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Meeting The Challenges of Migration: Progress Since The Icpd

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73 views98 pages

Meeting The Challenges of Migration: Progress Since The Icpd

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cyken
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© © All Rights Reserved
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MEETING THE CHALLENGES

OF MIGRATION
PROGRESS SINCE THE ICPD
©ICRC
MEETING THE CHALLENGES
OF MIGRATION
PROGRESS SINCE THE ICPD
Meeting the Challenges of Migration

Foreword

In 1994, 179 countries gathered in Cairo, Egypt policy challenges for governments and the inter-
for the International Conference on Population national community. The increasing importance
and Development (ICPD), organized by the of migration is evident on several levels. The
United Nations Population Fund (UNFPA) and number of people migrating is rising, and has
the Population Division of the United Nations reached an all time high. At the international
Secretariat (UNPD). The Programme of Action level, 175 million persons are estimated to be
of the International Conference on Population living outside their country of origin. This num-
and Development (ICPD PoA) constituted a ber is expected to grow as migration pressures,
landmark achievement, setting out a 20-year, created by the development gaps between poor
progressive action plan and creating a com- and rich countries and fuelled by the process of
prehensive basis for national and international globalization and demographic dynamics, will
action on population and development issues, result in further migration. Wars and violence
including internal and international migration. continue to displace persons across borders
These topics are discussed in Chapters IX and and within their own countries. Also, internal
X, respectively, of the action plan. During the 10 migration from rural to urban settings is evident
years that have transpired since governments in the explosive growth of major cities across the
committed themselves to the ambitious goals globe, with implications for urban environments,
set out in the ICPD PoA, significant develop- development and poverty.
ments have occurred in the field of migration.
The 10th anniversary of the Cairo Conference, Over the past decade, national and international
the mid-point of the 20 year ICPD PoA, thus responses to the growing challenges of migra-
constitutes an ideal moment to take stock of tion have been making important headway.
these developments and identify future chal- Notably, migration is more systematically being
lenges in terms of migration policy development incorporated into the development agendas of
and related activities. This publication— Meeting international and national actors. The global
the Challenges of Migration: Progress Since the development agenda, adopted in the form of
ICPD —prepared by the International Migration the Millennium Development Goals (MDGs)
Policy Programme (IMP) in collaboration with in 2001, builds on the ICPD PoA. Increasingly,
UNFPA, offers an overview of these develop- efforts aimed at achieving the MDGs and the
ments and future challenges. ICPD PoA embrace migration as a development
force, not a development failure, and govern-
As noted at the Cairo Conference, 10 years ago, ments and other actors are focusing attention
migration, both internal and international, has on how to maximize development benefits of
important implications in terms of poverty, deve- migration. International efforts to enhance pro-
lopment, demographic and gender dynamics, na- tection of migrants have also yielded results
tional and international security and inter-State with the adoption and entry into force of new
relations. It presents complex and interlinked conventions on the rights of migrant workers

2
Foreword

and in the context of human trafficking and countries exhibit characteristics of origin, transit
smuggling; the elaboration of international stan- and destination for migrants, so too do they
dards for protection and assistance for Internally share more synergies and a greater desire to
Displaced Persons (IDPs) also have received strengthen their cooperation and collaboration
universal endorsement. The United Nations’ in this field.
focus on inter-linkages between human habitat
management, gender, anti-racism, health and Through this joint publication, IMP and UNFPA
environment reflects the growing understanding are providing readers with an overview—in an ac-
of the important relationship between migration cessible and user-friendly manner—of the salient
and environment, poverty and development. developments in migration, primarily international
Lastly, the recent establishment of the Global migration, since the adoption of the ICPD PoA
Commission on International Migration (GCIM) 10 years ago. It also points to some of the chal-
is a reflection of the determination of migrant lenges ahead in the coming years. In doing so, it
origin, transit and destination countries, the draws on migration-related findings described in
United Nations and other concerned institutions, the UNFPA Report, Investing in People: National
to enhance international governance of migra- Progress in Implementing the ICPD Programme
tion and to develop new, innovative responses of Action 1994-2004, the results of which are
to the complex challenges that migration cur- based on the 2003 Global Survey sent to 187
rently poses to the international community. On countries to assess progress on all ICPD PoA
9 December 2003, at the launch of the GCIM, recommendations since 1994. Meeting the
the UN Secretary-General expressed his vision Challenges of Migration: Progress Since the
for the international community’s outlook on mi- ICPD goes into greater depth on migration de-
gration when he stated that “win-win outcomes velopments focusing on: migration trends; migra-
are possible, if we approach this issue rationally, tion policy developments; migration and develop-
creatively, compassionately and cooperatively.” ment; migration and human rights; economic
migration; refugee protection; human trafficking;
Meeting the Challenges of Migration: Progress internal migration; and migration data.
Since the ICPD draws in part from the activities
and experiences of IMP—an inter-agency acti- Meeting the Challenges of Migration: Progress
vity of UNFPA, the United Nations Institute for Since the ICPD is by no means an exhaustive
Training and Research (UNITAR), the Interna- study nor does it pretend, by this limited volume,
tional Organization for Migration (IOM) and the to explore the depths of the topics covered.
International Labour Organization (ILO), and Rather, it draws out a select number of migration
implemented in collaboration with the United issues where considerable developments have
Nations High Commissioner for Refugees (UN- occurred since 1994. Meeting the Challenges
HCR) and other global and regional bodies. Since of Migration: Progress Since the ICPD should
1998, IMP has facilitated migration and refugee be of interest to migration practitioners and
policy capacity building for government officials academics but also to others working on in-
in developing regions. Recognized by the UN Ge- ternational issues affecting and/or affected by
neral Assembly (UNGA) for its work in this area, human mobility.
IMP has gathered a wealth of knowledge mainly
from developing regions’ perspectives. This pub- Dr. Rolf K. Jenny Dr. Thoraya Obaid
lication draws on this source of information, and Director Under-Secretary-General
International Migration Executive Director
more specifically reflects on migration priorities Policy Programme (IMP) United Nations Population
shared by all countries. It contends that as more Fund (UNFPA)

3
Meeting the Challenges of Migration

Acknowledgements

This publication, Meeting the Challenges of provided early support and guidance. Feedback
Migration: Progress Since the ICPD was made was also generously offered by Erik Palstra and
possible with the generous financial support of his colleagues, UNFPA Geneva.
UNFPA. It also is the result of experience ga-
thered by IMP staff over the years in its work Authors and contributors to this publication
with governments, international organizations, include: Colleen Thouez, Boris Wijkström,
regional bodies, civil society and others dedi- Gina Vea, Richard Gee, Daniel Jacquerioz, Liv
cated to migration issues. Halperin, Ibrahima Amadou Dia, Frédérique
Channac, Laura Barnett, Daniel Cohn, Aspasia
This publication is the fruit of collaboration with Papadopoulou, Alessandra Roversi, Bautista
a number of migration researchers and practi- Logioco, and Rebekah Alys Lowri Thomas.
tioners, who generously contributed their time,
effort and expertise towards making this publi- The publication also benefited from the support
cation a reality. and input of Mari Simonen and François Farah,
UNFPA New York.
The principal coordinator of this project was
Colleen Thouez, Senior Programme Officer, Additional support was provided by those res-
IMP, with the overall leadership of Rolf K. Jenny, ponsible for the administrative, editorial and
Director, IMP. Invaluable input and assistance publishing aspects: STLDESIGN • Estelle Hofer,
was received by Ann Pawliczko, UNFPA New Laura Fähndrich, Christian Delsol, Lorena
York, and Kourtoum Nacro, UNFPA New York, Duharte, and Katherine Reider.

4
Table of Contents

Table of Contents

Foreword 2 5. Economic Migration 48


Acknowledgements 4 Who Moves and Why 49
Table of Contents 5 Weighing the Benefits of Mobility 50
“Managing” Economic Migration 51
List of Acronyms 7
Migrant Wokers Rights 56
Executive Summary 8 Migration, Social Cohesion and Diversity 57

1. Trends in Migration 12 6. Refugee Protection 58


Figures 12
The International Protection Regime 58
Growing Scope and Complexity 12
Challenges to Ensuring Protection 61
Women Migrants 13
Protracted Refugee Situations 61
Demographic Shifts 14
Strategies to Address 63
“Migration/Asylum Nexus:” 15
Protracted Refugee Situations
Flows of Refugees and Migrants
Vulnerable Groups 64
Irregular Migration 16
Smuggling and Trafficking 16
Migration and Health 17 7. Human Trafficking 68
Causes of Trafficking 69
Combating Trafficking 70
2. Developments in Migration Policy 18
National, Regional and International 18
National 18 8. Internal Migration 74
Regional 21 Urbanization 75
International 21 Environment and Migration 77
Development-Induced Migration 78
Conflict-Induced Migration 78
3. Migration and Development 28
Protection for IDPs 80
Migrant Remittances 30
Poverty and Development Impacts 31
“Brain Drain” 34 9. Migration Data 82
Obstacles to Collection, Analysis 83
and Exchange
4. Human Rights of Migrants 40
Migration Data and Research 86
Growing International Attention 40
Civil Society 42
Vulnerability of Migrants 43 10. Conclusion 88
Women Migrants 44
Human Rights and National Security 44
International Human Rights Architecture 45
Meeting the Challenges of Migration
“Screening Identity Documents” ©ICRC

6
List of Acronyms

List of Acronyms

AU African Union IMILA Investigation of International Migration in Latin America


AIDS Acquired Immunodeficiency Syndrome IMP International Migration Policy Programme
APC Inter-Governmental Asia-Pacific Consultations on INGOs International Non-governmental Organizations
Refugees and Displaced Persons IOM International Organization for Migration
CDC Centers for Disease Control and Prevention IT Information Technology
CAT Convention Against Torture and Other Cruel Inhuman MDGs Millennium Development Goals
and Degrading Treatment or Punishment MIDA Migration for Development in Africa
CEDAW Convention on the Elimination of All Forms of MIDSA Migration Dialogue for Southern Africa
Discrimination Against Women MPRP Migration Policy and Research Programme
CELADE Latin American and Caribbean Demographic Centre MRI Migrants Rights International
CEMAC Central African Economic and Monetary Community MPR Migration Policy Research
CIP Comprehensive Implementation Plan MWC International Convention on the Protection of the Rights
CIS Commonwealth of Independent States of All Migrant Workers and Members of Their Families
CRC Convention on the Rights of the Child NAFTA North American Free Trade Agreement
CRS Country Reporting System NATO North Atlantic Treaty Organization
CSOs Civil Society Organizations NEPAD New Partnership for Africa’s Development
DDA Doha Development Agenda NGO Non-governmental organization
DYB UN Demographic Yearbook NRC Norwegian Refugee Council
ECE Economic Commission for Europe OAU Organization of African Unity
ECLAC Economic Commission for Latin America and the Caribbean OCHA UN Office for the Coordination of Humanitarian Affairs
EEA European Economic Area ODA Official Development Assistance
ECOWAS Economic Community of West African States OECD Organization for Economic Co-operation and Development
EFTA European Free Trade Areas PARinAC Partnership in Action Programme between NGOs and
ESCWA Economic and Social Commission for Western Asia UNHCR
EU European Union RET Foundation for the Refugee Education Trust
FAM The Project on the Future of Asylum and Migration RCPM Regional Consultative Processes on Migration
FAO Food and Agriculture Organization RH Reproductive Health
FDI Foreign Direct Investment RQAN Return of Qualified African Nationals Programme
FP Family Planning SADC Southern African Development Community
GATS General Agreement on Trade in Services SARS Severe Acute Respiratory Syndrome
GCIM Global Commission on International Migration SID Society for International Development
GDP Gross Domestic Product STDs Sexually Transmitted Diseases
HIV Human Immunodeficiency Syndrome STIs Sexually Transmitted Infections
HTAs Home Town Associations UDHR Universal Declaration of Human Rights
ICESCR International Covenant on Economic, Social UNCTAD United Nations Conference on Trade and Development
and Cultural Rights UK United Kingdom
ICCPR International Covenant on Civil and Political Rights UN United Nations
ICERD International Convention on the Elimination of UNAIDS Joint United Nations Programme on HIV/AIDS
All Forms of Racial Discrimination UNEP United Nations Environment Programme
ICMC International Catholic Migration Commission UNFPA United Nations Population Fund
ICPD International Conference on Population and Development UNGA United Nations General Assembly
ICPD+5 The five-year review of ICPD UN-Habitat UN Human Settlements Programme
ICPD PoA The Programme of Action of the International UNHCR United Nations High Commissioner for Refugees
Conference on Population and Development UNHCHR United Nations High Commissioner for Human Rights
ICRC International Committee of the Red Cross UNITAR United Nations Institute for Training and Research
ICVA International Council of Voluntary Agencies UNPD United Nations Population Division
IDP Internally Displaced Person UNSD United Nations Statistics Division
IFAD International Fund for Agricultural Development US United States
IGC Inter-governmental Consultations on Asylum, Refugees USD United States Dollars
and Migration Policies in Europe, North America and WCAR World Conference Against Racism, Racial
Australia Discrimination, Xenophobia and Related Intolerance
ILC International Labour Conference WHO World Health Organization
ILO International Labour Organization WOCCU World Council of Credit Unions
IMF International Monetary Fund WTO World Trade Organization

