation of entire employment sectors and enterprises wholly dependent on
irregular migrant labour.

- To prevent exploitation of irregular migrants by employers, employment intermediaries or agents,

and smugglers and traffickers.

Indicate that these are just some of the reasons that can be advanced for the reduction/prevention of
irregular migration and by no means constitute an exhaustive list.

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 Module J

Evolving response of the international community (5 min) Slides 8-9

Present the evolution of the international community’s response to irregular migration using the following
points:

• The 1970s:

- In the 1970s, the phenomenon of irregular migration came to the public’s attention after some horrific
incidents involving trafficking and smuggling.

- Such incidents resulted in the adoption of several UN resolutions against trafficking, as well as ILO
Convention No. 143 concerning Migrations in Abusive Conditions and the Promotion of Equality of
Opportunity and Treatment of Migrant Workers:

o The first part of Convention No. 143 is dedicated to preventing the abuses connected with the
migration process.

o Convention No. 143 also contains a number of provisions protecting the rights of irregular
migrants, particularly their basic human rights, as well as rights arising out of past employment
(unpaid wages, etc.).

• 1980s – 1990s:

- In the 1980s, the UN International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Family was being drafted.

- The Convention was adopted in December 1990 and entered into force on 1 July 2003.

- It aims to ensure that the rights of all migrant workers, including irregular migrants, and their families
are protected (Part IV).

- It also contains a number of provisions aimed at preventing and discouraging irregular migration
(Part VI).

- Its philosophy is that a comprehensive approach to prevent irregular migration cannot ignore the
basic needs and rights of those already in an irregular situation.

• 2000:

- In 2000 the UN International Convention against Transnational Organised Crime was adopted.

- This Convention has two Protocols concerned with the links between organized crime and
migration:

o Protocol against the Smuggling of Migrants by Land, Air and Sea;

o Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children.

- These instruments have been adopted in the context of criminal law enforcement rather than the
context of human rights.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 167-185

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 201-233

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996, pp. 79-86

339
Module J

Session 2: Irregular migration: understanding its causes and

measuring the phenomenon

Suggested duration 15 min total

10 min The causes of irregular migration

5 min Measuring irregular migration

Summary

Methodology Presentation
You will need Flip chart, pen, Module J slides
Participants will need Copy of slides

Trainer note

The purpose of this session is to identify the causes of irregular migration, focusing on labour-related
issues, and to discuss the tools used to measure irregular migration.

The causes of irregular migration (10 min) Slides 10-12

• Introduce the presentation by highlighting the fact that in broad terms, the causes of irregular migration
are not different from those of regular migration:

- Both movements are the result of social and economic dynamics operating in a globalized world;

- Irregular migration flows are related to the overall volume of migration in a given region, the proximity
of places of origin and destination, the permeability of borders, and the strength of migration
networks.

- Irregular migrants do not have a single prime motivation:

o Some migrants seek to reunite with their family members. Others move in search of asylum and
protection.

o There is nonetheless good reason to believe that employment is a preoccupation common to

virtually all of them.

- By definition, while regular migration proceeds along open and established channels, irregular
migration falls outside of established channels of migration and seeks to circumvent them.

• Highlight the importance of mismatches between supply and demand in labour markets of countries of
destination as a determinant of irregular migration:

- When the supply of foreign workers through established channels does not match the demand, or
when policy or timing does not keep up with labour market issues, then irregular migration dynamics
come into play to fill this gap.

- As immigration policies usually favor the entry and stay of high-skilled rather than low-skilled workers,
the existence of work opportunities for lower-wage, low-skilled migrant workers is an important
incentive for irregular migrants.

• Summarize factors influencing the choice of regular or irregular migration channels using the following
points:

- Availability of regular channels;

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 Module J

- Direct or indirect discrimination within immigration policies toward some groups of migrants (e.g.
men or women, high-skilled or low-skilled workers, or certain nationalities;

- Time necessary for the migration process to be completed;

- Bureaucratic difficulties in the process;

- Excessive conditions and requirements;

- Preference for immediate profit over long-term benefits;

- Lack of available alternatives, or difficulty of access to them.

• Highlight the following specific considerations related to irregular migration of women:

- When women have few rights in their country of origin, they may consider irregular migration
attractive, as they may feel like they have little to lose.

