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2 Migration in an interconnected world: New directions for action REPORT OF THE GLOBAL COMMISSION ON INTERNATIONAL MIGRATION OCTOBER 2005

3 2005 The Global Commission on International Migration The Global Commission on International Migration encourages dissemination of this report. No permission is required to photocopy, reprint or transmit all or any part of the report, provided that the source is cited. The report can also be accessed at the Commissions website, www.gcim.org. Printed in Switzerland by SRO-Kundig

4 Table of contents Preface: The Global Commission on International Migration vii Synopsis: Migration in an interconnected world 1 Maximizing positive outcomes 1 Capacity, coherence and cooperation 2 Principles for Action 4 Introduction: Dimensions and dynamics of international migration 5 Disparities and differentials 5 The complexity of human mobility 7 Conflicting interests and attitudes 9 I. A world of work: Migrants in a globalizing labour market 11 Differentials, disparities and migration 12 Liberalization of the global labour market? 15 Permanent and temporary migration programmes 16 The movement of service providers 19 The mobility of highly educated personnel 20 Creating jobs and livelihoods in countries of origin 20 II. Migration and development: Realizing the potential of human mobility 23 The migration of professional personnel 24 Migrant remittances: Facilitating the flow 26 Maximizing the developmental impact of remittances 27 Diasporas and development 39 Return and development 31 III. The challenge of irregular migration: State sovereignty and human security 32 The negative consequences of irregular migration 33 The need for a comprehensive and long-term approach 35 Addressing the demand for irregular migrant labour 36 Resolving the situation of migrants with irregular status 37 Migrant smuggling and human trafficking 39 Irregular migration and asylum 40 iii

5 Report of the Global Commission on International Migration IV. Diversity and cohesion: Migrants in society 42 State policies and practices 43 Integration and marginalization 44 A coherent approach to integration 45 Migrant women and children 49 Temporary migrants and migrants with irregular status 51 The public discourse on international migration 51 V. A principled approach: Laws, norms and human rights 53 The human rights framework 54 State sovereignty and responsibility 58 The rights and labour standards of migrant workers 61 The role of the United Nations 63 VI. Creating coherence: The governance of international migration 65 Governance at the national level 67 Capacity-building 69 Interstate cooperation at the bilateral level 69 Interstate cooperation at the regional level 70 Interstate cooperation at the global level 72 Institutional arrangements 73 Annexes I. Principles for Action and Recommendations 79 II. International migration at a glance 83 III. States parties to universal legal instruments affecting international migrants 86 IV. Acknowledgements 88 iv

6 The Global Commission on International Migration (GCIM) Hon. Jan O. KARLSSON Co-chair Dr. Mamphela RAMPHELE Co-chair Former Minister for Migration and Development Former Managing Director, World Bank Sweden South Africa Prof. Francisco ALBA Dr. Acha BELARBI Professor and Researcher, El Colegio de Mexico; Former Secretary of State for Co-operation; Member of the Committee on Migrant Workers former Ambassador to the European Union Mexico Morocco Hon. Sharan BURROW Hon. Joris DEMMINK President, International Confederation of Free Trade Unions Secretary General, Ministry of Justice and Australian Council of Trade Unions Australia Netherlands Most Rev. Nicholas DIMARZIO Dr. Mary GARCIA CASTRO Bishop of Brooklyn; Chair of the Catholic Legal Immigration Member, Brazilian Commission on Population Network and Development United States Brazil Hon. Sergio MARCHI Hon. Manuel MARIN Former Minister of Citizenship and Immigration; President of the Spanish Parliament; Environment; International Trade; former Ambassador to former Vice-President, European Commission World Trade Organization and United Nations Spain Canada Hon. Mary ROBINSON Hon. Mike MOORE Former President of Ireland; former United Nations Former Prime Minister of New Zealand; High Commissioner for Human Rights former Director General, World Trade Organization Ireland New Zealand Amb. Reda Ahmed SHEHATA Dr. Nafis SADIK Former Assistant Minister of Foreign Affairs; Former United Nations Under-Secretary-General; former Secretary to the President of Egypt former Executive Director of UNFPA Egypt Pakistan Prof. Dr. Rita SSSMUTH Hon. Nand Kishore SINGH Former President of the German Parliament; Former Minister of State and Member of the National former Minister for Family, Women, Youth and Health Planning Commission; Chairman, Management Germany Development Institute India Prof. Dr. Valery TISHKOV Former Minister for Nationalities; Director, Institute of Hon. Patricia Sto TOMAS ARAGON Ethnology and Anthropology, Russian Academy of Science Minister of Labour and Employment Russian Federation Philippines Hon. David WHEEN Former Senior Official of the Department of Immigration and Multicultural and Indigenous Affairs Australia Dr. Rolf K. JENNY Executive Director, Commission Secretariat Switzerland v

7 PREFACE The Global Commission on International Migration 1. International migration has risen to the top hearings in the Asia-Pacific region, the Mediter- of the global policy agenda. As the scale, scope ranean and Middle East, Europe, Africa and the and complexity of the issue has grown, states and Americas, attended by government officials at other stakeholders have become aware of the the local, national, regional and international challenges and opportunities presented by inter- levels, representatives of international and non- national migration. In every part of the world, governmental organizations, trade unions, there is now an understanding that the econom- migrant associations, and other civil society insti- ic, social and cultural benefits of international tutions, as well as employers, corporate manag- migration must be more effectively realized, and ers, recruitment agents, academic experts and that the negative consequences of cross-border journalists. The Co-chairs, Commission mem- movement could be better addressed. bers, Executive Director and Secretariat also held 2. In response to this situation, and acting on numerous bilateral meetings with governments the encouragement of UN Secretary-General and institutions, in capitals, as well as Geneva Kofi Annan, in December 2003 a Core Group of and New York. States established the Global Commission on In- 4. In addition to these activities, the Commis- ternational Migration, with a mandate to provide sion convened a series of thematic workshops the framework for the formulation of a coherent, with stakeholder groups, including parliamen- comprehensive and global response to the issue tarians, the private sector, human rights organi- of international migration. Created as an inde- zations, the media, migration policy specialists pendent body and consisting of 19 people from and African researchers. The Commissions different parts of the world with a variety of high- Secretariat established a wide-ranging policy level international experience, the Commission analysis and research programme, involving was more specifically requested to promote a both leading experts and younger scholars in the comprehensive debate among states and other field of international migration. Throughout the actors with respect to migration; to analyse gaps process, the Core Group of States which in in current policy approaches to migration; to August 2005 included 32 governments from all examine inter-linkages between migration and regions acted as an informal consultative body other global issues; and to present appropriate to the Commission.1 recommendations to the UN Secretary-General, governments and other stakeholders. 3. To achieve these objectives, in 2004 and 1 Algeria, Australia, Bangladesh, Belgium, Brazil, Canada, 2005 the Commission and its Geneva-based Egypt, Finland, France, Germany, Holy See, Hungary, India, Indonesia, Islamic Republic of Iran, Japan, Mexico, Morocco, Secretariat met on a regular basis and undertook Netherlands, Nigeria, Norway, Pakistan, Peru, Philippines, extensive consultations with a wide variety of Russian Federation, South Africa, Spain, Sri Lanka, Sweden, stakeholders. This included five major regional Switzerland, Turkey, United Kingdom, and the EC/EU. vii

8 Report of the Global Commission on International Migration 5. Given the breadth of the issue of interna- 7. This document represents the views of the tional migration, the Commission decided to entire Commission, which has set out to pro- focus on those migratory movements that are duce a report that is brief, and which serves as a largest in scale and those migration issues that policy document for decision-makers in govern- are of broadest and current concern to the inter- ment, international organizations and civil soci- national community. In accordance with these ety institutions. The report does not attempt to criteria, this report gives primary attention to reproduce the large amount of statistical data migration within developing regions and from and other information on international migra- developing regions to industrialized states, and tion that is available from other sources. The concentrates primarily on the economic, social, report does, however, include a selection of per- human rights and governance dimensions of tinent data, both in the text and in Annex II. A international migration. The report does not substantial amount of supporting evidence gath- look in any detail at the psychological and health ered by the Commission in the course of its work dimensions of the issue. can be found on the Commissions website, 6. The report does not employ a formal defini- www.gcim.org. tion of international migrants, but focuses gen- 8. The work of the Commission has been kind- erally on people who have been living outside ly supported by the governments of Switzerland, their country of origin for more than one year, as Sweden, Netherlands, United Kingdom, Norway, well as on temporary migrants. While it consid- Australia and Germany, as well as the MacArthur ers the situation of individual asylum seekers and Foundation, Ford Foundation and World Bank. the nexus between asylum and migration, the The Commissions regional hearings were report does not examine issues related to large- generously hosted by the governments of the scale refugee situations in developing countries. Philippines, Egypt, Hungary, South Africa and Nor does it address the issue of internal migra- Mexico. tion and internal displacement. viii

9 SYNOPSIS Migration in an interconnected world: Principles for Action 1. The world has been transformed by the sion has travelled to many parts of the world and process of globalization. States, societies, econo- met hundreds of people who have an interest mies and cultures in different regions of the and involvement in this issue. It has heard about world are increasingly integrated and interde- the lives, the achievements and the hardships of pendent. New technologies enable the rapid the worlds 200 million migrants, as well as the transfer of capital, goods, services, information complex issues that confront states and societies and ideas from one country and continent to when people move in significant numbers from another. The global economy is expanding, one country to another. providing millions of women, men and their 4. In the course of its work, the Commission children with better opportunities in life. But has listened a lot, learned a great deal and delib- the impact of globalization has been uneven, and erated at length on the evidence it has collected. growing disparities are to be found in the stand- The Commission has witnessed many examples ard of living and level of human security availa- of good practice in the domain of international ble to people in different parts of the world. migration, both by states and by other stake- 2. An important result of these rising differen- holders, including international organizations, tials has been an increase in the scale and scope of the private sector and civil society. It has also international migration. According to the UNs heard of many success stories: migrants who Population Division, there are now almost 200 have gained new skills while working abroad and million international migrants, a number equiv- who have returned to their own country and alent to the fifth most populous country on established successful businesses; asylum seekers earth, Brazil. It is more than double the figure who have escaped from persecution in their own recorded in 1980, only 25 years ago. Migrants country and who have been able to find safety in are now to be found in every part of the globe, another state; migrant communities that have some of them moving within their own region successfully integrated in their adopted country and others travelling from one part of the world while maintaining their culture and links with to another. Almost half of all migrants are wom- their country of origin, and governments and en, a growing proportion of whom are migrating international organizations that have worked independently. closely together in order to protect the victims of human trafficking. Maximizing positive outcomes 5. The Commission has also encountered the 3. During the past two years, the Global Com- contradictions, constraints and challenges of mission on International Migration has under- current migration policies. In some parts of the taken a comprehensive examination of the way world, negative attitudes towards migrants per- states and other stakeholders are addressing the sist, despite the fact that entire sectors of the issue of international migration. The Commis- economy depend on foreign labour. States which 1

10 Report of the Global Commission on International Migration have ratified the core UN human rights treaties way in which migration and other policies are not implementing the provisions of those le- impact on each other. They need resources to gal instruments, with the result that many mi- monitor and evaluate the impact of their policies grants continue to experience exploitation, and programmes. And they should be able to discrimination and abuse. Some governments draw more systematically upon the experience admit considerable numbers of migrants to their and expertise gained by other countries. country, but fail to invest in the integration 8. A second issue that must be addressed is that process that is required for those people to realize of coherence. In meetings with the Commis- their potential and make a positive contribution sion, government representatives from every to their new society. At the same time, certain part of the world have openly acknowledged the migrants do not respect the law of their host difficulties they encounter in formulating coher- countries, and, as recent events have shown, can ent migration policies. In many instances, they also pose a serious threat to public security. are confronted with competing priorities and Countries that are active supporters of the health short-term demands from different ministries and education objectives included in the UNs within government and from different constitu- Millennium Development Goals are neverthe- encies outside government. Important decisions less recruiting personnel from hospitals and taken in areas such as development, trade, aid schools in low-income countries that are unable and the labour market are rarely considered in to offer basic health and education services to terms of their impact on international migra- their own citizens. tion. 9. Wider consultation is also required at the Capacity, coherence and cooperation national level. While governments remain the 6. The Commission concludes that the inter- primary actors in the domain of international national community has failed to capitalize on migration, many other stakeholders, including the opportunities and to meet the challenges local authorities, the private sector, NGOs, civil associated with international migration. New society institutions and migrant associations, are approaches are required to correct this situa- well placed to contribute to the formulation and tion. implementation of migration policy. The en- gagement of these actors is especially needed to 7. First, the Commission was struck by the ex- ensure that migration policies and programmes tent to which states and other stakeholders, espe- are culturally sensitive, take account of local cially but not exclusively those in less prosperous specificities and recognize the importance of regions of the world, lack the capacity required gender issues. to formulate and implement effective migration policies. Officials dealing with the issues of mi- 10. The establishment of a coherent approach to gration, development, the labour market, edu- migration requires states to demonstrate a great- cation and health need access to more timely, er respect for the provisions of the legal and accurate and detailed migration data. They normative framework affecting international require more extensive professional training, a migrants, especially the seven core UN human better knowledge of migration issues, institu- rights treaties. In the course of its consultations, tions and law, as well as an understanding of the the Commission observed that on too many 2

11 Principles for action occasions, there is a significant gap between the Principles for action legal commitments that states freely enter into 13. The Commission concludes that if the ben- when they ratify such treaties, and the extent to efits of international migration are to be maxi- which they implement those commitments in mized and its adverse consequences minimized, practice. While this problem is related to the then migration policies should be based on question of capacity, it is also often an issue of shared objectives and have a common vision. At political will. the same time, the Commission recognizes that 11. Third, the Commission underlines the para- there cannot be a single model for action by mount importance of interstate consultation states and other stakeholders, and acknowledges and cooperation as a basis for the formulation that there is currently no consensus concerning and implementation of migration policies. Such the introduction of a formal global governance policies have traditionally been regarded as the system for international migration, involving preserve of sovereign states, and the Commis- the establishment of new international legal in- sion is encouraged by the growing recognition struments or agencies. that migration is an inherently transnational 14. The Commission concludes that migration issue, requiring cooperation between states at policies at the national, regional and global level the sub-regional, regional and global levels. should be guided by the set of principles for 12. Finally, there is a need for enhanced coopera- action that are presented below, and which are tion and coordination between the different supported by the conclusions and recommenda- multilateral international organizations working tions set out in the six chapters that follow. in the field of migration. In meetings convened 15. These principles have a number of uses. by the Commission, these organizations have They can be employed by states and the interna- acknowledged that they often work in a discon- tional community as a guide to the formulation nected manner. While this situation derives in of comprehensive, coherent and effective migra- part from the competitive spirit that character- tion policies. They can also be used to monitor izes inter-agency relations, it is also a result of a and evaluate the impact of those policies. And lack of coherence at national level within those they provide a framework for action that states states that govern and fund these organizations. and other stakeholders can use in their efforts to While steps have been taken to improve coop- capitalize on the opportunities presented by eration and coordination between the agencies international migration. concerned, more must be done to formulate and achieve shared objectives. 3

12 Report of the Global Commission on International Migration Principles for Action I. Migrating out of choice: Migration and the global economy Women, men and children should be able to realize their potential, meet their needs, exercise their human rights and fulfil their aspirations in their country of origin, and hence migrate out of choice, rather than necessity.Those women and men who migrate and enter the global labour market should be able to do so in a safe and authorized manner, and because they and their skills are valued and needed by the states and societies that receive them. II. Reinforcing economic and developmental impact The role that migrants play in promoting development and poverty reduction in countries of origin, as well as the contribution they make towards the prosperity of destination countries, should be recognized and reinforced. International migration should become an integral part of national, regional and global strategies for economic growth, in both the developing and developed world. III.Addressing irregular migration States, exercising their sovereign right to determine who enters and remains on their territory, should fulfil their responsibility and obligation to protect the rights of migrants and to re-admit those citizens who wish or who are obliged to return to their country of origin. In stemming irregular migration, states should actively cooperate with one another, ensuring that their efforts do not jeopardize human rights, including the right of refugees to seek asylum. Governments should consult with employers, trade unions and civil society on this issue. IV. Strengthening social cohesion through integration Migrants and citizens of destination countries should respect their legal obligations and benefit from a mutual process of adaptation and integration that accommodates cultural diversity and fosters social cohesion. The integration process should be actively supported by local and national authorities, employers and members of civil society, and should be based on a commitment to non-discrimination and gender equity. It should also be informed by an objective public, political and media discourse on international migration. V. Protecting the rights of migrants The legal and normative framework affecting international migrants should be strengthened, implemented more effectively and applied in a non-discriminatory manner, so as to protect the human rights and labour standards that should be enjoyed by all migrant women and men. Respecting the provisions of this legal and normative framework, states and other stakeholders must address migration issues in a more consistent and coherent manner. VI. Enhancing governance: Coherence, capacity and cooperation The governance of international migration should be enhanced by improved coherence and strengthened capacity at the national level; greater consultation and cooperation between states at the regional level, and more effective dialogue and cooperation among governments and between international organizations at the global level. Such efforts must be based on a better appreciation of the close linkages that exist between international migration and development and other key policy issues, including trade, aid, state security, human security and human rights. 4

13 INTRODUCTION Dimensions and dynamics of international migration 1. Migration has been a constant and influen- enabling people, places and cultures in different tial feature of human history. It has supported parts of the world to become increasingly inter- the process of global economic growth, contrib- connected. uted to the evolution of states and societies and 4. As these examples indicate, international mi- enriched many cultures and civilizations. gration has the potential to play a very positive Migrants have often been amongst the most role in the process of human development, bring- dynamic and entrepreneurial members of socie- ing benefits to people in poorer and more pros- ty, people who are prepared to venture beyond perous countries alike. The Global Commission the confines of their own community and coun- on International Migration underlines the need try in order to create new opportunities for for the international community to maximize themselves and their children. these benefits and to capitalize on the resource- 2. In the contemporary world, international fulness of people who seek to improve their lives migration continues to play an important (if by moving from one country to another. The fol- often unacknowledged) role in national, region- lowing sections identify a number of important al and global affairs. In many developing coun- issues that must be taken into account if those tries, the remittances received from migrants objectives are to be achieved. constitute a more important source of income than Official Development Assistance (ODA) or Foreign Direct Investment (FDI). Throughout Disparities and differentials much of the world, migrants are not only em- 5. International migration is a dynamic and ex- ployed in jobs that nationals are reluctant to do, panding phenomenon. As indicated already, the but are also engaged in high-value activities that number of international migrants has doubled in local people lack the skills to do. In certain coun- the past 25 years, although as a proportion of the tries, whole sectors of the economy and many worlds total population it remains rather mod- public services have become highly dependent on est, at around three per cent. International migra- migrant labour, and would collapse overnight if tion affects countries at every level of economic those workers were no longer available. development and of every ideological and cul- 3. Human mobility has become an integral tural persuasion. Migrants now depart from and component of the global economy, with coun- arrive in almost every country in the world, tries and companies looking further afield for making it increasingly difficult to sustain the the personnel they need to improve their com- distinction that has traditionally been made be- petitiveness. It is no coincidence that some of the tween countries of origin, transit and destination. largest concentrations of migrants are to be Many states now fall into all three categories. found in global cities, dynamic, innovative and 6. Over the past 30 years, the proportion of highly cosmopolitan urban centres that are foreign-born residents living in developed 5

14 Report of the Global Commission on International Migration countries has generally increased, while in most or despotic states where human rights are violat- developing countries it has either remained ed and that are unable to meet the basic needs of stable or diminished to some extent. Around 60 their own citizens. per cent of all recorded migrants are now to be found in the worlds more prosperous countries, and the other 40 per cent in developing regions. Demographic and economic factors Despite this trend, large numbers of people con- 9. While many of the industrialized states are tinue to engage in south-south migration, cautious in acknowledging it, their continued moving from one developing country to anoth- prosperity will depend in part on international er. According to the most recent UN statistics, migration. Many of the worlds most affluent Asia has some 49 million migrants, Africa 16 societies have low and declining birth rates, and million and the Latin America and Caribbean as a result their populations are becoming pro- region six million. gressively smaller and older. As a result, they may find it difficult to maintain existing levels of eco- nomic productivity, to sustain their pensions Development, democracy and human security and social security systems, and to find the care- 7. As suggested earlier, the globalization proc- givers required to meet the needs of an ageing ess has created enormous wealth and has lifted population. millions of people out of poverty. But it has not 10. The growing competitiveness within the yet narrowed the gap between rich and poor, and global economy has led to a process of economic in some cases economic disparities are widening. restructuring that has limited the number of Many developing countries are struggling to public and private sector jobs available in devel- cope with high levels of demographic growth oping countries. This has simultaneously created and are failing to create enough jobs for the mil- demand for a flexible labour force in the indus- lions of young people who are entering the trialized states that is prepared to work for low labour market. And although more people than wages and under difficult conditions. Migrants ever before are citizens of states with pluralistic from developing countries are currently helping political systems, too many people continue to to fill that gap at the lower end of the labour mar- live in countries characterized by poor govern- ket, and seem likely to do so for the foreseeable ance, low levels of human security, corruption, future. At the upper end of the labour market, authoritarianism, human rights violations and migrants are also in growing demand to fill posi- armed conflict. tions in high-value and knowledge-based sectors 8. Given these conditions, it is not surprising of the economy that are currently confronted that many people are looking for a future beyond with a global shortage of appropriate skills. the borders of their own country, both within their own region and, if they have the means to Culture, communications, curiosity get there, to more distant parts of the world. And for reasons that are self-evident, few people 11. The expanding scale of international migra- (other than short-term contract workers) seek to tion can also be attributed to cultural factors. migrate from functional states with thriving The human race has always been curious, and economies and flourishing democracies to weak eager to visit different places, gain new experi- 6

15 Dimensions and dynamics of international migration ences and encounter unfamiliar cultures. As a tion policy should address the particular result of the globalization process, much larger circumstances of each of these different groups. numbers of people can realize those ambitions. 15. In reality, however, an individual migrant Global communications networks provide peo- may belong to one or more of these categories at ple with the information they need to move the same time. She or he may move successively from one place to another. Global transporta- from one category to another in the course of a tion networks have made it much faster and migratory movement, or may seek to be reclassi- cheaper to cross the globe. And the growth of fied from one category to another, as when an global social networks and diasporas (themselves economic migrant submits a claim to asylum in a product of earlier migratory movements) have the hope of gaining the privileges associated with made it easier for people to move to another refugee status. country and to adapt to a new society. 16. The traditional distinction between skilled 12. An Afghan citizen who decides to migrate, and unskilled workers is in certain respects an for example, can be guaranteed to find a sup- unhelpful one, as it fails to do justice to the com- portive community of compatriots, whether she plexity of international migration. For example, or he moves to Dubai, Karachi, London, New many countries are currently eager to recruit Delhi, Sydney or Washington DC. A number of migrants who are specialists in information tech- countries, of which Afghanistan is just one, are nology and engineering, but they are equally now characterized by a culture of migration in eager to attract migrants who are able to provide which moving abroad on a temporary or long- high-quality care to elderly people and children. term basis has become the norm rather than the While they may have different levels of educa- exception. tional achievement, all of them could be legiti- mately described as essential workers. The complexity of human mobility 13. Human mobility is not only becoming larger Regional differences in scope and scale, but is also becoming more complex in its nature. International migrants 17. In the course of its consultations, the Com- constitute a very diverse group of people. As the mission has become acutely aware of the many number of migrants has increased, so too has the regional and sub-regional differences that exist number of legal and administrative categories in relation to international migration, as well the into which they are placed by governments and constraints that such differences place on the international organizations. formulation of international migration policies. 14. People who move across international 18. The predominant form of migration varies borders are variously described as having regular considerably from one part of the world to or irregular status and as being skilled or un- another. In Asia, for example, many migrants skilled workers, permanent settlers or temporary move on the basis of temporary labour contracts, migrants, not to mention additional categories while in parts of the Americas and Africa, irregu- such as student migrant, family reunion migrant, lar migration is far more prevalent. Traditional transit migrant, asylum seeker or refugee. In countries of immigration such as Australia, principle, a coherent and comprehensive migra- Canada, New Zealand and the USA continue to 7

16 Report of the Global Commission on International Migration accept migrants for permanent settlement and comprehensive and global response to the issue citizenship, while the countries of the Middle of international migration. In accordance with East usually admit international migrants for its mandate, the conclusions and recommenda- fixed periods and without any expectation of tions presented in this report are addressed to integration. In Europe, the major preoccupation states and other stakeholders in all parts of the of recent years has been the arrival of asylum world, and do not focus on regional or sub- seekers from other parts of the world, the major- regional issues and situations. ity of whom do not qualify for refugee status. 19. The states of the former Soviet Union have Policy linkages: Development, human rights experienced a particularly complex pattern of and security human mobility during the past 15 years, involv- 22. A final dimension of the complexity of inter- ing migrations within, to and from the region; national migration is to be found in its inextrica- movements of a voluntary and involuntary ble linkage to a range of other global concerns, as nature, and situations in which people them- well as the international communitys growing selves did not move, but in which their national- awareness of such linkages. For example, recent ity changed. Epitomizing this complexity, an years have witnessed a growing appreciation of intergovernmental initiative to address the issue the need to maximize the contribution that of migration in the former Soviet Union has been migrants make to poverty reduction and sustain- obliged to develop its own vocabulary, establish- able development in their countries of origin. In ing new categories of migrant such as formerly addition, the Commission has recognized an deported peoples (communities that were forci- increased awareness that the issues of develop- bly relocated during the Stalin regime), ecologi- ment, human rights and good governance are cal migrants (people who have been forced to inseparable, and that an integrated approach to move by environmental disaster) and involun- these issues will be required if the international tarily relocating persons (those who have been community is to address the pressures that forced to relocate to the country of their citizen- induce people to leave their countries of origin. ship as a result of circumstances endangering their lives). 23. The linkage between migration and security has become an issue of even greater international 20. Important variations are also to be found in concern. Recent incidents involving violence the capacity of states to formulate and imple- committed by migrants and members of minor- ment migration policies. Such variations gener- ity groups have led to a perception that there is a ally reflect the relative prosperity and the close connection between international migra- historical experience of the countries concerned. tion and international terrorism. Irregular One would evidently not expect countries with migration, which appears to be growing in scale relatively little relative experience in the field of in many parts of the world, is regarded by politi- international migration to have the same capac- cians and the public alike as a threat to the sover- ity as states that have longstanding and large- eignty and security of the state. In a number of scale immigration programmes. destination countries, host societies have be- 21. The Commissions mandate is to provide the come increasingly fearful about the presence of framework for the formulation of a coherent, migrant communities, especially those with 8

