Events in the international community

United Nations General Assembly

58th Session, New York, 2003

Statement by John Langmore,
Representative to the United Nations and Director, ILO Office for the United Nations, New York

Migration is an especially important issue for the International Forum for Social Development to address. The seminar is particularly timely too, because of the increasing extent of international migration, the intensity of national debate about the subject in many countries and the political importance of clarifying national policies and strengthening the regime of international cooperation.

These comments will briefly address four of the issues outlined for this session in the perceptive background discussion paper: the risks facing migrants; policies for enhancing successful migration and integration; and factors contributing to the effectiveness of such policies. Time limits force these comments to be brief.

1. Risks faced by migrants

Most migrants face risks of discrimination, exploitation and poverty. Clandestine and undocumented migrants who have no legal status are especially vulnerable to exploitation in every area of life - employment, housing and access to community and social services, for example. But all migrants risk discrimination and inequity and here are a few examples:

• The global trend towards more "flexible" forms of employment, including the increasing share of employment accounted for by labour contractors and sub-contractors, increases potential insecurity. It has become much more difficult to establish employer responsibilities under contracting arrangements for the provision of labour. In agriculture, for example, farmers in some receiving countries commonly deal only with gang masters who provide the needed labour, most of whom are foreign workers, during peak periods in the agricultural cycle.
• The declining proportion of workers who are covered by collectively bargained agreements reflects the weakening of trade unions in some countries. Collective agreements used to establish the minimum standards for wages of workers, nationals and non-nationals alike in industries and trades where legal minimum wages are not set by law. Without them foreign workers are much less able to negotiate for better wages and other terms and conditions of employment.
• Migrant workers often face various forms of discrimination in employment. ILO research in a number of countries has found that one in three migrant workers was discriminated against when applying for a job. Studies have indicated that such discrimination at the recruitment stage results in highly qualified people doing relatively menial jobs. Migrants commonly perform jobs that national workers are reluctant to undertake, those which are unskilled or menial, arduous or dangerous.
• Once they have found a job, they often suffer further discrimination: being paid substantially less than nationals; have less chance of advancement or promotion; and being less certain of retaining their jobs - often acting as an employer's "buffer" stock. For example, another ILO study of workers of Turkish origin in several European countries showed that they had much higher rates of unemployment than the population average in each country. Women workers suffer double discrimination.
• The same study also concluded that pupils of Turkish origin had lower than average levels of educational achievement. To varying extents in different countries, migrants commonly have greater difficulty in access to services. However, this is not universally true: countries of major immigration are more likely to aim for equal access.

It is worth noting that discrimination is not only a problem for the individual who suffers from it. Societies and employers lose the benefit of full utilization of the potential of individual migrants, as they are not using the full potential of the human resources available and therefore neither maximizing production nor minimizing costs. Employers could avoid this competitive disadvantage by recognizing the skills of migrants at the recruitment stage and by discouraging discrimination, encouraging teamwork, lower absenteeism and higher morale. In addition, migrants and ethnic minorities are members of increasingly large communities who wield considerable market influence as consumers (and political influence as voters.) The employer of a multi-ethnic workforce is more likely to attract talented job applicants.

Whether the risks for migrants are increasing is difficult to discern and varies from one country to another. The bi-modal character of migration flows - higher rates of growth of both highly skilled and unskilled migration - suggests that there will be many at the bottom who will become victims and some on the top who will do very well. The growth of undocumented migration seems likely to continue, and with it, perhaps even more restrictive policies. This may well swell the ranks of the poor.

2. Policies for enhancing effective migration

An overall commitment to multiculturalism provides a context for effective, fair integration of migrants. Perhaps the most important requirement is that immigrants receive immediate residence status and have relatively quick access to citizenship or at least citizen-like legal status. This promotes not only the security of migrants but also security for society and so national security.

Active settlement services are of great value - orientation programmes, language training, access to housing, health care, employment training, community relations programmes, provision of social security and anti-discrimination legislation and public education.