7
Meeting the Challenges of Migration

Executive Summary

The migration landscape has changed quite systems (policy and capacities) of countries at
dramatically since 1994. Exacerbated dispari- the national level. Some noteworthy develop-
ties between the North and South, an expanding ments over the past decade include many
global economy, geopolitical transformations, countries establishing migration systems with
wars, ecological disasters, and many other oc- legislation, structures and cooperative arrange-
currences, have had and continue to have a ments on migration; an abundance of regional
profound impact on people and on their choices consultative fora for inter-governmental discus-
to stay at home or to go abroad. Today, it is sions on migration; and international initiatives
estimated that 175 million people live outside undertaken by organizations, governments and
their country of birth. Some of the current trends civil society to strengthen cooperation and un-
in migration are described in Chapter 1. And, derstanding of migration issues.
though the figure seems relatively insignificant,
constituting just 3 per cent of the world’s popu- An important milestone at ICPD was the recogni-
lation, the field of migration has nevertheless tion that migration can in fact assist countries in
taken on significant importance since the ICPD. forwarding their development agenda. Since that
time, the link between migration and develop-
ment has been an important focus of research
«given the fact that countries are and policy discussion. Chapter 3 concentrates
on the contemporary debate underpinning the
facing a growing set of common relationship between migration and development.
migration priorities, emphasis is In particular, it reviews the costs and benefits of
migrating for development such as the impact of
placed on encouraging cooperation remittances on poverty and development, and
at all levels including between and brain drain or the exodus of skilled profession-
als. What is commonly referred to as “resourcing
within countries» the diaspora” is described in Chapter 3 as more

As a result, there is a growing interest from


governments, organizations, civil society, the pri-
vate sector and many other groups affected by
migration, to look further into how the benefits
of migration can be maximized, while minimiz-
ing negative effects. Chapter 2 looks into cur-
“At Play” ©Liv Halperin

rent stages of migration policy development


based on regional and international initiatives
to strengthen dialogue and understanding in
this field. It also takes a preliminary look at the
impact that such efforts are having on migration

8
Executive Summary

“Spinning Wool” ©Liv Halperin


attention is being drawn to considering creative
ways that migrants can contribute to develop-
ment in their countries of origin. Chapter 3 points
to an important consideration when looking at
the “migration/development nexus,” one that is
becoming increasingly relevant in this decade.
This is to ensure that migration does not replace
governments’ dedication to generating employ-
ment opportunities at home so that nationals are
not obliged to go abroad in order to be able to
sustain their livelihoods and that of their families.

A driving impetus for strengthened governance


in this field is the protection of migrants’ rights.
Chapter 4 looks into the particular vulnera-
bilities faced by migrants, which today still
resemble those identified in 1994. These Labour migrants constitute the fastest growing
include discrimination in the workplace, sub- group of migrants in the world currently esti-
jugation to racism and xenophobia, problems mated at 86 million. Since the beginning of time,
with integration, and the particular challenges people have moved to improve economic condi-
of migrants with an irregular or undocumented tions for themselves and their families. Chapter
status. Migrants are more susceptible to health 5 describes how, today, more than ever, this
risks, but also less likely to have access to ade- holds true for women as well. Despite the fact
quate medical attention. Chapter 4 highlights that the gender dimension is often overlooked
the successful campaign to ratify the Migrant from policy making, the feminization of migration
Workers Convention (MWC) which came into means that many issues which are unique to fe-
effect in 2003, and which focuses on the rights male migrants also must be considered. Chapter
of documented and undocumented migrants. 5 also looks at different regional models of hu-
While considered a major achievement, this in- man mobility. It describes how encouraging eco-
strument enjoys a limited support base amongst nomic migration through regulated agreements
countries where migrants work. Chapter 4 also can work towards protecting migrants’ rights. In
outlines other instruments forming part of the addition, Chapter 5 explores how integrating mi-
international human rights architecture that grants often takes various forms from full assimi-
make explicit or implicit references to the rights lation to promotion of cultural diversity. It looks
of non-nationals. Underpinning these instru- at how political, social and cultural variables can
ments is their universality—they are applicable assist with the integration of migrants, but these
to all human beings regardless of their status in can also cause strain and lead to negative ima-
a particular society. ges of migrants.

9
Meeting the Challenges of Migration

Refugees are a separate category of people as victims in need of protection is internationally


who are entitled to international protection as recognized since 2000 with the UN Trafficking
a result of the persecution that they face in Protocol, trafficking victims often do not receive
their home country, persecution which is based the treatment to which they are entitled. Broadly,
on specific criteria, according to Article 1 (2) of a three-pronged approach to counter trafficking
the Geneva Convention Relating to the Status is being adopted in most countries. As explained
of Refugees (1951): “race, religion, nationali- in Chapter 7, these prongs consist of: preven-
ty, membership of a particular social group or tion of trafficking; protection of victims of traf-
political opinion.” Chapter 6 describes the ma- ficking; and prosecution of traffickers and their
jor effort to strengthen international protection accomplices.
for refugees through UNHCR’s launch of the
Global Consultations on International Protection Internal migration has received scant interna-
in 2000. Its outcome, in the form of the Agenda tional attention, as it is considered an area of
for Protection (2002), seeks new ways to en- national interest. This is despite the fact that
sure refugee protection and to find durable the number of internal migrants outweighs in-
solutions to refugees’ plight, emphasizing in part ternational migrants. Further, movements from
the need for multilateral approaches. The agree- rural to urban areas have a dramatic impact on
ments to be reached, based on the principles es- all aspects of life, and create major concerns in
tablished in the Agenda for Protection, build on the areas of basic services, such as health-care
the Refugee Convention of 1951. As described and education—all of which affect the welfare
in Chapter 6 , these are intended to address cur- of internal migrants in particular women and
rent refugee challenges such as protracted refu- children. Internal migration is a result of a variety
gee situations and the “migration/asylum nexus.” of causes. Often, it is voluntarily or economically
This chapter also highlights the particular needs based. However, it can also be involuntary gene-
of women, children and elderly refugees. rally due to one or a combination of the causes
touched upon in Chapter 8 : environment-, de-
velopment- and conflict-induced migration. For
«Since the beginning of time, people those facing involuntary displacement, they have
have moved to improve economic no choice but to leave their dwellings and com-
munities behind, which can cause intolerable
conditions for themselves and levels of hardship. As described in Chapter 8 ,
a major achievement in the field of protecting
their families» IDPs that has come about since ICPD is the de-
velopment and promotion of Guiding Principles
An acute migration-related concern is the plight on Internal Displacement (1998), which esta-
of (international) trafficking victims. Due to the blish standards of protection for IDPs.
elusive nature of this international crime, traffick-
ing figures are hard to obtain. Estimates suggest Finally, in order to gain greater understanding of
that half a million people become victims of in- migration’s causes and consequences, its parti-
ternational trafficking each year. Chapter 7 des- cular inter-play with development and with other
cribes the principal causes of trafficking, which international issues, adequate migration data
apply across the globe: poverty, war and the are essential. Chapter 9 describes some of the
status of women and girls in society. Trafficking challenges to collecting, analyzing and dissemi-
causes major psychological trauma and physical nating timely and reliable data on migration. One
damage. While the status of trafficked persons challenge is the differing definitions for specific

10
Executive Summary

categories of migrants, which often results in Chapter 10 concludes with remarks on the most
comparisons between “apples and oranges.” The salient developments since 1994. It highlights
United Nations Population Division (UNPD) and the progress and points to certain directions to
the United Nations Statistics Division (UNSD) ensure that progress is sustained and furthered.
are making important contributions in this re- In particular, given the fact that countries are fa-
gard beginning with the Recommendations on cing a growing set of common migration priori-
Statistics of International Migration, Revision 1 ties, emphasis is placed on encouraging coop-
(1998), which consist in a firm attempt to deve- eration at all levels including between and within
lop common definitions for specific migrant cate- countries. Ironically, the latter can sometimes be
gories. The Reccommendations also serve as a more or equally difficult to achieve. Chapter 10
training tool for governments and, in particular, also identifies constraints to meeting the chal-
national statistics offices containing information lenges of migration. The element of political will,
on statistics and statistic resources. Chapter both a constraint but also a key facilitator for
9 also gives an overview of developments in progress, is discussed.
the field of migration research, an area which
has grown in interest in parallel with the field’s
prominence on the international scene.

“Young Afghan Workers” ©Jörgen Sandstrom

11
Meeting the Challenges of Migration

1. Trends in Migration

Since the Cairo Conference, much has hap- Figures


pened in the world to influence migration
patterns and recast the environment in which All of these factors are affecting human mobi-
people migrate. After several years of uninter- lity. Between 1990 and 2000, the number of
rupted prosperity, profound economic crises migrants in the world increased by 14 per cent,
hit the economies of East Asia in 1997-1998, and the 175 million migrants in the world are
followed by the United States (US) in 2001, and projected to reach 230 million by 2050. While
Europe soon thereafter. From the mid 1990s South-South migration persists, more migrants
onward, the global community has suffered from are moving from developing to developed
the repercussions of extraordinary humanitarian regions with an annual average of 2.4 million
crises and emerging threats to global security. migrants moving from the less developed to the
more developed areas. Currently, 60 per cent
of migrants live in the more developed regions,
«States are exhibiting the where migrants make up almost one in every 10
characteristics of countries of persons. By contrast, migrants make up nearly
one of every 70 persons in developing regions.2
origin, transit and destination with
implications on how they perceive Due to marked differences in fertility rates
between North and South, migrants as a per-
and address migration issues» centage of the total population growth vary
considerably between more developed and less
Millions of individuals have been indiscriminately developed regions. Migrants represent 3 per
slaughtered, raped, brutalized and displaced due cent of the overall population growth of the less
to conflicts around the world, including those developed regions, but 56 per cent of the overall
in Rwanda, Timor-Leste, Kosovo, Sierra Leone, population increase in the more developed re-
Sudan, Burundi, Congo, Afghanistan, Iraq and gions during the same period. Between 1990
the occupied territories of the ongoing Israel- and 2000, net immigrants represented 89 per
Palestinian conflict. In addition, one set of events, cent of the population increase in Europe.3
the terrorist attacks in the US on 11 September,
2001, have led to a tightening of immigration Growing Scope and Complexity
laws, particularly in the US, and a renewed skep-
ticism towards migrants. Furthermore, the migra- The effects of the globalization process facili-
tion debate has increasingly been influenced by tate human mobility by providing easy access to
what is termed the “demographic deficit” due to information about life and opportunities abroad,
many countries’ fertility rates having dipped so low cost travel, and quick communication with
low that deaths exceed births, and resulting in a diaspora family members. More countries are
declining labour force and a threat to long-term affected by migration than had been in the past.
economic productivity.1 In addition, migration patterns are more complex.

12
1. Trends in Migration

It is no longer possible to draw a simple trajec- to the ILO, women now constitute more than
tory between points of departure and arrival of half of the migration population worldwide and
migrants or to classify countries and their migra- between 70 and 80 per cent of the migration
tion priorities into just one of these three cate- population in some countries. 4 While migration
gories; States are exhibiting the characteristics can lead to female empowerment this does not
of countries of origin, transit and destination with always occur. Women’s opportunities to migrate
implications in terms of how they perceive and legally have been more limited than men’s often
address migration issues. because legal, official recruitment efforts are
frequently aimed at male-dominated employ-
Women Migrants ment in construction and agriculture. Women
are more exposed to forced labour and sexual
There has been a steady increase of female mi- exploitation than men and also are more likely to
grants over the last five decades. According to accept precarious working conditions and poorly
the UNPD data, the stock of female migrants has paid work. They often work in gender-segre-
actually grown faster than the stock of male mi- gated and unregulated sectors of the economy,
grants in the most important receiving countries, such as domestic work and entertainment and
industrialized as well as developing. According sex industries.