- In some cases, a person may find her quality of life better as an irregular migrant that in her country
of origin.

• Outline the following other factors that facilitate irregular migration:

- Social networks:

o Little irregular movement can occur without the information, advice, encouragement, and
support of family and friends.

- Informal migrant recruiting industry:

o Beyond family and friends, other well-structured informal recruitment systems can contribute to
facilitating irregular migration.

o This informal industry has an extensive role, from advertising and recruiting in the country of
origin, to connections with potentially corrupt migration officials and transportation employees,
to linkages with migration brokers, employers and social networks abroad.

Measuring irregular migration (5 min) Slides 13-14

• Introduce presentation by highlighting the following points:

- Most official documents refer to irregular migration as a “problem” that it is “huge” and “significant”,
but there have been few serious attempts to verify this.

- Estimates of irregular migration differ significantly according to the messenger (government, media,
IOs, or NGOs) or indeed according the time at which they are given.

- By its very nature, irregular migration eludes the established data-collecting system.

• Outline the following methods of measurement:

- Examining census data:

o Provides sound and comprehensive information on immigrant populations as a whole, but does
not distinguish between regular and irregular migrants.

o Highly sophisticated residual techniques must therefore be applied to estimate the irregular
migrant contingent. The results require careful interpretation.

- Comparing/matching arrival and departure records:

o A relatively simple and reliable way of determining the number of overstayers in a country.

o Limitations include the fact that many countries that do not require exit controls.

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Module J

- Examining data related to apprehensions of migrants attempting clandestine entry and those
detected and expelled:

o This kind of data can only give an incomplete picture and varies with the resources assigned to
immigration enforcement.

- In the case of a regularization programme, examining the number of applications submitted:

o Provides perhaps the most reliable estimates of irregular migrants in a country.

o Does not count migrants who for whatever reason did not apply.

• Highlight the following further difficulty regarding measurement of irregular migration:

- Very little available data is disaggregated by sex and age.

- The absence of sex-disaggregated data prevents an accurate gender analysis of migration policies
and programmes.

• At the global level, ILO estimates refer to irregular migrants as representing 10 to 15 per cent of total
migrant stocks and flows.

Summary
Summarize the session ensuring the following learning outcomes are covered:

• Understand the causes of irregular migration, especially as linked to labour-market issues;

• Develop familiarity with the tools available for measuring labour migration.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 167-185

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996, pp. 79-86

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 201-233

Schrover, M., van der Leun, J., Lucassen, L., Quispel, C. (eds), Illegal Migration And Gender In A Global And Historical Perspective,
IMISCOE Research Series, Amsterdam University Press, 2008

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 Module J

Session 3: Governing principles for addressing irregular migration:

The need for a comprehensive approach

Suggested duration 5 min total

Methodology Presentation
You will need Flip chart, pen, Module J slides
Participants will need Copy of slides

Trainer note

The purpose of this session is to introduce the principles governing irregular migration policies and to
emphasize the need for a comprehensive approach.

Highlight the following points: Slides 15-16

• An isolationist approach is bound to fail:

Dialogue, cooperation and partnerships between and among all countries (origin, transit, and destination)
involved in irregular migration are critical and must be strengthened.

• A cross- or multi-sectoral approach is essential:

- Not only governments, but also social partners and civil society should be engaged.

- The problems of the informal labour market cannot be adequately addressed without the participation,
in particular, of employers and unions.

• Control or restrictive measures alone are insufficient:

- To the contrary, a comprehensive set of comprehensive measures that complement one another
should be adopted.

- Protection is an important ingredient in the comprehensive set of measures required to prevent or

reduce irregular migration.

• A gender-sensitive approach to irregular migration is vital:

- Policymakers usually acknowledge differences between men and women with regards to irregular
migration.

- This acknowledgment in the policies, however, usually manifests itself in a simplistic way, with
women portrayed as at-risk and men as posing a threat. For instance, the political discourse on
border control focuses on men and rarely mentions women, while the discourse on trafficking in
persons leaves little space, if any, to male victims.