17 Dimensions and dynamics of international migration unfamiliar cultures and that come from parts of contradictory nature of the issue. From the be- the world associated with extremism and vio- ginning of its work in January 2004, the Com- lence. mission has been struck by the enormous amount 24. These are real and legitimate concerns. of interest and controversy that exists in relation However, the linkage between migration and to international migration. States throughout the security should also be viewed in more positive world are devoting an increasing amount of ways. In many parts of the world, labour migra- attention and resources to the movement of peo- tion has contributed towards security and politi- ple across their borders. Questions related to cal stability by reducing poverty levels, curbing international migration are being discussed in unemployment and expanding the experiences numerous national, regional and international and opportunities available to the population. fora. Migration issues are constantly in the head- Migration can be an empowering experience lines of many major media outlets. And while that enables people to enjoy a greater degree of governments remain the principal actors in this human security. Returning migrants and exiles discourse, many other influential stakeholders have assumed important leadership roles in are striving to have their voice heard, not least the many nascent democracies that are emerging corporate sector. from years of authoritarian rule. 25. The intricacy of the linkages that exist be- Markets and states:The global and the local tween international migration and other global 27. In recent years, an apparent tension has aris- issues presents further challenges to policy mak- en regarding the interests of the state and the ers and has also raised some important issues in interests of markets and the corporate sector in the preparation of this report. As an entity relation to international migration. As indicated specifically established to consider the issue of earlier, a principal manifestation of the globali- international migration, the Commission has zation process is the increasing ease with which focused its conclusions and recommendations on goods, capital, services, information and ideas policies that have a relatively direct bearing on flow across international borders. But the same the cross-border movement of people. Even so, cannot be said for people, who are still confront- the Commission is firmly convinced that migra- ed with a wide range of official controls when tion policies have little chance of producing posi- moving from one country to another. While tive outcomes unless they are complemented by such controls impinge most directly upon appropriate policies in the many other areas that unskilled migrant workers, even skilled profes- have an impact on, and which are impacted by, sionals and the employees of multinational international migration. In short, the issue of corporations often find that their relocation is human mobility cannot be dealt with in isola- obstructed or delayed by restrictive policies and tion. cumbersome procedures. 28. The corporate sector is increasingly anxious Conflicting interests and attitudes to resolve such problems. Private enterprises that 26. Another important challenge confronted by wish to boost their competitiveness and expand policy makers in the domain of international their markets feel that they must be able to re- migration is to be found in the controversial and cruit their employees much more freely and on a 9

18 Report of the Global Commission on International Migration global basis. And if they are unable to do so, they 32. In many societies, citizens are expressing may move part or all of their enterprises to coun- concerns, both legitimate and unfounded, about tries where they are able to find the people they the arrival of people from other countries and need. cultures. Media outlets across the world report a 29. In contrast to the increasingly globalized constant stream of stories related to migrants approach of the corporate sector, the concerns of and migration, many of them focusing on the states are still predominantly embedded in local more sensational and negative aspects of the politics. Governments are often concerned that issue. Migration has proved to be a politically by facilitating the entry of foreigners to the explosive issue in a significant number of coun- national labour market they will reduce employ- tries, to the extent that it seems to have played an ment opportunities for citizens, offend public important role in determining the outcome of opinion and lose electoral support. While they several elections. The discourse on migration has may acknowledge the economic case for a more thus become a highly polarized one at national, liberal approach to international migration, regional and global levels, with limited common many governments are also worried that admit- ground between the different constituencies that ting additional numbers of foreign nationals, have an interest in the issue. even on a temporary basis, will have negative 33. One should not be surprised or dismayed by consequences for the stability of society and ulti- this situation. International migration is an mately the security of the state. emotive issue because it raises complex questions about the identity and values of individuals, households and communities, as well as societies The public discourse as a whole. International migration is a contro- 30. The Commission considers that this tension versial matter because it highlights important between markets and the state, between the questions about national identity, global equity, corporate sector and government, between the social justice and the universality of human global and the local, between national interests rights. International migration policy is difficult and the globalization process, will be an increas- to formulate and implement because it involves ingly important element of the discussion on the movement of human beings, purposeful international migration in years to come. While actors who are prepared to make sacrifices and to that tension may not be resolved, it must be take risks in order to fulfil their aspirations. Its approached on the basis of a calm, open and ob- challenges are radically different from those that jective debate. In the current international arise in managing the movement of inanimate context, this represents a serious challenge. objects such as capital, goods and information. 31. In every part of the world that the Commis- Those challenges are examined in the chapters sion has visited, international migration has that follow. been very high on the public, political and media agenda. While the precise issues at stake may have varied from place to place, the prominence of the discourse has been unmistakeable. 10

19 CHAPTER ONE A world of work: Migrants in a globalizing labour market Women, men and children should be able to realize their potential, meet their needs, exercise their human rights and fulfil their aspirations in their country of origin, and hence migrate out of choice, rather than necessity.Those women and men who migrate and enter the global labour market should be able to do so in a safe and authorized manner, and because they and their skills are valued and needed by the states and societies that receive them. 1. Momentous changes are taking place in the 3. Being out of work is not the only dimension global economy. Countries in different regions of the current employment crisis. According to of the world are becoming increasingly integrat- the ILO, around 550 million of the people in ed and interdependent, linked by rapid flows of work are living on less than a US dollar a day, capital, goods, services, information and ideas. while almost half the worlds 2.8 billion workers Access to knowledge has become a key determi- earn less than two dollars a day. In some develop- nant of competitiveness and success. Private sec- ing countries, the majority of people in the la- tor enterprises are becoming increasingly global bour force are working in the informal sector of and mobile. According to the International the economy, where wages and working condi- Monetary Fund (IMF), these developments will tions are unregulated. According to the US State enable the global economy to expand at more Department, between 600,000 and 800,000 than four per cent in 2005, generating trillions people are trafficked every year, joining the esti- of dollars in new income. mated 12 million people who are trapped in 2. But this record of economic achievement has conditions of forced labour. In the words of the not yet been reflected in the creation of new em- ILOs Director-General, the global jobs crisis is ployment opportunities, especially in develop- putting security, development, open economies ing countries, where large numbers of young and open societies all at risk. This is not a sus- people are entering the labour market. Interna- tainable course. tional Labour Office (ILO) statistics indicate 4. The global jobs crisis also has important im- that in 2004, some 185 million people around plications for the sustainability of current ap- the world were unemployed. Over the previous proaches to international migration. Because ten-year period, the industrialized states were they are unable to find adequately compensated the only ones to experience falling unemploy- livelihoods at home, increasing numbers of ment rates. In every other region they either re- women and men in developing countries are mained stable or increased. looking for employment opportunities else- where. While many continue to move within the 11

20 Report of the Global Commission on International Migration developing regions, a growing proportion are democracy. The Commission has concluded moving to find work in the worlds more pros- that because these differentials are widening, the perous states. According to UN statistics, be- number of people seeking to migrate will con- tween 1980 and 2000 the number of migrants in tinue to increase in the future. Migration poli- developed countries more than doubled, from cies will have to take due account of this trend, 48 to 110 million, while the number of migrants ensuring that the increased scale of migration in developing countries grew from 52 to 65 mil- brings real benefits to countries of origin, coun- lion. tries of destination and to migrants themselves. 5. A key issue in the years to come will be whether an appropriate balance can be found in Developmental disparities the supply and demand for migrant workers. In 7. According to the United Nations Develop- terms of demand, to what extent and under what ment Programme (UNDP), the proportion of conditions will the worlds more prosperous the worlds population living in poverty has fall- states be prepared to admit migrant workers en faster in the past 50 years than in the previous from other parts of the world? And with regard 500 years. And yet the gap between living stand- to supply, what can be done to provide the citi- ards in richer and poorer parts of the globe is zens of developing countries with better jobs and continuing to grow. In 1975, the per capita higher levels of human security at home, so that Gross Domestic Product (GDP) in high-income they do not feel compelled to migrate? This countries was 41 times greater than that in low- chapter seeks to answer those questions. income countries and eight times greater than that in middle-income countries. Today, high- Differentials, disparities and migration income countries have per capita GDPs that are 66 times those of low-income countries and 14 The number of people seeking to migrate from one country and continent to another times those of middle-income countries. will increase in the years to come, due to 8. These statistics help explain why so many developmental and demographic dispari- people in low and middle-income countries ties, as well as differences in the quality of wish to migrate to more prosperous states, and governance. States and other stakeholders must take due account of this trend in the why high-income countries, which have less formulation of migration policies. than 20 per cent of the global labour force, now accommodate over 60 per cent of the worlds migrants. Migrants who move from lower to 6. International migration is usually a response higher income economies are often able to gain to differentials and disparities. When people de- an income that is 20 or 30 times higher than they cide to migrate, it is normally because they want would be able to gain at home. While living costs to move away from the constraints and insecuri- are usually much higher in countries of destina- ties they faced in their country of origin, and tion, most migrants can still earn enough to sup- because they consider that better conditions and port themselves and send remittances home to opportunities exist elsewhere. In the contempo- members of their household and community. rary world, the principal forces that are driving international migration are due to the 3Ds: 9. The incentive to migrate appears to be get- differences in development, demography and ting stronger. In many developing countries, 12

21 A world of work: Migrants in a globalizing labour market market-oriented reforms have boosted the com- 13. The growth of migration from poorer to petitiveness of the national economy, but have richer countries is not and will not be confined failed to create sufficient jobs to absorb the to low-income workers. The industrialized states growing number of people in the labour market, are currently confronted with shortages of per- especially those without education and training. sonnel in high-value and knowledge-based As a result, many young people are confronted sectors of the economy such as health, education with the prospect of long-term unemployment and information technology. Unable to recruit, or underemployment. train and retain the necessary personnel at home, 10. Some 1.3 billion people, around half of the a growing number of governments and employ- work force in developing countries, are em- ers are turning to the global labour market in ployed in agriculture, usually as small farmers. order to meet their human resource needs. These farmers are confronted with multiple dis- Multinational corporations want to move their advantages. They face competition from subsi- personnel from one country to another in order dized farmers in more prosperous parts of the to make best use of the talent they have engaged, world. Efforts to market their goods and im- and are calling on states to make this process prove productivity are often hampered by the easier. poor physical and financial infrastructures that exist in many developing countries. A growing Demographic differentials number of small farmers must also cope with the 14. The potential for growth in the scale of problem of environmental degradation, as well migration from poorer to richer countries is re- as the appropriation of agricultural land by the inforced by demographic differentials. Many of state and private enterprise. the worlds more prosperous states now have 11. Growing numbers of these people can be ex- fertility levels that are below the replacement rate pected to migrate, initially from rural to urban of 2.12 per woman. Their populations are be- areas and subsequently to other countries. In coming both smaller and older, a situation which some countries, especially in Asia, this trend threatens their ability to sustain current levels of seems likely to be reinforced by government economic growth and to maintain their existing policies that are designed to facilitate the migra- pensions and social security systems. In contrast, tion of their citizens, so as to reduce unemploy- virtually all of the worlds population growth is ment levels and to increase the volume of the taking place in developing countries. According remittances they send home. to the United Nations Population Division, esti- mated fertility rates for the period 2000 to 2005 12. The demand for migrant labour is strong. In range from just 1.4 in Europe and 2.5 in Latin many industrialized states, the increasing com- America and the Caribbean, to 3.8 in the Arab petitiveness of the global economy has placed states and 5.4 in sub-Saharan Africa. new pressures on both private and public sector employers to minimize costs and to maximize 15. Statistics compiled by the World Bank indi- the use of cheap and flexible labour precisely cate that the global labour force will rise from 3.0 the kind of labour that migrants, whether they to 3.4 billion in the period 2001 to 2010, an have moved in a regular or irregular manner, are average increase of 40 million per year. Some 38 able to provide. million of that annual growth will come from developing countries, and only two million from 13

22 Report of the Global Commission on International Migration high-income countries. On the basis of current feel obliged to seek asylum in another state, a trends, by the end of the decade, some 86 per form of migration that derives largely from cent of the global labour force will come from necessity and which involves little or no choice. developing countries. If the industrialized states 18. The Commission has been impressed by the need workers to compensate for the diminishing extent to which people, especially the younger size of their populations, to provide care to their generation, have been affected by the human growing number of elderly people and to sup- rights and mass communications revolutions port their pensions systems, it will not be diffi- that have taken place in recent years. Todays cult for them to fill those gaps through the citizens want to benefit from a good education recruitment of migrant labour. and find a decent job, but they also expect to be able to express their opinions, to engage in po- African demographics litical debate, to question conservative cultures Sub-Saharan Africas population has grown and to break free from social constraints. If they faster than any other region over the past are unable to meet those expectations in their 40 years. Because of its relatively high fertility levels, the region seems certain to be the own country, then they will seek to enter the principal source of world population growth labour market in societies where such opportu- over the next 20 years, even with the HIV/ nities are available. AIDS pandemic reversing decades of gains in life expectancy. According to UN statistics, Africas total population is expected to Migration of women increase from 794 million in 2000 to 1.1 billion in 2025. 19. Women constituted just under half of all in- ternational migrants in 2000, and just over half of those lived in more developed regions. Wom- Democracy and governance en are entering the global labour market in great- 16. While developmental and demographic er numbers and increasingly migrate alone. variables seem likely to play an important role in Indeed, they are often primary breadwinners for determining the future supply and demand for the families they leave behind. migrant workers, disparities in the areas of de- 20. These trends will continue in the years to mocracy, governance, human rights and human come, not least because of increased demand in security must also be taken into account. A good the industrialized states for labour in sectors that number of the states experiencing unemploy- are traditionally associated with women: domes- ment, low incomes and high rates of population tic work, nursing and personal care services, growth are also countries where the democratic cleaning, entertainment and the sex trade, as process is fragile, where the rule of law is weak, well as retailing and labour-intensive manufac- and where public administration is inefficient. turing. Negative attitudes in countries of origin 17. By migrating, people who are living in pre- towards divorced, widowed, childless and single carious economic and political circumstances women, coupled with the fact that many women are able to insure themselves and their families now have better access to education and a greater against market volatility, political crises, armed awareness of their human rights, will provide conflicts and other risks. In the worst cases, peo- further incentives for women at all levels of edu- ple who are confronted with such disasters may cation to seek jobs and new experiences abroad. 14

23 A world of work: Migrants in a globalizing labour market ment on a global market. But for the majority of Migrant women people and in most regions of the world, nation- While there is a common perception that the al labour markets prevail and the opportunities majority of migrants are men, the most recent UN figures indicate that women now comprise for them to seek work in other countries remain almost half of the worlds migrant and refugee limited. population. In 2000, the number of migrant women exceeded the number of migrant men in Latin America and the Caribbean, North The employers perspective America, Oceania, Europe and the former Soviet Union. In Africa and Asia, however, 23. There is growing frustration among employ- migrant men were in the majority. ers about the restrictions that states place on the recruitment and relocation of foreign labour. In Liberalization of the global many parts of the private sector, such controls labour market? are regarded as a constraint on productivity and market expansion. Public sector representatives States and other stakeholders should pur- complain that they are unable to offer the serv- sue more realistic and flexible approaches to international migration, based on a rec- ices expected of them because they are prevented ognition of the potential for migrant work- from filling labour market gaps with authorized ers to fill specific gaps in the global labour migrant workers. Confronted with the rigidities market. that exist in the global labour market, some em- ployers have sought alternative strategies, such as 21. There would appear to be an emerging con- transferring all or part of their enterprises to vergence of interests between richer and poorer countries that can provide an adequate supply of countries. In simple terms, the former are run- suitable labour at an attractive price, or sub- ning short of working-age people, while the lat- contracting to smaller enterprises that are pre- ter have such people to spare. Logic suggests that pared to engage unauthorized migrant workers. one outcome of this situation should be a growth 24. The strategies of outsourcing and offshor- in the scale of authorized labour migration from ing promise to bring substantial benefits to the developing to high-income countries. But that is global economy and to countries able to provide not currently the case. Much of todays migra- such facilities. But they will not resolve labour tion taking place between poorer and richer and skills shortages in the industrialized coun- regions is irregular in nature. tries. Given the costs involved in moving, they 22. The notion of a global labour market is are unlikely to be viable options for family- something of a misnomer. The process of glo- owned and small-scale businesses. Nor do they balization is characterized by the increasingly provide a workable solution for the many private free movement of capital, goods, services and and public sector employers who need to have information across national borders. The same face-to-face contact with their customers and cannot be said of people. Specific groups of em- clients. For example, relatively few of the elderly ployees, such as information technology special- people needing care in Europe or Japan will want ists, senior academics, health professionals and to live in nursing homes in North Africa or Indo- teachers, not to mention soccer players and china. In fact, it seems likely that growing num- other sports stars, may be able to seek employ- bers of care-givers from developing countries 15

24 Report of the Global Commission on International Migration will migrate to the industrialized states in order of other measures, such as later retirement, lower to assist elderly people at home. pensions and the introduction of labour-saving technology. Migration is only one of the options available. Alternatives to migration 28. Third, migration policies will not be guided 25. Responding to the circumstances described solely by the laws of economics or demography. above, some stakeholders, including the private Many states and societies remain uncomfortable sector, have called for a more liberal approach to with the notion of large-scale and continuous international labour migration an approach immigration, especially if the new arrivals have a that would enable workers to move with greater different ethnic, cultural or religious background freedom from poorer to richer regions of the from the majority of citizens. Large-scale labour world. Such an approach, it has been suggested, migration will not be promoted by governments would yield enormous benefits for developing if it is perceived as a threat to social cohesion or countries in the form of increased remittances, electoral success. diaspora investment and the transfer of knowl- edge. Simultaneously, it would help industrial- 29. Finally, some of the industrialized states have ized states to address the economic and social met part of their need for additional labour (es- challenges presented by their ageing and dimin- pecially cheap and flexible labour that can be ishing populations, and thereby create a win- deployed to take up work that is shunned by na- win situation. tionals) by turning a blind eye to the employ- ment of migrants with an irregular status. 26. There are a number of reasons why this ap- Indeed, the recent growth and partial tolerance proach may not prove acceptable to all states. of irregular migration by states, as well as the First, if undertaken at one point in time or on a introduction of periodic regularization pro- short-term basis, importing labour would not grammes for unauthorized workers, can, in constitute an effective solution to the demo- some respects, be regarded as a de facto liberaliza- graphic challenge confronting many states, be- tion of the global labour market. The Commis- cause migrant workers eventually age and sion underlines its concern about this situation, become economically inactive themselves. The and reminds states that it is in their interest to continuous recruitment of migrant labour ensure that their demand for foreign labour is would be required to avert such a scenario. met in an authorized and organized manner. 27. Second, many of the countries that have age- ing and diminishing populations also have sub- stantial numbers of people (not least amongst Permanent and temporary migration programmes existing migrant and minority populations) who have been unemployed for long periods of time, States and the private sector should con- as well as many women who have withdrawn sider the option of introducing carefully de- from or who for various reasons have never par- signed temporary migration programmes as a means of addressing the economic ticipated in the labour market. Increasing the needs of both countries of origin and des- labour force participation of such people repre- tination. sents an alternative or complementary policy to increased immigration, as does the introduction 16

25 A world of work: Migrants in a globalizing labour market 30. The world would benefit substantially from mood in many of the industrialized states is cur- a well regulated liberalization of the global la- rently hesitant about the prospect of increased bour market. Such an approach would contrib- immigration, and such hesitance is likely to be ute to the growth of the global economy and especially strong in relation to permanent migra- enable the international community to achieve a tion programmes. Second, and as the following better match between the supply and demand chapter explains in some detail, countries in the for migrant labour. It would ensure that citizens developing world stand to make more gains of countries in the South have better access to the from the temporary and circular migration of their labour markets of the North and enable those citizens than from their permanent departure. people to contribute towards the development of their own countries. It would assist the indus- Migration from the Philippines trialized states to meet their emerging demo- Overseas employment has become a vital part graphic challenge, and enable employers to of the economy in the Philippines. At the end of engage the workers they need. A well regulated 2003, more than 7.7 million of the countrys liberalization of the global labour market would citizens were temporarily or permanently living abroad. In 2004, these migrants sent at least also be preferable to the current situation, in $8.5 billion home in remittances. which labour market gaps are filled in part by means of irregular migration and unauthorized employment. Designing effective temporary migration programmes 33. It would be beneficial for countries of origin Traditional immigration countries and destination to enter into a dialogue about 31. There is, however, a need to consider the the establishment of additional temporary la- form that such regulated migration might take. bour migration programmes, thereby allowing Traditional countries of immigration such as individuals from the former states to work in the Australia, Canada, New Zealand and the United latter for a fixed period and under agreed condi- States, for example, seem certain to continue tions. In making this recommendation, the with their tradition of granting permanent resi- Commission is fully aware of the reservations dence rights and speedy citizenship to people that have been expressed in relation to such who apply for admission, whether on the programmes, namely that they can create a sec- grounds of skills, family reunion or humanitari- ond-class category of worker; the negative con- an needs. The Commission commends such sequences of separating migrant workers from programmes, recognizing the contribution that their families; the risk that temporary migrants they make to economic growth in destination will seek to remain in the country where they are countries and the role that they play in meeting working once they are due to return to their own the economic, social and protection needs of the country, and the possibility that employers will migrants concerned. It also considers that such continue to hire unauthorized migrants who are programmes provide a context that enhances the prepared to accept inferior wages and condi- integration of migrants in society. tions. 32. Permanent migration programmes also have 34. Rather than rejecting temporary migration their limitations. First, the public and political programmes because of the difficulties involved 17

26 Report of the Global Commission on International Migration in their implementation, states, employers, trade granting visas to temporary migrants that will unions and other stakeholders should focus their enable them to travel easily between the coun- attention on the effective design of such initia- try where they are working and their country tives. Special efforts must be made to draw upon of origin, thereby assisting them to keep in the knowledge of countries such as the Philip- contact with their family and community, pines, which has a wealth of experience in pro- and viding large numbers of temporary migrants to supporting the reintegration of temporary the global labour market. More specifically, the migrants when their period of employment following issues must be given careful considera- has expired and they have returned to their tion: country of origin. informing temporary migrants about their rights and conditions of employment prior to Portable pensions and social security their departure from their country of origin, entitlements including the requirement that they return to that country once their contract has expired; 35. Another issue that must be considered in re- lation to temporary labour migration pro- ensuring that migrants are treated in the same grammes is that of portable pensions and social way as nationals with respect to their wages, security entitlements. According to research un- working hours, health care and other entitle- dertaken for the Commission, the majority of ments; migrants are confronted with major obstacles to giving temporary migrants the right to trans- the portability of their pension and health care fer from one job to another during the period benefits. Less than 25 per cent of international of their work permit, thereby enabling them migrants work in countries with bilateral or to respond to changing labour market condi- multilateral social security agreements, and such tions and avoid a dependence on unscrupu- agreements do not necessarily provide the same lous employers; portability for health care benefits. providing women with equal access to tempo- 36. This situation has a number of negative con- rary labour migration programmes; sequences. Temporary migrant workers who pay into pensions and social security schemes, but monitoring the implementation of the work who are unable to benefit from such schemes permits and contracts provided to temporary once they have returned to their country of ori- migrants, with a view to blacklisting countries gin, have a strong incentive to work in the infor- and employers that violate the provisions of mal sector of the economy where their wages are such documents; not subject to such deductions. They also have a prosecuting employers who engage migrant strong disincentive to go home once their period workers without valid work permits, and al- of employment has expired. Conversely, tempo- lowing for the removal of migrants who con- rary migrants who are able to access such benefits tinue to work after their permit has expired; in their country of origin are well placed to go licensing and regulating the activities of agents home, enjoy a decent standard of living and involved in the recruitment of temporary mi- invest in their own society. grant workers; 18

27 A world of work: Migrants in a globalizing labour market 37. Governments, employers and trade unions workers from developing countries with access should explore this issue in more detail. In order to employment opportunities in industrialized to make rapid progress, countries of origin and states. While developing countries sought to destination should enter into bilateral discus- achieve such an outcome during the Doha round sions on the matter, ensuring that those discus- trade negotiations, industrialized states have fo- sions include health care provisions as well as cused their efforts on a liberalization of another pensions benefits. At the same time, there is a element of the agreement (Mode 3 of the Trade need to strengthen the information base on this in Services) so that their banks, insurance com- issue, so as to gain a better understanding of the panies and other service providers could more policy options available and the extent to which easily establish subsidiaries and sell services to individual decisions relating to migration and consumers in developing countries. return would be affected by those policies. 40. These negotiations may not have had an im- mediate impact on international migration pol- The movement of service providers icy. GATS Mode 4 specifically covers service providers, who represent only a very small per- The GATS Mode 4 negotiations on the centage of the people who cross international movement of service providers should be boundaries for the purpose of work. The worlds brought to a successful conclusion. Given the linkage between international trade more prosperous states evidently do not want and international migration, greater ef- service provision to become associated with forts should be made to foster a dialogue broader labour migration issues. between officials and experts dealing with the two issues. 41. The Commission encourages the continua- tion of the GATS Mode 4 negotiations. Services now represent 70 per cent of GDP in the industri- 38. The recent discourse on the future of labour alized states, and the growth of the international migration has demonstrated considerable inter- trade in services promises to bring substantial est in the GATS Mode 4 negotiations. The Gen- benefits to the global economy. Arrangements that eral Agreement on Trade in Services (GATS) is a are made for the movement of service providers multilaterally agreed framework that applies to may help to establish principles or understand- all members of the World Trade Organization ings that are pertinent to discussion on the (WTO). The agreement includes rules for coun- broader issue of labour migration. In accordance tries to make commitments to open particular with its concern to ensure that the international service sectors to foreign suppliers. Mode 4 of community recognizes the close linkages be- the GATS concerns the provision of services by tween migration and other global policy issues, the citizen of one WTO member state in the ter- the Commission also sees great value in recent ritory of another. efforts to promote a dialogue on GATS Mode 4, 39. The GATS Mode 4 negotiations have gener- bringing together those working in the field of ated a number of different expectations, one of international migration and those who special- which is that the agreement represents a first step ize in international trade. Expectations of this towards labour market liberalization. According process must remain modest, however, given the to proponents of this view, the agreement might continuing caution of many states in relation to eventually provide professionals and semi-skilled the liberalization of the global labour market. 19