Source: Zlotnik, Hania. “The Global Dimensions of Female Migration.” Paper presented at the
Migration Policy Institute (1 March 2003)

13
Meeting the Challenges of Migration

Demographic Shifts

With declining fertility rates and ageing popula- Southeast Asia are leading Europe as rapidly
tions in developed countries, there is greater ageing countries. Interacting with these demo-
demand for younger workers from abroad to graphic trends in the developed world are the
sustain their economies. The contrast can be population pressures and poverty of develop-
illustrated by the following example: popula- ing countries, which will add 700 million young
tion growth in the 15 Member States of the people to their labour force in the next decade.
European Union (EU) was 300,000 for 2003;
in India, it took just seven days for a similar
population increase of 294,000!5 In addition,
Japan and some of its neighbours in East and

Source: UN Department of Economic and Social Affairs Population Division. “World Population
Prospects: the 2002 Revision”

14
1. Trends in Migration

“Migration/Asylum Nexus:”
Flows of Refugees and Migrants
With increasingly restrictive immigration barriers, and Australia (IGC) countries versus UNHCR’s
some migrants are attempting to secure entry budget which was less than 1 billion USD and
and/or stay in a country by making recourse intended to cover the 17 million persons of con-
to asylum procedures, without fulfilling the cern to the Organization.6 A growing perception
conditions for refugee status or other forms that asylum systems are being abused is under-
of protection. Figures in 2003 indicate that 10 mining their ability to provide protection to those
billion United States dollars (USD) were spent for whom they are intended.
to process 400,000 asylum claims in Inter-gov-
ernmental Consultations on Asylum, Refugees
and Migration Policies in Europe, North America

Source: UN Department of Economic and Social Affairs Population Division. “International


Migration Report 2002,” and UNHCR. ”Statistics at a Glance 2003”

15
Meeting the Challenges of Migration

Irregular Migration
Although precise figures on irregular migra- trafficking are major criminal enterprises that
tion remain elusive, irregular migration, like fuel and enable irregular movement of persons,
legal migration, is on the rise. According to often with strong elements of exploitation and
IOM, people who have migrated without proper abuse. Such groups have thrived and have
authorization (i.e., without documents or with been able to create sophisticated channels of
false documents) account for one third to one irregular migration because of the demand for
half of new entrants into developed countries, illegal commodities. Until the entry into force of
which is an increase of 20 per cent over the the Convention against Transnational Organized
past 10 years.7 The actual number of migrants Crime in 2003, the sanctions for traffickers and
in an irregular situation within countries, which smugglers in human beings were low relative to
also includes those who entered legally but other forms of international criminal activity.
whose legal stay has expired, is equally difficult
to estimate. Estimates suggest that in the US, Smuggling and trafficking presently constitute
where the population totals approximately 294 the third largest source of profits, for international
million, 8 the total number of irregular migrants organized crime, behind drugs and guns. The U.S.
is as high as 12 million. The EU, home to ap- Department of State estimates that criminal
proximately 454 million, 9 is estimated to host organizations reap 9.5 billion USD in profits per
500,000 irregular migrants each year.10 year from trafficking and smuggling of persons
across international borders.11 According to re-
Smuggling and Trafficking cent estimates, between 600,000 and 800,000
persons are trafficked across borders annually.12
While irregular migration can and does occur The most likely victims of trafficking are women
without the aid of facilitators, smuggling and and children.
“On the Road to Work” ©Jörgen Sandstrom

16
1. Trends in Migration

Migration and Health


Increasing levels of migration have engendered and treatment programmes. Nevertheless, in-
a new focus on migrants’ health. Migrants can fectious diseases constitute a significant and
suffer from health and reproductive health (RH) growing threat, due in part to rapid and diverse
problems associated with nuclear disasters (ex. population movements and the lengthy incuba-
Chornobyl), or natural calamities such as earth- tion periods associated with some infectious
quakes, droughts and floods. Migrants also may diseases. For example, according to the World
be exposed to health risks relating to the migra- Health Organization (WHO), 2003 was marked
tion process; trafficking victims, for example of- by the largest number of countries with popu-
ten experience long-term physical and psycho- lations suffering from polio due to importation
logical afflictions. And, due to legal, procedural, of the disease, a phenomenon which trans-
linguistic and other barriers, migrants often face lated into costs exceeding 20 million USD in
difficulties in obtaining access to health ser- “emergency mop-up activities.”13 In addition,
vices (See Chapter 4 on Migration and Human there are significant and growing concerns
Rights). Moreover, “brain drain”, resulting in large related to migration and diseases such as,
numbers of health professionals emigrating, can Human Immunodeficiency Syndrome/Acquired
place detrimental pressures on national health- Immunodeficiency Syndrome (HIV/AIDS), tu-
care systems. berculosis, and hepatitis B, and diseases trans-
mitted through insects and animals such as the
Furthermore, a growing health concern relates West Nile virus and Mad Cow disease.
to the transmission of infectious diseases and
its relationship with human mobility. Many coun-
tries have been successful in containing and
eliminating diseases through strong detection

The Cost of SARS

Severe acute respiratory syndrome (SARS) is a recent example of an outbreak in one coun-
try that spread within weeks along the routes of international air travel to over 25 countries
and five continents. As a result, the WHO established SARS-related travel advice, requi-
ring travelers to postpone all but essential travel in affected areas, in order to protect global
public health and reduce further opportunities for the disease to spread internationally. There
are important lessons to be learned from this experience. Mismanagement of mobility and of
public health can do more than exacerbate a disease. The cost to societies can go beyond
health to affect trade, political relationships, financial loss in a global economy, decline of
tourism in affected regions, cancellation of major events, closure of schools and passengers
who exhibit generalized symptoms being denied from boarding an aircraft. SARS has de-
monstrated the importance of integrating global public health into a strategy of comprehen-
sive management of population mobility.

Source: IOM, WHO, and CDC - “Population Mobility and Health, The Case of SARS:
Lessons Learnt.” Seminar on Health and Migration, (9-11 June 2004).

17
Meeting the Challenges of Migration

2. Developments in Migration Policy:


National, Regional and International
Greater attention is being focused on inter- • At the regional level, almost all regions now
national migration and its effects on policy host or are in the process of establishing re-
development. This has been precipitated by a gional consultative fora on migration.
number of factors that have included, inter alia:
migration’s widening impact; the involvement of • At the international level, new initiatives have
a greater number of actors; growing recognition emerged that are yielding concrete results in
of migration’s mutual benefits; and its inter-link- strengthening countries’ dialogue, cooperation
ages with other issues. Migration policy remains and ultimately, their understanding of migration.
largely a matter of countries’ sovereign pre-
rogative. This notwithstanding, there is mount- National
ing consensus that strengthening international
co-ordination and cooperation in this area is In all parts of the world, countries have been
necessary, if not essential, to ensuring that the strengthening their migration “systems.” Such
benefits of migration are maximized. systems refer to States’: legislative base; na-
tional structures and personnel (i.e., technical
The ICPD PoA endorses this objective, “encoura- capacities); cooperation within ministries and
ging more cooperation and dialogue between between countries; and with other stakehold-
countries of origin and countries of destination ers including non-governmental organizations
in order to maximize the benefits of migration.” (NGOs), international organizations such as
In Cairo, governments recognized that effective IOM, ILO and UNHCR and regional bodies.
strategies for managing migration rely upon
a framework of complementary policies and In an on-going evaluation exercise undertaken
programmes at the national, regional, and inter- by IMP, with the financial support from UNFPA,
national levels. Further, Chapter XVI calls on na- IMP is able to track the progress of countries in
tional governments to “commit themselves at the given regions to implement recommendations
highest political level to achieving the goals and geared towards strengthening their migration
objectives” of the ICPD PoA and to “take the lead capacities. Since 2002, IMP’s “Country Re-
role in coordinating the implementation, monitor- porting System” (CRS) has been implemented
ing and evaluation of the follow-up actions…” in regions in Africa, Central Asia, and parts
of the Commonwealth of Independent States
A number of developments are occurring to (CIS)—countries whose migration systems are
strengthen countries’ migration policies at na- developing, yet could be described as being in a
tional, regional and international levels. Since nascent stage at the time of ICPD in 1994.
1994:
Progress in the development of migration sys-
• At the national level, migration systems have tems can be observed through governmental
been established and/or strengthened in reports in the context of the CRS. These have
most countries around the world. shown progress in the following areas:

18
2. Developments in Migration Policy

• Legislative developments such as accession Cooperation and Coordination: Legislation, struc-


to international instruments, adoption of na- tures and growing awareness of migration issues
tional legislation; also require greater coordination amongst the
• Establishment of new structures such as various ministries affected by migration: foreign
counter-trafficking units; affairs, labour, defense, health, etc. Given the
• Training activities provided by relevant institu- nature of migration, intra-ministerial coordination
tions such as border training from IOM; and must be combined with inter-State cooperation.
• Strengthened cooperation, such as new part-
nerships with NGOs on migrant health issues
and an exchange of migration data between «due to the grave challenges
countries and regions. posed by human trafficking,
Legislation: On the legislative front, many many countries are adopting
countries have signed international legisla-
tion addressing migration issues, such as the
national action plans to counter
ILO Conventions No. 97 and 143 and Migrant trafficking which include an
Workers Convention (MWC) (1990). However,
integrating their provisions into national legisla- anti-trafficking unit»
tion and ensuring compliance is proving to be
more difficult. In June 2004, UNFPA released a report entitled,
Investing in People: National Progress in Imple-
Structures : In terms of structures, for many menting the ICPD Programme of Action 1994-
countries around the world, migration offices 2004. The Report summarizes progress that
constitute a new bureaucratic development. has been made so far in achieving all the goals
Other structures also have emerged. For ex- established in Cairo. It highlights the success of
ample, due to the grave challenges posed by population, maternal health and family planning
human trafficking, many countries are adopt- programmes of previous decades and identifies
ing national action plans to counter trafficking, future needs and challenges of the 21st Century.
which include anti-trafficking units. Specifically on migration, it covers actions taken
by countries both in terms of policy and pro-
Training: A growing number of actors offer sup- grammatic measures, and mechanisms for co-
port to countries in strengthening their migration ordination (See Table “Investing in People”). The
systems. Importantly international organizations, results are based on findings of the Global Sur-
including IOM, ILO and UNHCR, are providing vey conducted by UNFPA in 2003 to appraise
technical support, operational assistance, and national experiences 10 years after Cairo.14
research on migration issues. NGOs also are
becoming key players in countries’ abilities to
address their migration challenges.

19
Meeting the Challenges of Migration

Investing in People
The UNFPA Report, “Investing in People: National Progress in Implementing the ICPD
Programme of Action 1994-2004,” indicates that 73 per cent or 110 countries surveyed have
taken some action aimed at addressing international migration. This is in stark contrast to 18
per cent of countries that had done so in 1994.

Table 2.7 Measures Taken by Countries to Influence International Migration

Number and
Percentage of
Measures Taken
Countries
No. %*

A. Policy or Programmatic Measures

Plans/programmes/strategies on international migrants and refugees 50 45

Laws/legislation on international migrants and migrant workers 41 37

Adoption of policy on international migration 36 33

Enforcing conventions on refugees, asylum-seekers


12 11
and illegal migrants

Law/legislation on trafficking of human beings 11 10

B. Mechanisms for Coordination


Intergovernmental policies on migration 36 33

Inter-institutional cooperation on migration (govt., NGOs, donors) 13 12

Intra-governmental 13 12

Total 110 100

*Based on multiple responses; therefore percentages add up to more than 100.

Source: UNFPA, Investing in People: National Progress in Implementing the ICPD


Programme of Action 1994-2004 (June 2004).

20
2. Developments in Migration Policy

The UNFPA Report indicates areas where fur- ber have emerged in most regions of the world
ther action is required: including Northern and Central America through
the “Puebla Process,”16 in Asia through the
• Intensify advocacy activities targeted at go- “Manila Process,”17 in Southern Africa through
vernments and NGO leadership on the link- the “Migration Dialogue for Southern Africa
ages between population and poverty; (MIDSA) Process,”18 and in Europe with the
• Strengthen data collection and analysis for “Budapest Process.”19
monitoring the living conditions of the poor;
for contributing to the formulation of social RCPMs have been established with a view to
development polices; and for designing pro- providing a forum that is flexible, informal, open
grammes targeted at poverty reduction, espe- and efficient for discussing migration issues
cially for vulnerable groups; within a specific region. Such fora function in
• Strengthen capacity, at the national level, parallel to more formal structures dealing with
for robust analyses of the causes and con- migration such as the United Nations (UN) and
sequences of emigration and immigration, regional groupings such as the EU.
as well as of internal migration in individual
country contexts, with a view to helping coun- As discussed in an IOM publication on this issue,
tries develop appropriate migration polices. RCPMs are conducive to constructive discus-
At the international level, studies need to be sions in part because of their:
undertaken on the levels and trends, as well
as on the macro-and micro-implications, of • Informality- they are processes, not institutions,
international migration; meaning that working toward an eventual final
• Conduct national and sub-national policy goal is an important aspect of the process;
studies of changing age structures and of • Openness- since agreement on all issues
population ageing by incorporating structural is not required, all options can be explored
and societal changes associated with ageing openly, thus increasing the number of possible
into the formulation of social development solutions to issues; and
policies; and • Efficiency- since there is a minimum level of
• Further promote and strengthen protection administration, direct communication is more
of, and respect for, human rights, individual easily possible between high level officials and
dignity and ethical values, with sensitivity to experts.20
cultural differences, in the implementation of
the ICPD agenda. International