- The complexity of gender factors must be recognized in order to develop and implement balanced
policies.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 167-185
Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996, pp. 79-86
IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 201-233
Schrover, M., van der Leun, J., Lucassen, L., Quispel, C. (eds), Illegal Migration And Gender In A Global And Historical Perspective,
IMISCOE Research Series, Amsterdam University Press, 2008

343
Module J

Session 4: Developing best-practice policies to prevent or reduce

irregular migration

Suggested duration 45 min

5 min Preventing entry

10 min Preventing facilitation of irregular migration

5 min Return

10 min Protection

5 min Opening legal migration channels

10 min Regularization

Summary
Methodology Presentation and Group activity
You will need Flip chart, pen, video, Module J slides
Participants will need Copy of slides

Trainer note

The purpose of this session is to outline policy options on irregular migration for countries of origin and
destination, including the constraints of their implementation.

Preventing entry: Border control and visa/work permit policy (5 min) Slides 17-18

• Introduce the presentation with the following points:

- Measures preventing entry are the most common types considered to prevent or reduce irregular
migration.

- In recent years, and particularly after September 11, 2001, the attention given to the link between
migration and security, and more specifically to the control of borders, has increased.

- Increasing use is being made of advanced technology (including movement and heat sensor devices,
sophisticated radar systems, and automated identification systems that incorporate biometric
components) to monitor borders.

• Outline the following elements regarding border controls:

- Border controls need to be both efficient and fair.

- Irregular migration becomes more common where border guards practice corruption; fair controls
therefore tend to decrease the frequency of irregular migration.

- Efficiency at the border is enhanced when there is cooperation among the border officials of all
countries involved in the migration process (and particularly between neighbouring countries).

• Outline the following elements regarding visa and work-permit policy:

- An efficient visa and work-permit policy should contain the minimum possible number of bureaucratic
obstacles.

- Visas issued for admission into a country for other reasons (such as tourism or study) are often
abused for work purposes; as with many countries, such is the case of those EU Member States
using the three-month Schengen visa for short-term visits to the EU.

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Preventing facilitation of irregular migration (10 min) Slide 19

• The principal control/repressive measures address transport carriers, employers, labour migration
intermediaries or agents (such as recruitment agencies), and migrant smugglers and/or traffickers:

- The regulation of recruitment agencies should be implemented in both countries of origin and
countries of destination (regarding the former, see Module D: Protection of migrant workers: policy
options for countries of origin).

- Labour inspections and employer sanctions DS important deterrents of irregular migration.

Nevertheless, the implementation of such policies presents practical difficulties:

o Inspections of labour sites can be restrained by human resource limitations.

o Inspections are difficult in areas like the agricultural sector and domestic employment.

o Assessing criminal liability for the offences is difficult, particularly in those cases where there
is a chain of suppliers or sub-contractors (a prevalent feature, for instance, in the construction
sector).

- With regards to migrant smuggling and trafficking, a consensus has emerged on the difference
between the two phenomena: trafficking entails a more serious criminal offence and its definition
requires, unlike that of smuggling, the elements of coercion, deception or violence that are involved
in its commission.

- It is important to note that carrier and employer sanctions have been criticized for “privatizing”
immigration control:

o The UNHCR, for example, has criticized carrier sanctions for putting considerable obstacles
in the way of refugees fleeing persecution, enough to undermine the right “to seek and enjoy
asylum” under Article 14 of the Universal Declaration of Human Rights.

o Employer sanctions have been criticized as increasing the risk of racial and ethnic discrimination
against all workers, including national and lawfully resident migrant workers.

o The sanctions imposed against traffickers have also been criticized, particularly in cases of
their failure to distinguish between serious offences (which are related to international organized
crime) and less serious offences.

- It is also important to be conscious that the definition of criminal offences, if drawn too widely,
might also criminalize charitable organizations, NGOs and individuals for providing humanitarian
assistance to irregular migrants in destination countries.

• Alongside the above-mentioned repressive and control activities, it is important to conduct informative
activities directed to potential migrants in countries of origin:

- These activities may include campaigns to inform or educate the public about the risks of irregular
migration, particularly about the dangers of falling into the hands of traffickers, smugglers or
unscrupulous labour migration intermediaries or agents, and may also include campaigns to increase
knowledge of laws and practices in destination countries.