28 Report of the Global Commission on International Migration The mobility of highly educated Creating jobs and livelihoods in personnel countries of origin Governments and employers should joint- Greater efforts should be made to create ly review current barriers to the mobility jobs and sustainable livelihoods in develop- of highly educated personnel, with a view ing countries, so that the citizens of such to removing those which are unnecessarily states do not feel compelled to migrate. hindering economic competitiveness. Developing countries and the industrial- ized states should pursue economic poli- cies and implement existing commitments 42. Private enterprises have long recognized the that enable this objective to be achieved. importance of developing and deploying talent from around the world. But policy makers in 45. This chapter has suggested that permanent government have had to consider other and and temporary migration programmes will go competing priorities, and have tended to adopt some way towards creating a better balance in an ambiguous attitude towards the movement of the supply and demand for migrant labour. But highly educated personnel. Whether deliberate- it is clear that such programmes do not consti- ly or unintentionally, significant barriers have tute an effective response to the global jobs crisis. been erected to the recruitment and relocation Under current conditions, the number of people of foreign personnel. seeking to migrate from poorer countries will 43. This issue is of increasing importance. The continue to exceed the demand for their services ten largest corporations in the world now em- in more prosperous states. ploy more than three million people, and such 46. The Commission does not underestimate enterprises increasingly think in a global manner the challenge of creating decent jobs and sustain- with respect to staffing, research, production able livelihoods for people in poorer countries of and sales. In this context, an employees nation- the world. Nor does it consider this challenge to ality is relevant only insofar as it allows or pre- fall directly within the Commissions mandate. vents that person from being deployed in a Nevertheless, it would be remiss to remain silent country where her or his skills are needed. on this issue, given its enormous implications for 44. Highly educated personnel make an impor- the future of international migration. Effective tant contribution to corporate competitiveness policies are urgently required to provide jobs, and the expansion of the global economy, and education, training and investment opportuni- there is consequently a need to facilitate their ties for women and men in developing countries. mobility. States have a legitimate concern to de- Migration policies alone will not be able to address fend their citizens against unfair competition the pressures that will lead people to look for work from foreign nationals, and they will evidently beyond the borders of their own country. continue to act on that basis. Even so, govern- ments and the private sector should jointly re- view existing obstacles to professional mobility, Steps to development with a view to removing those that are prevent- 47. Creating jobs and livelihoods in low-income ing enterprises from deploying the right people countries must be regarded as a shared responsi- at the right place and time. bility, with countries of origin and destination acting as equal partners, sharing rights and re- 20

29 A world of work: Migrants in a globalizing labour market sponsibilities in a common effort to meet the 49. A second step must be for the worlds more challenge of development. One step in this proc- prosperous states particularly those states that ess must be for countries of origin to assume re- express concern about the number of people ar- sponsibility for the welfare of their citizens, riving on their territory in an irregular manner creating the conditions in which people are able to acknowledge the impact of their policies on to meet their needs, exercise their human rights, the dynamics of international migration. There realize their potential and fulfil their aspirations is, for example, a growing consensus that trade at home. That is not currently the case. Accord- reform would have a greater impact on the wel- ing to the World Bank, developing countries fare of people living in low-income states than with a collective population of some two billion any increase in the aid they receive. people are falling further behind in the quest for 50. The worlds richer countries spend over development and are at risk of becoming mar- $300 billion a year in agricultural subsidies, ginalized in the world economy, except as a more than six times the amount they spend on source of migrants. overseas aid. By depressing world prices for agri- 48. It would be misleading to suggest that all cultural commodities, those subsidies make it countries have the same potential for develop- more difficult for small farmers to stay on the ment. By virtue of their geographical location, land and thereby contribute to the migration of their natural resources, their history and social people within and from developing countries. traditions, some countries are better placed than Trade has an important role to play in promot- others to establish dynamic and competitive ing development, alleviating poverty and creat- economies. But another important determinant ing sustainable livelihoods, and participants in of success is the nature of the policies that states the Doha round of negotiations must seek to pursue. In that respect, the lesson to be learned maximize the welfare gains generated by the from recent history is that countries that invest multilateral trading system. in the talents of their own people, that have open 51. Third, it is essential for all members of the economies, sound financial systems, a favoura- international community to implement the ble investment climate and honest administra- commitments that they have already made in tions are more capable of seizing the opportunities relation to development and job creation in low- presented by globalization than those countries income countries. The Millennium Declaration lacking such attributes. of 2000, for example, affirms that states will de- velop and implement strategies that give young Development in Morocco people everywhere a real chance to find decent Morroco is an example of a country that has and productive work, and that they will strive made significant recent progress in economic to attain the Millennium Development Goals, and social development. According to the World Bank, Moroccos gross national per which include halving the proportion of people capita income has more than doubled since the whose income is less than a dollar a day, elimi- 1970s, from $550 to $1,190 a year. Average life nating gender disparity in primary and second- expectancy increased from 55 in 1970 to 68 in ary education, and ensuring that developing 2001, while the average number of births per woman declined from 6.3 to 2.8 in the same countries are able to benefit from new informa- period. tion and communications technologies. 21

30 Report of the Global Commission on International Migration 52. In adopting the Monterrey Consensus of 2002, states resolved to eliminate poverty, im- prove social conditions and raise living stand- ards, and to pursue active labour market policies in order to increase employment and improve working conditions. More recently, the New Partnership for Africas Development (NEPAD), an initiative of African states sup- ported by the European Union (EU) and the G8 countries, is committed to build and retain within the continent critical human capacities for Africas development, and to promote economic growth, development and increased employment. Closing the gap between these commitments and their implementation is essential for the formulation of coherent migra- tion policies. 22

31 CHAPTER TWO Migration and development: Realizing the potential of human mobility The role that migrants play in promoting development and poverty reduction in countries of origin, as well as the contribution they make towards the prosperity of destination countries, should be recognized and reinforced. International migration should become an integral part of national, regional and global strategies for economic growth, in both the developing and developed world. 1. The issues of international migration, eco- excess supply of labour. Individual migrants and nomic growth and development are linked in a diaspora associations make financial and other number of ways. First, as explained in the previ- investments in their homeland, strengthening ous chapter, deficits in development, especially the economy, serving as conduits for new ideas an absence of jobs and sustainable livelihoods, and enriching understanding between countries are amongst the most important reasons why of origin and destination. When migrants go people migrate from their own country. Second, back to their own country, whether on a tempo- international migration contributes to the devel- rary or long-term basis, they take new skills, ex- opment of countries of destination by filling periences and contacts with them, vital assets in gaps in the labour market, by providing essential a global economy that is increasingly knowl- skills and by bringing social, cultural and intel- edge-based. lectual dynamism to the societies that migrants 3. Migration can, however, also result in the have joined. A third linkage, and the focus of this departure of a countrys brightest, best-educated chapter, is the impact of migration on growth, and most entrepreneurial citizens. This deprives development and poverty reduction in countries the state of revenue and prevents countries of of origin. origin from gaining an early return on the invest- 2. Migrants make a valuable economic, politi- ment they have made in the education and train- cal, social and cultural contribution to the socie- ing of those people. Most seriously, when it ties they have left behind. The remittances that involves the departure of professionals in sectors migrants send home play an important part in such as health and education, migration can ad- alleviating poverty in countries of origin, and versely affect the supply and quality of essential can also support the development process if the services. governments of those countries provide a con- 4. Todays challenge is to formulate policies ducive environment for economic growth. Mi- that maximize the positive impact of migration gration helps to limit the level of unemployment on countries of origin while limiting its negative and underemployment in countries that have an consequences. To achieve this objective, migra- 23

32 Report of the Global Commission on International Migration tion must form part of national, regional and to absorb all of the people who have acquired global development strategies. The Commission professional skills, then such people can contrib- is concerned that migration has generally not ute to the development of their own homeland been considered an integral component of the by migrating, sending remittances home and development agenda, and that recent develop- returning to their country of origin on a tempo- ment initiatives have not always taken due rary or longer-term basis, bringing the knowl- account of international migration. The Com- edge they have gained while living and working mission also observes that many developing abroad. As recommended in Chapter One, tem- countries lack the capacity to forge this linkage porary labour migration programmes have a between migration and development. It is in the valuable role to play in realizing these positive interest of all countries that a different approach outcomes of international mobility. be adopted. Developing countries have to adjust 7. For many countries, however, the departure to the realities of a competitive global economy, of essential workers with professional skills can and coherent migration policies are an integral have an adverse impact on society and the econ- part of this process. omy and represents a serious loss to states that have made major investments in the education The migration of professional and training of such personnel. In many coun- personnel tries in sub-Saharan Africa, for example, the de- parture of essential workers has seriously Cooperative relationships between labour- impeded the delivery of health services to local rich and labour-poor countries are required to promote human capital formation and populations, especially those living in remote the development of a global pool of profes- rural areas. If this trend continues unabated it is sionals. Providing appropriate pay, working likely to undermine the progress that has to be conditions and career prospects in order to made in achieving the health-related objectives retain key personnel must be an integral of the Millennium Development Goals. The component of such strategies. trend is less acute, but is also of concern, in the education sector. 5. Responding to the opportunities presented by a globalizing labour market, a growing The migration of health personnel number of people with professional skills are The migration of professional personnel has a moving to work abroad, both between develop- major impact on the health sector in sub- ing countries and from poorer to richer parts of Saharan Africa. Since 2000, for example, nearly the world. For the individuals concerned, inter- 16,000 African nurses have registered to work in the UK alone. Only 50 out of 600 doctors national migration represents a race to the top, trained since Independence are still practising an effort to realize their potential, increase their in Zambia. And it is estimated that there are income, improve their standard of living and currently more Malawian doctors practising in add to the knowledge they have already gained. the northern English city of Manchester than in the whole of Malawi. 6. All countries should make substantial invest- ments in the education and training of their citi- zens in order to increase the competitiveness of 8. Training and retaining an adequate number their economies. If those economies are unable of skilled personnel has become a key challenge 24

33 Migration and development: Realizing the potential of human mobility in many developing countries, and one that must ployers can easily exploit loopholes in the way be addressed immediately if a downward human they function. resource spiral is to be averted. For when some 11. Other approaches are required if this issue is people with professional skills decide to migrate to be addressed in a coherent manner. First, it is from their own country, the pressure on others to essential for foreign aid and investment to be act in a similar manner can become intense. more carefully directed towards countries and sectors that have been particularly affected by Train and retain the loss of their professionals. Co-investment programmes are one way to achieve this. Devel- 9. Putting the strategy of train and retain into oping countries have a large pool of young peo- practice is a complex undertaking, and the ple with the potential to acquire the skills Commission has serious doubts about quick-fix required by their own and other countries. But solutions that would seek to bar professional they will only be able to acquire such skills if personnel from leaving their own country and adequate resources are available to provide them finding employment elsewhere. Such an ap- with the education and training they need. Co- proach would not be consistent with human operative relationships between labour-rich and rights principles, would run counter to the glo- labour-poor countries are required to promote balizing tendency of the labour market, and co-investment in the process of human capital would in any case be very difficult to put into formation and the development of a mobile and practice. Migrants would also be discouraged global pool of professionals. In this respect, the from going back to their own country if they left Commission welcomes efforts such as those of it without authorization and felt that they would the United Kingdoms Department for Interna- be penalized on their return. tional Development to invest in the healthcare ca- 10. Calls for states that recruit foreign profes- pacity of India and other developing countries. sionals to provide direct financial compensation 12. Second, both private and public sector em- to the countries from which those personnel ployers in developing countries must under- come are not practicable. First, the professionals stand that professionals often seek employment in question often work in more than one coun- abroad or move to alternative jobs at home be- try, and so it is not clear which country would be cause their pay, working conditions and career responsible for paying compensation; second prospects are currently so poor. This is especially there is some debate about where compensation the case for women, who are concentrated in would be paid, and third there is no guarantee professions such as nursing and teaching that that compensation payments would necessarily tend to be undervalued, and who may be subject be reinvested in training and retaining strategies. to gender-based discrimination and harassment It is also doubtful that the codes of conduct some in the workplace. Developing country enter- destination countries have formulated in an prises and institutions have an obligation to be attempt to introduce a degree of self-regulation good employers, to re-evaluate traditional in the recruitment of foreign professionals are approaches to social services professions, and to effective. The practical impact of such codes has create a better environment for home-grown not yet been demonstrated, and the evidence talent to flourish than many have done so far. gathered by the Commission shows that em- 25

34 Report of the Global Commission on International Migration 13. Third, countries that are currently recruiting est level of remittances, amounting to just 1.5 per skilled personnel from abroad must engage in cent of total global remittances. better workforce planning and invest more re- 16. Remittances are now close to triple the value sources in the training of their own citizens, so as of the Official Development Assistance (ODA) to fill impending and projected gaps in the na- provided to low-income countries and comprise tional labour market. It is irresponsible for the the second-largest source of external funding for worlds more prosperous states to ignore these developing countries after Foreign Direct In- responsibilities and then to look for a quick solu- vestment (FDI). Significantly, remittances tend tion to their human resource problems through to be more predictable and stable than FDI or the active recruitment of professional personnel ODA. They continued to rise during the Asian from developing regions. financial crisis, for example, even as flows of FDI fell. This is not an isolated case. Evidence col- Migrant remittances: lected by the World Bank indicates that when a facilitating the flow country encounters political or economic diffi- culties, citizens who are living and working Remittances are private money and should abroad support their compatriots by increasing not be appropriated by states. Govern- ments and financial institutions should the amount of money they send home. make it easier and cheaper to transfer re- 17. In many recipient countries, remittances mittances and thus encourage migrants to now play an essential role in sustaining national remit through formal transfer systems. and local economies. Remittances that are trans- ferred formally can provide an important source 14. There has been a remarkable expansion in of foreign exchange to recipient countries, boost the volume of remittances sent home by interna- the capacity of the financial sector, help to attract tional migrants. While accurate figures are hard subsequent investment and provide some lever- to obtain, the World Bank estimates that the an- age for sovereign loans. nual value of formally transferred remittances in 2004 was about $150 billion, representing a 50 18. Remittances evidently provide the most di- per cent increase in just five years. Almost half of rect and immediate benefits to the people who these remittances are transferred between coun- receive them, many of whom, the World Bank tries in the developing world. It is also notewor- has established, are amongst the poorest mem- thy that migrant women and lower-paid bers of society. Remittances help to lift recipients migrants at times transfer a higher proportion of out of poverty, increase and diversify household their income than others. incomes, provide an insurance against risk, ena- ble family members to benefit from educational 15. According to UN estimates the leading recipi- and training opportunities and provide a source ents of remittances in 2004 were Mexico ($16 bil- of capital for the establishment of small busi- lion a year), India ($9.9 billion) and the Philippines nesses. When remittances are used to purchase ($8.5 billion), although remittances as a share of goods and services, or when they are invested in GDP are much higher in smaller countries such as community-based projects or in ventures that Jordan (23 per cent), Lesotho (27 per cent) and demand labour, they also benefit a broader range Tonga (37 per cent). Compared with other devel- of people than those who receive them directly oping regions, sub-Saharan Africa receives the low- from relatives working abroad. 26

35 Migration and development: Realizing the potential of human mobility 22. Third, these initiatives must be combined Remittances and household incomes with greater transparency in the financial servic- Even though sub-Saharan Africa receives the es sector, so that migrants are able to make an lowest proportion of remittances of all developing regions, they have a very significant easy comparison between the cost of transferring impact there. Household incomes in Somalia, remittances with different service providers. Fi- for example, are doubled by remittances; while nancial sector reform is the key to unlocking this financial transfers provide 80 per cent of the potential. Migrant associations and civil society income of rural households in Lesotho. institutions also have an important role to play in this respect, by collecting, analyzing and dis- seminating relevant information on the different Transfer costs and systems transfer services that are available to people who wish to remit. 19. A number of principles must be respected if the impact of remittances on development and 23 Fourth, financial literacy training pro- poverty reduction is to be maximized. First, it is grammes should be established to help migrants essential to recognize that remittances are a pri- increase their understanding of, and access to, vate resource, belonging to migrants and their formal banking systems in destination countries, families. They should therefore not be appropri- while the development of credit unions and ated by the state, nor should they be subject to community-based micro-finance institutions rep- undue official regulation. resents another way of extending financial serv- ices to remote rural areas in countries of origin. 20. Second, the Commission strongly endorses the need to lower the cost of remittance trans- 24 Such initiatives will not only generate a high- fers, which can be scandalously high up to 25 er rate of remittance transfer at a lower cost, but per cent of the amount remitted in certain cases. will also provide an incentive for remittances to The introduction of better technology is one be transferred through formal systems. In some way to reduce transfer costs, and electronic countries, only half of all remittances pass transfer systems can also help to increase the through official banking channels because security of transfers. migrants are discouraged from using them by cumbersome procedures, high fees and poor 21. Another means of reducing costs is to foster rates of exchange. Formal and recorded remit- greater competition within the formal transfer tance transfers are preferable to informal flows system, given the propensity of monopoly serv- because they reduce the risk that migrants and ice providers to maximize the charges they ex- recipients will be exploited by clandestine mon- tract from their customers. In certain destination ey laundering networks. countries, the choice of service providers is re- stricted by the limited presence of branch out- Maximizing the developmental lets, particularly in areas outside the major cities. impact of remittances Banks and postal services that are already present in such areas could help to fill this gap, providing Measures to encourage the transfer and migrants with an alternative to both highly- investment of remittances must be com- bined with macro-economic policies in priced commercial transfer services and to infor- countries of origin that are conducive to mal remittance transfer services. economic growth and competitiveness. 27

36 Report of the Global Commission on International Migration 25. The Commission underlines the importance be mixed, however, and the Commission recom- of maximizing the impact of remittances in mends that they be properly evaluated so that countries of origin. It does not consider that a lessons can be learned from past experience. sharp distinction can be made between the im- 28 The Commission acknowledges the efforts pact of remittances on development and on pov- made by organizations such as the World Bank, erty reduction. Whether remittances are used for the Inter-American Development Bank and the purposes of investment or consumption, other regional development banks to research, they bring important benefits to the households, analyse and suggest principled policy frame- communities and countries that receive them. works for financial sector reform and the That being said, the volume of remittances re- productive investment of migrant remittances. ceived by many countries of origin is now so These bodies must continue with this work, high, both in absolute terms and in relation to supporting states in the formulation and imple- other sources of finance, that it is essential to har- mentation of policies that seek to promote the ness their potential for the promotion of longer- effective use of migrant remittances. term economic growth. 26. To achieve this objective, migrants and the A conducive environment recipients of remittances must be able to make informed decisions about the use of these re- 29. While every effort must be made to maxi- sources. Households and communities in coun- mize the developmental impact of migrant re- tries of origin should be assisted to make effective mittances, this issue must be seen its proper use of remittance receipts through the provision context. First, it is essential to recognize that the of appropriate training and access to micro- developmental impact of migrant remittances credit facilities. Some studies indicate that wom- depends to a large extent on the quality of gov- en make the most effective use of remittances, ernance in countries of origin and the macro- therefore special efforts should be made to target economic policies pursued by those states. women in such initiatives. An additional option Without sound financial systems, stable curren- is to enable migrants to exercise greater control cies, a favourable investment climate and an over the use of the money they remit, by offering honest administration, even large-scale and them opportunities to purchase goods or servic- long-term remittance receipts are unlikely to es directly, rather than leaving such transactions contribute to sustainable growth. in the hands of household members. 30. Second, the growing volume of migrant re- 27. Home-town associations and diaspora mittances and the high level of visibility which organizations can play an important role in col- they have enjoyed in recent years may give the lecting and transferring collective remittances to impression that they can be an effective substi- their place of origin, which can be used for infra- tute for ODA. This is not a view supported by structural and other projects that bring benefits the Commission, which reiterates its earlier con- to whole communities rather than to individual clusion concerning the private nature of remit- households. There is also scope for such collective tance receipts. remittances to be combined with matching funds 31. Third, remittances have their own con- provided from public sources or by development straints and limitations. The evidence suggests agencies. The record of such initiatives appears to that migrants remit less to their country of origin 28

37 Migration and development: Realizing the potential of human mobility the longer they spend abroad. Second generation 33. Countries of origin can gain considerable migrants are less likely to remit to the extent that advantage by harnessing the talents and resourc- their mothers and fathers did. In some countries es of diaspora populations, which have grown that have sizeable numbers of their citizens work- significantly in size and scope as a result of the ing abroad, the receipt of large-scale remittances recent expansion of international migration. may actually be a disincentive to the introduction Many countries now have a considerable pro- of reforms that would provide a more effective portion of their citizens living and working basis for long-term economic growth. Further- abroad, and those migrants often come together more, the benefits of remittances are not shared to form diaspora organizations. equally, and may exacerbate the socio-economic 34. Such organizations take a variety of forms. disparities that exist between different house- As indicated earlier, they include Home Town holds, communities and regions in countries of Associations (HTAs), which enable people from origin. The receipt of remittances can also create the same area in the country of origin to keep in a culture of migration in emigration countries, touch with each other, as well as professional as- as a result of which young people can place exces- sociations and organizations based on common sive hopes on finding an opportunity to move interests such as sport, religion, gender, charita- abroad. Alternatively, relying on remittances may ble work and development. Such organizations be a disincentive for some to work at all. commonly collect donations from their mem- 32. Finally, when calculating the economic bers and send them back to the country of origin benefits of remittances, there is a need to factor in for specific purposes, such as: the refurbishment a number of countervailing issues. First, the op- of a school, the purchase of a generator or the portunity costs of migrants incomes being large- establishment of a day care centre for the chil- ly being spent in destination countries deprive dren of working mothers, to give just three ex- countries of origin of the demand stimulus to amples. In addition to such financial flows, grow their economies. Second, high social costs diaspora organizations also usually participate in can be incurred when migrants husbands and the political, social and cultural affairs of their wives, mothers and fathers, sons and daughters own country and community. decide to leave their own household and com- munity in order to work abroad. There is also Home Town Associations evidence to suggest that the pressure to remit can Mexican HTAs have a long history the most place a significant financial and psychological prominent were established in the 1950s. burden on migrants, especially those who have There are currently over 600 Mexican HTAs in no alternative but to work in insecure and low- 30 cities in the USA. They support public works in their localities of origin, including income jobs. funding the construction of public infrastructure (e.g. new roads and road repairs), donating equipment (e.g. ambulances Diasporas and development and medical equipment) and promoting education (e.g. establishing scholarship Diasporas should be encouraged to pro- programmes, constructing schools and mote development by saving and investing providing school supplies). in their countries of origin and participat- ing in transnational knowledge networks. 29

38 Report of the Global Commission on International Migration 35. The Commission commends the positive 38. Training programmes and business counsel- impact of diaspora and other migrant organiza- ling can also help migrants to develop the entre- tions that are constructively engaged in develop- preneurial skills and business acumen needed to ment initiatives in countries of origin, engage in successful trade and investment activi- particularly through the targeted transfer of col- ties. In this respect, the Commission underlines lective remittances. One way to enhance this its view that if the developmental impact of in- process is for governmental and non-govern- ternational migration is to be maximized, coun- mental organizations to provide matching funds tries of origin must strive to create a healthy for such remittances, on the condition that they business environment, characterized by sound are put to effective developmental use. legal frameworks, effective banking systems, 36. It is of equal importance for those who are honest public administration and a functioning providing matching funds to ensure that diaspo- physical and financial infrastructure. The Com- ra organizations do not represent narrow region- mission also welcomes the proposal of the Africa al, political or personal interests. Despite their Commission to establish an Investment potential value, diaspora organizations can be Climate Facility in Africa with the support of exclusionary; pursuing divisive agendas in coun- the G8. The ODA provided to countries of ori- tries of origin and even contributing towards gin by the worlds more prosperous states must instability and the prolongation of armed con- evidently support the attainment of such objec- flict. If their developmental impact is to be max- tives. imized, it is essential for such organizations to 39. The Commission endorses the efforts being respect the principles of human rights, good made to mobilize diaspora knowledge networks, governance and gender equity. including initiatives taken under NEPAD. An initial step in this process is to establish an inven- Trade, investment and knowledge networks tory of the skills base within the diaspora, an objective which is most effectively achieved by 37. Individual migrants and diaspora organiza- supporting the establishment of professional mi- tions can also play an important role in promoting grant organizations and other civil society enti- trade and investment in their countries of origin. ties that incorporate migrants. A second step is Where feasible and appropriate, financial invest- to develop programmes that facilitate the trans- ment can best be promoted by providing migrants fer of skills and knowledge from the diaspora to with foreign currency accounts or foreign currency their countries of origin. This might entail phys- denominated bonds in their country of origin, so ical return, by means of short-term secondments that they are not at risk of currency devaluations if or sabbatical visits, but can also involve virtual they keep their savings there. return, using the video-conferencing and inter- net facilities that are increasingly available in Diaspora investments even the poorest of countries. There are some 30 to 40 million overseas Chinese living in about 130 countries. The 40. Finally, while welcoming the extent to which OECD estimates that in 2004, investments some countries of origin have recognized and made by overseas Chinese in the Peoples realized the developmental potential of the Republic of China comprised some 45 per cent of the countrys total FDI. diaspora, there are certain dangers in this strate- gy. Development must begin at home. Migrant 30