Regional At the international level, new initiatives to


strengthen countries’ dialogue, cooperation
Regional Consultative Processes on Migration and ultimately understanding of migration have
(“RCPMs”): Over the past decade, countries emerged, and are yielding concrete results. Such
have been participating in non-binding regional initiatives seek to respond to elements that are
consultative fora. These have brought countries, lacking in the present international migration,
international organizations and NGOs together inter-State, cooperative context. These initia-
to discuss migration issues in a cooperative tives call upon countries to review their obliga-
manner. The first such forum was established tions towards migrants, refugees and IDPs, and
in 1985, known as the “IGC” for Europe, North also to strengthen their obligations towards one
America and Australia.15 Since that time, a num- another and to cooperate more thoroughly and

21
Meeting the Challenges of Migration

systematically on these issues. In most cases, Since 2002, MPR-facilitated dialogue has
such initiatives also attempt to extend their served to reflect on a variety of issues including:
scope over multiple aspects of migration. Many instances and means of inter-State cooperation,
initiatives have resulted from the actions of in- the merits of regional consultations, sharing of
ternational organizations, governments and/or best practices and lessons learned in consul-
civil society. Importantly, UN World Conferences tative processes. Other issues have included
also have addressed migration issues, most no- specific themes in migration policy development
tably of course, the ICPD in 1994. such as integration, labour migration, irregular
migration, rights of migrants, trafficking and the
International Organizations migration/asylum nexus (sharing best practices
in managing migration).24 MPR has also become
International Organization for Migration (IOM): 21 the Secretariat for the “Berne Initiative,” a States-
In 2001, IOM launched an international dia- owned consultative process (described below).
logue on migration policy with the creation of
the Migration Policy and Research Programme International Labour Organization (ILO): 25 The
(MPRP/MPR).22 The purpose of this inter- ILO elaborates and supervises international
national dialogue has been to enhance: (1) labour migration standards, develops policy guid-
understanding of the complexity of migratory ance, conducts research, as well as provides
phenomena, and (2) inter-State cooperation in technical assistance on labour migration mana-
managing migration.23 gement to governments and social partners.
In June 2004, its annual International Labour
Conference focused on: international labour mi-
gration and globalization; policies and structures
United Nations Calls for Strengthened Regional Cooperation
for more orderly migration for employment; and
The value of fostering regional and sub-regional dialogue and improving migrant workers’ protection through
cooperation processes has been recognized and commended by standard-setting. The Conference was hailed
the United Nations General Assembly (UNGA), which in 1999, as an important achievement in ensuring that
encouraged interregional, regional and sub-regional mechanisms to migrant workers are covered by the provisions
continue to address the question of migration (and development). of international labour standards, while benefiting
In its Resolution on Migration and Development, the UNGA called from applicable national labour and social laws.
upon specialized UN and non-UN institutions, including IOM, ILO, Among others, the Plan of Action adopted at the
and IMP, to enhance their efforts in this field, in conjunction with Conference calls for the development of a non-
regional organizations and expert bodies. binding multilateral framework for a rights-based
approach to labour migration and the establish-
The most recent UNGA Resolution on International Migration and ment of an ILO dialogue on migration amongst
Development, adopted in December 2003, notes again, the work ILO constituents and in partnership with interna-
undertaken by IMP and collaborating UN and non-UN agencies to tional and multilateral organizations. The ILO is to
strengthen the capacity of governments to manage migration flows present the framework document to its Governing
at national and regional levels and thus to foster greater coopera- Body at its November 2005 session.26
tion among States towards beneficial and orderly migration.
United Nations High Commissioner for Refu-
gees (UNHCR): 27 The UNHCR Global Con-
Source: UN General Assembly Resolutions on International sultations on International Protection which
Migration and Development (A/RES/54/212) and (A/RES/58/208). were launched in 2000, aimed at strengthening
discussion on migration and more specifically on

22
2. Developments in Migration Policy

refugee matters (also in the context of larger International Migration Policy Programme (IMP):
migration flows). Given large and protracted Largely inspired by the ICPD PoA, IMP was cre-
refugee situations, the high costs of asylum ated in 1998 as a global inter-agency activity for
systems in industrialized countries, the real or government capacity building and cooperation.
perceived abuse of asylum systems, and the UNITAR, IOM, UNFPA and ILO are its co-spon-
burden on developing countries of hosting refu- soring partners and other relevant global and
gees, the UNHCR Consultations were intended regional organizations participate in its activities,
to promote the full and effective implementation which include mainly organizing regional inter-
of the 1951 Refugee Convention and to develop governmental meetings on migration priorities.
complementary new approaches, tools and stan- Under its global migration policy approach, the
dards to ensure the availability of international concept underpinning IMP is based on the im-
protection where the 1951 Refugee Convention portance of promoting and formulating regional
and its 1967 Protocol need to be buttressed. approaches to migration and forced displace-
ment challenges. 31
Deriving from the entire Global Consultations
process, UNHCR completed an Agenda for
Protection in 2002.28 The Agenda is the first «At the international level, new
comprehensive framework for global refugee
policy in five decades, combining clear goals initiatives to strengthen countries’
and objectives with suggested activities to dialogue, cooperation and ultimately
strengthen refugee protection.29 It is widely
regarded as providing an excellent basis for understanding of migration have
future cooperation among States, UNHCR, UN
and other intergovernmental organizations, and
emerged, and are yielding concrete
non-governmental organizations (See Chapter 6 results»
on Refugee Protection).

United Nations Population Fund (UNFPA): 30 Within a period of six years, IMP activities have
UNFPA supports activities relating to the col- benefited some 850 senior and middle level go-
lection of data on migration and policy-oriented vernment officials from 125 developing and
studies on international migration. UNFPA also is transition countries. Over 200 international and
assisting countries in their review of operational government experts, as well as numerous govern-
experiences in implementing ICPD PoA, includ- ment observers from Western and other countries,
ing in the area of migration. In collaboration have offered their support in these meetings.
with ILO, IOM and UNITAR, UNFPA supports
IMP activities. In 2001-2002, UNFPA funded UN World Conferences
IMP’s regional “Migration Data and Definitions
Projects” to assist governments in strengthen- International Conference on Population and De-
ing their capacity to gather and analyze migra- velopment (ICPD): Of course, the first attempt
tion data. This was achieved in part through to institutionalize international cooperation on
the use of the Recommendations of Statistics migration was initiated through the convening of
on International Migration, Revision 1 (1998). the ICPD and Chapter X of its PoA. This docu-
The Projects also facilitated data dissemination ment offers a comprehensive set of guidelines
between countries in the region. UNFPA also for national and international action in the field of
funds IMP’s CRS. international migration policy, management and

23
Meeting the Challenges of Migration

cooperation. Still today, Chapter X constitutes In addition, international migration and inter-State
the single global blueprint outlining how States cooperation also have been addressed in major
and concerned international institutions should UN World Conferences, which deal with environ-
address the multiple causes, consequences and ment,33 human rights,34 social development,35 the
long-term implications of international migration advancement of women,36 human settlements,37
and human displacement. 32 ageing,38 and sustainable development.39 In 2001,
the World Conference Against Racism, Racial
A five-year review of the progress made since Discrimination, Xenophobia and Related Intoler-
the Cairo Conference was undertaken in 1999 ance (WCAR), which was held in Durban South
at the ICPD+5, which took place at the UNGA Africa, pointed to “the situation of vulnerability in
in New York. In the UNGA Report on the “Key which migrants frequently find themselves, owing,
Actions for Further Implementation of the Pro- inter alia, to their departure from their countries
gramme of Action of the ICPD,” resulting from of origin and to the difficulties they encounter
ICPD +5, emphasis was placed on a number because of differences in language, customs
of areas relating to international migration that and culture, as well as economic and social dif-
were considered in particular to need greater ficulties and obstacles faced by migrants who are
inter-State coordination and cooperation. undocumented or in an irregular situation.”40

IMP’s Contributions to Migration Policy Development


and Government Capacity Building
Since its inception, and through its regional conferences, seminars and workshops, IMP:

• Disseminates in-depth, consistent and comprehensive information to senior government


officials on global and regional migration policies; management of migration flows; and
asylum, refugee protection and human rights standards to be applied by governments;
• Successfully engages origin, transit and destination countries with often differing political
and migration interests and perspectives in constructive dialogue on migration policy and
inter-State cooperation;
• Operates the “Country Reporting System” (CRS) for the purpose of measuring concrete
action taken by participating governments on conclusions and recommendations
adopted at IMP regional meetings;
• Contributes to raising awareness among governments on the fact that migration is today
a principal global, regional and national issue that should be addressed collectively and
through best management practices;
• Provides developing countries with a better understanding of migration and related
policies applied in industrialized countries, and seeks to promote new models of
dialogue and cooperation among origin and destination countries; and
• Facilitates and fosters coordination and cooperation among the principal institutions
dealing with migration, asylum, population and related issues, thus providing
governments in developing regions with a comprehensive and holistic picture
on essentially all aspects and implications of human mobility.

24
2. Developments in Migration Policy

The MDGs and Migration


In September 2000, all Member-States of the UNGA adopted a global development agenda
at the Millennium Summit in New York. The resulting MDGs, are inextricably linked to migra-
tion as their fulfilment both impacts and is impacted by efforts to effectively manage migra-
tion. The eight MDGs are the global community’s commitment to:

1. Eradicate extreme poverty and hunger


2. Achieve universal primary education
3. Promote gender equality and empower women
4. Reduce child mortality
5. Improve maternal health
6. Combat HIV/AIDS, malaria and other diseases
7. Ensure environmental sustainability
8. Develop a global partnership for development

In order to devise a strategy for achieving the MDGs by the target date of 2015, the UN
Secretary-General, with the support of the UN Development Programme, launched the
Millennium Project. The Project draws on the expertise of policy makers, academics, and
practitioners from both developed and developing countries to review existing practices,
analyze policy options, and evaluate financing options. Moreover, since 2004, the Project
has been working to implement 3- to 5- year poverty reduction strategies in the following
countries: Cambodia, the Dominican Republic, Ethiopia, Ghana, Kenya, Senegal,
Tajikistan and Yemen.

Source: Millennium Project Information Material at [URL: www.unmillenniumproject.org].

25
Meeting the Challenges of Migration

Global Commission on International share their different policy priorities and identify
Migration (GCIM) their longer-term interests in migration, and of-
fers the opportunity of developing a common
Global Commission on International Migration orientation to migration management based on
(GCIM): GCIM was established as an indepen- notions of cooperation, partnership, comprehen-
dent body on 1 January 2004 by governments. siveness, balance and predictability.42
Upon the encouragement of the United Nations
Secretary-General and stemming from an in- At the Berne Initiative Symposium in 2001
ternal report produced by the UN in 2002, the and during on-going regional consultations
Commission works towards analyzing gaps in organized by the Berne Initiative Secretariat,
current approaches to migration, examining inter- and through other fora such as regional IMP
linkages with other issues, and identifying areas meetings, governments have shared their views
of emerging consensus in this field. In doing so, on the elaboration of a possible framework of
it seeks to promote a global debate on migration guiding principles that would shape inter-State
amongst all relevant actors and develop a broad- cooperation in the management of migration.
er understanding of international migration. This process is leading towards the elabora-
tion of “An International Agenda for Migration
The Commission, comprised of 19 international- Management,” a topic, which was further dis-
ly renown Commissioners, is actively supported cussed during International Berne Initiative
by an open-ended group of governments. 41 With Consultations held in July 2003. In 2003-2004,
its Secretariat headquartered in Geneva, and additional regional consultations are underway
its broad-based regional hearings taking place and will culminate with a second International
around the world, GCIM relies on existing go- Symposium on Migration, “Berne II,” on 16-17
vernmental, non-governmental, institutional and December 2004.43
academic expertise. By mid-2005, GCIM is in-
tended to incorporate information garnered from Civil Society
its policy analysis and research programme, as
well as its regional consultations and other The Project on the Future of Asylum and Migra-
meetings, into a Final Report. The Final Report tion (FAM): Between 2000-2002, FAM, a non-
will be presented to the United Nations governmental initiative was developed with the
Secretary-General and other concerned stake- aim to promote positive policies and practices,
holders, highlighting the Commission’s findings by supporting new initiatives and basic research
and proposing concrete action to be considered relating to asylum and migration. It was initiated
by the international community. by the Netherlands’ Chapter of the Society for
International Development (SID NL)—a group of
Government some 500 persons with different backgrounds
from all parts of the world working in various
The “Berne Initiative:” In June 2001, the Swiss capacities (government, supranational bodies,
Government, in cooperation with other entities, intergovernmental organizations, academia, faith
launched what is known as the “Berne Initiative,” groups and civil society) on asylum and migra-
a States-owned consultative process with the tion issues. Specifically, SID attempted to en-
goal of obtaining better management of migra- courage a positive view and international pers-
tion at the regional and global levels through pective on asylum and migration matters; and
cooperation between States. It is intended to to emphasize the distinction between refugees
enable governments from all world regions to and other migrants by continuing to recognize