Return (5 min) Slide 20

• Outline the following points:

- Ensuring the return of those who are unlawfully in the territory is crucial to a credible policy for
asylum and legal immigration.

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- While voluntary return, as the “most dignified and least costly return option” (IOM), is obviously
preferable, many of the measures adopted by individual countries in practice concern forced return
in the form of expulsion.

- The IOM has a number of programmes in place in cooperation with its Member States to assist
(financially) the voluntary return/departure of irregular migrants, rejected asylum-seekers as well as
others.

• Highlight the following crucial aspects of removal:

- Removal of migrants in an irregular situation depends greatly on the willingness of countries of origin
to accept them.

- Because a number of countries of origin have refused to recognize the migrants to be returned as
their citizens, some countries of destination have concluded readmission agreements with those
countries.

• Outline the following elements regarding readmission agreements:

- Readmission agreements include reciprocal arrangements for contracting parties to take back their
own nationals found residing without authorization in the other contracting party, as well as other
irregular migrants who are nationals of neither contracting party but are found to arrive from one of
their territories.

- The principal beneficiaries of readmission agreements are countries of destination.

- To encourage third countries to enter into readmission agreements, these agreements can include
arrangements providing legal channels for labour migration, for example, by establishing quotas for
migrant workers.

Protection (10 min) Slides 21-22

• Introduce this section by highlighting the following elements:

- Irregular migrants often face exploitation in transit and in destination countries, particularly in the
workplace.

- It is critical that measures to prevent or reduce irregular migration provide for the protection of
irregular migrant workers.

• Recall the following point regarding the application of human rights law to irregular migrants (Module B:
International legal framework for the protection of migrant workers):

- Under international human rights instruments, fundamental human rights – including civil, economical,
social and cultural rights – are conferred upon all persons without distinction (including nationality
and immigration status).

- Recall the importance of the principle of anti-discrimination.

• Outline the importance of the following human rights in the context of irregular migration:

- Migrant workers in an irregular situation should be protected from slavery-like practices and forced
labour, inhuman and degrading treatment, and should enjoy liberty and security of the person (i.e.,
freedom from arbitrary arrest and detention).

- Four of the most important aspects of fair employment conditions for migrants in an irregular situation
relate to the following rights:

o Right to a fair wage;

o Right to compensation for work accidents;

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o Right to defend these rights in the labour courts of the country of employment;

o Right to organize.

- One devious practice exploits the inability of migrants (lawfully resident and irregular migrants
included) to claim rights arising out of past employment (payment of past wages, reimbursement of
social security and other contributory benefits):

o Article 9(1) of ILO Convention No. 143 calls for equal treatment between irregular migrants and
regular migrants in this area.

o Often, in the absence of bilateral agreements (which, in any event, only apply to lawfully resident
migrant workers), it is not possible to recover any social security contributions that have been
paid.

• Highlight the fact that proclaiming the rights of irregular migrants in law and securing these rights in
practice are two entirely different matters. Outline the following legal and practical obstacles:

- In many countries, criminalization of the provision of assistance to irregular migrants is a significant

legal obstacle to irregular migrants’ access to adequate accommodation.

- The legal duty of public authorities to report irregular migrants to the immigration authorities means
that irregular migrants are less likely to claim their rights.

- There is also inadequate information available to enable irregular migrants to avail themselves of
their rights.

- Irregular migrants also fear coming forward to the authorities because disclosure of their identity will
often result in an action to remove or expel them from the territory.

Opening up more legal channels for labour migration (5 min) Slide 23

• Highlight the following point:

- Opening up more legal channels for labour migration should be an integral part of a comprehensive,
policy-coordinated approach to preventing irregular labour migration.

• Outline the following elements:

- Irregular migrants fill a gap in the labour markets of destination countries, particularly by undertaking
those difficult and unattractive jobs that nationals no longer wish to perform (e.g. in the fields of
agriculture, construction, catering, cleaning, and domestic services).

- More legal channels for labour migration should be opened in order to address these needs of the
labour market.

- Policies establishing legal migration routes should be equitable and sufficiently attractive (for
example, by involving the minimum possible amount of bureaucratic procedures) to deter potential
migrants from travelling by irregular means.