39 Migration and development: Realizing the potential of human mobility remittances and diaspora trade and investment 44. Given the changing pattern of international can make an important contribution to growth, migration, the notion of brain drain is a some- but should not become a substitute for an eco- what outmoded one, implying as it does that a nomic policy that develops and draws upon the migrant who leaves her or his own country will talents of people who have remained in their never go back there. In the current era, there is a country of origin. need to capitalize upon the growth of human 41. In addition, migrants and members of mobility by promoting the notion of brain cir- diasporas must be left to make their own choices culation, in which migrants return to their own concerning the way and the extent to which they country on a regular or occasional basis, sharing engage in the development of their countries of the benefits of the skills and resources they have origin. In this respect, the Commission expresses acquired while living and working abroad. As its concern about the actions of governments also recommended in the previous chapter, that have sought to place undue demands on the countries of destination can promote circular financial and other resources of the diaspora. migration by providing mechanisms and chan- nels that enable migrants to move relatively easily between their country of origin and desti- Return and development nation. States and international organizations 45. Countries of origin also have important re- should formulate policies and programmes sponsibilities in this respect. People will be less that maximize the developmental impact inclined to leave and more likely to return to of return and circular migration. countries that can offer their citizens sustained economic growth, a favourable business climate 42. The Commission concludes that the old and decent working conditions. In creating such paradigm of permanent migrant settlement is conditions and becoming more competitive, progressively giving way to temporary and circu- countries of origin will not only ensure that lar migration. Each year, for example, some two migration becomes a choice rather than a neces- million Asian workers leave their own countries sity, but will also encourage return and circular to work under short-term employment con- migration, maximize the impact of remittances tracts, both within and outside the region. The and encourage diaspora populations to invest in Commission underlines the need to grasp the their homeland. developmental opportunities that this impor- tant shift in migration patterns provides for countries of origin. 43. As explained in Chapter One, continued efforts are needed to ensure the portability of pensions, so that migrants are able to return to their country of origin and have access to the re- sources they need for both consumption and investment. Portability demands the establish- ment of effective implementation arrangements between countries of origin and destination. 31

40 Report of the Global Commission on International Migration CHAPTER THREE The challenge of irregular migration: State sovereignty and human security States, exercising their sovereign right to determine who enters and remains on their territory, should fulfil their responsibility and obligation to protect the rights of migrants and to re-admit those citizens who wish or who are obliged to return to their country of origin. In stemming irregular migration, states should actively cooperate with one another, ensuring that their efforts do not jeopardize human rights, including the right of refugees to seek asylum. Governments should consult with employers, trade unions and civil society on this issue. 1. The term irregular migration is commonly of people from outside the European Union used to describe a variety of different phenome- (EU) is closely controlled, it is relatively easy to na involving people who enter or remain in a define and identify migrants with irregular country of which they are not a citizen in breach status. That is not the case in many parts of of national laws. These include migrants who Africa, where borders are porous, ethnic and enter or remain in a country without authoriza- linguistic groups straddle state borders, some tion, those who are smuggled or trafficked across people belong to nomadic communities and an international border, unsuccessful asylum many people do not have proof of their place of seekers who fail to observe a deportation order birth or citizenship. and people who circumvent immigration con- 3. The analysis of irregular migration is further trols through the arrangement of bogus mar- hampered by a serious lack of accurate data, riages. These different forms of irregular making it difficult to identify trends or to com- migration are often clustered together under the pare the scale of the phenomenon in different alternative headings of unauthorized, undocu- parts of the world. There is, however, a broad mented or illegal migration. The Commission is consensus that, as the number of international aware of the controversy surrounding the ade- migrants has increased, so too has the global quacy of these concepts, and concurs with the scale of irregular migration. It is estimated by the assertion that an individual person cannot be Organization for Economic Cooperation and irregular or illegal. This chapter therefore re- Development (OECD) that between 10 and 15 fers to the people concerned as migrants with per cent of Europes 56 million migrants have irregular status. irregular status, and that each year around half a 2. There are important regional differences in million undocumented migrants arrive in the the way that the concept of irregular migration is EU. Irregular migration is by no means confined applied. In Europe, for example, where the entry to developed countries. Asia is known to have 32

41 The challenge of irregular migration: State sovereignty and human security large numbers of migrants with irregular status: 6. In many parts of the world, states lack the up to 20 million in India alone, according to capacity to control the movement of people some estimates. Such people are also thought to across long land and sea borders. In some coun- comprise the majority of all migrants in Africa tries, community relations considerations limit and Latin America. the willingness of authorities to undertake rigor- 4. A growing proportion of international mi- ous and intrusive forms of action against mi- grants undertake long-distance journeys that grants with irregular status and the people who take them from one part of the globe to another, employ them. More generally, states are reluc- transiting through a number of countries on tant to introduce measures that would lead to their way to their final destination. In the course increased restrictions on the movement of their of a single journey, it is quite possible for a mi- own citizens and on authorized non-citizens grant to slip in and out of irregularity, according such as business travellers and tourists. to the visa requirements of the countries con- 7. The issue of irregular migration is inextrica- cerned. bly linked to that of human security. Many of the people who migrate in an irregular manner do so because their own countries are affected by Irregular migration in the USA armed conflict, political instability and econom- It is estimated that there are over 10 million migrants with irregular status in the USA, ic decline. While they are in transit, migrants accounting for nearly one third of the foreign- who move in an irregular manner often find born population. Over half the migrants with themselves exposed to danger, or become strand- irregular status are Mexican. Despite increased ed for long periods of time while en route to their efforts at border control, about 500,000 additional migrants enter the USA without final destination. Unless carefully implemented, authorization each year. efforts to prevent irregular migration can further jeopardize the welfare of such migrants. In this context, addressing the issue of irregular migra- 5. Seeking to defend their sovereignty and tion presents a major challenge. This chapter security, states have devoted enormous amounts examines that challenge, while the two subse- of attention and resources to stem irregular mi- quent chapters examine the social situation and gration, with limited success. Irregular migra- the human rights of migrants with irregular tion is driven by powerful and complex forces, status. including a lack of jobs and other livelihood opportunities in countries of origin and the de- The negative consequences of mand for cheap and flexible labour in destination irregular migration countries. The growth of irregular migration is also linked to a lack of regular migration oppor- States and other stakeholders should tunities, and is facilitated by criminal networks engage in an objective debate about the negative consequences of irregular migra- that profit from migrant smuggling and from tion and its prevention. human trafficking. The growth of diaspora com- munities and transnational social networks has 8. Irregular migration has a number of negative also made it easier for people to move from one consequences. When it takes place on a signifi- country to another in an irregular manner. cant scale, and when it receives a great deal of 33

42 Report of the Global Commission on International Migration media attention, irregular migration can under- 10. Human traffickers ruthlessly exploit mi- mine public confidence in the integrity and grants. By definition, victims of human traffick- effectiveness of a states migration and asylum ing are not free to decide on the activities in policies. Irregular migration challenges the exer- which they engage. They are often forced into cise of state sovereignty and can even become a low-paid, insecure and degrading work from threat to public security, especially when it in- which they may find it impossible to escape and volves corruption and organized crime. When for which they receive trivial or no compensa- irregular migration results in competition for tion. The US State Department estimates that scarce jobs, irregular migration can also generate every year, between 600800,000 women, chil- xenophobic sentiments that are directed not dren and men are trafficked in every region of only at migrants with irregular status, but also at the world. established migrants, refugees and ethnic mi- 11. More generally, people who enter or remain norities. in a country without authorization can be at risk 9. Irregular migration can also endanger the of exploitation by employers and landlords. lives of the migrants concerned. A large but un- Because of their irregularity, migrants are often known number of people die each year trying to unable to make full use of their skills and experi- cross land and sea borders without being detect- ence once they have arrived in a country of ed by the authorities. Smugglers may extract a destination. high price from migrants, sometimes charging 12. Women constitute a substantial proportion thousands of dollars to transport them from one of the many migrants with irregular status. Be- place to another. Smugglers do not always in- cause they are confronted with gender-based form migrants in advance of where they will be discrimination, including restricted access to taken. The means of transport used by migrant regular migration opportunities, female mi- smugglers are often unsafe, and migrants who grants with irregular status are often obliged to are travelling in this way may find themselves accept the most menial informal sector jobs. The abandoned by their smuggler and unable to majority of migrant domestic workers and mi- complete the journey they have paid for. Using grants employed in the sex industry are women the services of smugglers, many migrants have and are at particular risk of abuse. The latter in drowned at sea, suffocated in sealed containers particular also face specific health-related risks, or have been raped and abused while in transit. including exposure to HIV/AIDS. 13. While a great deal of recent attention has The dangers of irregular migration been given to the trafficking of women, it is im- The International Centre on Migration Policy portant to note that this phenomenon also Development estimates that some 2,000 migrants die each year trying to cross the affects men and children. Migrant children with Mediterranean from Africa to Europe. irregular migration status who are separated According to Mexican consulates, about 400 from their parents are a particularly vulnerable Mexicans die trying to cross the border into group, and may be trafficked into the sex indus- the USA each year. try. Such children are also at risk of becoming stateless. 34

43 The challenge of irregular migration: State sovereignty and human security 14. Migrants with irregular status are often un- sition of additional visa requirements; the intro- willing to seek redress from authorities because duction of machine-readable passports and, they fear arrest and deportation. As a result, they most recently, the use of biometric data. States do not always make use of public services to have also invested substantially in the apprehen- which they are entitled, for example emergency sion of migrant smugglers and human traffickers health care. In most countries, they are also and have introduced a variety of legal and ad- barred from using the full range of services avail- ministrative measures to ensure the speedy rejec- able to citizens and migrants with a regular status. tion of asylum applications submitted by people In such situations, NGOs, religious bodies and who are deemed to have manifestly unfounded other civil society institutions are obliged to pro- claims to refugee status. vide assistance to migrants with irregular status. 17. While such initiatives have a role to play in 15. Irregular migration is a particularly emotive stemming irregular migration, such border con- issue, and one that tends to polarize opinion. In trol policies must be implemented in a sensitive discussions of the issue, those who are concerned manner. The use of biometric data, for example, by border control and national security are often has the potential to facilitate the movement of opposed by those whose main concern is the hu- people from one country to another, but also man rights of the migrants concerned. States and carries the risk of being used in a discriminatory other stakeholders should move away from these manner and with inadequate regard for data pro- contradictory perspectives and engage in an ob- tection, privacy and civil liberties. Strengthened jective debate on the causes and consequences of border controls and visa restrictions have not irregular migration and the ways in which it always been effective in preventing irregular might be most effectively addressed. migration and can expose people to additional hazards when they seek to move in an irregular manner. When seeking to attain their legitimate The need for a comprehensive and objective of effective border control, states must long-term approach respect their human rights obligations. Border control policies should form part of 18. Border control policies must be combined a long-term approach to the issue of irreg- with other relatively short-term approaches that ular migration that addresses the socio- economic, governance and human rights are designed to stem irregular migration. While deficits that prompt people to leave their the record of such policies is somewhat mixed, own country. This approach must be based there is scope for additional information pro- on interstate dialogue and cooperation. grammes, notably by providing prospective mi- grants with a better understanding of the risks 16. In recent years, many states, particularly the entailed in irregular migration, as well as guid- more prosperous ones, have devoted billions of ance in finding regular migration opportunities. dollars to a variety of border control techniques. Capacity-building programmes, involving train- These include the deployment of additional ing, institutional development and the intro- frontier guards and immigration officers, the duction of new legislation, policies and practice construction of border fences and barriers, the are also needed in many countries, especially interdiction and detention of migrants who are those that have only recently been confronted travelling in an unauthorized manner, the impo- with the issue of irregular migration. 35

44 Report of the Global Commission on International Migration Proactive approaches Addressing the demand for irregular migrant labour 19. As noted in Chapter One, the number of people seeking to migrate seems likely to in- States should address the conditions that crease in the future as a result of the 3Ds de- promote irregular migration by providing velopmental and demographic disparities, as additional opportunities for regular migra- tion and by taking action against employ- well as deficits in the quality of governance and ers who engage migrants with irregular protection of human rights. It is therefore essen- status. tial to ensure that short-term policy responses to the issue of irregular migration are complement- 22. To a greater or lesser extent, dual labour mar- ed with longer-term and proactive approaches. kets have evolved in the majority of states: a In formulating such approaches, states must de- formal labour market, in which wages, working velop a better understanding of irregular migra- hours and other conditions of service are regu- tion and the constraints they face in attempting lated, and an informal labour market, dominat- to prevent it. ed by casual workers who do not benefit from 20. Dialogue and cooperation among states, at such protection. In some parts of the world, both a bilateral and regional level, is essential; the certain sectors of the economy, including agri- Commission therefore endorses the initiatives of culture, construction, hotel and catering servic- regional consultative migration processes to in- es, as well as domestic and sex work, have come clude irregular migration in their agendas. States to rely to a significant extent on migrants with have a shared interest in this issue and must strive irregular status, who are prepared to work in dif- towards shared responsibility and joint action. ficult, dangerous and dirty jobs with little 21. As suggested in preceding chapters, it is in security and low wages. Employing migrants the interest of both states and migrants to create with irregular status can be viewed as a form of a context in which people migrate out of choice insourcing, a strategy used by some employers and in a safe and legal manner, rather than ir- as an alternative to outsourcing or offshoring regularly and because they feel they have no when confronted with a need to cut costs and to other option. All states must strive to ensure that compensate for local labour shortages. their citizens are able to benefit from peace, hu- man rights and the opportunity to participate in Irregular migrant labour in the a democratic political process, as well as a thriv- Russian Federation ing economy and decent work. The worlds According to the ILO, there are between 3.5 and 5 million migrants currently employed more prosperous countries must support such in the informal labour market in the Russian efforts by implementing the commitments they Federation, particularly in industry, have made to the development process in coun- construction and agriculture. These migrants tries of origin. mainly originate in countries of the Commonwealth of Independent States and South-East Asia. 36

45 The challenge of irregular migration: State sovereignty and human security 23. The growth of such employment opportuni- Resolving the situation of migrants ties has provided an important incentive for peo- with irregular status ple to migrate in an irregular manner. As the States should resolve the situation of mi- global economy becomes more competitive and grants with irregular status by means of companies seek to reduce costs further, it is likely return or regularization. that the market for irregular migrant labour will continue to expand, especially in countries 26. In addition to adopting policies that seek to where the formal labour market is highly regu- reduce the scale of international migration, steps lated. The Commission calls on states to con- must also be taken to resolve the situation of sider and address this issue. At the same time, people who have already entered a country and tougher administrative, civil and even criminal who have an irregular status. A first challenge is sanctions are required against employers and to identify such people. As long as they remain contractors who knowingly engage irregular mi- invisible to the authorities, they cannot be made grant labour, exploit these workers and expose aware of, and guaranteed access to, the rights and them to danger. services to which they are entitled, including 24. The Commission also urges states to con- protection against exploitation. sider making more regular migration opportuni- 27. NGOs, migrant and diaspora organizations ties available when gaps in the labour market and other stakeholders should cooperate with need to be filled, and to establish clear and trans- the authorities in establishing contact with mi- parent criteria for the recruitment of foreign grants with irregular status and finding solutions workers. In this respect, the Commission reiter- for them. The Commission recognizes that mi- ates the proposal made in Chapter One for the grants attain an irregular status in a wide variety introduction of appropriately designed tempo- of ways and that certain solutions are more rary migration programmes. appropriate to some groups of migrants than 25. The Commission is fully aware of the argu- others. States should consider the judicious ap- ment that the establishment of regular migration plication of two specific solutions return and programmes will not necessarily reduce the scale regularization as ways of resolving the situation of irregular migration, as the supply of migrants of migrants who lack legal authorization to be in is currently greater than the demand for their their country of residence. services, and also because regular migration cre- ates transnational social networks that can be Return used to facilitate irregular migration. However, regular migration programmes could reinforce 28. Effective return policies are required if na- public confidence in the ability of states to admit tional and international migration policies are to migrants into their territory on the basis of la- have any credibility and are to retain the support bour market needs. Programmes of this kind of the public. The Commission recognizes there would also help to create a more positive image are times when the mandatory repatriation of of migrants and foster greater public acceptance migrants with irregular status is appropriate, but of international migration. stresses the importance of ensuring that such re- turns take place after due process of law and only to destinations where the life or liberty of the 37

46 Report of the Global Commission on International Migration migrants involved are not placed at risk. Coun- jected but who are unable to gain the documents tries of origin should provide consular services to required for them to re-enter their country of attend to the needs of migrants with irregular origin should also be helped to find an interim status who are subject to removal. Every effort solution to their plight, pending the time when should be made to facilitate returns on a volun- return becomes possible. tary basis. 32. Special efforts must be made to identify 29. All returns should be undertaken in a man- victims of human trafficking. Many countries ner that is safe, dignified and humane, with full offer such people a reflection period, which en- respect for fundamental human rights. The mi- sures that they are not immediately repatriated grants in question also have a responsibility to and are granted access to legal services and reha- return, and an obligation to cooperate with the bilitation assistance. The Commission urges all authorities, when they have legitimately been countries to introduce such reflection periods requested to leave a country. for the victims of human trafficking. 30. It is an established principle that states have an obligation to re-admit their own nationals. The regularization option The Commission calls upon all states to uphold 33. A number of states in different parts of the this principle in its full scope and to apply it in world have established regularization pro- situations where the migrants concerned have grammes. Such programmes offer legal status to failed to cooperate with the authorities in the migrants with irregular status, who have been country they have been required to leave. Devel- present in a country for significant periods of opment assistance should be used to support the time, who have found employment and whose re-integration of returning migrants in countries continued participation in the labour market is of origin, focusing on the provision of commu- welcomed by the state and private sector. It is the nity-based aid to the areas most seriously affect- Commissions view that the very need for such ed. While individual re-integration grants may regularization programmes exposes a lack of co- also be used to promote and facilitate returns, herence between national migration and labour such grants should not be set at a level which market policies. The Commission also makes a suggests that there is something to be gained distinction between such selective regularization from irregular migration and deportation. programmes and amnesties, in which migrants 31. There are certain situations in which it might with irregular status are given legal status in an not be feasible or appropriate to insist on the re- across-the-board manner. turn of migrants with irregular status. Asylum 34. The Commission recognizes that regulariza- seekers who have entered or remained in a coun- tion programmes can be complex undertakings try in an irregular manner, and whose claims and accepts that they can promote additional have not yet been determined, are clearly one irregular migration, especially if states establish such group. They only become subject to re- ongoing or rolling regularization programmes. moval once their claim to refugee status or some It nevertheless calls on states to acknowledge the other form of protection has been rejected after a fact that many migrants with irregular status have full and fair consideration of their case. Asylum found a place in their economies and societies. seekers whose claims have been definitively re- 38

47 The challenge of irregular migration: State sovereignty and human security 35. The Commission recommends that regu- larization takes place on a case-by-case basis. A The geography of human trafficking transparent decision-making process for regu- Although the scale of human trafficking between regions is increasing, most takes place larization programmes is essential, with clearly within regions. According to the US State defined criteria for migrants to qualify for regu- Department, about two thirds of global victims lar status. These might include, for example, the are trafficked intra-regionally in East Asia and applicants employment record, language ability, the Pacific (260280,000) and Europe and Eurasia (170210,000). absence of a criminal record and the presence of children who have grown up in the country; in other words, those who have already achieved a 37. The Commission recognizes that there can substantial degree of integration in society. be convergences between migrant smuggling and human trafficking and that a clear distinc- Migrant smuggling and human tion between the two phenomena cannot be trafficking made in every case. The legal status of a single migrant and the degree of exploitation she or he States must strengthen their efforts to experiences may change in the course of a jour- combat the distinct criminal phenomena ney. The definitional issue is further complicated of migrant smuggling and human traffick- ing. In both cases, perpetrators must be by the fact that some victims of trafficking and prosecuted, the demand for exploitative smuggled migrants may seek asylum and qualify services eradicated and appropriate pro- for refugee status. tection and assistance provided to victims. 38. The Commission calls upon states to prose- cute the perpetrators of migrant smuggling and 36. The Commission emphasizes the legal dis- human trafficking, and to bring their law into tinction that exists between migrant smuggling conformity with the two United Nations Proto- and human trafficking in the context of irregular cols that have been introduced to address these migration. In international law, trafficking is de- issues. Some states, including parties to the fined as the recruitment, transportation, trans- smuggling and trafficking protocols, lack the fer, harbouring or receipt of persons, by means of resources, capacity and will to implement these the threat or use of force or other forms of coer- protocols effectively. The Commission therefore cion or deception, for the purpose of exploita- underlines the importance of multilateral coop- tion. According to this definition, human eration, including targeted funding and capacity- trafficking is independent of victim consent and building, to ensure that these phenomena can be is a human rights violation. In contrast, the con- addressed on a worldwide basis. cept of smuggling refers to consensual transac- tions where the smuggler and the migrant agree to circumvent immigration control for mutually Protection of victims advantageous reasons. Migrant smuggling con- 39. States must take three complementary forms stitutes a breach of national immigration laws of action if they are to address the problems of and is considered to be a serious crime in a grow- migrant smuggling and human trafficking in an ing number of countries. effective manner. First, they must prosecute the perpetrators, including those who recruit and 39

48 Report of the Global Commission on International Migration harbour trafficked persons, and confiscate these 41. During its consultations, the Commissions perpetrators assets. Second, they must reduce decision to discuss the issue of asylum in the con- the demand for the services of smuggled and text of irregular migration has been queried by trafficked people, both by means of information stakeholders. They have pointed to the danger of campaigns and educational initiatives, and confusing the two issues and jeopardizing the through the strengthening of national law. The rights of people claiming refugee status. The reinforced regulation of marriage, tourist and Commission shares this concern but also consid- adoption agencies is of particular importance in ers that important linkages exist between irregu- this respect. Third, action against those who are lar migration and asylum. engaged in migrant smuggling and human traf- 42. First, movements from a single country may ficking must go hand-in-hand with effective include some people who qualify for refugee sta- protection for their victims. tus and others who do not, especially when that 40. The needs of trafficking victims may differ country is simultaneously affected by human from those of smuggled migrants, but some rights violations, armed conflict, political insta- common approaches are required. Awareness- bility and economic collapse. Second, many asy- raising is of particular importance in order to lum seekers move in an irregular manner, often provide victims with information on the protec- making use of migrant smuggling networks, be- tion, assistance and other services that are cause they are unable to gain the documents they available to them. Likewise, the training of pros- need to travel in an authorized manner. Indeed, ecutors, judges, police officers, border guards, a person who is being persecuted by her/his gov- labour inspection units and social workers is also ernment may well find it impossible to obtain a required, so as to strengthen the capacity of passport, let alone a visa to enter another coun- states to provide victims with adequate and ap- try. Third, some migrants who manifestly have propriate protection. Given the number of no need of international protection nevertheless women and children (including unaccompanied submit an asylum application once they have ar- minors) who are smuggled and trafficked from rived in another country, so as to maximize the one country to another, such services must evi- time that passes until they become liable to repa- dently be provided in a gender and age-sensitive triation. Finally, migrants who move for eco- manner. They must also be fine-tuned to address nomic reasons may become destitute and the different levels of exploitation and abuse that vulnerable to human rights abuses while they are are involved in the discrete, but often intercon- in transit, and require protection and assistance, nected, crimes of migrant smuggling and even if they do not have a valid claim to refugee human trafficking. status. 43. The Commission is committed to the prin- Irregular migration and asylum ciple enunciated in the Agenda for Protection established by the Office of the UN High Com- In their efforts to stem irregular migration, missioner for Refugees (UNHCR), that the states must respect their existing obliga- institution of asylum should not be undermined tions under international law towards the human rights of migrants, the institution by the efforts of states to stem irregular migra- of asylum and the principles of refugee pro- tion. As specified in Article 31 of the 1951 UN tection. Refugee Convention, refugees must not be 40

49 The challenge of irregular migration: State sovereignty and human security penalized on account of their illegal entry or 46. Those granted refugee status, either on an presence in a country, provided they present individual or a prima facie basis, must subse- themselves without delay to the authorities and quently be able to enjoy an adequate degree of show good cause for their illegal entry or pres- protection, security, a reasonable standard of liv- ence. If this principle is to be respected, police ing and the prospect of finding a solution to their officers, border guards, immigration and asylum plight, whether by means of voluntary repatria- officials must be well versed in the fundamentals tion, local integration or resettlement. In the of international refugee law. absence of such conditions, some refugees will 44. The Commission urges all states to establish inevitably seek to move further afield, usually in fast, fair and efficient refugee status determina- an irregular manner. tion procedures, so that asylum seekers are 47. The Commission endorses the principle of quickly informed of the outcome of their case. In improving refugee protection and assistance some countries significant backlogs remain, standards in regions of origin, but calls on states leaving asylum seekers in limbo for months or and other stakeholders to recognize that these years on end. The Commission recommends efforts are unlikely to prevent all onward move- immediate action to address this problem. In ments by refugees and asylum seekers. This is situations of mass influx, states should consider partly because differing standards of living and offering the new arrivals prima facie refugee levels of human security across and between re- status, a practice used to good effect for many gions will continue to prompt such onward years in Africa and developing countries in other movements, and partly because migrant smug- regions. glers and transnational social networks will con- tinue to have an interest in facilitating them. Onward movements 48. Almost 75 per cent of the worlds 9.2 million refugees are to be found in developing countries, 45. The Commission draws special attention to and the Commission is aware that improving the issue of onward movements, in which asy- protection and assistance in regions of origin lum seekers and refugees move in an irregular may require the worlds poorest states to assume manner from a country where they have already responsibility for an even greater proportion of applied (or could have applied) for asylum or the worlds refugees than is already the case. It is where they have already been granted refugee essential to put the principles of responsibility status. The Commission underlines the need to and burden-sharing into practical and immedi- address this issue by ensuring that asylum seekers ate effect, through, for example, the provision of either have their claim to refugee status fairly and additional development assistance to refugee- speedily examined in the country where they populated areas and the expansion of refugee initially arrive, or that they be granted prima resettlement programmes. facie recognition. 41

