Movement of Natural Persons under GATS - Mode 4: Migration, Development and Labour Regulation - PowerPoint PPT Presentation

Loading...

PPT – Movement of Natural Persons under GATS - Mode 4: Migration, Development and Labour Regulation PowerPoint presentation | free to download - id: 72e167-Mjg1M



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Movement of Natural Persons under GATS - Mode 4: Migration, Development and Labour Regulation

Description:

Movement of Natural Persons under GATS - Mode 4: Migration, Development and Labour Regulation Dr. Ibrahim Awad Director International Migration Programme – PowerPoint PPT presentation

Number of Views:20
Avg rating:3.0/5.0
Slides: 26
Provided by: Victori186
Learn more at: http://css.escwa.org.lb
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Movement of Natural Persons under GATS - Mode 4: Migration, Development and Labour Regulation


1
Movement of Natural Persons under GATS - Mode
4 Migration, Development and Labour Regulation
Dr. Ibrahim Awad Director International Migration
Programme ILO
UN Economic and Social Commission for Western
Asia Cairo, 05-06 September 2007
2
GATS - Mode 4
  • Provides a legal basis for the movement of
    workers to meet demand for labour in countries of
    destination. These countries do not incur social
    and financial cost of integration.
  • This movement can contribute to development in
    countries of origin. These countries do not lose
    their workers permanently.

3
Migration, Development and Labour Regulation
  • Mode 4 Services supplied by a service supplier
    of one Member, through the presence of natural
    persons of a Member in the territory of any other
    Member.
  • The contention is that this not about labour
    migration.

4
Migration, Development and Labour Regulation (II)
  • Development The contention is that GATS- Mode 4
    will increase remittances and contribute to
    development in countries of origin.
  • Labour Regulation The Annex provides that the
    Agreement shall not apply to measures affecting
    natural persons seeking access to the employment
    market of a Member, nor shall it apply to
    measures regarding citizenship, residence or
    employment on a permanent basis.

5
GATS - Mode 4 the ILO perspective
  • GATS Mode 4 can be considered from a
    complementary perspective to that of trade.
  • This complementary perspective should enrich the
    debate and contribute to making GATS - Mode 4
    more responsive to the interests of all States.

6
GATS - Mode 4 the ILO perspective (II)
  • ILO Declaration of Philadelphia (1944) Labour is
    not a commodity.
  • Goods are one-dimensional, have predictable
    impacts and their border movement can be
    regulated fairly effectively by border controls.
  • People are multi-dimensional as workers,
    consumers and residents with an interest in the
    organisation of society. They can change their
    status and they can reproduce.
  • These differences make it hard to justify calls
    for treating Mode 4 temporary service providers
    outside the domain of immigration-related laws
    and labour market regulations.

7
Migration
  • Definition of Migrant Worker in ILO Migrant
    Workers (Supplementary Provisions) Convention,
    1975 (No. 143)
  • a person who migrates or who has migrated from
    one country to another with a view to being
    employed otherwise than on his own account and
    includes any person regularly admitted as a
    migrant worker.

8
Migration (II)
  • Temporary presence does not avoid the deeper
    economic and social problems associated with
    migration. Temporary workers often stay
    permanently in the host country.
  • GATS Mode 4 cannot be dissociated from
    migration.

9
Migration (III)
  • In fact, under GATS Mode 4, Governments are
    free to regulate entry and temporary stay,
    provided these measures do not nullify or impair
    the commitments.
  • Differential visa requirements are not to be
    regarded as nullifying or impairing benefits.

10
Development
  • Categories of temporary foreign workers
  • Intra-corporate transferees executives,
    specialists, managers
  • Business visitors
  • Contract service suppliers
  • Other high-level management officials/specialists
  • 70 of proposals for commitments deal with high-
    skilled workers accompanying foreign investments,
    including business visitors, managers and
    specialists (WTO, 2004 54).
  • Percentage of categories 1) intra-company
    transferees (57), 2) business visitors (23), 3)
    contract service suppliers (8) and 4) other
    high-level management officials/specialists
    (12).
  • Research indicates that the largest gains come
    from the movement of low-skilled workers, where
    the wage gaps are the greatest (Martin, 2006 v).

11
Development (II)
  • Remittances contention is that they will
    increase and contribute to development in
    countries of origin.
  • Remittances are significant for low skilled
    workers, where they contribute to poverty
    reduction.
  • But remittances are less significant for
    high-skilled migrant workers, those covered by
    GATS- Mode 4 commitments.
  • Remittances could decline with settlement. They
    could also continue to flow to developing
    countries and provide a band-aid that allows
    governments to defer reforms needed to spur
    economic growth and development.

12
Development (III)
  • Brain drain For sending countries, the costs of
    Mode 4 migration may include loss of skills and
    investments in education.
  • The balance depends on whether the extra skills
    acquired by returning service providers exceed
    the lost skills lost of those who settle.
  • If GATS made it easier for professional service
    providers to cross borders and stay abroad, a
    faster brain drain from developing countries
    could set in motion vicious circles that slowed
    development.
  • Departure of the best and brightest reduces the
    countrys capacity for long-term economic growth.

13
Labour Regulation
  • Agreement shall not apply to measures affecting
    natural persons seeking access to the employment
    market of a Member, nor shall it apply to
    measures regarding citizenship, residence or
    employment on a permanent basis.
  • This provision means that persons moving under
    Mode 4 do not join the labour market of a
    receiving country party to the Agreement when in
    fact they perform a job in its territory.