Regularization (10 min) Slide 24

• Outline the following elements:

- Regularization can be broadly defined as the granting of a residence permit to a foreigner residing
illegally within its territory.

- Since the 1980s, regularizations have (especially in Southern Europe) become a frequent means
of addressing the presence of a large number of irregular migrants, especially those with a stable

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record of employment and other claims to local integration.

• Outline the main different types of regularization:

- Permanent or one-off procedures:

o Permanent procedures enable regularizations without any time limitation; it is thus an ongoing
process of regularization and not a case-by-case policy.

o One-off procedures presuppose that the conditions of regularization are fulfilled on a given date.
New immigrants are necessarily excluded from this type of process.

o One-off procedures are sometimes described as “one-shot” because they are undertaken once,
are not ongoing, and, in principle, are not intended to be renewed.

- Individual or collective procedures:

o A process is said to be “individual” when the evaluation criteria leave a fairly large margin for
discretion in the hands of the competent authority. In general, it refers to procedures that stress
the protection of those persons concerned.

o A regularization is said to be “collective” when the evaluation criteria are objective and may
possibly lead to the recognition of a true right to regularization on the part of the applicants.

o A regularization is never either purely individual (the categories of persons that can be
regularized are always identified by certain criteria) or collective (the dossiers are always subject
to an individual examination in order to check that the applicants respond to the required
conditions).

- Highlight the dilemma posed by regularization policies:

o On the one hand, regularization may encourage further irregular migration.

o On the other hand, particularly with respect to those irregular migrants who cannot be removed
from the territory for practical or humanitarian reasons, regularization may prevent their further
marginalization and exploitation.

o The host country benefits economically from regularizing its irregular migrant labour force, in the
form of the payment of taxation and social contributions.

- Highlight the fact that regularization programmes should take into account specific difficulties that
female migrants may face:

o Female migrant workers, particularly migrant domestic workers, face more difficulty in providing
the necessary documents, because they often do not have formal work contracts, or their
names are not written on rental contracts or utility bills, which prove the length of their stay in
the country.

o Conditions for regularization should therefore be evaluated to assure that they provide equally
good opportunities for female as well as male migrant workers.

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Summary
• Measures to prevent or reduce irregular migration can be based on control, repression, or coercion. Such
measures include:

- Border control and visa/work permit policy;

- Control or repression of facilitators of irregular migration;

- Removal of migrants in an irregular situation.

• It is also crucial to adopt and implement more “positive” measures:

- Information of potential migrant workers;

- Protection of irregular migrant workers;

- Development of legal channels for labour migration.

• Some measures should be taken in countries of origin, others in countries of destination. In many cases,
international cooperation is critical.

Resources for facilitator preparation

Baruah, N. and Cholewinski, R., Handbook on Establishing Effective Labour Migration Policies, OSCE, IOM, ILO, 2007, pp. 167-185

IOM, World Migration 2008. Managing Labour Mobility in the Evolving Global Economy, IOM, 2008, pp. 201-233

Böhning, W.R., 1996 Employing Foreign Workers: A Manual on Policies and Procedures of Special Interest to Middle- and Low-Income
Countries, ILO, 1996, pp. 79-86

Schrover, M., van der Leun, J., Lucassen, L., Quispel, C. (eds), Illegal Migration And Gender In A Global And Historical Perspective,
IMISCOE Research Series, Amsterdam University Press, 2008

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Closing session: end of the training

Suggested duration 50 min

Methodology Presentation, discussion and conclusion
You will need Flip chart, pen, evaluation forms, certificates, digital camera
Participants will need Evaluation forms

Trainer note

This final session is the key to allow effective closure to the training and should not be squeezed in
time. It is important that there be some degree of political involvement from the appropriate sponsoring
departments and also that the views of the participants be taken into account and that the evaluation
discussion leave the participants satisfied with the outcome of the training.

Instructions
If there is a formal political closing of the session then this should either be at the start of this session, or at
the end.

Make a decision and explain to the politician or public servant how this will work.

Review of key points (10 min)

• Go through the key points which the participants wanted to cover from the very first session and check
whether they have been covered (it is worth checking this every day to make sure you are on track).

• Deal with each briefly and in a positive manner.