50 Report of the Global Commission on International Migration CHAPTER FOUR Diversity and cohesion: Migrants in society Migrants and citizens of destination countries should respect their legal obligations and benefit from a mutual process of adaptation and integration that accommodates cultural diversity and fosters social cohesion. The integration process should be actively supported by local and national authorities, employers and members of civil society, and should be based on a commitment to non-discrimination and gender equity. It should also be informed by an objective public, political and media discourse on international migration. 1. International migration is increasing not 3. Many people, especially younger genera- only in scale and speed, but also in terms of the tions, consider such cities to be the most inter- number of countries and the range of people esting and vibrant places to live in. While involved. Throughout the world, people of international migration may be driven to a sig- different national origins, who speak different nificant extent by economic considerations, languages, and who have different customs, reli- many people choose to move abroad in order to gions and patterns of behaviour are coming into experience new places and cultures, to adopt a unprecedented contact with each other. As a different lifestyle or to link up with members of result, the notion of the socially or ethnically their family or community who have migrated homogeneous nation state with a single culture in the past. has become increasingly outdated. Most socie- ties are now characterized by a degree (and often Migration and social diversity a high degree) of diversity. In 1970, international migrants accounted for 2. The intermingling of people from different more than 10 per cent of the population in 48 countries. By 2000, this number of countries countries and cultures presents both opportuni- had risen to 70. ties and challenges. In terms of opportunities, there is evidence to suggest that diverse societies and communities can be socially dynamic, cul- 4. The diversity that has resulted from interna- turally innovative and economically successful. tional migration has also created some impor- This is particularly apparent in the emergence of tant challenges, especially in the degree of social global cities, highly cosmopolitan urban areas cohesion in host communities. All societies are that accommodate large numbers of migrants, characterized by conflicting value systems and allowing them to be well placed to capitalize on competition for resources, and it would be the new trading, investment and business opportu- wrong to suggest that migration brings tension nities opened up by the process of globalization. to communities that would otherwise be per- 42

51 Diversity and cohesion: Migrants in society fectly harmonious. Even so, it is clear that migra- 7. International migration often entails the tion can have powerful and emotional human movement of people whose social, cultural and consequences, both among migrants themselves ethnic backgrounds and characteristics are dif- and among members of the host society. ferent from those of most people in the society 5. As stated in Chapter Three, migrants are they are joining. Destination countries have tra- often viewed with suspicion by other members ditionally dealt with this situation in a number of society, especially when those migrants arrive of different ways. One has been to exclude mi- in substantial numbers, when their presence is grants (especially temporary contract workers not authorized and when they appear to com- and asylum seekers) from society, ensuring that pete with citizens for public goods and services. they have no prospect of integration. Another These challenges have been reinforced by devel- has been to insist that migrants abandon their opments in the international political environ- own culture and assimilate into the majority way ment. In parts of the world, certain politicians of life. A third has been to pursue policies that and media outlets have found it easy to mobilize enable all members of society, including migrants support by means of populist and xenophobic and nationals, to express their own culture and campaigns that project systematically negative beliefs, on condition that they remain within the images of migrants. rule of law and subscribe to a set of common social values. 6. As a result of violent events involving for- eigners and members of ethnic minorities in cities 8. States have a right to determine their own such as New York, Madrid, Amsterdam and policies with respect to the situation of migrants London, public concerns about international in society, but in doing so must ensure that such terrorism have cast further suspicion on migrants policies are consistent with international human and have fuelled the growth of anti-Muslim prej- rights principles to which most states have for- udice. In some instances, migrants themselves mally agreed. The Commission underlines the have compounded these problems by failing to need for states to ensure that all migrants in- respect the rule of law or trying to understand cluding those who have no prospect of integra- the values of the countries to which they have tion or long-term residence in their country of moved. Governments have a particular responsi- destination are able to exercise all of their fun- bility to counter such trends, and must take active damental human rights. This includes, for ex- steps to ensure that all members of society, citizens ample, freedom of peaceful assembly, of opinion and migrants alike, are active and equal partici- and of religion. The Commission also considers pants in the life of the country in which they live. it essential for all migrants to enjoy the mini- mum labour standards guaranteed under rele- vant ILO Conventions, while recognizing that State policies and practices this objective might be difficult to achieve in countries where many nationals are currently While recognizing the right of states to determine their own policies in relation to deprived of such rights. the situation of migrants in society, all mi- 9. Ensuring that migrants are able to live at ease grants must be able to exercise their fun- in the society they have joined is not simply a damental human rights and benefit from minimum labour standards. question of human rights principles, but is also a question of mutual interest and benefit. 43

52 Report of the Global Commission on International Migration Migrants who are accepted and respected by tional migration has been one of the most other members of society are best placed to fulfil dynamic forces in the development of contem- their potential and to contribute to their adopt- porary states and societies, including many of ed country. Social cohesion provides migrants those with a record of economic success. and citizens alike with a sense of security and 12. At the same time, the Commission notes common purpose, and is an important compo- that integration has proven to be a more prob- nent of economic success. lematic process in some of the countries that have significant migrant and minority popula- Integration and marginalization tions. While it is difficult to generalize on this issue, evidence analysed by the Commission in- Authorized and long-term migrants should dicates that in many countries, first-generation be fully integrated in society. The integra- migrants suffer disproportionately from physi- tion process should value social diversity, foster social cohesion and avert the mar- cal, mental and reproductive health problems, ginalization of migrant communities. that they have lower educational attainments than nationals and generally live in poorer qual- 10. There has been a tendency in some countries ity accommodation. Migrants also tend to oc- for migration and integration policies to be for- cupy low-wage and low-status jobs and are more mulated and implemented in isolation from likely to suffer from long-term unemployment each other, even though they are part of a con- than other members of society. tinuum. Social cohesion is most effectively 13. Such negative migration outcomes arise maintained by promoting a process of integra- from a variety of different factors, including dis- tion, especially in those situations where new crimination in the labour and housing markets, immigrants are expected to become permanent the inability of migrants to gain equitable access or long-term residents of the country to which to education and health care, xenophobia and they have moved. The Commission considers racism, as well as low educational levels, limited integration to be a long-term and multi-dimen- language skills and the irregular status of signifi- sional process, requiring a commitment on the cant numbers of migrants. In general, the chil- part of both migrants and non-migrant mem- dren and grandchildren of migrants fare much bers of society to respect and adapt to each other, better than their predecessors in terms of their thereby enabling them to interact in a positive socio-economic status. Indeed, the upward mo- and peaceful manner. Integration recognizes and bility of many migrant children is one of the accommodates differences, but requires a sense most positive aspects of international migration. of common belonging amongst nationals and At the same time, it has become clear that citi- migrants alike. zens who originate from migrant families can 11. In a number of countries around the world, become deeply and violently alienated from the integration has been particularly successful, ena- society in which they live, even if they have at- bling migrants to make important contributions tained a good level of education and income. to the economic, social and cultural develop- ment of the societies in which they have settled. Indeed, historical evidence suggests that interna- 44

53 Diversity and cohesion: Migrants in society Migrant marginalization A coherent approach to integration 14. In the absence of effective integration, desti- Local and national authorities, employers nation countries will not be able to capitalize and members of civil society should work upon the contribution that migrants can make in active partnership with migrants and to society. The Commission underlines the need their associations to promote the integra- tion process. Migrants should be properly to ensure that migrants are able to achieve their informed of their rights and obligations potential and meet their aspirations, and points and encouraged to become active citizens out the dangers associated with the exclusion in the country to which they have moved. and marginalization of migrants and the chil- dren of migrants. The growth of disadvantaged 16. There is no simple or single blueprint for the and segregated migrant communities is likely to effective integration of migrants in society, have a high social and financial cost. It may fur- although the best examples of integration seem thermore have implications for public security to take place in countries where there is a broad and could also lead to other members of society degree of consensus on the issue of immigration feeling threatened by their presence. amongst political parties. The process of integra- 15. The risk in such situations is that members tion occurs primarily at a local level, and the of migrant and minority populations may re- policies that are employed to promote that proc- treat from society and look for militant ways of ess must therefore be situation-specific, and take expressing their frustration and asserting their into account the precise circumstances and char- identity. Such scenarios not only represent a acteristics of both migrants and other social threat to public safety and the rule of law, but, by groups. Moreover, many states are unable to provoking negative attitudes towards migrant meet the needs and demands of their own citi- communities, also place new obstacles in the zens. It is therefore not easy for them to give a way of integration and social cohesion. All of the high priority to the situation of migrants. stakeholders concerned migrant communities, Indeed, nationals may react in a negative man- civil society institutions, national and local gov- ner if they feel that scarce public resources are ernment as well as the private sector stand to being used for such a purpose. gain by working together in an effort to avert 17. While a uniform approach may be inappro- such negative outcomes. priate, the experience of societies where the process of integration has been relatively success- Elements of integration ful has led the Commission to conclude that a A study prepared by the UN Population coherent approach to integration is required, Division concluded that the integration of incorporating the elements set out below. migrants in host societies depends primarily on their command of the national language, their ability to find reasonably paid work, their legal Transparency and the rule of law status, participation in civil and political life, as well as their access to social services. 18. Migration and refugee policies which are not fair, transparent, openly debated and consensu- ally grounded are likely to generate suspicion and resentment amongst the citizens of destina- tion countries, thereby impeding the integration 45

54 Report of the Global Commission on International Migration process. Governments must explain to the pub- should respect the International Convention on lic why they are admitting migrants and refu- the Elimination of All Forms of Racial Discrimi- gees, how many are being admitted and what nation, which has been ratified by more than support they will receive from the state. More 175 governments, promoting and practicing the generally, states that admit long-term or perma- principle of non-discrimination by setting a nent settlers to their territory must recognize positive example to society in the way they con- that it is in the best interest of migrants and citi- duct their affairs. In many countries, for exam- zens alike to invest in the integration process. ple, governments are the largest employers, the 19. A coherent integration policy must be based largest service providers and purchasers of goods on respect for the cultural differences that mi- and services. It is consequently essential that grants bring with them. Such respect is essential they take a strong lead in terms practising and for a number of reasons: first, a dialogue between promoting progressive recruitment and diversity different cultures is a healthy phenomenon; sec- policies, as well as the extent to which they en- ond, new cultures bring new skills, sources of gage with migrant and ethnic enterprises in their energy and forms of expression to a society; and procurement policies. third, migrants must be able to retain their self- 22. Private sector companies, especially those respect so they do not feel besieged and threat- that are large, prestigious and influential, should ened. This does not mean that the culture of act in a similar manner. Those employers who migrants is above criticism. Indeed, cultural have made an explicit commitment to progres- practices that conflict with international human sive goals such as non-discrimination, migrant rights instruments and the rights of other people integration and gender equity are to be com- can legitimately be prohibited. mended. Other companies should replicate such practices and become members of the UNs Glo- 20. States have a responsibility to provide au- bal Compact, which commits participating or- thorized migrants with a secure legal status and ganizations to 10 basic principles, including the appropriate documentation, and to ensure that principle that businesses should uphold the they can exercise all of their human rights. States elimination of discrimination in respect of em- must uphold the rule of law and migrants who ployment and occupation. Those enterprises challenge the rule of law must expect states to which are able to draw on the talents of a diverse take firm action against them. States must take workforce are best placed to capitalize upon the equally firm action against any elements in soci- opportunities created by an increasingly com- ety that seek to abuse, intimidate or exploit mi- petitive and globalized economy. grants. Unless these basic objectives are achieved, integration will be problematic. Celebrating Canadian diversity According to the most recent Canadian census, Anti-discrimination activities 37 per cent of Vancouvers population belongs to communities coming from countries in 21. State authorities at both the national and lo- regions other than Europe. In July 2005 the city cal level should support the objective of integra- held its first Diversity Festival, enabling all tion by publicly confirming their commitment ethnic and cultural groups to tell their stories to integration and by acknowledging the contri- through music, food, dance, poetry, art and sculpture. butions that migrants make to society. States 46

55 Diversity and cohesion: Migrants in society 23. Discrimination must be countered by estab- adopted society will find it particularly difficult lishing and implementing appropriate laws, to become active citizens, and the acquisition of especially in areas that have a direct impact on appropriate language skills must therefore be the potential of migrants to succeed in their new considered as a basic obligation of long-term and society, such as employment, housing and edu- permanent migrants. Equally, states that admit cation. There is a particular need to ensure that migrants to their territory should invest in the representatives of the state, such as the police, integration process by assisting those who do not judges, immigration officers, civil servants and speak a local language to acquire such skills. medical personnel receive the training required for them to have an understanding of migrant Support and dialogue cultures and to treat nationals in a non-discrimi- natory manner. 27. Integration and social cohesion can also be promoted by providing targeted support and services to migrants, especially in the key areas of Active citizenship employment, skills training and language train- 24. Effective integration requires migrant and ing. The Commission recognizes that many minority populations to be properly involved in states lack the capacity to provide such services. the political process. There is a particular value It therefore suggests that capacity-building in giving local voting rights to authorized and programmes and projects supported by interna- longer-term migrants. The Commission under- tional funding be established to support the lines the importance of ensuring that migrants integration process. States should also enter into who are admitted for permanent settlement have agreements with regard to the mutual recogni- speedy and affordable access to citizenship. tion of qualifications, so as to ensure that mi- 25. As a result of the globalization process and grants are able to practice the skills they have the growth of transnational communities, estab- gained in their own country. lished notions such as citizenship and the nation 28. Given the multidimensional nature of inte- state are being redefined. In future, it seems gration, there is a need for coherence and coordi- likely that a growing number of people will have nation between governmental bodies dealing more than one nationality, will identify with with issues such as health, education, social more than one culture and will divide their time welfare, employment and law enforcement. In between more than one country. This develop- each of these areas, steps can be taken to ensure ment presents some difficult challenges, but also that migrants have equitable access to public some important opportunities for states and services by means of outreach and information societies that admit migrants. programmes and the provision of translation 26. To promote active citizenship, migrants services. should ideally be provided with a clearly written 29. Integration is most effective in the workplace statement of their rights and obligations when and the school. It is in these community-based they are admitted to a country, thereby encour- contexts that migrants and other members of aging them to become active citizens from the society can most readily develop a sense of earliest possible moment. Migrants who do not mutual respect, establish friendships and pursue speak the official language or languages of their common objectives. Unless integration is 47

56 Report of the Global Commission on International Migration fostered at this level, one cannot expect more and culture may also be divided into a relatively ambitious and centralized initiatives to have small number of highly-skilled and well-paid their intended effect. professionals, and a much larger number of 30. The Commission also underlines the impor- people who are clustered at the bottom end of tance of promoting educational programmes, the labour market. inter-cultural and inter-faith dialogues in diverse 33. In this context, determining which individ- communities, so as to dispel the myths and mis- uals and organizations are sufficiently represent- understandings that may exist between different ative to speak on behalf of other migrants can be social groups. Civil society institutions, includ- problematic. In many situations, moreover, the ing churches, mosques, temples and other faith- most powerful and articulate migrant represent- based bodies, have a leading role to play in such atives are men, who may have a vested interest in activities. The integration process should also be retaining cultural practices that preserve their fostered by means of international and inter- own power and which disregard the interests and faith dialogue; a good example is the Euro- preferences of women and children. Mediterranean Partnership Barcelona Process, which promotes rapprochement between peo- Migrant obligations ples through a social and human partnership, aimed at encouraging understanding between 34. In some situations, the individuals and or- cultures and exchanges between civil societies. ganizations that claim to represent a migrant or minority community are opposed to the very notion of integration because they have rejected Participation and representation the values and the culture of the society in which 31. Most migrants are characterized by an entre- they are living. The Commission recognizes the preneurial spirit and are motivated by a determi- danger of this scenario, and calls on all migrants nation to succeed in life. It is essential to foster to respect the obligations they assume when they such vitality and to ensure that migrants them- are admitted to other states, especially the obli- selves are full participants in the process of inte- gation to desist from any activity which poses a gration. The Commission consequently calls on threat to public order, which is in violation of the national and local authorities to ensure that mi- law and which infringes upon the rights of other grant associations and migrant womens groups, people. as well as the religious bodies and civil society 35. States have a responsibility to ensure that mi- institutions which work most closely with mi- grants are familiar with the laws, customs and grants, are effectively involved in the formula- values of the society they are joining, while mi- tion and evaluation of policies and programmes grants have a responsibility to respect them. If that are intended to promote integration. migrants feel that they are unable to live within 32. At the same time, the Commission recog- the law and constitution of their host country, nizes the difficulties associated with this ap- they should consider leaving it or, once they have proach. Migrant populations are themselves acquired citizenship, campaign for political increasingly diverse and are often divided along change through peaceful and democratic means. national, ethnic, ideological, religious and gen- Integration will be impeded if some migrants are erational lines. Migrants from the same country fundamentally opposed to the values of the soci- 48

57 Diversity and cohesion: Migrants in society ety in which they live, and if some citizens refuse do not know the language of the country they to acknowledge the legitimacy of the migrants are living in or do not have access to supportive presence. social networks. 39. In some countries, migrant women experi- Migrant women and children ence discrimination in the labour market and find themselves in a situation of brain waste, Particular attention should be given to the when they have to take jobs for which they are empowerment and protection of migrant over-qualified. In others, migrant women may women, as well as ensuring that they are be subject to dismissal and deportation if they actively involved in the formulation and implementation of integration policies and become pregnant or become socially stigmatized programmes. The rights, welfare and edu- if they contract HIV/AIDS. Migrant women cational needs of migrant children should who have moved in an irregular manner may also be fully respected. find that their children are stateless and thus de- prived of basic rights both in their country of 36. The challenges experienced and presented residence and in their country of origin. by different groups of international migrants 40. Evidence collected by the Commission indi- vary considerably, and the Commission conse- cates that a significant number of migrant wom- quently wishes to make some observations with en are at risk of violence from their spouse or respect to the social circumstances of some intimate partner, especially in communities that groups that are of particular concern, beginning are characterized by poverty, marginalization with migrant women and children. and rapidly changing gender roles. Moreover, while work, education and language skills are generally considered to be the most important Migrant women avenues of inclusion, migrant women are more 37. Migration can be an empowering experience likely than men to remain outside of the labour for women. It can entail moving away from soci- market and spend most of their time at home, eties with traditional and patriarchal forms of making it more difficult for them to establish the authority. It can allow women to work, to earn language skills and social networks required to their own money and to exercise greater deci- integrate in their new society. sion-making power in their daily lives. Women 41. The Commission recognizes that all societies who migrate may also have the opportunity to are characterized by gender inequalities, and that learn new skills and enjoy a higher socio- such inequalities affect migrants and non-mi- economic status when they eventually return to grants alike. The Commission underlines the their own country. need for migration policies and programmes to 38. Regrettably, however, migration can have be gender-sensitive, to give special attention to the opposite effect. Women who migrate for the the social situation and inclusion of migrant purpose of marriage, domestic labour, or to women, and ensure that women are empowered work in the entertainment and sex industries are by the migration experience. Every effort must particularly vulnerable to exploitation and social be made to ensure that migrant women are isolation, as are those who are trafficked. Such actively involved in the formulation, implemen- problems are reinforced when migrant women tation and evaluation of such policies and 49

58 Report of the Global Commission on International Migration programmes. The organization of migrant 44. Children who are taken from one country women in countries of destination is also of im- and continent to another may be traumatized by portance as diaspora populations influence the the fact that they have left behind a familiar way way that people in their country of origin think of life and find themselves in a society where the about issues such as gender equity. In this re- language, culture and values are quite different. spect, migrants can act as a force for progressive Migration can lead to gender and generational change in countries where the rights of women tensions within households, and such conflicts are generally not respected. can impinge very directly on the health and wel- 42. Finally, and in accordance with the Com- fare of the youngest family members. In the missions conviction that people should migrate worst cases they can lead to violence and other out of choice rather than from necessity, contin- forms of abusive treatment, particularly against ued efforts must be made to ensure that women girls and young women. As migrant and minor- can exercise all of their human rights and realize ity children grow up, they may also experience a their full potential within their country of ori- sense of alienation and uncertainties with re- gin. In too many instances brought to the atten- spect to their identity and allegiances, particu- tion of the Commission, women have felt larly if they encounter discrimination and obliged to leave their own country and to look xenophobia from other members of society. The for work elsewhere because they are deprived of children of migrants with irregular status are rights and opportunities at home. especially vulnerable, as they may find them- selves effectively stateless and may not be able to exercise their right to education. Migrant children 45. The Commission underlines the need to en- 43. It is often assumed that migrant children sure that the rights, welfare and educational adapt more quickly to their new surroundings needs of migrant children are fully respected by than their parents and grandparents. While all members of society. While integrating in a there is certainly evidence to support this asser- new society, migrant children should be given tion, it would be dangerous to conclude that the the opportunity to keep in touch with their integration of migrant children is an issue that country of origin and its culture. As suggested can take care of itself. earlier, in the current era of globalization and human mobility, a growing number of migrant children will have more than one home and will Access to education A 2003 study conducted in Johannesburg, hold dual or even multiple citizenship, if permit- South Africa, a country that has social and ted by the states concerned. economic rights enshrined in its constitution, found that 70 per cent of Somali refugee children were not registered at school, even though they were entitled to education. While some parents had chosen not to enrol their children, most had not done so because of their isolation from South African society. According to UNHCR, around 7,000 Somali refugees were living in South Africa at the beginning of 2005. 50

59 Diversity and cohesion: Migrants in society Temporary migrants and migrants migrants who have entered or remained on their with irregular status territory in an irregular manner. This issue may While temporary migrants and migrants at first appear to be relatively clear-cut. For un- with irregular status are not usually grant- less such migrants are able to regularize their sit- ed the right to integrate in the society uation in some way (in which case they can no where they are living, their rights should be longer be described as irregular), they are nor- fully respected and they should be protect- mally subject to removal from that country. ed against exploitation and abuse. 49. In practice, however, the social situation of migrants who have moved in an irregular man- 46. Two other groups that present particular ner cannot be dismissed so easily, because such challenges in relation to their social situation and migrants and their children have both needs that integration are temporary migrants and mi- must be met and rights that must be respected. It grants with irregular status. The reluctance of can be argued that people who have been living certain states to contemplate the introduction of in a country for long periods of time, especially if temporary migration programmes despite they have been working and contributing to the their need for additional labour has been influ- national economy, have some claim on the serv- enced by a concern that participants in such pro- ices of the state, irrespective of their legal status. grammes, especially those at the lower end of the The Commission is also concerned by those sit- labour market, will not return to their homeland uations in which asylum seekers wait for years to when their period of employment expires. receive a final decision on their application for 47. The Commission recognizes the reality of refugee status, but are prevented from working this concern and acknowledges that states have a during that time, even if they have skills that are legitimate interest in treating short-term and of value to the national economy. contractual migrant workers differently from those who are accepted for permanent settle- 50. States must meet their obligation to provide ment. At the same time, and in the interests of essential services such as essential health care and social cohesion and harmony, it is essential to the education of children to irregular migrants ensure that migrants who have been admitted to and their families. As proposed in Chapter Three another state on a temporary basis benefit from of this report, states which tolerate and benefit the process of inclusion, in the sense that their from the presence of such migrants on their terri- human rights are respected; that they are pro- tory should also give serious consideration to meas- tected from exploitation or abuse, and that they ures that would regularize their status and thereby are able to establish convivial relationships with prevent them from becoming marginalized. other members of society. The recommenda- tions presented in Chapter One provide some The public discourse on specific proposals on this issue. international migration Those individuals and organizations that Migrants with irregular status have an influence on public opinion must address the issue of international mi- 48. The Commission is aware that states are gen- gration in an objective and responsible erally not prepared to consider the issues of so- manner. cial inclusion or integration in the context of 51

60 Report of the Global Commission on International Migration 51. In many countries around the world, the 53. Such approaches must be complemented situation of migrants in society has been jeop- with measures to promote integration, foster ardized by media stories that portray members of social cohesion and encourage respect for the migrant and minority populations in the worst rights of migrants. In this respect, the Commis- possible light: as criminals, terrorists, and more sion commends those broadcasters that have generally as people who represent a threat to the demonstrated a commitment to social diversity, established way of life. In some situations, igno- both in the nature of their programmes and in rance and careless reporting have obscured ob- the composition of their personnel. Schools, mi- jective reality. In the worst cases, journalists have grant associations, religious bodies, trade unions been responsible for propagating myths and and other civil society institutions also have an supporting the agenda of populist politicians important role to play in influencing the public and pressure groups that seek to mobilize xeno- discourse on migration and ensuring that it is phobia as a means of attracting popular support. conducted in an objective manner. Refugees, asylum seekers and migrants who have 54. Integration is not a quick, simple or linear arrived in a country in an irregular manner have process. It usually takes time, is subject to set- often been singled out for attack. backs and may proceed more smoothly in some 52. The Commission places great value on the areas of life and less in others. It is a process that existence of a free press and recognizes the dan- places significant demands upon nationals and ger of seeking to regulate the public discourse on migrants alike, requiring them to adapt their international migration. Migrants, like other attitudes and to make changes to their way of members of society, can be involved in crimes life. It is also a process that warrants a significant and anti-social behaviour, and these offences investment, not only because of its difficulties, should be reported. The Commission strongly but also because of its economic, social and advocates a responsible debate on migration, en- cultural rewards. With the scale and scope of suring that the reputation of people originating international migration growing, countries and from other countries is not tarnished on the basis communities must seize the opportunity to of their national origin or legal status. The Com- make the most of their diversity. mission also acknowledges the value of volun- tary codes of conduct and other self-regulatory mechanisms for the media, as well as procedures that provide a right of reply to individuals and groups of people who have been unfairly maligned. 52

61 CHAPTER FIVE A principled approach: Laws, norms and human rights The legal and normative framework affecting international migrants should be strengthened, implemented more effectively and applied in a non- discriminatory manner, so as to protect the human rights and labour standards that should be enjoyed by all migrant women and men. Respecting the provisions of this legal and normative framework, states and other stakeholders must address migration issues in a more consistent and coherent manner. 1. International migration policies have tradi- by states at the global and regional level. Many tionally been regarded as the preserve of states, elements of the framework are not migration- exercising their sovereign right to regulate the specific, but address broader questions of indi- entry of non-citizens into their territory. How- vidual rights, state responsibility and interstate ever, in exercising their sovereignty, states have relations. long recognized the need for a broader approach 3. Signatories to the UN Charter, for example, one which is based upon an agreed set of laws agree to employ international machinery for and norms, and which is intended to ensure that the promotion of the economic and social migration issues are addressed in a principled advancement of all peoples, to achieve inter- and predictable manner. More specifically, these national cooperation in solving international laws and norms have three related functions: to problems of an economic, social, cultural, or establish the powers and obligations of states in humanitarian character, and in promoting and controlling the arrival, residence and departure encouraging respect for human rights and for of migrants; to identify areas of migration policy fundamental freedoms for all without distinc- in which states have agreed to cooperate with tion as to race, sex, language or religion. While each other; and to specify the rights and respon- they may be of a general nature, such principles sibilities of migrants themselves. This penulti- have an evident relevance to the way that states mate chapter focuses primarily on the issue of address the issue of international migration. migrant rights, while the final chapter examines the issues of interstate cooperation and the 4. While the legal and normative framework governance of international migration. has a long history, recent years have witnessed a new degree of interest in its development. This 2. The legal and normative framework affect- interest has been generated by a number of ing international migrants cannot be found in a related factors: the growing interdependence of single document, but is derived from accepted states, the increased scale and complexity of customary law and a variety of binding global human mobility, and the advocacy efforts of the and regional legal instruments, non-binding human rights community. agreements and policy understandings reached 53