14
Labour Regulation (II)
  • The provision is a basis for excluding persons
    moving under Mode 4 from the jurisdiction of the
    receiving country, in respect of labour law.
  • In fact, applying national labour regulation
    becomes a limitation on commitments. Examples are
    the commitments of
  • Cambodia where a limitation mentions that
    foreign workers shall be subject to labour law
    (Tullao, 2007 16).
  • Egypt where a limitation mentions that foreign
    workers from the following countries (Greece,
    Iraq, Jordan, Libya, Qatar, Sudan, United Arab
    Emirates, Yemen) shall be subject to labour law.
  • Indonesia where a limitation mentions that
    foreign workers shall be subject to expatriate
    charges, labour laws and regulations (Tullao,
    2007 16).
  • Tunisia where a limitation mentions that foreign
    workers shall benefit from social security and
    health care.

15
Labour Regulation (III)
  • The provision allows for differential treatment
    of workers performing similar jobs in the same
    country and probably in the same enterprise.
  • This is an infringement of the fundamental
    principle of equality and non-discrimination
    established in international labour law. The
    principle is also a cornerstone of international
    human rights law.
  • Under a contract service supplier, an
    individual worker in a factory or field is a
    service provider, covered by Mode 4. In contrast,
    his/ her directly employed colleague is an
    industrial or agricultural worker producing
    goods. This is also a basis for differential
    access and treatment.

16
Labour Regulation and Equality
  • Equality and non-discrimination in international
    labour law
  • ILO Declaration of Fundamental Principles and
    Rights (1998)
  • - Freedom of association and right to collective
    bargaining.
  • - The elimination of forced and compulsory
    labour.
  • - The abolitions of child labour.
  • - The elimination of discrimination in work
    place (Conventions Nos. 100 and 111).

17
Labour Regulation and Equality (II)
  • ILO Fundamental Conventions
  • - Equal Remuneration Convention, 1951 (No. 100)
    (164 ratifications to date).
  • - Discrimination (Employment and Occupation)
    Convention, 1958 (no. 111) (166 ratifications to
    date).
  • ILO Migrant Workers Conventions Nos. 97 and 143
  • - Equality of treatment between national and
    migrant workers.

18
Labour Regulation and Equality (III)
  • The principle of equality and non-discrimination
    is important
  • for the protection and working conditions of
    workers labouring in foreign countries, in a
    world constituted by nation-states where rights
    naturally derive from citizenship.
  • for preserving the competitiveness of national
    workers in their countries labour markets by not
    undercutting the cost of their labour.
  • In other cases for national workers not to work
    under less favourable terms and conditions than
    foreign workers.

19
Labour Regulation and Equality (IV)
  • Equality and non-discrimination are therefore
    essential for cohesive non-conflictual relations
    between national and foreign workers, and for
    economic and social stability in the receiving
    country.

20
Labour Regulation and Equality (V)
  • The need for differential treatment is doubtful
  • In industrialized countries, demand for labour is
    prompted by ageing and dwindling labour forces.
    In any case, commitments are only made for
    occupations where agreement on demand exists.
  • In developing countries, demand for labour is
    prompted by needs for skills and for furthering
    growth and development.

21
Conclusions Labour Mobility for Development- the
ILO Approach
  • The ILO Multilateral Framework for Labour
    Migration is a set of non-binding principles and
    guidelines for the formulation and application of
    labour migration policies.
  • It addresses labour mobility with a view to
    contributing to development in both countries of
    origin and destination under Section IV. It sets
    a principle and provides guidelines on how to
    promote labour mobility.
  • Section IV Effective Management of Labour
    Migration
  • Principle 5 Expanding avenues for regular
    labour migration should be considering, taking
    into account labour market needs and demographic
    trends.

22
Conclusions Labour Mobility for Development- the
ILO Approach (II)
  • Guidelines include
  • Establishing systems for periodic, objective
    labour market analyses That take into account
    gender issues and that include
  • Sectoral, occupational and regional dimensions of
    labour shortages and their causes, and relevant
    issues of labour supply
  • Shortages of skilled workers in both origin and
    destination countries, including in the public,
    health and education sectors
  • Long-term impact of demographic trends,
    especially ageing and population growth, on the
    demand for and supply of labour.
  • Establishing transparent policies for admission,
    employment and residence of migrant workers.

23
Conclusions Labour Mobility for Development- the
ILO Approach (III)
  • Establishing policies and procedures to
    facilitate the movement of migrant workers
    through bilateral, regional or multilateral
    agreements.
  • Promoting labour mobility within regional
    integration schemes.
  • Ensuring that temporary work schemes respond to
    established labour market needs and that these
    respect the principle of equal treatment between
    migrant and national workers.

24
Conclusions Labour Mobility for Development- the
ILO Approach (IV)
  • Providing labour ministries with a key role in
    policy formulation, elaboration, management and
    administration of labour migration to ensure that
    labour and employment policy considerations are
    taken into account.
  • Establishing a mechanism to ensure coordination
    and consultation among all ministries,
    authorities and bodies involved with labour
    migration.
  • Establishing tripartite procedures to ensure that
    employers and workers organisations are
    consulted on labour migration issues and their
    views taken into account.

25
  • Thank you for your kind attention.
About PowerShow.com