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Migration of People from Latin America and the Caribbean: Labour Markets and Social Dialogue Gloria

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Promote bilateral agreements with destination countries on labour migration ... Trade Unions in Destination Countries ... Develop good practice guides for employers ... – PowerPoint PPT presentation

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Title: Migration of People from Latin America and the Caribbean: Labour Markets and Social Dialogue Gloria


1
Migration of People from Latin America and the
Caribbean Labour Markets and Social Dialogue
Gloria Moreno-Fontes Chammartin Senior
Specialist on Labour Migrations International
Labour Organization, Geneva e-mail
mfontes_at_ilo.org
2
The Tripartite Approach and Social Dialogue
  • Importance of Governments and employers and
    workers organizations d cooperation at the
    national and international levels to promote a
    better management of job-related migrations and
    in order to ensure that labour migration yields
    benefits for everyone.
  • A tripartite mechanism (similar to those adopted
    by the ILO to formulate labour market policies)
    is ideal for social dialogue on the formulation
    of national or regional migration policies based
    on the tripartite approach serving as the
    operating principle in structuring
    decision-making in this important sphere of
    government policy.
  • Thus, closer cooperation between sovereign states
    and social partners could help create better
    regulated labour migration processes and more
    effective information systems on supply and
    demand of migrant workers based on labour market
    assessments.

3
Labour Ministries
  • Key role in the formulation, preparation,
    implementation, and administration of labour
    migration policies in order to ensure that issues
    related to labour and employment policies are
    taken into account.
  • Establish a mechanism for guaranteeing the
    coordination and holding of consultations among
    all ministries, authorities, and agencies with
    responsibility on labour migration.
  • Ensure that the specific structures and
    mechanisms of the ministries have the capacity
    and skills necessary for designing, formulating,
    and implementing labour migration policies,
    including, when possible, a special office
    responsible for matters related to migrant
    workers.

4
Competent Authorities for Immigration Policy,
Work Permits, and Residence Permits in Selected
Countries
Residence Permits
Work Permits
Immigration Policy
Country
Ministerio de Trabajo y Ministerio de Gobierno
Ministerio de Trabajo
Direccion de Migracion, Ministerio de Gobierno
Bolivia
Departamento de Estrangeiros Ministério da
Justiça
Coordenação-Geral de Imigração, Ministério do
Trabalho e Emprego
Ministério do Trabalho, Ministério da Justiça,
Ministério das Relações Interiores
Brazil
Dirección General de Migración, Consejo Nacional
de Migración y Extranjería
Ministerio de Trabajo y de Seguridad Social
(estudio y análisis del mercado laboral y
determinación del impacto de las migraciones
laborales)
Dirección General de Migración, Consejo Nacional
de Migración y Extranjería
Costa Rica
Dirección General de Migración y Extranjería
Dirección General de Migración y Extranjería y
Ministerio de Trabajo
Ministerio de Relaciones Exteriores y de
Gobernación
El Salvador
Department of State (Consular Affairs) Homeland
Security (BCIS)
Department of Labor (Employment and Training
Administration ETA and Employment Standards
Administration ESA)
Department of State (Office of Consular Affairs)
Department of Homeland Security Bureau of
Immigration and Customs
United States
Dirección General de Migración
Ministerio de Trabajo y Previsión Social
Dirección General de Migración
Guatemala
Dirección General de Migración y Extranjería
Ministerio de Trabajo
Dirección General de Migración y Extranjería
Nicaragua
Source ILO Survey on Migrations, 2003.
5
Trade Unions in Countries of Origin
  • Provide information on rights, obligations, and
    potential abuses in destination countries
  • Promote bilateral agreements with destination
    countries on labour migration
  • Provide departing migrants with the names and
    addresses of destination country trade unions, in
    case of need
  • Ensure that workers receive due protection
    against discrimination and labour exploitation
  • Facilitate the reincorporation of returning
    migrant workers by providing information on the
    job market and creating support cooperatives

6
Trade Unions in Destination Countries
  • Lobby for equality of opportunities and treatment
    for migrant workers in terms of access to
    employment, social security, and
    nondiscrimination
  • Organize information campaigns on their rights
    and assist them with legal services
  • Establish dialogues with employers organizations
    on the situation faced by migrant workers
  • Ensure that workers contracts do not prohibit
    them from joining trade unions
  • Ensure that female migrants receive maternity
    insurance, equal pay, and protection from sexual
    harassment and other abuses

7
Employers Organizations
  • Participate in a dialogue with the Government to
    identify the supply and demand for labour
  • Monitor the implementation of bilateral
    agreements
  • Provide workers with information on working
    conditions
  • Fund vocational training when needed by specific
    industries
  • Establish committees or structures to ensure
    equal opportunities for national and migrant
    workers
  • Work for the adoption of public policies and work
    plans at the enterprise level
  • Develop good practice guides for employers
  • Develop model employment contracts for use by
    employers

8
Dialogue between Countries of Origin and
Destination in a Bilateral or Multilateral
Context
  • Exchanging information about labour surpluses and
    shortages
  • Adopting of coordinated policies among countries
    that export labour
  • Harmonizing policies among countries that import
    labour
  • Regulating intermediation services
  • Establishing an effective system for preventing
    labour exploitation
  • Dealing with the situation of irregular
    immigrants
  • Establishing a common approach to migration
    policy matters, such as temporary migrations, the
    emigration of skilled workers, the relationship
    between migration and development, and
    harmonizing social security and labour market
    policies

9
Table 2. ILO Estimates of Migrant Worker Numbers,
2000-2005


Migrants

Migrant Workers

Region
2000

2005

2000

2005

Million



Million



Million


Million



2.5

3

2.8

3

Latin
5.9

3

6.6

3

America
Carib.
20.5

24

22.4

24

North
40.8

23

44.5

23

America

23

27

25.2

27

Total

46.7

26
51.1

26

Source ILO, Towards a fair deal for migrant
workers in the global economy, Estimates based on
United Nations (Population Division) specific
rates of economic activity by country in ILO
(Statistics Office), and available country data
on foreigners and/or foreign-born economically
active population. Updated by Piyasiri
Wickramasekara, Specialist in International
Migrations, ILO-Geneva.