62 Report of the Global Commission on International Migration 5. The Global Commission on International Components of the framework Migration welcomes this new focus on the pro- 7. As indicated earlier, the human rights frame- tection of human rights of migrants. If the inter- work has a variety of sources. In addition to the national community is to formulate a coherent UN Charter, important provisions relating to response to the issue of international migration, migrant rights can be found in the Universal then it must derive from laws, norms and policy Declaration of Human Rights, in a number of understandings that have the full support of UN human rights treaties and ILO labour con- states and other stakeholders. And those laws ventions, as well the 1951 UN Refugee Conven- and norms must be respected. The main obstacle tion and its 1967 Protocol, the 1963 Vienna to the protection of migrant rights is not the ab- Convention on Consular Relations and the two sence of law, but the failure of states to respect protocols on human trafficking and migrant those conventions, agreements and declarations smuggling of the UN Convention against Tran- that they have freely accepted. snational Organized Crime, that came into force in 2003 and 2004 respectively. The human rights framework 8. Likewise, several regional human rights con- States must protect the rights of migrants ventions, implemented by courts and commis- by strengthening the normative human sions that can consider and determine both rights framework affecting international individual and interstate cases, have come into migrants and by ensuring that its provi- existence in recent years. Important efforts are sions are applied in a non-discriminatory also being made to develop global understand- manner. ings on the issue of migration, both between states and amongst civil society and the private 6. In the current international context, there is sector. These initiatives are examined in more a particular need to ensure that people who are detail in the following chapter. moving from one country to another are able to exercise the rights to which they are entitled un- der international law. Many migrant workers are Treaties and treaty bodies at risk of exploitation and abuse because they 9. The UN has established seven human rights have little power to negotiate their conditions of instruments that are defined by the Office of the service and because too many employers and UN High Commissioner for Human Rights governments fail to respect internationally- (OHCHR) as core human rights treaties. These agreed labour standards. In addition, the legiti- include two general covenants to protect civil, mate concern of states to combat international political, economic, social and cultural rights, terrorism and to protect their citizens has meant and five conventions that provide more specific that migrants have come under a new degree of protection against racial discrimination and tor- surveillance, a situation that has some important ture and which safeguard the rights of children, human rights implications. women and migrant workers. Implementation is overseen by committees of independent ex- perts, collectively known as treaty bodies. Six of these treaties have been ratified by between 135 and 192 states, while the 1990 Migrant Workers 54

63 A principled approach: Laws, norms and human rights Convention has as yet only 30 parties. All states, be obliged to give their passport to their employ- therefore, are bound, through ratification, by at er, making it impossible for them to leave the least one of the seven core human rights treaties. country where they are working. Further details of these ratifications can be found 11. The Commission endorses the principle that in Annex III. entering a country in violation of its immigra- tion laws does not deprive migrants of the fun- Human rights treaties damental human rights provided by the human The most important basis for the legal and rights instruments cited above, nor does it affect normative framework affecting migrants is to the obligation of states to protect migrants in an be found in the Universal Declaration of irregular situation. According to existing treaty Human Rights and seven UN human rights treaties which give legal effect to the rights in and customary law, states have a minimum obli- the Declaration: the 1965 International gation to uphold the fundamental rights of all Convention on the Elimination of All Forms of human beings, including the right to life and Racial Discrimination; the 1966 International equality before the law, as well as protection Covenant on Civil and Political Rights; the 1966 International Covenant on Economic, Social against human rights violations such as slavery, and Cultural Rights; the 1979 Convention on prolonged arbitrary detention, racial discrimi- the Elimination of All Forms of Discrimination nation and torture, as well as cruel, inhuman or against Women; the 1984 Convention against degrading treatment. As a general rule, the Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the 1989 provisions apply equally to citizens and non- Convention on the Rights of the Child, and the nationals and to regular and other migrants, and 1990 International Convention on the therefore form an important component of the Protection of the Rights of All Migrant normative framework. Workers and Members of their Families. Articulating the legal and normative 10. These human rights instruments are univer- framework sal in their application and apply generally to 12. As outlined earlier, the legal and normative migrants as well as to citizens. The Commission framework affecting international migrants is underlines the importance of this international dispersed across a number of treaties, customary treaty framework as the fundamental basis of law provisions, non-binding agreements and migrant rights. It urges states to strengthen this policy understandings. As a result, the provi- framework and to ensure that its provisions are sions relevant to the protection of migrants applied in a non-discriminatory manner. The rights are not articulated in a clear and accessible Commission has collected considerable evi- manner; this has added to the difficulties of con- dence that states which have ratified interna- sistent implementation of the provisions and tional and regional human rights treaties do not thus respect for migrants rights. The Commission always respect them in practice and do not apply sees the value of articulating the legal and nor- them in an equitable manner to international mative framework in a single compilation of all migrants. For example, and as explained later in treaty provisions and other norms that are rele- this chapter, migrant women engaged as domes- vant to international migration and the human tic workers are not always adequately protected rights of migrants. The International Organiza- against abuse and sexual exploitation, and may tion for Migration (IOM), which has initiated a 55

64 Report of the Global Commission on International Migration project to review the current state of internation- entitled; most of these rights have already been al migration law, is well placed, in cooperation accepted by states through their ratification of with other relevant bodies, to contribute to such the six other core human rights treaties and ILO a process. labour standards. The 1990 Convention, which 13. This articulation exercise may contribute to came into force in 2003 and is at present ratified more systematic government training in inter- by 30 states, also includes important provisions national law, and may become an integral ele- relating to the prevention of irregular migration, ment of capacity-building activities, thereby the obligations of migrants and the role of inter- strengthening the respect for the human rights state cooperation in regulating the movement of of migrants. It will also help to identify gaps in people in a sound and equitable manner. the legal and normative framework. An initial 16. Although the Convention distinguishes be- analysis undertaken by the Commission indi- tween migrant workers with regular and irregu- cates that the framework is relatively well devel- lar status, it protects the fundamental rights of all oped in relation to the issues of refugee protection migrant workers. Most of the rights accorded to and the suppression of human trafficking and all migrant workers, including those without migrant smuggling. International law is also legal status, are fundamental civil and political robust in placing an obligation on states to rights, including freedom from torture and permit the departure of their nationals and to forced labour, the rights to life, due process, and readmit them when they seek or are obliged to security of the person, and freedom of opinion return to their country of citizenship. and religion. The Conventions provisions here 14. In other areas, however, the framework is less mirror the language in the 1966 International developed and has lagged behind the changing Covenant on Civil and Political Rights. migration realities that are to be found on the 17. Some economic, social and cultural rights ground. Three examples are the movement of are also afforded to all migrant workers, includ- people for the purpose of family unity, the issue ing emergency medical care, and access to edu- of dual nationality and the regulation of private cation for children of migrant workers. But agencies that are involved in the recruitment and certain rights such as family reunion are given placement of migrant workers. The Commis- only to regular migrants, and the scope of trade sion recommends that states, regional bodies union rights is made dependant on the legal and relevant international organizations exam- status of the migrant worker. In a few instances, ine the potential for the development of com- the Convention extends existing rights contained mon understandings or agreements on issues in other core treaties; for example it grants that are not well covered by the current legal and migrant workers rights directly against their em- normative framework. ployers as well as against the state, and makes the unauthorized confiscation of passports and The 1990 Convention identity documents a criminal offence. 15. The 1990 International Convention on the 18. The Convention requires states to cooperate Protection of the Rights of All Migrant Workers in measures for the orderly return of migrants and Members of Their Families sets out in a sin- with irregular status and other migrants, and in gle instrument the rights to which migrants are detecting, preventing and eradicating irregular 56

65 A principled approach: Laws, norms and human rights migration and the employment of migrants with 1990 Convention as deriving from its synthesis irregular status. It states clearly that the Conven- of existing rights, and its potential to give protec- tion gives no right for workers with irregular tion to a group of people who often find them- status to regularize their status. selves in vulnerable situations, as well as from the role that it can play in strengthening the devel- 19. The UN Secretary-General has called on opment of a rights-based approach to migration. states to ratify the 1990 Convention. However, While recognizing that the ratification process as indicated earlier, only 30 states all of which has been somewhat slow, proponents of this po- are primarily countries of origin or transit have sition also point out that few resources have been at present ratified the treaty, ten of them after devoted to the promotion of the 1990 Conven- initial signing. Fifteen other states have signed, tion and that the International Covenant on but as yet have not ratified the treaty. A number Civil and Political Rights, which is now widely of reasons have been given for the decision by ratified, took 10 years to enter into force. They many states not to ratify, including the breadth further argue that the 1990 Convention may yet and complexity of the 1990 Convention, the attract broader support in the years to come. technical and financial obligations that it places on states that have ratified, as well as the view of certain states that it contradicts or adds no value Complementary approaches to their own national migration legislation. 22. Given the decision of many states not to 20. In addition, a number of countries have ratify the 1990 Convention, the Commission stated that they are unwilling to ratify the 1990 considers that there is a particular need for com- Convention because it provides migrants (espe- plementary approaches to the issue of migrant cially those who have moved in an irregular rights. First, and as recommended in the previ- manner) with rights that are not to be found in ous section, states must fully implement all pro- other human rights treaties, and because it gen- visions of the human rights instruments that erally disallows differentiation between migrants they have already ratified, ensuring that those who have moved in a regular or irregular man- rights are accorded without discrimination to ner. Some states have also suggested that the both citizens and migrants. They must also non-discrimination provisions of the 1990 Con- ensure that they fulfil their reporting obligations vention would make it more difficult for them to to the treaty bodies associated with these legal introduce temporary migration programmes, in instruments. which participants are not granted the same 23. Second, states should implement the traf- rights as other workers. ficking and smuggling protocols of the UN 21. States and civil society groups that support Convention Against Transnational Organized ratification claim that the arguments against Crime, which came into force in 2003 and 2004 ratification are based on a misunderstanding of respectively and which protect the rights of traf- the Convention. They argue that the Conven- ficked and smuggled migrants. States may be tion essentially brings together into a single text more willing to recognize and respect the rights those rights which are contained in other core to which migrants are entitled if they feel that treaties, and which have already been ratified by they are able to control the arrival of non-citizens a majority of states. They see the value of the into their territory. 57

66 Report of the Global Commission on International Migration 24. Third, there is an urgent need to fill the gap efit from safety, security or sustainable liveli- that currently exists between the principles hoods in their own country. In too many parts of found in the legal and normative framework the world, migration has become a survival strat- affecting international migrants and the way in egy, employed by people who are seeking a way which legislation, policies and practices are in- to escape armed conflict, human rights viola- terpreted and implemented at the national level. tions, authoritarian and corrupt governments, as That task is examined in the following section. well as unemployment and poverty. Disadvan- taged groups in society, such as women, ethnic minorities, indigenous and stateless people, are State sovereignty and responsibility often the most desperate to leave and are at most All states must ensure that the principle risk of finding themselves in the hands of traf- of state responsibility to protect those on fickers and smugglers. their territory is put into practice, so as to reduce the pressures that induce people to 27. The Commission considers it essential for migrate, protect migrants who are in tran- such abuses to be eradicated, and consequently sit and safeguard the human rights of those calls upon states to respect human rights and the in destination countries. principles of good governance, to establish dem- ocratic processes and promote the empower- 25. While the legal and normative framework of ment of women. The Commission also urges international migration may have evolved in states to uphold those provisions of the traffick- recent years, many problems persist in the im- ing and smuggling protocols that emphasize the plementation of the principles to which states need to combat the root causes of these phenom- have formally agreed. To address this situation, ena by alleviating poverty, underdevelopment the Commission calls upon states to heed the and a lack of equal opportunities, and by paying findings of the High-level Panel on Threats, special attention to economically and socially Challenges and Change, which stated in its 2004 depressed areas. report to UN Secretary-General Kofi Annan 28. The Commission urges countries of origin that in signing the Charter of the United Na- to take active responsibility for citizens who in- tions, States not only benefit from the privileges tend to migrate or who are already living abroad, of sovereignty but also accept its responsibili- including those who have migrated in an irregu- ties. The Commission draws attention to some lar manner. This objective can be assumed in a specific aspects of international migration in variety of different ways. Governments can pro- which states must make renewed efforts to dis- vide prospective migrants, especially temporary charge their responsibilities, and in which those contract workers, with orientation and training states must be supported by means of capacity- courses before their departure, so that they have building initiatives. a better understanding of their rights and obliga- tions and are better equipped to cope with the Countries of origin experience of working in a foreign country. 26. First, as stated in Chapter One, states must 29. Countries of origin should also license, regu- strive to ensure that their citizens migrate out of late and, when necessary, prosecute unscrupu- choice, and not because they are unable to ben- lous recruitment agencies, so as to ensure that 58

67 A principled approach: Laws, norms and human rights migrants are not given misleading information chapter entitled Protecting refugees within or exposed to exploitation. They can also enter broader migration movements. into bilateral agreements in order to establish clear understandings with destination countries Transit countries on the working and living conditions granted to their own citizens. 33. Third, the Commission observes that rela- tively little attention has been given to the re- 30. The Commission commends those coun- sponsibility of states to safeguard the rights of tries which have appointed consular staff and people who are moving across their territory, on labour attachs to monitor the welfare of citizens their way to another country or continent. In working abroad, to ensure that they have access view of the increasingly long and complex routes to legal representation and, when necessary, to taken by international migrants, as well as their intercede on their behalf with the authorities increased reliance on smugglers and traffickers, and employers. The Commission recommends there is a need to focus additional attention on that ILO assumes responsibility for preparing this issue. and disseminating a compilation of effective practices in this area, thereby encouraging their 34. As a general principle, the Commission af- replication by other countries. firms that the obligation of a state towards the migrants (with both regular and irregular status) Border control and international protection on its territory is in no way diminished by the fact that those migrants plan to move on to 31. Second, while fully recognizing the right of another country. In such cases, states have a duty states to control their borders and to protect the to protect the fundamental rights of all transit security of their citizens, the Commission calls migrants, including the principle of non- upon governments to ensure that their efforts to refoulement. attain these objectives are aligned with their responsibility to uphold the human rights of 35. Protecting migrants in transit countries gen- people who are moving across international erates two specific problems. On one hand, such borders. As stated in Chapter Three, there is a countries often have an interest in the departure particular need to ensure that victims of perse- of those migrants who are crossing their territo- cution have access to the territory of other states ry, and they may consequently have little interest and are able to enjoy international protection in in providing transit migrants with any facilities those states. or services that would provide them with an in- centive to stay. On the other hand, many of the 32. In accordance with the binding principle of worlds most important transit countries are rel- non-refoulement (which prevents states from re- atively poor and lack both the experience and turning people to countries where their life and capacity to deal with this form of migration. liberty would be at risk) it is also essential to en- sure that such individuals are not returned to 36. Protecting transit migrants must be recog- countries where their life or liberty would be put nized as an international responsibility, and at risk. In this respect, the Commission calls resources need to be mobilized on a multilateral upon states to implement UNHCRs Agenda basis in order to support capacity-building for Protection, especially the provisions of the efforts in the countries concerned. Such efforts 59

68 Report of the Global Commission on International Migration should be directed towards improvements in smugglers and traffickers. Migrants who are un- border controls, combating smuggling and traf- skilled, who are illiterate and who have moved in ficking and, in appropriate cases, facilitating safe an irregular manner are especially vulnerable to and dignified return to countries of origin. human rights violations, partly because they are 37. At the same time, individual states must pro- less likely to be aware of their rights and partly tect the rights and welfare of transit migrants. because they are unable or unwilling to bring States should, for example, provide assistance to abuses to the attention of the authorities. migrants who are stranded in a country of tran- 41. As suggested in Chapter Four, when migrants sit, ensure that migrants who intend to claim arrive in a country, they should be provided with refugee status have access to effective asylum a comprehensive and written statement of their procedures, and find interim solutions for tran- rights and obligations, so that they are fully in- sit migrants who do not qualify for refugee formed of their entitlements. While some desti- status, but who nevertheless cannot be returned nation countries may wish to develop such a to their country of origin. statement on a national basis, the Commission considers that the principal international organ- izations dealing with migrant rights could coop- Destination countries erate in the formulation of a standard text for the 38. Fourth, the Commission urges all states, in- use of states that lack the capacity to develop cluding both developed and developing coun- such a document. tries, to discharge their responsibility to protect 42. To prevent human rights violations from migrant rights by means of national legislation, occurring, the Commission considers it essential policies and practices, and by ensuring that those for states to ensure that national labour laws and laws and policies are consistent with the interna- standards apply to migrants as well as citizens. tional treaties they have ratified. Regrettably, this is not currently the case in 39. It would be highly misleading to give the many countries. The Commission also urges impression that international migrants are in- states to pass and implement legislation that spe- variably or inevitably mistreated once they arrive cifically protects migrants from discriminatory in their country of destination. The Commis- behaviour and which gives them access to effec- sion has encountered numerous examples of tive remedies when violations take place. good practice in this area, and urges states and 43. Relevant government officials should be international organizations to ensure that such provided with cultural, anti-racist and gender- examples are documented, disseminated and sensitive training on migrant rights, while replicated in other countries. employers should be held to account for the con- 40. Even so, the Commission has been con- ditions they offer to migrant workers and other cerned to hear of the extent to which migrants employees by means of effective labour inspec- are at risk of discrimination and exploitation by: tion systems and judicial processes. Appropriate border guards, police officers, local authorities, legislation is also required to remove the incen- landlords, recruitment agents, employers, mem- tive for employers to engage migrants with bers of the host society and more powerful indi- irregular status and for such migrants to accept viduals within their own community, as well as unauthorized work. International organizations 60

69 A principled approach: Laws, norms and human rights and bilateral donors have an important role to The rights and labour standards of play in building the capacity required for these migrant workers objectives to be achieved. Governments and employers must ensure 44. The Commission commends those destina- that all migrants are able to benefit from tion countries that provide migrants with confi- decent work as defined by the ILO and are protected from exploitation and abuse. dential channels (such as telephone hotlines) to Special efforts must be made to safeguard submit complaints about their employers, offer the situation of migrant women domestic shelter and social services to migrants who have workers and migrant children. been abused and give assistance to migrants wishing to return home because their rights have 47. As explained in Chapter One, recent years been violated. All states should consider the in- have witnessed a number of significant changes troduction of such measures. in the global economy: increased competition 45. The Commission considers it essential to between different countries and enterprises; the ensure that migration issues are addressed by a deregulation of labour markets and the intro- wide range of governmental and non-govern- duction of more flexible working practices, as mental stakeholders. There is a particular need well as the growth of sub-contracting and the to ensure that labour, social welfare and justice expansion of the informal sector. These develop- ministries, as well as national human rights ments have important implications for the bodies, are fully engaged in monitoring and pro- growing number of migrants looking for work moting the human rights of migrants. outside their own country. 48. While states continue to play an important Human trafficking role in the establishment of labour migration programmes, migrant workers are increasingly 46. Finally, and as explained in greater detail in engaged by private recruitment agents, brokers Chapter Three, the Commission is especially and gangmasters. While some agents maintain concerned by the plight of people who are traf- high professional standards and are closely regu- ficked within and across international borders lated by the countries in which they operate, that and underlines the need for this crime to be is by no means always the case. eradicated. Given the frequently transnational nature of the phenomenon, there is a particular 49. Once migrant workers arrive in their coun- need for cooperation between countries of ori- try of destination, many, especially those who gin, transit and destination, in order to prosecute have moved in an irregular manner, find them- the perpetrators, protect their victims and elimi- selves working in insecure and low-status jobs nate the demand for their services. that nationals refuse to do for the wages on offer. In some situations, migrants may have to con- tend with an employer who exploits them and a state that is unable or unwilling to protect them. This is particularly likely to be the case in devel- oping countries where large numbers of nation- als are unable to find dignified and adequately paid work and where child labour is common. 61

70 Report of the Global Commission on International Migration 50. In such situations, migrant children who are 54. Migrant associations, trade unions, other obliged to enter the labour market are likely to civil society institutions as well as local and inter- find themselves working in particularly difficult national human rights organizations all have an and dangerous conditions and for very low important role to play in identifying situations wages. The Commission urges states, almost all involving the abuse of migrant workers, and of which have ratified the Convention on the bringing those situations to the attention of na- Rights of the Child, to eradicate such practices. tional authorities and the international commu- 51. Another group of migrants requiring special nity. Such organizations also have an important attention are female domestic workers. Many of role to play in the empowerment of migrant these women migrate alone and leave their chil- women, by means of information, education dren behind in their country of origin, which and literacy programmes, as well as the establish- can be a traumatic experience for both the wom- ment of migrant womens associations. en and their families. According to the UN Special Rapporteur on Violence Against Wom- Decent work en, once they have reached the home of their new 55. Significantly, most of the countries where employer, such migrant women are often en- migrant rights are frequently violated are mem- gaged in poorly remunerated labour that ber states of the ILO and are bound by that or- isolates them and places them in a subordinate ganizations 1998 Declaration on Fundamental position in a private realm, exposing them to the Principles and Rights at Work, an important but expropriation of their economic gain. somewhat neglected component of the norma- 52. According to evidence collected by the tive framework. Commission, migrant women who are em- 56. The Commission fully endorses the 1998 ployed as domestic workers are sometimes hired Declaration and underlines the need for the without written contracts or with contracts in international community to ensure that all em- languages they cannot understand. Their pass- ployees, migrants and non-migrants alike, are ports may be retained by their employer or able to enjoy what the ILO describes as decent recruitment agent. In some situations they are work, which takes place under conditions of denied any free time and are forbidden from freedom, equity, security and dignity, in which leaving their place of work without the permis- rights are protected and adequate remuneration sion of the household that employs them. They and social coverage are provided. may also be subjected to physical, psychological and sexual abuse. 57. To ensure that this objective can be attained, the Commission calls upon all governments, 53. The Commission urges governments to en- employers and trade unions to support the im- sure that employers provide migrant workers plementation of the ILOs 2004 Plan of Action with contracts that conform to international for Migrant Workers, including the formulation labour and human rights standards and which of a non-binding multilateral framework for a are written in their own language. Employers rights-based approach to labour migration, who fail to issue such contracts or who violate taking account of national labour market their provisions must be held to account for their needs. actions. 62

71 A principled approach: Laws, norms and human rights The role of the United Nations Rights and human rights treaty monitoring procedures, and to coordinate the reports of the The human rights component of the UN system should be used more effectively different treaty monitoring bodies. It would be as a means of strengthening the legal and useful for the treaty monitoring bodies to have normative framework of international greater expertise in the area of international migration and ensuring the protection of migration and to more consistently share the migrant rights. information they collect on the human rights of migrants. Also, the treaty monitoring bodies 58. Responsibility for the legal, normative and have themselves been chronically under-funded, human rights dimensions of international mi- and the Commission urges states to provide the gration is rather diffused within the UN system. resources needed for them to function effective- The ILO focuses exclusively on the situation of ly. migrant workers, and does not have the opera- 60. Second, the Commission calls upon states tional capacity to monitor the conditions of and other stakeholders to offer strong support to migrants at a local level. UNHCRs involvement the work of the UN Special Rapporteur on the in this area is largely confined to the protection Human Rights of Migrants, a position created in of refugees and asylum seekers, while the Office 1999. The Commission commends the Special of the UN High Commissioner for Human Rapporteur for paying attention to the rights of Rights supports the treaty bodies and the work the most vulnerable migrants: women, children, of the UN Special Rapporteur on the Human and the victims of smuggling and trafficking, as Rights of Migrants, including the protection of well as for communicating and intervening with smuggled and trafficked migrants, and promotes states with respect to the rights of migrant work- ratification of the 1990 Convention. UNESCO, ers. The Commission encourages other UN UNFPA and the UN Office on Drugs and Special Rapporteurs with relevant mandates to Crime also have specific interests and activities incorporate a focus on migrant rights in their in the domain of international migration. The work, thereby complementing and strengthen- International Organization for Migration ing the activities of the Special Rapporteur on (IOM) is not a UN body, and while one of its the Human Rights of Migrants. aims is to ensure the pursuit of humane and orderly migration policies, it does not have a 61. Third, the Commission believes that the formal protection mandate. time has come to review the way in which states report on the implementation of the human rights instruments they have ratified. While the The human rights component treaty bodies and the Special Rapporteur cur- of the UN system rently provide a service of this type, a more 59. The Commission recommends that a robust mechanism is required, not only requir- number of steps be taken to strengthen the ing states to report on their performance, but capacity of the UN and its member states in rela- also enabling them to request assistance from the tion to the protection of migrant rights. First, UN and its operational agencies for capacity- the Commission welcomes the Secretary- building initiatives. Generals proposals, in his report In Larger Free- dom, to reform the Commission on Human 63

72 Report of the Global Commission on International Migration Capacity-building in UN Member States 63. A coordinated and integrated approach to 62. It has become clear to the Commission that capacity-building in UN Member States is now in some situations, states wilfully violate the required, in order to ensure that those countries rights of international migrants, in flagrant can fully implement the provisions of the legal breach of the undertakings they have freely as- and normative framework affecting internation- sumed. As stated earlier, in many other situa- al migrants. This approach must combine the tions migrant rights can be undermined because legal, operational and protection expertise of the legal and normative framework affecting UN bodies and other agencies, including IOM, international migrants is not well articulated, and should be supported by regional bodies and because representatives of the state are unfamil- regional consultative migration processes. The iar with the framework, do not understand its following chapter, which focuses on the govern- implications and do not know how to put it into ance of international migration, makes some practice or monitor its implementation. In this specific proposals with respect to the issue of context, states that have ratified the 1990 Con- coordination. vention may also find that this treaty is a useful instrument to foster awareness of migrants rights and to build national capacity for the for- mulation and implementation of migration policy. 64