26
2. Developments in Migration Policy

“Regional Discussions on Migration” ©Jörgen Sandstrom


the needs and protections of refugees while policy and thereby allowing societies to better
seeking parallel options and solutions for other manage the challenges and opportunities that
categories of migrants. The “Declaration of The immigration presents. To this end, Metropolis
Hague,” resulting from the FAM Project, is being has: stimulated and funded empirical research on
followed up by work undertaken in the context important policy issues, some of it international
of the “Club of The Hague” to translate its prin- and comparative; organized major international,
ciples into action.44 national and regional conferences on migration
issues, involving representatives from policy, re-
The International Metropolis Project: Launched search and civil society; organized highly focused
in 1996 by Citizenship and Immigration Canada, seminars, round tables and workshops; and
Metropolis consists of a set of coordinated disseminated research results and policy discus-
activities carried out by a membership of re- sions in the Metropolis publication, The Journal
search, policy and NGOs, which share a vision for International Migration and Integration, and in
of strengthened migration policy by means of other print and electronic media.
applied academic research. The Metropolis
members are now from over 20 countries and
a number of international research, policy, and
intergovernmental organizations, representing a
wide range of policy and academic interests. The
underlying idea is that the members will work
collaboratively on issues of immigration and in-
tegration, always with the goal of strengthening

27
Meeting the Challenges of Migration

3. Migration and Development

The link between migration and development is tions of migration, a change that was signalled
not a new one. Economic improvements in coun- in the ICPD PoA, namely that migration is no
tries of origin are tied to easing migration pres- longer seen merely as a failure of development,
sures. More recently, this assertion is qualified but rather as an integral aspect of the global
by the fact that a “migration hump” exists such development process.
that economic development can, at least over
the medium term, spur migration as acquisition Underpinning the notion of a migration-deve-
of skills and means offers greater access to for- lopment linkage is the observation that mi-
eign markets. Nevertheless, it stands to reason grants maintain vigorous economic, social and
that improving economic conditions in countries cultural ties to their countries of origin. They re-
of origin, in particular through job creation, will turn home for longer or shorter periods of time,
reduce migration pressures by providing people send remittances and goods, invest in their
with the option to work domestically. Part of this home countries including in education, housing
debate pertains to trading practices between and health-care for needy family members, and
States, since it is argued that more balanced sometimes they return home for good, bringing
trading relations between developed and deve- with them new knowledge, skills and their ac-
loping countries would in fact assist in promoting cumulated savings. These links result in reverse
States’ economic competitiveness and develop- flows of financial, technological, social and hu-
ment potential. Thus, the potential for reducing man capital back to their countries of origin. In
migration pressures in countries of origin could the debate on international migration, many
be enhanced through a more equitable trading experts argue that these “feedback effects”
system (see Chapter 5 on Economic Migration). contribute significantly to the development of
migrants’ home countries. To take one example,
new empirical research has revealed a strong
«migration is no longer seen merely positive correlation between remittances and
as a failure of development, but poverty reduction in developing countries. 45

rather as an integral aspect of the At the ICPD, governments recognized the con-
nection between migration and development.
global development process» In particular, Chapter X of the PoA states that
“orderly international migration can have posi-
Another important dimension to this discussion tive impacts on both the communities of origin
relates to migration as a development tool for and the communities of destination, providing
countries of origin. It is in this context that de- the former with remittances and the latter with
velopment implications of international migration needed human resources. International migra-
have become a key topic in public discourse to- tion also has the potential of facilitating the
day. To be sure, the debate on migration and de- transfer of skills and contributing to cultural
velopment reflects a radical change in percep- enrichment.”46 Five years later, at ICPD +5, go-

28
3. Migration and Development

vernments reiterated their call “to maximize the for development will clearly require sustaining
benefits and manage the challenges posed by further study and research activities. In this con-
international migration.”47 nection, experts have universally pointed to the
need for better data on migrant stocks and flows
Today, the debate on migration and development (See Chapter 9 on Migration Data).
has only become more vigorous and reflects
the interests of an ever-widening spectrum of
stakeholders, not least of which are migrants
«While the average size of an
themselves who are becoming well organized international remittance may be
and a significant civil society voice. Clearly
contributing to the salience of this debate is quite modest, when added up, the
the fact that international migration stands now hundreds of thousands of transfers
at an all time high with around 3 per cent of
the world population living and working outside occurring every month reflect
their country of origin. 48 Against this backdrop
of significant human mobility, dramatic eco-
significant amounts of capital
nomic disparities continue to prevail between being transferred from developed
the “North” and the “South” making increased
migration pressures a future certainty. Finding countries to the developing world»
solutions to the development gap between
migrant origin and destination countries by har- The international dialogue on the migration-de-
nessing the development potential of millions velopment linkage has identified both positive
of present and future migrants has become an and negative developmental effects of migration.
international policy priority. Indeed, the recently For instance, in the context of the IMP’s regional
established GCIM has identified migration- capacity-building exercises on international mi-
development issues as a central feature of its gration for developing country governments, one
planned research activities. 49 of the most frequently voiced concerns of go-
vernment officials relates to the issue of “brain
Migration is a complex and fluid socio-economic, drain,” or the flight of skilled human capital from
political and cultural phenomenon involving mil- their countries. 51 Clearly while migration creates
lions of individuals in motion at any given point positive feedback effects, it may also have nega-
in time. The extent to which migration has de- tive repercussions; whether and to what extent
velopment impacts for origin and destination the beneficial effects of migration outweigh its
countries depends upon a variety of interacting negative effects is still the subject of heated
factors, including volume, patterns and dynamics debate amongst scholars and policy makers.
of migration flows. 50 Development impacts also
vary across regions for similar reasons. A better Despite the complexity of the subject, much of
understanding of the implications of migration the migration-development debate has tended

29
Meeting the Challenges of Migration

to focus on a specific set of observations which transfers are having a profound impact on the
are believed to carry particular promise for quality of life of millions of poor households in
development, including migrant remittances, Africa, Asia, Latin America and the Middle East,
human capital, social and technological trans- and experts generally agree that remittances
fers, long and short-term return migration and are one of the key aspects of the migration and
the establishment of supra-national diaspora development linkage.
networks. The following section will focus on
remittances and the issue of brain drain, which Figures show that the sheer volume of money
reflect financial and human capital aspects of transferred annually by migrants to their families
the migration development nexus. in developing countries is astounding. The World
Bank recently estimated that the global annual
Migrant Remittances flow of remittances to developing countries in
2002 was 88 billion USD. 53 Remittances are
It has been argued that, “a logical consequence estimated to have exceeded 90 billion USD in
of the migration of workers is a reverse flow 2003, although actual figures are much higher
of remittances to support dependent relatives, when informal transfers are taken into account.
repayment of loans, investment and other pur- This implies that remittances exceed Official
poses.”52 Broadly speaking, remittances are pri- Development Assistance (ODA) and constitute
vate transfers of money from migrants to family the largest single source of financial flows
members in the countries of origin. While the to developing countries after Foreign Direct
average size of an international remittance may Investment (FDI), in some cases even exceeding
be quite modest, when added up, the hundreds FDI flows in many countries.
of thousands of transfers occurring every month
reflect significant amounts of capital being In 2002, some of the biggest receivers of remit-
transferred from developed countries to the de- tances were India (11.5 billion USD), Mexico (6.5
veloping world. Additionally, even a small amount billion USD), Philippines (6.4 billion USD), Egypt
of money, say 100 USD a month, may make a (3.7 billion USD) and Morocco (3.3 billion USD).
world of difference to a poor rural household in If calculated as a share of gross domestic pro-
Somalia, Philippines or Haiti. Thus, remittance duct (GDP), lower middle-income and low-in-
come countries were the biggest recipients with
remittances constituting on average 2 per cent of
GDP. Regionally speaking, South East Asia and
sub-Saharan Africa were significant recipients of
remittances relative to size of GDP.54
“Saving Money to Send Back Home” ©FreeFoto.com

In addition to their sheer volume, remittances


manifest several other key characteristics which
make them interesting as a development tool,
namely:

Stability: Remittance flows have been character-


ized by experts as “counter-cyclical” in nature,
meaning that they appear to be less vulner-
able to economic up and down turns than other
sources of external funding, such as FDI, ODA

30
3. Migration and Development

and capital market flows. In other words, even in the number of migrants leaving a sending coun-
in hard times, migrants will continue to remit try will lead to a 1.8 per cent decline in the share
money to their families and might even remit of people living on less than 1 USD per day.57
more money in response to the greater need of Other studies tend to confirm the importance
their family members in times of crisis. of remittances noting that they often constitute
a very large share of the recipients’ total income.
Growth: Global remittance flows are increasing According to the ILO, remittances constitute up to
in tandem with growing migration. Because of 90 per cent of household income for recipients in
more global migration caused by persisting in- Senegal, and more than half of household income
come inequalities between origin and destination for recipients in Bangladesh.58
countries, increasing temporary migration, greater
South-South migration, easier and lower cost Beyond significant poverty alleviation effects
travel and other factors related to globalization, in the developing world, remittances play a life
remittances are projected to continue to increase sustaining role in post-conflict settings where
well into the foreseeable future. Indeed, observers migrants’ families with little or no other sources
are pointing out that the rise in remittance flows of income depend on them for their survival. In
is even outpacing the increase in global migra- places like Somalia and Somaliland—recipients
tion flows, although improved financial reporting of an estimated 1 billion USD a year59—remit-
practices may be part of the reason underlying tances have been critical in averting complete
this observation. humanitarian disasters.

Lastly, remittances are unilateral transfers that At the individual and family levels, remittances
do not create liabilities unlike other types of enhance economic security and well-being
financial flows such as debt and equity flows. of the poor by providing critical resources for
Also, unlike foreign aid, remittances go directly spending on immediate subsistence needs such
to the people who need them and to whom they as food and shelter, as well as improved health-
were directed without any intervening and costly care, education and housing. Remittances also
bureaucracy. Thus, some scholars suggest that provide income for investment; they support
international migrants have themselves become purchases of land, entrepreneurial activities and
one of the biggest and most stable sources of savings which in turn have stimulating effects
foreign aid to developing countries.55 on local and national economies. At the national
level, remittances increase foreign exchange
Poverty and Development Impacts receipts, finance imports and improve national
credit ratings.
Emerging empirical evidence suggests that
remittances have significant impacts on pover- Maximizing Benefits: Governments have long
ty and potentially also on long-term economic recognized the benefits of remittances and have
development. In a study of 74 low and middle- encouraged remittance flows through proactive
income developing countries, the World Bank has legislative and regulatory policies. For instance,
demonstrated a statistically significant correlation governments have adjusted their foreign ex-
between remittances and declines in poverty.56 change and other financial sector regulations,
Specifically, the study found that a 10 per cent and have provided a variety of incentives such as
increase in the share of remittances in a country’s tax breaks, investment options and preferences
GDP leads to a 1.2 per cent decline in poverty. on land purchases to stimulate flows. Deliberate
This study also found that a 10 per cent increase strategies of foreign employment coupled with

31
Meeting the Challenges of Migration

outreach to diaspora communities through the tries in Central America are now also considering
facilitation of dual citizenship, the posting of such identity card programmes.60
labour attachés in host countries and other
measures have also been applied. Although much of the remittance debate has
focused on effects of international remittances,
Local governments and migrants themselves the contribution of internal transfers to national
have also supported collective investment ini- development should not be underestimated. In
tiatives such as the Home Town Associations China, the transfers of an estimated 100 mil-
(HTAs) and matching funds schemes in Latin lion internal labour migrants are having a dra-
America, to promote migrant investment in local matic impact on the country’s rural economy.61
infrastructure projects such as building roads, Evidence from other countries and regions show
schools and other public facilities. similar positive effects.62 Moreover, some argue
that internal remittances target families which
Experts generally agree that ensuring that remit- on average are poorer than those receiving in-
tances are sent through formal channels is of criti- ternational remittances.
cal importance to enhancing their development
impacts. Firstly, by using banking channels, rather Although a disproportionately large percentage
than informal systems, migrants are better able to of migrants remain “unbanked” as compared
manage their assets and thus to increase savings to the native population of their host countries,
and investments in productive activities. Secondly, recent findings show that remittances constitute
the local economy is stimulated when banks in an important point of entry for migrants to the
turn can finance loans with capital bolstered by financial system. The fact that migrants and their
remittances, and lastly, national economies profit families open bank accounts in order to send
from increased foreign currency reserves. or receive remittances is significant because it
gives them access to a range of other financial
Despite the advantages of formalized remit- services and products they might not otherwise
tances, migrants often face particular chal- have benefited from including savings, credit and
lenges in accessing financial institutions. Host insurance options with significant implications for
country regulations often impose cumbersome long-term improvements in economic well-being.
requirements relating to proof of identity and To take one example, the World Council of Credit
domicile (“know your customer” rules) which Unions (WOCCU) has observed that 14 to 28 per
in many cases prevent migrants, even those cent of remittance transactions using their credit
with valid status, from opening bank accounts union network (IRnet) in Latin America result
or using other formal transfer services. Recent in the opening of a transaction account with a
money laundering and anti-terrorist legislation in financial institution and that more than one third
western countries have made migrant access to of recipients using credit union services save a
formal financial institutions even more difficult. portion of the remittance money received.63