10
Migrant Workers by Sex and Sector in Selected
Latin American Countries (percentages of total
migrant workers in each economic activity)
11
Economic Active Population in the U.S. born in
Latin America by occupational group and older
than 16
12
Latin American and Caribbean migrant workers in
Spain per Economic Activity
13
Residents from Andean nations in Spain, 1995-2006
(000s)
000s
1,000
900
800
700
600
500
400
300
200
100
0
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
Bolivia
Colombia
Ecuador
Peru
Venezuela
All Andean
14
Migrant Workers from Latin America and the
Caribbean in Selected OECD Countries by Economic
Activity
Source Data compilation by ILO based on OECD
database
15
Bilateral Labour Exchange Agreements
16
Bilateral Agreements
17
ILOs Multilateral Framework on Labour Migration
and Labour Market Needs Assessments
  • Expanding avenues for regular labour migration
    should be considered, taking into account labour
    market needs and demographic trends.
  • 5.1 Establishing systems and structures for
    periodic, objective labour market analyses that
    take into account gender issues and that include
  • 5.1.1. sectoral, occupational and regional
    dimensions of labour shortages and their causes,
  • 5.1.2. shortages of skilled workers in both
    origin and destination countries, particularly in
    the public, health and education sectors,
  • 5.1.3. long-term impact of demographic trends,
    especially ageing, on the demand for and supply
    of labour
  • 5.2. Establishing transparent policies for the
    admission, employment and residence of migrant
    workers based on clear criteria, including labour
    market needs.

18
Labour Market Needs Assessments and Labour Market
Information Systems
  • Results of periodic and objectif Labour Market
    Needs Assessments and other types of collection
    of data provide key information on supply and
    demand of migrant workers to labour market
    information systems.
  • Information disseminated through public
    employment services, internet, etc.
  • Examples
  • Spains Catalogue of Difficult to Cover
    Occupations
  • Russia

19
All International Labour Standards cover
nationals and migrant workers equally unless
otherwise specified
  • ILO Declaration on Fundamental Principles and
    Rights at Work and follow-up thereon the eight
    fundamental principles apply universally in
    other words, they apply to all workers without
    distinction of nationality, type of work or
    residence permit (permanent or temporary), and
    regardless of their migratory status (regular or
    irregular).
  • However, these instruments do not affect nations
    sovereignty in regulating access to their
    territories or labour markets.
  • Most relevant standards are those of employment,
    social security, working conditions, employment
    services, private recruitment agencies and gender
    equality

20
Migrant Workers Conventions and Recommendations
  • C 97 Migration for Employment Convention 1949
    (42 ratifications)
  • C 143 Migrant Workers (Supplementary Provisions)
    Convention 1975 (18 ratifications)
  • R 86 Migration for Employment Recommendation
    1949
  • R 100 Protection of Migrant Workers
    Recommendation 1955
  • R 151 Migrant Workers Recommendation 1975

21
C. 97 Equal treatment principle
  • Includes an invitation to enter into bilateral
    agreements and use model employment contracts (R.
    86 annex 1)
  • Regulates the conditions under which migrations
    should take place (eg. exchange of information,
    cooperation among employment services)
  • Treatment no less favourable between nationals
    and documented immigrants in relation to
  • Remuneration
  • Affiliation to trade unions
  • Social security
  • Access to justice
  • Working conditions and lodging

22
C. 143 principle of equal treatment and
opportunities
  • Article 1. State members that have ratified
    should respect fundamental human rights of all
    (documented and undocumented) migrant workers.
  • Article 9. Migrant workers in an irregular
    situation should enjoy equal treatment concerning
    rights derived of past employment in terms of
    remuneration, employment security and other
    benefits.
  • Prevention of Migration in Abusive Conditions
  • Equality of opportunity and treatment between
    regular migrants and national workers in respect
    of employment and occupation, of access to
    employment (subject to a 2 year restriction),
    social security, of trade union and cultural
    rights and of individual and collective freedom

23
Ratification of ILO Conventions on migrant
workers by Latin American and Caribbean Countries
  • C. 97 Bahamas, Barbados, Belize, Brazil, Cuba,
    Dominica, Ecuador, Grenada, Guatemala, Guyana,
    Jamaica, Saint Lucia, Trinidad and Tobago,
    Uruguay, and Venezuela (total 15)
  • C. 143 Venezuela (total 1)

24
Social Security Conventions and migrant workers
C. 29 Equal treatment between national and
migrant workers in terms of indemnisation due to
work accidents (1925) C. 48 Conservation of
pension rights (invalidity, old age and death of
migrants (1935) C 118 Equality of Treatment
(Social Security) Convention 1962 C 157
Maintenance of Social Security Rights Convention
1982 C 128 Invalidity, Old-Age and Survivors
Benefits Convention 1967 C 102 Social Security
(Minimum Standards) Convention 1952
25
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