Follow-up exercise (15 min)

• Put the group into pairs to ask them what they think the two key points that they will take away from the
training are and what two things they would do differently at work as a result of the training.

• Give them 5 minutes and then spend 10 minutes going around the group asking for answers and recording
them on a flip chart.

Closing of training
• Allow 10 minutes for the political closing of the event and 5 minutes for the presentation of certificates of
attendance (take some photos) and any group photos.

• Give the evaluation forms to the participants and let them fill in the forms.

• Ensure there are some refreshments available for final networking and discussion.

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Power Point Module J:

Measures to prevent or reduce irregular migration

SLIDE 1 SLIDE 2

Module J: Measures
to prevent or reduce Session I
irregular migration Introduction
[Insert here name of Training Seminar /
Workshop, Venue, and Date]
[Insert here name of Trainer]

SLIDE 3 SLIDE 4

Session 1: introduction Session 1: introduction

By the end of this Module you will:

Module Aim

Understand the causes and repercussions of irregular
Module J aims to provide an migration from the perspectives of both destination and origin
overview of irregular migration, countries, especially with regard to labour market issues
including governing principles
and best practices for
Be familiar with tools for measuring irregular migration
addressing, preventing or
reducing irregular migration.
Understand relevant policy options for prevention and
reduction of irregular migration

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SLIDE 5 SLIDE 6

Session 1: introduction Session 1: introduction

What is irregular migration? Irregular employment of migrants

Irregular migration can be defined as migration that occurs
Given the complexity of immigration laws, however, the
outside the regulatory norms of the origin, transit, or basic dichotomy between regular and irregular migrant must
destination country be refined

By and large, two groups of irregular migrants:
There are a potentially significant number of migrants who,
 Those who arrive in a clandestine fashion though they reside legally in the country, work in violation of
 Those who arrive legally and then overstay the period for which their some or all of the employment restrictions attached to their
visas/permits are valid immigration status
 Although clandestine migration attracts the most attention, it is
widely acknowledged that the second group is in the majority

SLIDE 7 SLIDE 8

Session 1: introduction Session 1: introduction

Evolving response of the international

Group activity community

The 1970s
 Phenomenon of irregular migration came to the public attention
 Adoption of several UN resolutions against trafficking as well as ILO
Convention No. 143 concerning Migrations in Abusive Conditions
and the Promotion of Equality of Opportunity and Treatment of
Migrant Workers

1980-1990s
 The UN International Convention on the Protection of the Rights of
Why prevent or reduce irregular migration? All Migrant Workers and Members of Their Family. The Convention
was adopted in December 1990 and entered into force on July 1,
2003.
Are there reasons why some countries do little to prevent or  Philosophy: a comprehensive approach to prevent irregular
reduce irregular migration? migration cannot ignore the basic needs and rights of those already
in an irregular situation.

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SLIDE 9 SLIDE 10

Session 1: introduction

Evolving response of the international

community (cont.)
Session II

2000 Irregular migration:
 In 2000, the UN International Convention against Transnational
Organised Crime was adopted
 The Convention has two Protocols to this Convention concerned
understanding its causes
with the links between organized crime and migration

Protocol against the Smuggling of Migrants by Land, Air and Sea
and measuring the

Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children phenomenon

These instruments have been adopted in the context of criminal
law enforcement rather than the context of human rights.

SLIDE 11 SLIDE 12

Session 2: Causes and measurements of irregular migration Session 2: Causes and measurements of irregular migration

Causes of irregular migration Causes of irregular migration (cont.)

In broad terms, determinants of irregular migration are not
Mismatch between supply and demand in labour markets of
different from those of regular migration countries of destination
 As immigration policies usually favour the entry of high-skilled workers

Both movements are the result of social and economic rather than low-skilled workers, the existence of work opportunities for low-
dynamics operating in a globalized world skilled migrant workers is an important incentive for irregular migrants.

Factors influencing the choice of regular or irregular

Irregular migration flows are related to the overall volume of migration
migration in a given region, the proximity of places of origin  Availability of regular channels
and destination, the permeability of borders and the
strength of migration networks  Bureaucratic difficulties in the process
 Excessive conditions and requirements

Irregular migrants do not have a single prime motivation  Preference for immediate profit over long-term benefits
 Nonetheless, employment is a preoccupation common to virtually all  Lack of or difficulty of access to available alternatives
of them
The role of social networks and the migrant-recruiting
industry

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SLIDE 13 SLIDE 14

Session 2: Causes and measurements of irregular migration Session 2: Causes and measurements of irregular migration

Measuring irregular migration Measuring irregular migration (cont.)