Some initiatives have been successful in res- Regulating Transfers: In the wake of the 11
ponding to this trend. The Mexican Government’s September, 2001 terrorist attacks on US soil,
initiative to issue identity documents through national financial regulators in the Western
their consulates (‘matriculas consulares’) to world have become increasingly concerned
enable Mexican immigrants in the US to open about the potential security implications of
bank accounts has been particularly successful global financial flows especially with respect
in boosting remittances, and several other coun- to their potential use in terrorist financing and

32
3. Migration and Development

money laundering activities. In this connection, the recipients of remittances reside. Restrictive
much attention has been focused on informal and/or inadequate foreign exchange and finan-
remittance systems—commonly known as the cial sector regulations, unsound macro-econo-
Hawala or Hundi systems—because of their mic environments and poor investment climates,
anonymous and unregulated nature. Informal compound the problem.
systems are still widely used because they of-
fer very efficient, low-cost and speedy services.
According to a recent International Monetary «Clearly, regulation is needed
Fund (IMF) study, it takes only 6 to 12 hours in the interest of transparency,
to transfer funds between major international
cities, at the very low average direct cost of 2 however, regulatory and supervisory
to 5 per cent. These systems function well even
in post-conflict and other settings where formal
policies which inhibit transfers
financial infrastructures are non-existent.64 by driving up costs and reducing
While initial post-11 September reactions to access to financial services may
informal transfer systems focused on prohibi- have counterproductive effects and
tion of everything that was unregulated, more
nuanced approaches are gaining ground which prejudice against those who need
recognize the need to strike a balance between
appropriate levels of regulation aimed at mini-
remittances most»
mizing financial abuse and promotion of cost-ef-
ficient and accessible transfer services. Clearly, On the remitting end, migrants’ access to the
regulation is needed in the interest of transpar- formal financial sector needs to be improved
ency, however, regulatory and supervisory poli- through increased outreach activities by all
cies which inhibit transfers by driving up costs concerned stakeholders including the private
and reducing access to financial services, may sector. Thus “banking the unbanked” at both
have counterproductive effects and prejudice ends of the remittance lifeline constitutes a
against those who need remittances most.65 fundamental aspect of fostering remittances,
maximizing their long-term benefits to migrants
The cost of sending a remittance has been de- and enhancing development impacts for recipi-
clining during the past few years as more private ent national economies. 66
sector actors are entering the remittance mar-
ketplace and offering increasingly competitive Protecting migrants’ human rights and ensur-
remittance services. Technological innovations ing that labour standards are respected in host
have contributed to this trend as well and have countries is another often overlooked aspect
improved outreach to underserved communi- of the remittance equation; migrant workers
ties. Nevertheless, universal access is still not are more likely to fully realize their potential as
a reality. The existence of a vibrant informal remitters in environments where, at minimum,
remittance sector is testimony to the fact that internationally recognized labour standards are
obstacles to cost efficient, rapid and transparent respected and domestic labour laws are ade-
remittances services are substantial. Foremost is quately enforced.
the lack of adequate financial infrastructures in
developing countries and the concomitant lack
of proper outreach to rural areas where many of

33
Meeting the Challenges of Migration

“Brain Drain” human capital in key sectors such as industry,


communications, health and other service sec-
The cross-border movement of skilled and highly tors depresses productivity, slows economic
skilled labour constitutes an integral aspect of growth and drives down wages for the unskilled.
globalization. Driving this process is the enhanced Wages of the remaining high skilled workers
integration of regional and global labour markets. increase in response to their increasing scarcity
Today the demand for highly skilled labour in key giving rise to higher rates of income inequality in
industry and service sectors has become border- the labour force.67 Moreover, the establishment
less. Generally, highly skilled labour migration of a highly skilled diaspora may give rise to a
refers to the movement of persons who have at- vicious cycle of human capital flight by constitu-
tained a tertiary level of education, (i.e., university ting a pole of attraction for other highly skilled
or equivalent technical training). workers, motivating them also to migrate.

The cost of losing qualified nationals encom-


«the establishment abroad of a passes not only the lost future productivity of the
skilled migrant but also the loss of investment
highly skilled diaspora may give rise in the education and training of the migrant
to a vicious cycle of human capital incurred by the country of origin. Quantifying
such a loss is of course speculative. However,
flight by constituting a pole of it has been calculated that with respect to brain
attraction for other highly drain from the developing world to Organization
for Economic Cooperation and Development
skilled workers, motivating (OECD) countries, it costs developing countries
on average 20,000 USD to educate someone to
them also to migrate» a tertiary level. Consequently, the 3 million highly
skilled migrants in OECD countries constitute a
The ability of developed countries to attract total loss to developing countries of 60 billion
skilled workers with promises of higher wages, USD in educational investment alone.68
higher living standards and better prospects
poses a problem for developing countries when Furthermore, brain drain is associated with
it results in the flight of large numbers of their significant social costs, as it deeply impacts
“best and brightest,” a phenomenon most com- families. In many cases, men pursue job op-
monly referred to as the “brain drain.” Indeed, portunities abroad, while leaving their wives and
for many years, developing countries have children behind, effectively creating one-parent
voiced concerns relating to the adverse eco- families. According to a 2004 conference report
nomic effects of brain drain and sought to raise by the ILO, when mothers migrate, the conse-
awareness of this problem among the advanced quences can be even more serious as their
economies, as well as enhance inter-State co- children oftentimes “drop out of school or find
operation on this issue. themselves in vulnerable situations of neglect
and abuse, including incest.”69
Generally, it is argued that the loss of skilled
personnel widens the development gap bet- Although data on brain drain is highly frag-
ween origin and destination countries by slowing mentary, several recent studies point to the
GDP growth in the former. Since economies are magnitude of the phenomenon. For instance,
dependent on the highly skilled, a shortage of according to ILO estimates, developing countries

34
35
3. Migration and Development

“People on the Move” ©FreeFoto.com


Meeting the Challenges of Migration

are currently experiencing a 10 to 30 per cent even further degradation of the human capital
loss of skilled manpower through brain drain.70 resource base when public health crises, such
In some regions, the proportion of skilled and as the HIV/AIDS epidemic, cannot be effectively
highly skilled manpower within the total pool of addressed.
migrants seeking opportunities abroad is particu-
larly high. In the African case for instance, ILO re- The flight of skilled health workers is of course
search reveals that up to 75 per cent of persons in part a result of aggressive recruitment poli-
emigrating from Africa to the US, Canada or to cies of developed countries seeking to address
OECD countries have completed university level, skills shortages in their own health workforces.
or equivalent technical training.71 By comparison, Recently, some developed countries have
the figure for the Asia-Pacific region is slightly become more attuned to the effects of such
more than 50 per cent, and around 47 per cent recruitment and have taken various initiatives to
of migrants from Latin America have completed help address this problem. In 1999 and 2001,
tertiary level education.72 At the national level, the Department of Health of the United Kingdom
several smaller countries in Central America, (UK) elaborated guidelines to better regulate re-
Africa and the Caribbean lost more than 30 per cruitment of foreign nurses. More recently these
cent of their skilled workforce to migration. policies have been supplemented with bilateral
labour agreements. For instance, the govern-
ments of the UK and South Africa have signed
«The flight of skilled health workers an agreement to allow South African doctors
is of course in part a result of and nurses to work in the UK on time limited
projects which have a focus on educational and
aggressive recruitment policies training elements.74 The agreement also contem-
plates UK nurses and doctors working on a tem-
of developed countries seeking to porary basis in South Africa. This arrangement
address skills shortages in their highlights a two-pronged approach which serves
both to counter human capital flight by ensuring
own health workforces» that employment abroad is temporary, and at the
same time foster skills acquisition through the
In some regions, certain sectors of the economy incorporation of training elements in the tempo-
are hard hit by skilled migration. The emigra- rary program, thus enhancing the human capital
tion of health professionals (i.e. doctors, nurses) resources of both origin and host countries.
within and away from Africa is one such ex-
ample, creating internal mal-distributions and A problem related to brain drain is that of “brain
critical shortages of health professionals. This waste” which occurs when highly skilled mi-
is especially problematic because many African grants work as unskilled labour in host countries.
countries already are experiencing national For instance, it is not uncommon for doctors and
health crises of tremendous proportions. A re- engineers from Africa and Latin America to be
cent study shows vacancy levels in the public working as janitors or taxi drivers in Europe and
health sector to range between 7.6 per cent for America. Tackling this problem requires more
doctors in Lesotho, 72.9 per cent for specialists concerted efforts by governments to establish
in Ghana and 52.9 per cent vacancy level for the educational equivalencies of foreign diplo-
nurses in Malawi. The consequences of these
73
mas, as well as efforts to effectively integrate
shortages are clear; inadequate health cover- foreign professionals into domestic labour
age for domestic populations which may lead to forces so that their full potential is maximized. A

36
3. Migration and Development

recent study conducted in Sweden shows that higher education in the expectation that it will
the unemployment rate for migrants (defined result in high returns through future migration
as persons born abroad) with a tertiary level possibilities, the end result is that the overall le-
education is twice as high as that of the native vels of human capital are enhanced since most
born population with similar qualifications. Also, of the highly educated nevertheless remain in
it shows that a considerable number of highly their native countries. Indeed some countries,
educated migrants consider themselves to have such as the Philippines, have even promoted
jobs for which they are overqualified.75 migration of the highly skilled, including health
professionals, with the expectation of enhancing
The migration of skilled workers also can cre- flows of remittances and promoting skills acqui-
ate positive feedback effects which mitigate the sition of labour abroad.
impact of brain drain by fostering remittances,
exchange and transfer of ideas and skills and In the debate on brain drain, a number of policy
technologies back to countries of origin. Indeed, responses have been elaborated of which the
some scholars have argued that these feedback following three—retention, return, and resour-
effects are so strong that the term brain drain cing—tend to characterize the debate.76
may in fact be a misnomer and should be re-
placed with terms such as “brain circulation.” Retention: From the perspective of developing
Also, others have suggested that since the countries, retention of skilled labour appears to
emigration of highly skilled creates incentives be an optimal solution to the brain drain problem
for populations in origin countries to pursue although it might be the most difficult one to im-

“Building for Tomorrow” ©UNFPA

37
Meeting the Challenges of Migration

plement successfully in the short— or mid—term ideas and knowledge acquired abroad, busi-
because it requires addressing the root causes ness contacts, accumulated savings and other
of human capital flight, namely, economic human and capital assets thus making signifi-
under-development. Skilled workers migrate cant contributions to local economies. However,
in response to demands of overseas labour experience reveals that it is difficult to influence
markets offering job opportunities which better a migrant’s decision to return through policy
match their skill levels, professional objectives intervention, and permanent return policies face
and financial expectations than those of their many of the same challenges as those aiming
domestic labour markets. Of course this pull fac- at retention. If they are to be successful in the
tor exerted by international markets is especially long run, developing countries need to create
strong when domestic labour markets have little environments where the highly skilled are able
or nothing to offer. Retention therefore requires to use their potential fruitfully. In other words,
creating attractive opportunities at home which on some level, the professional opportunities
in turn entails economic development and pos- offered by their home countries need to be
sibly also targeted development of specific sec- equivalent to those migrants are forfeiting by
tors including education, high tech, information moving away from their host countries.
technology (IT) and health-care.
Policies to encourage return migration of skilled
Interestingly, modern communications techno- migrants have had mixed results and the focus
logy may be reducing the need for highly skilled of attention of policy makers has shifted from
workers to migrate by allowing them to provide strategies aimed at permanent return, to strate-
services through the Internet from their home gies to encourage temporary return migration
countries. An ILO study of migration from the where the emphasis is on the sharing and
Philippines observes that “[t]he pervasive use of transfer of knowledge, skills, ideas and tech-
the Internet as real time communications media nologies or “brain circulation.” Thus, for example,
has effectively closed the gap between users IOM’s Return of Qualified African Nationals
and suppliers of highly skilled work without ac- Programme (RQAN) has recently been replaced
tual physical dislocation. In particular, program- by the Migration for Development in Africa
ming and software services are being transacted (MIDA) programme. Building on the idea of mo-
through the Internet without the necessity of bility of skills, IOM’s MIDA programme seeks to
worker migration.”77 Exploiting modern commu- match sectoral skill needs of African economies
nications technology to achieve virtual mobility with qualifications of African migrants of the
of the highly skilled may constitute one innova- diaspora for consultancy and other temporary
tive strategy worthy of future exploration. missions requiring sequenced or repeated visits,
teaching assignments and virtual/telework.78
Return: Return is often seen as a natural con-
clusion to the migration cycle. A large portion of
migrants in fact intend to return to their home
countries when the purpose of their stay abroad
has been accomplished, whether that be at the
conclusion of their job contracts, educational
programmes, or when they have saved enough
capital to start anew in their home country or
simply retire comfortably. Skilled migrants who
return home bring with them enhanced skills,

38
3. Migration and Development

Resourcing the diaspora

Mobilizing the diaspora as a development force is an option gaining increasing currency


among policy makers. Beyond the significant transfers of capital through remittance flows,
migrant diasporas have also been instrumental in channelling flows of FDI to their home
countries. According to a recent IOM study on migration and development in Asia the Indian
diaspora contributed 9.15 per cent of FDI flows to India in 2002. The Chinese diaspora
contribution to FDI in China was even higher. Flows of FDI from the highly skilled diaspora
also are closely linked with the emergence of high tech industries in developing countries.
For instance, the migrant Indian IT community in Silicon Valley, California, has been a driving
force behind the development of the Indian software industry. Similarly, the Chinese diaspora
has played a central role in the explosive growth of high tech industries in Taiwan and main-
land China. Thus, through capital flows, exchange of information and a burgeoning entrepre-
neurial activity the diaspora is widely considered to have become an important driving force
behind economic development of countries of origin.