73 CHAPTER SIX Creating coherence: The governance of international migration The governance of international migration should be enhanced by improved coherence and strengthened capacity at the national level; greater consultation and cooperation between states at the regional level, and more effective dialogue and cooperation among governments and between international organizations at the global level. Such efforts must be based on a better appreciation of the close linkages that exist between international migration and development and other key policy issues, including trade, aid, state security, human security and human rights. 1. As previous chapters have explained, inter- organizations, as well as the laws and norms national migration is a complex phenomenon. It examined in the previous chapter. is increasing in scale, affects almost every coun- 3. National governance of international migra- try in the world and takes place both within and tion faces four particular challenges. The first is a between regions. International migration in- lack of coherence. This report has already rec- volves a diverse range of stakeholders that have ommended that migration should form an inte- different and sometimes conflicting interests, gral part of every countrys national economic and is increasingly linked with other pressing and development plan a recommendation that global issues such as development, trade, human derives from the failure of many states to define rights and security. clear objectives for their migration policies. 2. This complexity poses important challenges 4. A second challenge is the coordination of for the issue of governance, which the Commis- policy-making and its implementation. In many sion on Global Governance (1995) has defined states, responsibility for migration is divided be- as the sum of the many ways individuals and tween different ministries and coordination is institutions, public and private, manage their often lacking. There is also often a lack of coor- common affairs. It is a continuing process dination between those ministries responsible through which conflicting or diverse interests for migration and those responsible for the re- may be accommodated and cooperative action lated global issues mentioned at the beginning of taken. In the domain of international migra- this chapter. At the same time, inadequate con- tion, governance assumes a variety of forms, in- sultation takes place between governments and cluding the migration polices and programmes other actors such as the corporate sector and of individual countries, interstate discussions civil society. and agreements, multilateral fora and consulta- 5. A third challenge is that of capacity. Most tive processes, the activities of international states recognize the importance of international 65

74 Report of the Global Commission on International Migration migration and seek to address it in a way that al cooperation. States regulate both the content enables them to respect their international obli- and degree of formality of cooperative interstate gations and to maximize the benefits they and mechanisms, and thus exercise rather than their citizens gain from human mobility. But relinquish their sovereignty in the act of coop- many countries, especially the poorest, also lack erating with each other. the knowledge, information, institutions and 9. Second, with sovereignty comes responsibil- resources needed to attain those objectives. ity. As the International Commission on Inter- 6. A fourth challenge is cooperation with other vention and State Sovereignty (2001) has states. The very nature of transnational migra- observed, recent years have witnessed a reorien- tion demands international cooperation and tation from sovereignty as control to sovereign- shared responsibility. Yet the reality is that most ty as responsibility in both internal functions states have been unwilling to commit fully to the and external duties. Sovereignty as responsibil- principle of international cooperation in the area ity has become the minimum content of good of international migration, because migration international citizenship. Just as individuals policy is still mainly formulated at the national have rights and responsibilities as citizens of level. While there has been a growth in bilateral, states, so states have rights and responsibilities as regional and sometimes global contacts, net- members of the international community. works and initiatives, more needs to be done. 10. Third, in a rapidly changing global econo- This chapter explains how good governance at my, national competitiveness is not threatened the national level is a basis for more effective in- by international cooperation but rather relies on terstate cooperation at the bilateral, regional and it. The most successful economies are those that global levels. have opened themselves to the opportunities of the global economy and cooperated in certain State sovereignty niches in order to maximize mutual benefits. The European Union (EU) can be viewed as an 7. The reluctance of states to cooperate on the example of a group of states that have retained issue of international cooperation arises from a their sovereignty while at the same time cooper- very real dilemma. Controlling who enters and ating on specific economic and political issues. remains on their territory is an integral part of And in doing so, they have enhanced the com- the sovereignty of states. Immigration plays an petitiveness of the region as a whole. important role in enhancing and maintaining national competitiveness. It is, however, a very sensitive public issue, and one that has, as a result States and institutions of recent terrorist attacks, become increasingly 11. The implications for state sovereignty are associated with threats to public security. The also complex in relation to the role and man- challenge, especially for countries of destination, dates of intergovernmental and other institu- is to cooperate with other states without at the tions. States establish international bodies when same time yielding control over an issue that is certain issues or common goods warrant a central to so many areas of national interest. more formal and collective form of governance. 8. It is possible to meet this challenge. First, This can occur through intergovernmental insti- state sovereignty is the very basis for internation- tutional arrangements, or through the creation 66

75 Creating coherence:The governance of international migration of institutions with supranational mandates. the national capacity for coherent policy- States nevertheless retain ultimate authority over making and implementation in relation to all such institutions. migration. The Commission has learned of 12. As states are effectively the owners of inter- many situations in which different government national organizations, incoherence at the na- departments pursued conflicting objectives, in tional level has tended to cascade upwards and to which information was not effectively shared affect the work of these multilateral institutions. amongst those departments, and in which the Coherence begins at home, and if states cannot general public received mixed messages about define clear objectives for national migration migration policy. Similarly, the Commission policies, it should not come as a surprise that heard many complaints that governments do overlaps and contradictions sometimes occur at not adequately consult with other stakeholders, the multilateral and institutional level. A pro- especially the corporate sector and civil society, in posal for better coordination in this area is formulating and implementing their migration presented later in this chapter. policies. Coherence at the national level is essen- tial for greater regional cooperation, which can in turn pave the way for more effective global Governance at the national level approaches. All states should establish coherent na- tional migration policies that are based Towards a coherent national approach on agreed objectives, take account of re- lated policy issues and are consistent with 15. If states are to address the issue of interna- international treaty law, including human tional migration in a coherent manner, they rights law. Governance at the national level must have agreed national objectives for their should be effectively coordinated among all concerned ministries and should also in- migration policies, as well as agreed criteria for volve consultation with non-state actors. the entry and residents of non-citizens that are consistent with international law. Although the 13. The organizational structures employed to exact nature of these objectives and criteria will govern international migration at the national vary according to national traditions, require- level vary widely, and have generally emerged in ments and circumstances, they should at mini- response to particular political, historical, eco- mum address the following issues: nomic and social circumstances. In some coun- the role of international migration in relation tries there is no clear responsibility for migration to economic growth and development; at the ministerial level, as a number of different family reunion, asylum, refugee protection ministries are engaged in the issue. In others, re- and resettlement; sponsibility lies with a ministry that has a broad- er remit than migration alone. In a third group the prevention of irregular migration and the of states, migration ministries have been estab- promotion of regular migration; lished and given full and exclusive responsibility integration, including the rights and obliga- for the issue. tions of migrants, citizens and the state, and 14. Irrespective of their administrative struc- the protection of migrant rights. tures, there is scope in most states to strengthen 67

76 Report of the Global Commission on International Migration 16. Some states, such as Australia and Canada, 19. Second, coordination is required not only have established explicit criteria to guide their between the different ministries that have a mi- approach to international migration. In many gration competence, but also between migra- others, these either remain implicit or have not tion-related and other ministries. As has been been formulated at all. One of the reasons given emphasized throughout this report, internation- for a lack of transparency is that governments are al migration is relevant to a broad number of concerned about opposition from sections of the policy issues, including foreign relations, devel- public. But not specifying such objectives and opment, trade, labour, human rights, gender criteria also permits some states effectively to equity, health, security and border control. Poli- turn a blind eye to certain aspects of migration, cy-making in the domain of international such as the reliance of particular sectors of the migration has an impact on these and other economy on irregular migration. One of the rea- areas, and the policies pursued in relation to sons why irregular migration and labour is a rela- these issues all have an impact on migration. tively small problem in certain countries, for 20. Consultation is also required between gov- example, is explained by the fact that govern- ernment and other stakeholders at the national ments are obliged by law to uphold orderly and level. Policy-making is clearly the remit of gov- regulated migration. ernment, but the Commission has concluded 17. All states should adopt a coherent approach that the policy-making process is more likely to to international migration that is consistent with be effective when it is based on widespread con- international law and other relevant norms. This sultation, especially with the private sector and will usually require strong political leadership, the diverse components of civil society. This ap- transparent communication with the public and proach echoes the definition of governance devel- concerted efforts to generate widespread com- oped by the Commission on Global Governance, munity support for the states migration policy. that it involves individuals, institutions, the public and private sectors, and that it accommodates diverse interests to achieve common goals. Coordinated policy-making and implementation 21. Given the dynamic nature of international 18. Establishing a coherent approach to interna- migration, it is essential for policy-making in tional migration is a first step towards better na- this area to be responsive and proactive. This in tional governance. The next step is to coordinate turn requires effective data collection, policy its implementation. There are at least three as- analysis, research, monitoring and evaluation. It pects of coordination that need to be addressed is hard to formulate and implement effective by many states. The first is coordination across policy when it is not clear who the targets of that government, sometimes referred to as joined-up policy are, how many they are, where they are government or a whole of government ap- and what their problems are. And it is simply proach. Where the governance of migration is bad practice not to assess the efficiency, effective- divided between ministries, mechanisms for ness and impact of policy. coordination need to be established and main- tained. 68

77 Creating coherence:The governance of international migration Capacity-building ensure that resident foreign nationals are ef- fectively represented by migrant associations The international community should sup- port the efforts of states to formulate and and organizations, and implement national migration policies build up a capacity for data collection and through the contribution of resources, analysis, research, monitoring and evaluation. appropriate expertise and training. 24. The Commission commends the efforts 22. There are a number of reasons why many made by certain regional groupings of states to states currently lack coherent migration policies share their experiences and expertise in migra- and the ability to implement them in a consist- tion with partner regions. The Commission also ent manner. In some countries (although their underlines the important role to be played by number is dwindling) international migration is international organizations, and calls on them to not perceived as a pressing issue. In others, more coordinate their activities in this area more effec- important and urgent priorities have prevented tively. At the same time, the Commission under- migration from finding its proper place on the lines its conclusion that capacity-building national agenda. Most commonly, however, initiatives are unlikely to have their desired im- government officials have informed the Com- pact unless they take place in a context where mission that they lack the resources, infrastruc- human rights are respected, where the rule of law ture, expertise and experience required to address is maintained and where public administration migration issues more effectively. is unaffected by corruption and the diversion of resources. 23. It is in the shared interest of the international community to support those countries that need to strengthen their capacity in the area of migra- Interstate cooperation at tion policy, whether through the provision of the bilateral level technical and financial resources, the sharing of Bilateral agreements are a valuable means appropriate expertise or the establishment of of addressing migration issues that affect training initiatives. More specifically, such two states. They must always respect the efforts should assist states to: normative framework affecting interna- tional migrants and thereby safeguard define the objectives of their national migra- migrant rights. tion policy; establish a functioning, effective and equita- 25. Where states have cooperated on interna- ble legal system in relation to migration; tional migration, it has traditionally been at a bilateral level and has focused on specific issues create a well-trained, informed and honest requiring cooperation between countries of ori- cadre of migration officials, including civil gin and destination, such as entry, residence, servants, police officers, border guards and migrant rights, consular protection and the re- refugee status determination officers; turn of migrants with irregular status. As they develop an infrastructure that provides social, can be signed both between countries in the educational and legal assistance to migrants, same region and between countries in different and that helps the host society adapt to the parts of the world, bilateral agreements provide a presence of migrants; valuable mechanism for responding to the grow- 69

78 Report of the Global Commission on International Migration ing complexity of international migration. It is ture of these processes is their informal and non- essential, however, for bilateral agreements to binding nature. uphold all the rights that are guaranteed in the 28. Regional consultative processes have some normative framework affecting international very important achievements to their credit. By migrants. Unfortunately, that is not always the ensuring that member states come to the table case. on an equal basis, they have facilitated dialogue, 26. Bilateral agreements between states have to helped governments to identify common inter- some extent given way to recruitment processes ests and concerns, underlined the importance of administered by private companies and agents, establishing national migration policies and re- and which are monitored and regulated to vary- inforced an awareness of the need for those poli- ing degrees by the states concerned. It has cies to be the basis for regional cooperation. In become clear to the Commission that some of addition, regional consultative processes have the individuals and enterprises involved in the enabled governments to draw upon the expertise recruitment process are guilty of misleading and of international organizations, assisted in the de- cheating the migrants they engage, usually by velopment of migration legislation and permit- providing them with false information, promises ted the sharing of intelligence, a function which or expectations. It is essential for countries of appears to have led to the reduction of irregular origin, countries of destination and relevant migration in certain regions. international organizations to cooperate in the 29. The Commission is fully supportive of re- eradication of such practices. gional consultative processes, and in that respect wishes to identify some areas in which they might be strengthened. First, the officials par- Interstate cooperation at ticipating in these processes have generally rep- the regional level resented ministries responsible for immigration, Additional efforts are required to ensure and it has therefore been difficult for such proc- that regional consultative processes on mi- esses to engage in other important issues, such as gration have worldwide coverage, engage the contribution of migration to development civil society and the private sector, and are and the human rights of migrants. Second, very not focused solely on migration control. Greater interaction between the differ- few regional consultative processes involve rep- ent processes is essential given the global resentatives of civil society, and even fewer have nature of migration. actively engaged with the private sector. Third, relatively few of the consultative processes estab- 27. In recent years, there has been a proliferation lished to date have engaged meaningfully with of initiatives known as regional consultative broader regional economic and political fora. processes. Although they vary in several re- Fourth, existing regional processes have not yet spects, all of these processes involve networks of been subject to rigorous forms of assessment and states, coming together on a regular basis for the evaluation. purposes of confidence-building and consensus- 30. Finally, the Commission observes that cer- building, as well as the exchange of information, tain parts of the globe are not as yet covered by ideas, experiences and good practice in the regional processes, including the Middle East, domain of international migration. The key fea- North Africa, East Africa, the Great Lakes region 70

79 Creating coherence:The governance of international migration of Africa, the Caribbean, and certain parts of 33. The Commission also commends broader Asia and South Asia. The Commission encour- initiatives that have been established to promote ages relevant states, regional bodies and interna- inter-regional consultation, cooperation and tional organizations to consider these limitations partnership, and that have increasingly included and to determine how they might be most effec- placed migration on their core agendas. Signifi- tively addressed. cant examples include the Euro-Mediterranean Partnership Barcelona Process, the Organization for Security and Cooperation in Europe (OSCE) Inter-regional consultations and the ongoing dialogue between the EU and 31. Another concern in relation to regional con- African Union. sultative processes is to be found in the very fact that they have a regional focus, and that they Regional integration have generally not engaged in inter-regional consultations. As indicated throughout this re- 34. The issue of migration is a key issue for port, migratory movements have an increasingly certain regional bodies. In the EU, for example, intercontinental and global character, and re- citizens of member states can move with relative gional consultative processes are not well placed ease from one country to another, enjoying the to address this reality. At the same time, the lim- benefits of a common labour market. Beyond the ited contact that currently takes place between issue of internal borders and external border con- different regional processes acts as a constraint to trols, the EU has harmonized refugee policies and the sharing of experience and good practice be- is developing region-wide approaches to issues tween states and other stakeholders located in such as migrant integration, economic migration different parts of the world. as well as migration and development. The dis- mantling of the EUs internal boundaries has, 32. The Commission concludes that it is appro- however, been accompanied by increasingly rigor- priate to foster greater dialogue between the dif- ous restrictions on people seeking entry from other ferent regional consultative processes to address parts of the world, especially asylum seekers and common migration concerns. This might be migrants who are moving in an irregular manner. done on an informal and ad hoc basis in response to specific issues, such as combating migrant 35. Efforts have also been made to establish vari- smuggling and human trafficking, promoting ous types of economic integration and related cooperation between countries with a labour freedom of movement agreements in other re- surplus and those confronted with an impend- gions of the world, including the North Ameri- ing labour shortage, and examining the linkages can Free Trade Agreement (NAFTA), within between migration and related issues. An infor- Central and South America, and in South-East mal annual meeting of all relevant regional proc- Asia. The Commission commends in particular esses would also provide a valuable means of the New Partnership for Africas Development facilitating dialogue between the states and (NEPAD), which aims to establish an integrated organizations concerned and assist in the devel- socio-economic development framework for opment of principles and policy understandings Africa, and its sub-regional components, the that are common to all regions. Economic Community of West African States (ECOWAS) and the Southern African Develop- ment Community (SADC). 71

80 Report of the Global Commission on International Migration 36. The Commission welcomes these initiatives on Refugees and Migration, has emphasized the to facilitate the intra-regional movement of peo- need for dialogue and cooperation with civil so- ple, but notes that it has not always been easy to ciety, the private sector and academia. Its activi- gain agreement on them at the political level or ties are therefore largely complementary to the to implement them effectively and consistently Berne Initiative. at the operational level. The Commission en- 38. There has been a proliferation of other courages states to ensure that migration issues global initiatives at the institutional level. For are placed on the agenda of all regional bodies, example, a UN Special Rapporteur on the and recommends that capacity-building efforts Human Rights of Migrants has been appoint- be undertaken at the regional as well as the ed; the Migrant Workers Convention came into national level. force in July 2003, triggering the creation of a treaty monitoring body; the ILO made migra- Interstate cooperation at tion the theme of its 2004 International Labour the global level Conference; IOM has initiated an Internation- al Dialogue on Migration as a forum for states The new willingness of a range of states, and international institutions; UNHCR has institutions and non-governmental stake- holders to take global initiatives on inter- established its Convention Plus initiative as national migration is welcome. The UN well as an Agenda for Protection; the UN Divi- General Assembly High-Level Dialogue sion for the Advancement of Women made mi- provides an opportunity for greater inter- gration the theme of its 10-year review of the action and coherence between these initia- Beijing World Conference on Women and tives, and to ensure that their momentum Development; the Uruguay round of trade is maintained. The ongoing UN reform process provides a window of opportunity negotiations brought WTO into the sphere of to realize this momentum through a revi- international migration, and the UN General sion of current institutional arrangements. Assembly has agreed to hold a High-Level Dialogue on Migration and Development 37. In recent years a number of global initiatives in 2006. have been taken in relation to international mi- 39. That such a broad range of states, organiza- gration, sponsored by states, international insti- tions and non-governmental stakeholders have tutions, civil society and the private sector. One promulgated so many global initiatives indicates is the Berne Initiatives International Agenda for to the Commission that international migration, Migration Management, the principal aim of just like other global issues such as peace, trade, which is to assist government migration officials development and environmental protection, can to develop effective migration policy, legislation no longer effectively be addressed on a unilateral and appropriate administrative structures. The basis. It also reflects a growing awareness of the Commission has taken full consideration of the need for multilateral cooperation on the issue of Berne Initiative and commends it, especially the global security. Another additional manifestation priority it has placed on capacity-building. A of multilateralism is to be found in the growth of second global initiative is the Declaration of the informal migration policy networks, involving Hague on the Future of Refugee and Migration increased interaction between government offi- Policy. A follow-up process, the Hague Process cials (civil servants, parliamentarians, legislators, 72

81 Creating coherence:The governance of international migration judges) who work in different countries but have these activities add value to the efforts of indi- similar functional portfolios. vidual states, regional bodies, regional and 40. The challenge now is to realize more fully global consultative processes. At the same time, the potential of these global initiatives by build- the Commission has identified overlaps within ing on their momentum, bringing together their the current institutional architecture that at ideas, implementing their recommendations times undermine an integrated, coherent and and avoiding the danger of wasteful overlap. effective response to the opportunities and chal- The Commission has consulted with the UN lenges presented by international migration. Secretary-General, the UN secretariat and a Rather than being complementary, different number of member states to enhance under- institutional approaches to the same issue can di- standing of the linkages between migration, de- verge and even conflict, and there is also velopment and related policy issues. The frequent competition for limited funds to achieve High-Level Dialogue provides an opportunity the same goals. to respond to this challenge by strengthening consultation and cooperation between states at The institutional architecture the global and regional levels. Furthermore, the 42. This lack of inter-agency cooperation and ongoing UN reform process offers a unique op- coordination has arisen for a number of different portunity to rise to this challenge through a reasons. First, and as explained in the previous revision of current institutional arrangements chapter, the UN does not have a specialized mi- on migration. gration agency, and responsibilities in this area are spread across different institutions such as Institutional arrangements ILO, OHCHR, UNDESA, UNFPA and UN- The Commission proposes to the UN HCR, the mandates of which have evolved in Secretary-General the immediate es- specific historical, geographical and thematic tablishment of a high-level inter-institu- contexts. IOM, which is the largest intergovern- tional group to define the functions and mental institution dealing with migration and modalities of, and pave the way for, an Inter-agency Global Migration Facility. whose mandate and activities have evolved This Facility should ensure a more coher- significantly in recent years, operates outside the ent and effective institutional response to UN system. the opportunities and challenges present- 43. Second, organizations that were not traditionally ed by international migration. involved in the issue, especially development and trade- related bodies such as the World Bank, UNCTAD, 41. The Commission has consulted widely with UNDP and WTO, have in recent years assumed a governments, UN and other agencies on the is- greater role in this policy area because of growing aware- sue of institutional arrangements. In the course ness of the linkages between migration and their specific of these consultations, it has been impressed by mandates. the extent to which relevant organizations con- tribute to functions such as policy development, standard setting and protection, programme im- plementation, multilateral consultation, data collection, evaluation and research, and how 73

82 Report of the Global Commission on International Migration 44. Third, in institutional and operational terms, 47. The first is that of efficiency. In the current migration has become closely linked to the issue environment, different agencies find themselves of refugee movements and internal population working on the same issue, undertaking similar displacements, phenomena that are often activities and establishing parallel contacts grouped together under the rubric of forced with the same government bodies and regional migration. Forced migration constitutes a subset processes. IOM, ILO, OHCHR, UNHCR and of the humanitarian affairs domain, an area the UN Office for Crime and Drug Prevention which involves a range of additional organiza- (UNODC), for example, all have an interest in tions (such as OCHA and WFP) and which has the issues of human trafficking and migrant also been characterized by some longstanding smuggling. Similarly, the World Bank, as well as questions concerning inter-agency cooperation IOM, ILO and UNDP, are all concerned with and coordination. Certain organizations, most migrant remittances and their impact on devel- notably IOM and UNHCR, straddle the some- opment. While such overlaps are not necessarily what indistinct line between migration and negative, and may not be entirely avoidable, the humanitarian action, and it is therefore not Commission has concluded that they often give surprising that the relationship between these rise to competition between the agencies con- two organizations has to some extent come to cerned and that they do not represent the most symbolize the challenge of managing inter- efficient use of the limited resources available. agency relationships. 48. A second advantage of coordination is that of 45. Fourth, and as indicated earlier in this chap- policy consistency. Partly in response to their ter, there is a linkage between the problem of specific mandates, and partly in response to their incoherence at the national level and the issue of institutional cultures, different institutions, coordination at the multilateral and institution- including those that are within the UN system, al level. States are the effective owners of interna- are prone to develop their own and sometimes tional organizations, establishing their statutes quite distinct policy approaches to the same is- and constitutions, comprising their governing sue. This is not just a problem at the level of bodies and providing the bulk of their resources. policy formulation, but can also hamper pro- And yet states do not always approach these gramme implementation. organizations in a coherent manner. A govern- 49. A third advantage to be gained from en- ment official attending a meeting of the ILO, for hanced coordination is the pooling and exchange example, is likely to come from a different min- of expertise. While migration is a complex and istry than that represented at a meeting of IOM multidimensional phenomenon, the expertise to or UNHCR. And the concerns and interests of be found within different organizations contin- those different ministries may not be the same. ues to be somewhat limited. A UNHCR staff member may have a great deal of competence in the area of refugee protection but may know little The benefits of improved coordination about labour migration. Similarly, a World Bank 46. Several distinct advantages can be gained by official may be an expert on migrant remittances promoting better cooperation and coordination but have little understanding of migration for the between the various organizations involved in purpose of family reunification. the area of international migration. 74

83 Creating coherence:The governance of international migration 50. It is in the interest of all these organizations become increasingly blurred. It can often be to share expertise, ideas and information in a difficult to discern precisely why an individual mi- more systematic manner, not only in the specific grant moves; for many people there are mixed mo- area of human mobility but also in associated tivations. There is also an increasing overlap in the areas such as development, trade, aid, human migration routes taken by both refugees and eco- rights and security. There is also considerable nomic migrants, and both may use the same scope for increased cooperation and coordina- smuggling networks. Second, individual migrants tion amongst agencies in areas such as research, can shift between migration categories as they data collection, analysis and exchange, evalua- move from one country to another, and may even tion, public information, advocacy and policy belong to more than one category at the same formulation. time. Third, certain migrants, such as transit mi- grants, asylum seekers and refugees who move on from the country where they have been granted A longer term approach asylum, may be of concern to the institutions re- 51. The Commission takes the view that in the sponsible for both voluntary and forced migration. longer term a more fundamental overhaul of the A merger could be an effective response to these current institutional architecture relating to in- grey zones of international migration. ternational migration will be required, both to 55. At least three issues would, however, need to bring together the disparate migration-related be considered in relation to such proposals. A functions of existing UN and other agencies principal concern would be the possible dilution within a single organization and to respond to of UNHCRs supranational mandate for refugee the new and complex realities of international protection, and the risk of jeopardizing the uni- migration. versal refugee protection regime that has been 52. A number of options for change have been collectively developed between states and UN- analysed in the past. These include: creating a HCR over the last 55 years. A second concern new agency, possibly by merging IOM and UN- arises from the notion of combining two agen- HCR; designating a lead agency from among cies with very different cultures and approaches: existing agencies, such as UNHCR or ILO; or IOM is a service-providing intergovernmental bringing IOM into the UN system to take a lead body while UNHCR is an agency with an ac- on the issues of voluntary migration. cepted supranational protection mandate. It is likely that there would need to be two defined 53. There is some logic in proposing a single or- and separate tracks even within a single agency, ganization to deal with both voluntary and in order to deal respectively with economic and forced migration through a merger of IOM and forced migration. Third, redefining the govern- UNHCR. The geopolitical realities of the post- ing structure of a merged agency would require World War Two era shaped the current institu- considerable negotiation among governments tional architecture by separating responsibility and the UN. for refugees and other migrants. 56. Another model is a global agency for eco- 54. These historical mandates do not, however, nomic migration, functioning within the UN reflect contemporary realities. First, the distinc- system. This agency could fulfill all of the multi- tion between voluntary and forced migrants has lateral functions relevant to economic migration, 75