Estimates differ significantly according to the messenger
(government, media)

By its very nature, irregular migration eludes established At the global level, the ILO estimates refer to irregular
data-collection systems
migrants as representing 10 to 15 per cent of total

Methods of measurement migrant stocks and flows.
 Census data
 Matching arrival and departure records
 Data related to migrants apprehended trying to enter clandestinely
and those detected and expelled
 Estimates obtained from the number of applications submitted under
a regularization programme

SLIDE 15 SLIDE 16

Session 3: Governing principles

Governing principles for addressing

irregular migration
Session III
An isolationist approach is bound to fail
Governing principles for
Strengthening dialogue, cooperation and partnerships
between all countries affected by irregular migration (origin,
addressing irregular transit and destination countries) is critical

migration
A multi-sectoral approach is also essential

Control or restrictive measures alone are insufficient

A gender-sensitive approach to irregular migration is vital

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SLIDE 17 SLIDE 18

Session 4: Measures to prevent or reduce irregular migration

Preventing entry - Border control and

visa/work permit policy
Session IV
Border controls
 Border controls need to be efficient, fair and non-discriminatory
Developing best-practice  Propensity to migrate in an irregular manner tends to increase in cases
of corruption and other malpractices of border guards
 Efficiency at the border is enhanced when there is cooperation among
policies to prevent or reduce the border officials of all countries involved in the migration process

irregular migration
Visa and work permit policy

 Efficient visa and work-permit policy must contain the minimum
possible number of bureaucratic obstacles
 Visas issued other reasons (such as tourism or study) can often be
abused for work purposes

SLIDE 19 SLIDE 20

Session 4: Measures to prevent or reduce irregular migration Session 4: Measures to prevent or reduce irregular migration

Preventing facilitation of irregular Return

migration
Ensuring the return of those who are unlawfully in the
territory is crucial to a credible policy for asylum and legal

The principal control/repressive measures are aimed at immigration
transport carriers, employers, labour migration intermediaries
or agents and migrant smugglers and/or traffickers
Removal of migrants in a irregular situation depends on the
willingness of countries of origin to accept them

Alongside control and repressive activities, it is important to
conduct information campaigns directed at potential migrants
Readmission agreements
in countries of origin  The principal beneficiaries of readmission agreements are destination
countries
 To encourage third countries to enter into readmission agreements,
these agreements can include arrangements providing legal channels
for labour migration

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SLIDE 21 SLIDE 22

Session 4: Measures to prevent or reduce irregular migration Session 4: Measures to prevent or reduce irregular migration

Protection Protection (cont.)

It is critical that measures to prevent or reduce irregular
Proclaiming the rights of irregular migrants in law, and
migration provide for the protection of irregular migrant securing these rights in practice, are two entirely different
workers matters

Legal and practical obstacles

Under international human rights instruments, fundamental  Criminalization of the provision of assistance to irregular migrants
human rights – including civil, economical, social and cultural  Legal duties imposed on public authorities to report irregular migrants
rights – are conferred upon all persons without distinction to the immigration authorities
 Inadequacy of information available to enable irregular migrants avail
themselves of their rights
 Migrants’ reluctance to come forward to the authorities for fear of
expulsion

SLIDE 23 SLIDE 24

Session 4: Measures to prevent or reduce irregular migration Session 4: Measures to prevent or reduce irregular migration

Opening more legal channels for Regularization

labour migration

Irregular migrants fill gaps in the labour markets of
Regularization: the granting of a residence permit to a
destination countries foreigner residing without authorization within its territory

These needs of the labour markets should be addressed by
The main different types of regularization
opening up more legal channels for labour migration  Permanent or one-off procedures
 Individual or collective procedures

Policies establishing legal migration routes should be

equitable and sufficiently attractive to deter potential
The regularization dilemma
migrants from travelling by irregular means

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SLIDE 25

Thank you!

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