The objective of the four main ILO instruments – Conventions Nos. 97 and 143 and Recommendations 86 and 151 – is the elimination of discrimination in employment and living conditions to which migrants are exposed. The instruments differ in their approach: C.97 and R.86 proscribe inequality of treatment principally arising out of action by public authorities; C.143 and R.151 aim in addition to promote equality of opportunity and eliminate discrimination in practice. The International Labour Conference had two aims when adopting instruments on migrant workers: first, to regulate the conditions in which the migration process take place; and second, to provide specific protection for a vulnerable category of workers. ILO standards aim at equality of treatment between nationals and non-nationals.

Examples of ILO standards that provide guidance to Members on developing social policy to ensure integration of migrants:

• Article 12(e) of Convention 143 states that Members should formulate a social policy enabling migrant workers and their families to share in advantages enjoyed by nationals while taking into account their special needs without affecting the principle of equal opportunity.
• Scope of family reunification for permanent migrants (Recommendation 86) with a definition of the family that includes spouse and dependent children, mother and father and `favourable consideration' to other family members.
• Health and safety provisions at work for migrant workers in a language they understand. Recommendation 151 identifies three types of special risks: conditions suffered by migrants in their country of origin; disorders contracted in the host country due to poor immunity; and physical and psychological disorders peculiar to adaptation to a new environment. Migrant workers are often employed in seasonal agricultural or factory work with hazardous working conditions and lower pay. Occupations primarily undertaken by migrants tend not to attract large investments in health and safety at the workplace.
• Social services provided by government or NGOs: Recommendation 151 suggests assistance with administrative and other formalities, interpretation and translation services and in making use of transport and recreation.
• Education has a major role in integration of migrant children and teenagers (Recommendation 86). Recommendation 151 states that learning the language of the receiving country should be made possible during paid work time. Affirmative action arrangements for education can well be justified as it can too in other areas.
• Preservation of cultural identity: Article 12 of Convention 143 states that “each Member should take all steps to assist and encourage efforts of migrant workers and their families to preserve their national and ethnic identity”. Most governments do not report problems with implementing this provision although a few report ensuring teaching of migrant children in their mother tongue.
• ILO Recommendation 151 encourages Members to formulate a coherent policy for migration for employment based upon the “economic and social needs of both countries of origin and countries of employment” taking into account short manpower needs but also long term consequences for migrants and the receiving population.
• One of the essential elements of such a policy is recognition of educational, trade and professional qualifications and experience. Work is at the centre of a person's identity. Article 14 of Convention 143 specifically recommends that Members make regulations concerning recognition of occupational qualifications outside its territory - but according to ILO reports received about implementation of this Convention, this is an area in which many countries have still not been able to act comprehensively. If a person's skills are not recognized (often due to protectionism among local professional groups) he or she will find it difficult to establish a satisfactory social identity. A medical doctor forced to drive a taxi due to failure to recognize her degree will find it almost impossible to integrate.
• Assistance with mobility to enable migrants to find jobs and locations where they can be most productive. Unfortunately some countries have policies towards refugees aimed at restricting mobility to discourage asylum seeking.
• Avoiding ghettoization: This is a complex problem since migrants are often forced by economic circumstances to live in areas with poor housing, such as abandoned inner cities, where they congregate because of the need for mutual support. More imaginative schemes for subsidizing housing to enable immigrants to live in normal local neighbourhoods would help. Governments should avoid segregating such projects just because government land is available for constructing low-cost housing.

The French experiments with “mentoring” young entrants to the workforce through arrangements whereby each one is personally assisted by an experienced native, seems to have worked well.

The ILO's instruments relating to all workers irrespective of citizenship are of application to migrant workers too, i.e. those relating to discrimination, forced labour, minimum wages, the right to organize, maternity leave etc.

Two sets of guidelines have been adopted by the ILO Governing Body aimed at preventing the abuse of particularly vulnerable migrant workers. The first set deal with special protective measures for migrant workers in time-bound activities, and the second covers measures for migrant workers recruited by private agencies. In addition, pattern and practice studies have been set up - these result from the ILO being requested to investigate allegations of persistent and widespread abuse of migrant workers. Allegations can originate from workers' or employers' organizations, but the procedure can also be triggered by a government requesting the Office's advice. The majority of the ILO's activities, however, are in technical assistance in the field, offering advice on the formulation of migration policies and legislation and how to manage migration flows effectively.