Governments are therefore seeking to enhance diaspora related contributions to their do-
mestic economy through a variety of means. Principally, they have sought to cultivate ties
with their migrant diasporas by liberalizing dual citizenship and other immigration laws, facili-
tated diaspora investments and financial linkages with the home country.

Source: IOM, “Migration and Development: A Perspective from Asia”, IOM Migration
Research Series, No. 14 (November 2003).

39
Meeting the Challenges of Migration

4. Human Rights of Migrants

Human rights are the most basic components Moreover, countries gathered at the ICPD
of individual freedom. They transcend cultural, underscored the universal right to “the high-
geographic and socioeconomic differences est attainable standard of physical and mental
to establish a threshold of obligations, which health” in the context of migration. The PoA
States assume with respect to their own calls on governments to “consider extending to
“body politic.” Through guarantees—such as documented migrants . . . access to health, edu-
freedom of expression and association—and cation, and other social services.” Furthermore,
protections—such as freedom from cruel and in Chapter VII, it stresses the importance of
inhuman treatment, arbitrary detention, and reproductive rights for migrants, asserting that
discrimination, human rights empower individu- “all couples and individuals have the basic right
als to pursue their respective visions of life and to decide freely and responsibly the number
happiness. They foster a social infrastructure and spacing of their children and to have the
where it is more likely that boys and girls will education, information, and means to do so.” The
have access to education, women will enjoy emphasis of the ICPD on the human rights of
equal economic opportunities, and individuals migrants reflects an appreciation for the vulner-
from all walks of life will receive adequate abilities of migrants to rights abuses and the
health-care services. necessity for proactive national and international
engagement in this area.
At the ICPD in Cairo, participating govern-
ments agreed that respect for migrants’ human Growing International Attention
rights is one of the most basic determinants
of migrants’ well-being and essential to the Since the Cairo Conference, there have been
achievement of greater social and economic several significant developments towards ad-
development. Consequently, they adopted a vancing migrants’ human rights. In July 2003,
comprehensive set of objectives in Chapter X the International Convention on the Protection of
of the ICPD PoA, aimed at safeguarding human the Rights of All Migrant Workers and Members
rights for all migrants, documented as well as of Their Families (MWC) entered into force. As
undocumented, refugees, asylum seekers and of July 2004, 26 States were party to the agree-
displaced persons. Specifically, the PoA com- ment, which is the first international conven-
mits governments to taking steps towards ad- tion addressing the human rights of migrants.
dressing the root causes of irregular migration, Specifically, it promotes protection of migrant
eliminating discriminatory policies and practices, workers through binding international standards
providing protection against racism and xeno- relating to the rights of both documented and
phobia, and hastening the social and economic undocumented migrants, and establishes a
integration of documented migrants. In addition, committee to monitor its implementation. While
it encourages promotion of the general welfare the entry into force is hailed as a major achieve-
of migrants, especially as it relates to women, ment in human rights protection, the signatories
children and the elderly. are almost exclusively migrant countries of

40
4. Human Rights of Migrants

origin and not the destination countries where concerted efforts to counter xenophobia and
migrants’ rights are often at peril. Nevertheless, discrimination and effectively integrate migrant
its provisions and those of ILO Conventions No. workers into their societies. At WCAR, the United
97 and No. 143, constitute standards for best Nations High Commissioner for Human Rights
practice for all States. (UNHCHR) was specifically called upon to com-
bat discrimination against migrant workers. In
Since ICPD, other international efforts to protect response, the UNHCHR has created an anti-dis-
the rights of migrant workers include non-stan- crimination unit and organized multiple seminars
dard setting activities, such as the establish- on implementing the Durban Declaration.80
ment, by the UN Human Rights Commission,
of the Working Group on Migrants (1997) and At the most recent session of the UN Human Rights
the appointment of a Special Rapporteur on the Commission in April 2004, the Commission took
Human Rights of Migrants in 2000. Although action on an array of issues relating to the human
the mandates of the Special Rapporteur and the rights of migrants, including: appointing a Special
Working Group relate to migrants generally, their Rapporteur on Trafficking (see Chapter 7 on Traf-
work has served, in important ways, to highlight ficking); outlining the development of human rights
the plight of migrant workers. Particularly, the re- education (specifically stressing tolerance, respect,
ports of the Special Rapporteur have frequently and non-discrimination); enhancing the role of the
raised issues related to migrant worker exploi- judiciary in this area; and passing a resolution on
tation and abuse in various parts of the world. racism, xenophobia and intolerance.81
In addition, the GCIM is specifically mandated
through 2004-2005 to examine, among other More generally, the UNGA heightened the visi-
things, migrants’ human rights.79 bility of migrants and their plight by proclaiming
December 18 as International Migrants Day.82
Related international events which have high- Its message invited “States, as well as intergo-
lighted migrants’ human rights issues include vernmental organizations and NGOs, to observe
the WCAR held in Durban, South Africa in 2001. International Migrants Day, through, inter alia,
Xenophobia, discrimination and racism faced by the dissemination of information on the human
migrant workers often prevent them from fully rights and fundamental freedoms of migrants,
integrating into the labour markets of their host the sharing of experience and the design of ac-
countries. Studies conducted by ILO and others tions to ensure their protection.”83
show that unemployment rates for migrants in
the developed world are much higher than for Increasingly, this international attention to hu-
national workers. Ensuring that workers are man rights is inducing the translation of interna-
not disadvantaged because of discrimination tional agreements and treaties into national laws
and ensuring that migrant workers are able and practices. For example, since the UNHCHR
to work and exercise their professions in host came into being in 1994, it has expanded the
countries will require governments to make more scope of technical cooperation by working to

41
Meeting the Challenges of Migration

strengthen institutions, through activities such and that are expanding their scope to include
as the incorporation of human rights provisions different aspects of migration policy. Amnesty
in constitutions and legislation, as well as step- International,87 for instance, has a “Forced
ping up monitoring efforts, through the esta- Migration Project,” Human Rights Watch88 covers
blishment of field offices, which study human “global issues” including “Refugees,” and smaller
rights patterns and formulate plans of action to NGOs such as Migrants Rights International
address violations. 84 UNHCR also has recently (MRI) 89 are developing their purview to cover dif-
noted its growing emphasis on empowering ferent aspects of migration policy including the
refugee women. To this end, it has decided to challenges of the “migration/asylum” nexus, the
place gender equality at the centre of policy “migration/trade” nexus, et alia.
decisions and has created a Women, Children,
and Community Development Section to provide Some advocacy NGOs falling into these cate-
policy and technical assistance in support of gories are coming together to take a common
country-level operations.85 position on migration and refugee issues before
international organizations whose mandates
Civil Society deal with migration issues. For instance, in
June 2001, during the Global Consultations
In 1994, a large number of NGOs were present on International Protection in Geneva, Human
at the ICPD, as indicated in Chapter XV of the Rights Watch, ICMC and the World Council
PoA, “Partnership with the Non-governmental of Churches in consultation with other NGOs
Sector”. Specifically, the chapter calls on govern- developed a background paper on “the refugee
ments to integrate NGOs in their decision-ma- and migration interface” (“nexus”).90
king and calls on NGOs to, inter alia, “participate
in the implementation of population and deve- The third category is based on networks that
lopment programmes and actively contribute to have been created amongst civil society to
the national, regional and international debate strengthen its voice, and to address migration
on population and development issues.” and refugee challenges. Umbrella NGOs such as
the International Council of Voluntary Agencies
Three categories of NGOs deal with migration is- (ICVA) consists of an advocacy network for hu-
sues. The first category is traditional operational manitarian NGOs and acts as a focal point on UN
NGOs working on refugee, displaced person and bodies such as the UN Inter-Agency Standing
migrant assistance that have an advocacy branch Committee, and within the Partnership in Action
focusing on specific aspects of migration policy. (PARinAC) programme between NGOs and
The International Catholic Migration Commis- UNHCR.91 Another initiative described in Chapter
sion (ICMC), an operational arm of the Catholic 2 on Migration Policy is entitled the FAM, headed
Church, for instance, coordinates Catholic assis- by the SID through one of its national chapters
tance activities for refugees, migrants and other based in the Netherlands. Though other actors, in
displaced persons of all faiths. It also is involved addition to civil society organizations (CSOs), are
in advocacy work focusing on different aspects members of SID, this initiative is largely perceived
of migration policy including human rights, ra- as one emanating from civil society to “encour-
cism issues, international protection of refugees age a positive view and international perspective
and migrants and counter-trafficking. 86 on asylum and migration matters.”92

The second category is traditional advocacy Some work undertaken by NGOs is thus mo-
NGOs whose mandate covers a specific issue ving towards a more comprehensive agenda on

42
4. Human Rights of Migrants

international migration policy. However, most is especially problematic because migration is


advocacy is still largely segmented into sub- associated with an increased susceptibility to
categories of migration, for instance migrants health risks. Migrants are at much greater risk of
and human rights, or the protection of trafficked HIV/AIDS. A report by the Joint United Nations
victims. Advocacy rarely encompasses the whole Programme on HIV/AIDS (UNAIDS) confirms
migration field.93 that the prevalence of HIV/AIDS is particularly
high among migrant workers.95 Moreover, effec-
Vulnerability of Migrants tive access to the legal system is often ham-
pered by linguistic and cultural obstacles, fear
Why is there an increasing emphasis on the of public institutions and ignorance on their part
human rights of migrants? In part, the answer of human rights principles and State practice.
lies in the demographic and developmental Where effective remedies are non-existent or
implications of migration. However, many re- inaccessible at the national level, international
cent events, popularized by the media, have justice remains elusive because of the lack of
also enhanced the visibility of migrants’ human effective international enforcement mechanisms
rights by highlighting their extreme vulnerability and monitoring activities. Often enough, depor-
to rights abuses. Today, it is difficult to follow tation cuts short attempts to seek legal redress
current events without encountering stories of: for rights violations.
the harrowing journeys undertaken by migrants
often ending in death in unventilated trucks and
containers, in the desert or at sea; the slavery- «many recent events, popularized
like conditions under which many migrants
work—in sweat shops and as domestic workers; by the media, have also enhanced
the abuse and sexual exploitation of trafficked the visibility of migrants’ human
women and children; the acts of xenophobia
and racist violence which many migrants face rights by highlighting their extreme
on a daily basis; and the arbitrary detention and
deportation of large numbers of non-nationals in
vulnerability to rights abuses»
the name of national security. In a resolution on
the Human Rights of Migrants in 2003, the UN
Human Rights Commission expressed its deep
concern “at the manifestations of violence, ra-
cism, racial discrimination, xenophobia and other
forms of intolerance and inhuman and degrading
treatment against migrants, especially women
and children, in different parts of the world.”94
“Seeking Essential Services” ©UNFPA

Migrants also face difficulties in enforcing


their rights. Many migrants are socially and
economically marginalized, living in poor, physi-
cally segregated communities and oftentimes
without access to social services. Many migrants
work in what are commonly referred to as “dirty,
difficult and dangerous jobs.” They can be po-
werless to obtain health-care services, which

43
Meeting the Challenges of Migration

Women Migrants
Focusing on Women
While both men and women migrate for many of
the same reasons—for example, to improve their During the Fourth World Conference on
access to social and economic opportunities— Women in Beijing (1995), the Special
women often have a very different migration Rapporteur for the Commission on Human
experience. During the migration process, they Rights on Violence Against Women identi-
are frequently at a much higher risk of gender fied various remedies aimed at alleviating
discrimination, violence, human trafficking and the vulnerability of female migrants, calling
sexual abuse. Upon arrival in their host country, on States to:
women are often relegated to gender specific
occupations, which translate into jobs in sweat- Act affirmatively to regulate private recruit-
shops or as prostitutes. Moreover, at all stages ment agencies for women migrant workers;
of the migration process, they are particularly
vulnerable as the spread of HIV/AIDS is higher Establish outreach programmes for mi-
among migrant than non-migrant populations. grant women, providing legal, social and
Women, in particular, are physiologically at a educational assistance;
greater risk of HIV/AIDS infection than men.
Ensure that police stations have trained fe-
male officers charged with helping migrant
Human Rights and National Security women to report cases of abuse;
The terrorist attacks in the US on 11 September
Equip embassies to help their migrant
2001 and events that have followed have exa-
citizens effectively, both when they seek
cerbated some human rights abuses by contri-
refuge and when they are held in custody;
buting to heightened levels of xenophobia and
suspicion of migrants in a number of countries. Include migrant women in the protection
The European Monitoring Centre on Racism and of national minimum labour standards and
Xenophobia has documented changing atti- actively to prosecute employers for viola-
tudes towards Muslims in the “Summary Report tion of those standards;
on Islamophobia in the EU After 11 September
2001.” The report shows an increase in hostili- Ensure conformity between States’ na-
ties directed at those who appear to be Muslim tional labour standards and the various
or of Arab descent, as measured by several guidelines and recommendations put forth
indicators, including opinion polls, documented by the ILO; and
physical and verbal attacks, and news media
analyses.96 Similarly, the profiling of migrants in Encourage trade unions to help realize the
some countries has had negative consequences rights of migrant women.
on migrants, for example, in some cases pro-
grammes have required males of predominantly
Arab and Muslim countries to register with immi- Source: Commission on Human Rights.
gration authorities upon arrival in the country.97 Preliminary Report Submitted by the
Special Rapporteur on Violence Against
In addition, greater security concerns have Women, Its Causes, and Consequences
translated into more restrictions on mobility (22 November 1994): E/CN.4/1995/42,
including more thorough checking of immigra- paragraph 233.