84 Report of the Global Commission on International Migration including: an operational and technical coopera- erning bodies concerning the institutions tion function incorporating capacity-building; evolution, formal status and relationship with research, policy analysis and policy development; the UN system. Finally, under such a scenario, collating and analyzing migration-related data the impact on the responsibilities of other key and information; a mandate for the protection of agencies would have to be carefully considered, migrants rights, and a forum for interstate especially ILOs labour migration mandate. dialogue and possibly negotiations. This agency 59. Both these models are long-term options. should also assume a leading role in developing The Commission recommends that they are the linkages between migration and related is- considered and taken forward at an appropriate sues such as development, trade, security and hu- moment in the context of the ongoing process of man rights, and cooperating with relevant reforming the UN, to make it a more efficient institutions. A formal understanding would have and effective organization. to be reached between such a new agency and UNHCR so as to ensure an effective response to the gaps and overlaps described above. A more immediate response:The Inter-agency Global Migration Facility 57. IOM would appear to be the most suited body to become this global agency for economic 60. A more immediate response is required to migration. It already assumes a number of the coordinate, and ensure coherence and consist- broadly-defined required functions: operations ency within, the current institutional architec- and logistics, technical cooperation and capaci- ture. In this regard, the Commission has also ty-building, policy development and research, as consulted with the Geneva Migration Group well some data collection. As mentioned earlier, (GMG), established in 2002 to bring it has launched a policy dialogue with govern- together the heads of IOM, ILO, UNHCR, ments and other stakeholders on key migration UNCTAD and UNODC. The Commission issues. IOMs structure has also expanded sig- commends this initiative, but notes that GMG is nificantly in recent years. IOM does not cur- not intended as a formal coordination mecha- rently have a formal mandate for the protection nism. Furthermore, it does not include all the of migrant rights, which some might regard as an key institutional actors either inside or outside essential function. The growth of IOM is also the UN system; the meetings of agency heads in reflected in its increased membership, which at the GMG are not replicated at the working level, present includes 109 member states and a fur- and the group does not have a permanent secre- ther 24 with observer status. tariat. 58. Under its current constitution, IOM oper- 61. The Commission therefore proposes to the ates essentially as a service organization on behalf UN Secretary-General the immediate establish- of its member states, which is only part of the re- ment of a high-level inter-institutional group, to mit that would be required of a global lead agency pave the way for the creation of an Inter-agency for economic migration. To maintain coherence Global Migration Facility in 2006. This inter- and consistency within the multilateral system, it institutional group can be established quickly, would also seem logical for IOM to become part on the direct initiative of the Secretary-General, of the UN system. In this respect, the Commis- and should have two principal functions. The sion notes the current debate within IOMs gov- first is to bring together the heads, or delegated 76

85 Creating coherence:The governance of international migration senior representatives, from all agencies Capacity-building currently involved in international migration 64. The Facility could assume responsibility for and associated areas, so as to identify existing coordinating an integrated approach to capaci- overlaps and gaps, to explore the potential for ty-building, as specified earlier in this chapter. pooling institutional expertise and to develop This function would necessitate the inclusion of complementarities. The second is to develop a UNDP, which has strong capacity-building ex- detailed proposal on the functions and terms of pertise even though it is not directly involved in reference for an Inter-agency Global Migration migration. The World Bank would also be in- Facility. The group should report in time for the cluded, both for its expertise in advising on na- Secretary-General to present its outcome at the tional development policies as well as its funding 2006 General Assembly on International Migra- function. The Facility could usefully pool the tion and Development. This group should com- experience and expertise required for technical prise the current membership of GMG as well as assistance and training and the provision of other relevant institutions including, but not other advisory services. only, the World Bank, UNDESA, UNDP and UNFPA. It may also include several non- institutional, independent experts. Migration and development 62. The overall objective of the Inter-agency 65. The Facility could integrate current efforts Global Migration Facility would be to establish to enhance the developmental impact of migra- a comprehensive and coherent approach in the tion. These initiatives include not only facilitat- overall institutional response to international ing the transfer of remittances and addressing migration. More specifically, it could facilitate the range of other issues examined in Chapter the exchange of experience and expertise, and Two, but would also promote investment and help deliver greater efficiency and policy consist- financial sector reform and thereby create an ency. The format and function of the Inter- enabling environment in which to realize the agency Global Migration Facility would be developmental opportunities presented by decided by the Secretary-General. There are international migration. eight areas where the Inter-agency Global Mi- gration Facility could add value to the current Data collection and exchange institutional response. 66. The Facility could coordinate data collec- tion, dissemination, analysis and exchange on Policy planning international migration, and on the basis of that 63. The Facility could facilitate coordinated and data, monitor migration trends. To fulfill this integrated policy planning in areas that cross the function the Facility would have to include mandates of several institutions, for example UNDESA, which already has a well-established human trafficking, the migration-asylum nexus reputation in the area of data collection and and the developmental implications of interna- analysis on migration and related issues. tional migration, including remittances. 77

86 Report of the Global Commission on International Migration Policy analysis and evaluation Funding framework 67. The Facility could promote greater coordi- 70. A final function of the Facility could be to nation and cooperation amongst agencies in the provide a funding framework for specific inter- areas of policy analysis, evaluation and research, agency activities, including capacity-building, and could also play a role in the establishment of and to manage shared resources for coordinated common evaluation standards. The Facility functions. would also ensure that relevant research on 71. The members of the Inter-agency Global migration-related issues is brought to the atten- Migration Facility would be existing institu- tion of all agencies concerned. tions, both within and outside the UN system, that have an interest and involvement in migra- Annual report tion. These would include, inter alia and in alphabetical order, ILO, IOM, OHCHR, 68. The Facility could produce an annual inter- UNCTAD, UNDESA, UNDP, UNESCO, agency report on key issues, trends, challenges UNFPA, UNHCR, UNIFEM, UNODC, the and policy developments in the area of interna- World Bank and WTO. The Inter-agency tional migration and on related issues. Such a re- Global Migration Facility would be supported by port would enable policymakers to be informed a permanent Secretariat, with staff seconded by of global and regional migration trends, and institutions. The chair of the Facility would be would also be a valuable capacity-building tool. rotated between agencies. 72. The opportunities and challenges of interna- Facilitating consultations tional migration need a response now. The Com- 69. The Facility could facilitate consultations, mission commends to the UN Secretary-General, not only between the agencies involved, but also concerned institutions and the international with regional bodies, the private sector, NGOs, community its proposal for the establishment of human rights organizations, and members of an Inter-agency Global Migration Facility. civil society, including migrant organizations. 78

87 ANNEX I Principles for Action and Recommendations 1. A world of work: Migrants in a 4. The GATS Mode 4 negotiations on the globalizing labour market movement of service providers should be Principle Migrating out of choice: brought to a successful conclusion. Given the Migration and the global economy linkage between international trade and inter- Women, men and children should be able to national migration, greater efforts should be realize their potential, meet their needs, exer- made to foster a dialogue between officials and cise their human rights and fulfil their experts dealing with the two issues. aspirations in their country of origin, and 5. Governments and employers should jointly hence migrate out of choice, rather than review current barriers to the mobility of highly necessity. Those women and men who educated professionals, with a view to removing migrate and enter the global labour market those which are unnecessarily hindering eco- should be able to do so in a safe and author- nomic competitiveness. ized manner, and because they and their skills 6. Greater efforts should be made to create jobs are valued and needed by the states and socie- and sustainable livelihoods in developing coun- ties that receive them. tries, so that the citizens of such states do not feel compelled to migrate. Developing countries and Recommendations the industrialized states should pursue economic policies and implement existing commitments 1. The number of people seeking to migrate that enable this objective to be achieved. from one country and continent to another will increase in the years to come, due to developmen- tal and demographic disparities, as well as differ- II. Migration and development: ences in the quality of governance. States and Realizing the potential of other stakeholders must take due account of this human mobility trend in the formulation of migration policies. Principle Reinforcing economic and 2. States and other stakeholders should pursue developmental impact more realistic and flexible approaches to inter- The role that migrants play in promoting de- national migration, based on a recognition of velopment and poverty reduction in countries the potential for migrant workers to fill specific of origin, as well as the contribution they gaps in the global labour market. make towards the prosperity of destination 3. States and the private sector should consider countries, should be recognized and rein- the option of introducing carefully designed forced. International migration should be- temporary migration programmes as a means of come an integral part of national, regional addressing the economic needs of both countries and global strategies for economic growth, in of origin and destination. both the developing and developed world. 79

88 Report of the Global Commission on International Migration Recommendations origin. In stemming irregular migration, 7. Cooperative relationships between labour- states should actively cooperate with one rich and labour-poor countries are required to pro- another, ensuring that their efforts do not mote human capital formation and the jeopardize human rights, including the right development of a global pool of professionals. Pro- of refugees to seek asylum. Governments viding appropriate pay, working conditions and should consult with employers, trade unions career prospects in order to retain key personnel and civil society on this issue. must be an integral component of such strategies. 8. Remittances are private money and should Recommendations not be appropriated by states. Governments and 12. States and other stakeholders should engage financial institutions should make it easier and in an objective debate about the negative conse- cheaper to transfer remittances and thus encour- quences of irregular migration and its prevention. age migrants to remit through formal transfer 13. Border control policies should form part of systems. a long-term approach to the issue of irregular 9. Measures to encourage the transfer and migration that addresses the socio-economic, investment of remittances must be combined governance and human rights deficits that with macro-economic policies in countries of prompt people to leave their own country. This origin that are conducive to economic growth approach must be based on interstate dialogue and competitiveness. and cooperation. 10. Diasporas should be encouraged to pro- 14. States should address the conditions that mote development by saving and investing in promote irregular migration by providing addi- their countries of origin and participating in tional opportunities for regular migration and transnational knowledge networks. by taking action against employers who engage 11. States and international organizations migrants with irregular status. should formulate policies and programmes that 15. States should resolve the situation of mi- maximize the developmental impact of return grants with irregular status by means of return or and circular migration. regularization. 16. States must strengthen their efforts to com- III. The challenge of irregular bat the distinct criminal phenomena of migrant migration: State sovereignty smuggling and human trafficking. In both cases, and human security perpetrators must be prosecuted, the demand for Principle Addressing irregular migration exploitative services eradicated and appropriate protection and assistance provided to victims. States, exercising their sovereign right to de- termine who enters and remains on their ter- 17. In their efforts to stem irregular migration, ritory, should fulfil their responsibility and states must respect their existing obligations un- obligation to protect the rights of migrants der international law towards the human rights and to re-admit those citizens who wish or of migrants, the institution of asylum and the who are obliged to return to their country of principles of refugee protection. 80

89 Principles for Action and Recommendations IV. Diversity and cohesion: tion of integration policies and programmes. Migrants in society The rights, welfare and educational needs of Principle Strengthening social cohesion migrant children should also be fully respected. through integration 22. While temporary migrants and migrants with Migrants and citizens of destination countries irregular status are not usually granted the right to should respect their legal obligations and ben- integrate in the society where they are living, their efit from a mutual process of adaptation and rights should be fully respected and they should be integration that accommodates cultural diver- protected against exploitation and abuse. sity and fosters social cohesion. The integra- 23. Those individuals and organizations that tion process should be actively supported by have an influence on public opinion must local and national authorities, employers and address the issue of international migration in an members of civil society, and should be based objective and responsible manner. on a commitment to non-discrimination and gender equity. It should also be informed by an objective public, political and media dis- V. A principled approach: Laws, course on international migration. norms and human rights Principle Protecting the rights of migrants Recommendations The legal and normative framework affecting 18. While recognizing the right of states to deter- international migrants should be strength- mine their own policies in relation to the situation ened, implemented more effectively and ap- of migrants in society, all migrants must be are plied in a non-discriminatory manner, so as to able to exercise their fundamental human rights protect the human rights and labour standards and benefit from minimum labour standards. that should be enjoyed by all migrant women 19. Authorized and long-term migrants should and men. Respecting the provisions of this le- be fully integrated in society. The integration gal and normative framework, states and other process should value social diversity, foster social stakeholders must address migration issues in cohesion and avert the marginalization of mi- a more consistent and coherent manner. grant communities. 20. Local and national authorities, employers Recommendations and members of civil society should work in 24. States must protect the rights of migrants by active partnership with migrants and their asso- strengthening the normative human rights ciations to promote the integration process. framework affecting international migrants and Migrants should be properly informed of their by ensuring that its provisions are applied in a rights and obligations and encouraged to be- non-discriminatory manner. come active citizens in the country to which they 25. All states must ensure that the principle of have moved. state responsibility to protect those on their ter- 21. Particular attention should be given to the ritory is put into practice, so as to reduce the empowerment and protection of migrant wom- pressures that induce people to migrate, protect en, as well as ensuring that they are actively migrants who are in transit and safeguard the involved in the formulation and implementa- human rights of those in destination countries. 81

90 Report of the Global Commission on International Migration 26. Governments and employers must ensure 29. The international community should support that all migrants are able to benefit from decent the efforts of states to formulate and implement na- work as defined by the ILO and are protected tional migration policies through the contribution from exploitation and abuse. Special efforts must of resources, appropriate expertise and training. be made to safeguard the situation of migrant 30. Bilateral agreements are a valuable means of women domestic workers and migrant children. addressing migration issues that affect two states. 27. The human rights component of the UN They must always respect the normative frame- system should be used more effectively as a work affecting international migrants and there- means of strengthening the legal and normative by safeguard migrant rights. framework of international migration and en- 31. Additional efforts are required to ensure suring the protection of migrant rights. that regional consultative processes on migra- tion have worldwide coverage, engage civil soci- ety and the private sector, and are not focused VI. Creating coherence: The governance of international solely on migration control. Greater interaction migration between the different processes is essential given the global nature of migration. Principle Enhancing governance: Coherence, capacity and cooperation 32. The new willingness of a range of states, in- The governance of international migration stitutions and non-governmental stakeholders should be enhanced by improved coherence to take global initiatives on international migra- and strengthened capacity at the national tion is welcome. The UN General Assembly level; greater consultation and cooperation High-Level Dialogue provides an opportunity between states at the regional level, and more for greater interaction and coherence between effective dialogue and cooperation among these initiatives, and to ensure that their mo- governments and between international mentum is maintained. The ongoing UN re- organizations at the global level. Such efforts form process provides a window of opportunity must be based on a better appreciation of to realize this momentum through a revision of the close linkages that exist between interna- current institutional arrangements. tional migration and development and other 33. The Commission proposes to the UN Sec- key policy issues, including trade, aid, state retary-General the immediate establishment of security, human security and human rights. a high-level inter-institutional group to define the functions and modalities of, and pave the Recommendations way for, an Inter-agency Global Migration Facility. This Facility should ensure a more 28. All states should establish coherent national coherent and effective institutional response to migration policies that are based on agreed the opportunities and challenges presented by objectives, take account of related policy issues international migration. and are consistent with international treaty law, including human rights law. Governance at the national level should be effectively coordinated among all concerned ministries and should also involve consultation with non-state actors. 82

91 ANNEX II Migration at a glance This annex highlights some of the key facts and Where are the migrants? (Year 2000) figures relating to numbers, patterns, causes and 56.1 million in Europe (including the Euro- consequences of international migration today. pean part of the former USSR), accounting for It relies on the latest available data from: 7.7% of Europes population UNDESA, World Bank, IOM, ILO and UNHCR. 49.9 million in Asia, accounting for 1.4% of Asias population How many international migrants are there? 40.8 million in North America, accounting There are nearly 200 million international for 12.9% of North Americas population migrants in 2005, counting only those who 16.3 million in Africa, accounting for 2% of have lived outside their country for more than Africas population one year and including 9.2 million refugees 5.9 million in Latin America, accounting for This is equivalent to the population of the 5th 1.1% of Latin Americas population largest country Brazil 5.8 million in Australia, accounting for 18.7% 1 in 35 people is an international migrant; or of Australias population 3% of the worlds population Numbers are increasing rapidly: from 82 mil- Which are the most important host countries? (Year 2000) lion international migrants in 1970 through 175 million in 2000 to nearly 200 million USA has some 35 million: 20% of the worlds today migrants Migrant women The Russian Federation has some 13.3 mil- lion: 7.6% of the worlds migrants Almost half the worlds international migrants are women (48.6%) Germany has some 7.3 million: 4.2% of the worlds migrants Some 51% of migrant women live in the developed world, compared with 49% in the Ukraine has some 6.9 million: 4.0% of the developing world worlds migrants There are more female than male international India has some 6.3 million: 3.6% of the worlds migrants in Latin America and the Caribbean, migrants North America, Oceania, Europe and the Migrants comprise more than 60% of the former USSR total population in Andorra, Macao Special Administrative Region of China, Guam, the Holy See, Monaco, Qatar and the United Arab Emirates 83

92 Report of the Global Commission on International Migration Which are the most important origin Differentials in life expectancy: 58 years in low countries? income countries; 78 years in high income The Chinese diaspora has an estimated 35 countries million people Education gaps: 58% women and 68% men The Indian diaspora has some 20 million literate in low income countries, almost full literacy in high income countries; 76% pri- The Filipino diaspora has some 7 million mary school enrolment in low income coun- How has the distribution of migrants tries, almost full enrolment in high income changed? countries From 1980 to 2000, the number of migrants Demographic gradients: on average 5.4 children living in the developed world increased from born to each woman in Sub-Saharan Africa, 48 million to 110 million; compared with an compared with: 3.8 in the Arab World; 2.5 in increase from 52 million to 65 million in the Latin America and the Caribbean, and 1.4 in developing world Europe Today, some 60% of the worlds migrants live What are migrants economic contributions to in the developed world host countries? In 1970, migrants comprised 10% of the pop- In 2000, some 86 million of the worlds ulation in 48 countries; this had increased to migrants were economically active over 50% 70 countries by 2000 of all migrants From 1970 to 2000, the proportion of the Foreign workers comprise over 5% of the worlds migrants living in North America rose labour force in 8 European countries from 15.9% to 22.3%, and in the former From 1975 to 2001, the number of foreign USSR from 3.8% to 16.8% workers in Japan increased from 750,000 to From 1970 to 2000, the proportion of the 1.8 million worlds migrants living in other parts of the Skilled immigrants and family members world decreased from: 34.5% to 25% in Asia; constitute over 50% of migrants entering 12% to 9% in Africa; 7.1% to 3.4% in Latin Australia, Canada and New Zealand America and the Caribbean; 22.9% to 18.7% in Europe, and 3.7% to 3.1% in Oceania What is the demographic impact of migration in host countries? Why do migrants move? From 1990 to 2000, international migration Wage disparities: 45.7% of people earn less accounted for 56% of the population growth than $1 per day in Sub-Saharan Africa; 14.4% in the developed world, compared with 3% in in South Asia, and 10.4% in Latin America the developing world and the Caribbean From 1990 to 2000, immigration accounted Unemployment rates: 12.2% in the Middle East for 89% of population growth in Europe and North Africa; 10.9% in Sub-Saharan Africa, and 6.6% in industrialized economies From 1995 to 2000, Europes population would have declined by 4.4 million without immigration 84

93 Migration at a Glance From 1995 to 2000 immigration accounted Some 20 million migrants with irregular status for 75% of population growth in USA live in India How much money do migrants send home? An estimated 600-800,000 people are traf- ficked each year Formal transfers of remittances were worth about $150 billion in 2004 Migrant smugglers and human traffickers make an estimated $10 billion profit each Perhaps $300 billion are additionally trans- year ferred informally What is the number of refugees and Formal remittance transfers are almost triple asylum seekers? the value of Official Development Assistance 6.5 million of the worlds 9.2 million refugees Formal remittance transfers are the second live in developing countries largest source of external funding for Develop- ing Countries after Foreign Direct Invest- From 2000 to 2004, the global refugee popu- ment lation decreased by 24% The top 3 remittance-receiving countries in Refugees represent 23% of international 2004 were: Mexico ($16 billion per year), migrants in Asia; 22% in Africa, and 5% in India ($9.9 billion), the Philippines ($8.5 bil- Europe lion) Pakistan hosts the largest number of refugees; The top 3 remittance-sending countries in just over 1 million (11% of the global total) 2001 were: USA ($28 billion per year), Saudi From 1994 to 2003 some 5 million people Arabia ($15 billion), Belgium, Germany and applied for asylum in the industrialized coun- Switzerland ($8 billion) tries; refugee or equivalent status was granted How important is irregular migration? to 1.4 million of them (28%) An estimated 2.5 to 4 million migrants cross In 2004, 676,000 applications for asylum international borders without authorization were submitted in 143 countries; representing each year a 19% decrease from 830,300 in 2003 At least 5 million of Europes 56.1 million mi- In 2004, 83,000 refugees were resettled, grants in 2000 had irregular status (10%) mainly in the USA (53,000), Australia (16,000) and Canada (10,000) Some 500,000 undocumented migrants are estimated to arrive in Europe each year An estimated 10 million migrants live in the USA with irregular status An estimated 50% of the Mexican-born popu- lation in USA in 2000 had irregular status (4.8 million) 85

94 Report of the Global Commission on International Migration ANNEX III States parties to universal legal instruments affecting international migrants Instrument Entry into force States parties through ratification, As of accession or succession 1948 Universal Declaration Adopted by of Human Rights General Assembly resolution 217 A (III), 10 December 1948 1965 International Convention 4 January 1969 170 29 June 2005 on the Elimination of All Forms of Racial Discrimination 1966 International Covenant 23 March 1976 154 29 June 2005 on Civil and Political Rights 1966 International Covenant 3 January 1976 151 29 June 2005 on Economic, Social and Cultural Rights 1979 Convention on the 3 September 1981 180 29 June 2005 Elimination of All Forms of Discrimination against Women 1984 Convention against 26 June 1987 139 29 June 2005 Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1989 Convention on the 2 September 1990 192 29 June 2005 Rights of the Child 1990 International Convention 1 July 2003 30 29 June 2005 on the Protection of the Rights of All Migrant Workers and Members of Their Families ILO Convention 97 on 22 January 1952 43 July 2005 Migration for Employment Convention ILO Convention 143 on 9 December 1978 18 July 2005 Migrant Workers 86

95 States parties to universal legal instruments affecting international migrants Instrument Entry into force States parties through ratification, As of accession or succession 1951 Convention relating to 22 April 1954 142 (Convention) 1 May 2005 the Status of Refugees and (Convention), 142 (Protocol) 1967 Protocol relating to the 4 October 1967 States Parties to both the Status of Refugees (Protocol) Convention and Protocol: 139 States Parties to one or both of these instruments: 145 1954 Convention relating to 6 June 1960 57 1 May 2005 the Status of Stateless Persons 1961 Convention on the 13 December 1975 29 1 May 2005 Reduction of Statelessness 1957 Convention on the 11 August 1958 70 5 February 2002 Nationality of Married Women 1963 Vienna Convention on 19 March 1967 163 Consular Relations 2000 UN Convention against 29 September 2003 107 29 July 2005 Transnational Organized Crime 2000 Protocol to Prevent, 25 December 2003 61 14 June 2004 Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime 2000 Protocol against the 28 January 2004 55 14 June 2004 Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime 1950 Convention for the 25 July 1951 75 24 March 2003 Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others 87

96 Report of the Global Commission on International Migration ANNEX IV Acknowledgements The Global Commission on International Johannes Koettl, Cathy Lloyd, Phillip Martin, Migration would like to thank the many indi- Susan Martin, Rainer Munz, Kathleen New- viduals and organizations that have contributed land, Kevin ONeill, John Parker, Nicola Piper, to the work of the Commission. Martin Ruus, Danny Sriskandrajah, Galina Vitkovskaya, Zhanna Zayinchkovskaya. Secretariat In addition, the Commission wishes to thank The Commissions final report was drafted by the authors of some 50 research papers pub- Jeff Crisp, Director of Policy and Research, and lished in the series Global Migration Perspec- Khalid Koser, Senior Policy Analyst, under the tives, which can be accessed on the Commissions direction of Executive Director Rolf K. Jenny. website, www.gcim.org. During the life of the Commission, a number of Advisors people worked in the Secretariat, some of them on a temporary or part-time basis: The following individuals provided valuable ad- Administration and Logistics: Barry Ardiff, Jos vice to the Secretariat: Ohms, Alessandra Roversi, Renata Lapierre, Sue Manolo Abella, Alex Aleinikoff, Gervais Rampersad Appave, Robert Bach, Alice Bloch, Roger Bohn- External relations and communications: Jrgen ing, Peter Bosch, Frans Bouwen, Meyer Burstein, Sandstrm, Laura Fhndrich Jorgen Carling, Stephen Castles, Jo Chamie, Lincoln Chen, Ryszard Cholewinski, Robin Policy analysis and research: sa Carlander, Cohen, Catherine Dauvergne, Paul de Colleen Thouez, Christina Lee, Aspasia Papa- Guchteneire, Michael Doyle, Delanyo Dovlo, dopoulou, Daniel Jacquerioz, Rebekah Thomas Jean-Francois Durieux, Solvig Ekblad, Bimal Experts Ghosh, Sandy Gifford, Mariette Grange, Danielle Grondin, Friedrich Heckmann, Ulf The following experts were commissioned to Hedetoft, James Hollifield, Mireille Kingman, prepare papers for the Secretariats Policy Analy- Will Kymlicka, Frank Lazcko, Richard Lewis, sis Programme: Ninna Nyberg-Sorensen, John Oucho, Robert Aderanti Adepoju, Martin Baldwin-Edwards, Paiva, Rinus Penninx, Douglas Pearce, Richard Robert Barnidge, Leah Bassel, Christina Boswell, Perruchoud, David Petrasek, Dilip Rhata, Manuel Carballo, Taras Chernetsky, Johnathan Patrick Taran, Gary Troeller, Nicholas Van Hear, Crush, Stefanie Grant, Colin Harvey, Robert Gerry Van Kessel, Ellie Vasta, Steven Vertovec, Holzmann, Graeme Hugo, Binod Khadria, Jonas Widgren, Monette Zard. 88


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