There are other standards which should not to be forgotten:

• The Universal Declaration of Human Rights specifies the equal treatment of all individuals regardless of colour, race etc.;
• The UN's International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which has now received its 20 ratifications and come into force;
• Regional instruments, such as the European Convention on Human Rights, European Convention on the Legal Status of Migrant Workers; African Charter on Human and Peoples' Rights; the Cairo Declaration on Human Rights in Islam.

Increasingly, many States are turning to bilateral agreements to regulate the most significant emigration and immigration flows, and the ILO has consistently commended the formulation of bilateral instruments as a means of managing migration flows more effectively. The annex to Recommendation 86 provides an elaborate model of a bilateral agreement. Employers' and workers' organizations have the greatest potential among NGOs in the field of employment of migrants.

For the ILO, the implementation of a policy of equal treatment represents not only a protective measure but also acts as a deterrent as it enables the cost of migrant labour to be maintained at or raised to a level that is equal to that of national labour.

3. Factors contributing to successful migration

Migration is no longer easily related to historical or colonial links (i.e. migration of Southeast Asians to the Gulf States). The cultural distance between some immigrants and their host societies has grown as globalization has stirred up greater mobility of populations and as technological change has reduced the cost of information and transportation. However, the more distant (culturally, linguistically, economically) the host and origin societies, the more difficult is the adjustment of the migrants.

Migrants have historically thrived in metropolitan centres, which serve as points of entry into new societies. Urban centres tend to display more open attitudes to foreigners and provide more possibilities for applying their skills to earn a livelihood. The urbanization of societies is therefore a facilitating factor.

Policies do make a difference. The successful integration of immigrants will be facilitated by immigration policies that do not put them in an ambivalent legal position. Countries of immigration that are able to provide immigrants with a sense of security with respect to the right to stay, to work, and to participate in public life tend to have more successful immigrants.

Successful integration will also depend on success with curbing racism and xenophobia. The growth of clandestine and illegal migration is making it easy for extremist political parties to push for restrictions.

Is there a relation between migration and the deterioration of working conditions throughout the world? While it is generally true that a trade-off exists between numbers and working conditions, there are some exceptions, albeit very few, which suggest that the deterioration of working conditions is not just due to numbers. In countries where the labour market is well-regulated, such as Germany, France, Canada, Norway and Australia, real wages have not deteriorated even with the growth in immigration. The impact of economic downturns has been absorbed by growing unemployment among unskilled natives and earlier migrants.

The widely observed deterioration of real wages of the less skilled workforce in many industrialized countries has been well studied, and the common conclusion reached is that it is primarily the result of technological change. Technology change has a bias in favour of increased demand for labour with tertiary education and post-secondary training and the more highly skilled. Increased imports of labour-intensive products (which have the same effect as importing labour) also explains part of the downward pressure on unskilled wages in the industrialized regions.

4. Future prospects: are migratory movements likely to become increasingly short-term?

State policies are indeed commonly though not universally headed towards admission of foreign workers for short periods of time. Temporary guest worker programmes are again growing in number and dimensions in Europe, and in Asia the growth of migration over the past two decades has been almost wholly in the form of short-term contract labour. Whether or not settlement will ultimately follow will depend on the policies adopted, including those that provide attractive incentives for return. The reality however is that employers eventually become dependent on foreign workers in labour-short countries - not only because of lower wages but also because native workers tend to have a higher turnover. Since employers often constitute powerful lobby groups it is not surprising that they press for changes in immigration law that allow for extensions.

For the individual migrants, working abroad may be under the auspices of short-period work contracts, but they may in fact be away for long periods of time because they work in several countries.

To conclude, one of the lessons of the countries where migration programmes have led to the most successful integration is that they should be at a pace that enables the migrants to be effectively included in the receiving society. Some research suggests that this can be at a rate of the order of about one per cent of the population a year. Such a rule of thumb has to be adapted to the situation and characteristics of each society as required. It is probably true that societies that facilitate migration in a way that takes account of the needs of both migrants and the absorptive capacity of the societies to which they are moving will be most successful in integrating and creating a secure environment for migrants.