44
4. Human Rights of Migrants

tion applications against criminal and terror da- The United Nations Charter and the Universal
tabases. In the US, for example, the backlog of Declaration of Human Rights (UDHR): The
immigration applications has increased by nearly UN Charter and UDHR form the basis of the
60 per cent between 2001 and 2003, for a total international human rights architecture. Both
of 6.2 million applications.98 Furthermore, secu- of these documents reflect the international
rity changes have raised a host of questions with community’s efforts, in the wake of the tragedies
regard to the lawful detention and treatment of of World War II, to extend fundamental human
individuals who can be mistreated and falsely rights protections to all persons—without distinc-
charged.99 Tightening of security measures also tions of any kind. Both the UN Charter and the
is associated with the declining use of regular Universal Declaration reflect this principle.
migration channels, such as the amnesty ap-
plication processes, and an increase in irregular The UN Charter, in Article 1, paragraph 3 ex-
migration channels, such as human trafficking plicitly states that one of the aims of the UN is
and smuggling. to promote “respect for human rights and for
fundamental freedoms for all without distinction
International Human Rights Architecture as to race, sex, language or religion.” The UDHR
states in Article 2, paragraph 1 that: “[e]very one
In December 2003, at the launch of the GCIM,100 is entitled to all the rights and freedoms set
the UN Secretary-General stated that “migrants forth in this Declaration, without distinction of
are often vulnerable to human rights abuse—on any kind, such as race, colour, sex, language, re-
their journey, at borders, and in the countries to ligion, political or other opinion, national or social
which they migrate. Greater international cooper- origin, property, birth or other status.”
ation is needed to fight smuggling and traffick-
ing, and to build more comprehensive regimes to
protect the human rights of migrants.”101 The UN «greater security concerns have
Secretary-General’s statement illuminates mi-
grants’ distinct need for human rights protection. translated into more restrictions on
It also highlights the wide range of rights issues mobility including more thorough
migration raises, relating to specific aspects of
the migration process itself, such as entry and checking of immigration applications
expulsion. Some of these protections are uni-
versally recognized and codified, the premier
against criminal and terror
example of which is the right to seek asylum databases»
from persecution, which has become one of
the most universally recognized human rights in
both national and international law today. The principles of equality and non-discrimination
are reflected in the three international human
Nevertheless, there exists no comprehensive rights instruments adopted in 1965 and 1966,
codification of human rights obligations with which were intended to give legal effect to
respect to migrants per se. While some human the UDHR, namely the International Covenant
rights treaties address specific aspects of the on Civil and Political Rights (ICCPR), the
migration process and help to further clarify International Covenant on Economic, Social and
migrants’ human rights, migrants must primarily Cultural Rights (ICESCR), and the International
rely on national laws and international human Convention on the Elimination of All Forms of
rights conventions for protection. Racial Discrimination (ICERD).

45
Meeting the Challenges of Migration

International Covenant on Civil and Political since the ICPD in 1994. In addition, agencies,
Rights (ICCPR): The ICCPR provides several such as the independent Swiss foundation, the
protections for migrants as it prohibits, inter alia, Refugee Education Trust, have been appear-
torture, cruel, inhuman or degrading treatment, ing specifically to provide some of the broader
slavery, forced or compulsory labour and retroac- human rights protections, such as the right to
tive criminal penalties. In addition, it guarantees education for refugees so that they can lead
the right to life, recognition as a person before productive lives (see Chapter 6 on Protection of
the law and freedom of thought, conscience and Refugees).103 Under ICESCR, these rights are
religion. Furthermore, in 1986, the UN Human guaranteed to “everyone without discrimination
Rights Committee issued General Comment 15, of any kind,” as stated in Article 2, section 2.

International Convention on the Elimination of


«The MWC clearly requires States to All Forms of Racial Discrimination (ICERD): The
ICERD establishes a comprehensive interna-
ensure that migrant workers benefit tional legal regime for the protection, preven-
from the same terms of work as tion and punishment of racial discrimination.104
It applies to all persons, including migrants. It is
nationals, including remuneration, especially important for migrants because they
are often targets of racial discrimination.
hours of work, overtime pay...»
International Convention on the Protection of
seeking to further clarify the status of non-natio- the Rights of All Migrant Workers and Members
nals under the ICCPR.102 The ICCPR applies to all of their Families (MWC): Since the adoption of
persons without distinction, as it asserts in Article these instruments, several additional human
2, paragraph 1, that Member-States “undertake rights treaties have come into effect, which
to respect and ensure, to all individuals within its affect migrants, with as mentioned, the most
territory and subject to its jurisdiction, the rights notable being the recently adopted MWC. The
recognized in the present Covenant without dis- MWC clearly requires States to ensure that mi-
tinction of any kind, such as race, colour, sex, lan- grant workers benefit from the same terms of
guage, religion, political or other opinion, national work as nationals, including remuneration, hours
or social origin, property, birth or other status.” of work, overtime pay, weekly rest and holidays
with pay. The Convention also provides that mi-
International Covenant on Economic, Social and grant workers may claim their wages and other
Cultural Rights (ICESCR): The ICESCR guaran- entitlements owed to them even if they have
tees a comprehensive set of rights. It goes be- been expelled from the State of employment.
yond covering what traditionally are considered The MWC includes a number of specific protec-
basic human rights, such as freedom of religion tions such as same health and safety standards
and association, and includes protections rela- for migrant workers as for nationals; special
ting to employment, just and favourable working measures to promote and protect the rights of
conditions, establishment of trade unions, social women migrants; and specific provisions against
security, adequate living standards, education trafficking making explicit references to debt
and participation in cultural life. More and more, bondage and slavery-like practices.
these non-first tier human rights are gaining
prominence in policy discussions, as evidenced Convention on the Elimination of All Forms of Dis-
by the 19 countries that have ratified ICESCR crimination Against Women (CEDAW): CEDAW,

46
4. Human Rights of Migrants

while not making explicit reference to race or Convention on the Rights of the Child (CRC):
national origin, clearly indicates that States have The CRC commits States to protecting children
an obligation to proactively prevent and redress from all forms of human rights abuses and pro-
acts of racism and xenophobia aimed at women. vides guarantees relating to their physical and
CEDAW provides the most robust protections for psychological growth and development.
women requiring States to ensure that women
have equal rights in the exercise of the freedom Both CAT and CRC constitute significant deve-
of movement, the same rights as men in the field lopments for migrants because they forbid the
of employment and education, and protections return of migrants to States under circumstances
against gender-based violence including sexual in which their rights would otherwise be violated.
assault and harassment.

Convention Against Torture and Other Cruel «The CRC commits States to
Inhuman and Degrading Treatment or Punish-
ment (CAT): CAT formalizes the agreement of protecting children from all
all signatories to criminalize torture, provide forms of human rights abuses and
relevant training to law enforcement and certain
public officials, and create a restitution process provides guarantees relating to their
for victims of torture. physical and psychological growth
and development»

“School Kids” ©UNFPA

47
Meeting the Challenges of Migration

5. Economic Migration

Economic migrants constitute the fastest grow- Overall, international migrants represent a po-
ing category of migrants. ILO estimates that werful economic constituency. In addition to
there are 86 million migrants workers world- contributing to the economy of their host coun-
wide not including family members who move tries, they also sent over 90 billion USD in remit-
with them or to join them. Indeed, subtract global tances to their countries of origin in 2003. To
refugee figures105 from the 175 million people this non-negligible amount should be added mi-
living outside their country of birth in 2000, and grants’ savings channelled through FDI or port-
we are left with approximately 163 million indi- folio investment, holidays’ expenses, etc (See
viduals who have “voluntarily”106 chosen to cross Chapter 3 on Migration and Development).
borders, in search of better economic and/or
social opportunities. This figure is growing fast: At ICPD, there was an emphasis on how
it is estimated to have increased by 36 million economic migration can match the needs of
in the last five years, or by 61 million during the countries of origin and countries of destination.
last decade. This expanding stock of economic Chapter X of the ICPD’s PoA recommends that
migrants is sustained by rising inflows and out- countries of destination consider “certain forms
flows, with more people emigrating than going of regular migration, such as short-term and
back home. project-related migration as a means of improv-

Source: UN Department of Economic and Social Affairs. “International Migration Report 2002”

48
5. Economic Migration

ing the skills of [migrants]” and that countries of origin and destination countries causing large
origin should “facilitate the return of migrants, numbers of unskilled, semi-skilled and highly
and their reintegration into their home commu- skilled persons to seek livelihoods abroad for
nities and to devise ways of using their skills.”107 longer or shorter periods of time.

Since ICPD, policymakers worldwide have been Economic migration is expected to grow in
wrestling with the challenges of enhancing na- importance over the coming decades for seve-
tional and inter-State capacities to manage eco- ral reasons. Many developed economies are
nomic migration effectively. However, this task experiencing declining fertility and mortality
poses a significant challenge because global rates, two lasting trends that lead to scarcer
labour movements are complex and defy easy and older working-age populations, and create
characterization. a demand for younger workers from abroad to
sustain national economies. The UNPD has
Who Moves and Why predicted that in a number of developed coun-
tries, “the levels of migration needed to offset
Broadly speaking, economic migration is caused population ageing (i.e., maintain potential sup-
by an inter-play of “push” and “pull” factors in port ratios) are extremely large, and in all cases

Source: World Bank. “Global Development Finance 2004”

49
Meeting the Challenges of Migration

entail vastly more immigration than occurred mension of migration is often overlooked from
in the past.”108 Evidence from around the world policy making. Important qualitative differences
seems to confirm this observation. For instance, exist between the conditions and impact of fe-
a recent government funded study in Sweden—a male migration versus male migration. And, while
relatively small European country—concluded migration can result in female empowerment,
that maintaining current support ratios would re- this does not always occur. Appropriate policies
quire the immigration of at least 30,000 young should ensure that the migration of women does
foreigners per year between 2010 and 2030.109 not result in disempowerment and exploitation of
While migration may solve this issue over the women. Opportunities should be balanced such
short-term, migration alone cannot solve it over that alternatives are provided for women who do
the long-term. not wish to migrate, while preserving the right of
women to migrate if they choose to do so.110
Interacting with these demographic trends in
the developed world are the population and Economic migration also includes significant and
crisis pressures of developing countries. Wage what are considered to be rising numbers of per-
and perspective differentials induce economic sons moving without authorization often referred
migration. Factors associated with globalization to, for lack of a better term, as “irregular migrants.”
have facilitated the mobility of labour by provi- Though by definition difficult to calculate, IOM re-
ding easy access to information about life and ports that irregular migrants account for one third
opportunities abroad, quick communication with to one half of new entrants into developed coun-
diaspora family members and low cost travel. tries, which is an increase of 20 percent over the
past ten years. In the EU, irregular migration was
estimated to be approximately 500,000 persons
«Appropriate policies should ensure per year in 1999, a nine-fold increase over a pe-
that the migration of women does riod of six years.111 Current policies designed to
control and restrict immigration preclude levels
not result in disempowerment and of migration sufficient to satisfy the demand for
workers. As a result, these policies fuel markets
exploitation of women» for smuggling and trafficking and contribute to
the high influx of irregular migrants. For instance,
Having said this, economic migration is not estimates from the UK, suggest that over 75 per
exclusively a South–North phenomenon as cent of its illegal entrants used the services of
it has traditionally been described. Rather, smugglers.112
existing trends attest to significant levels of
South–South migration, reflecting the number Weighing the Benefits of Mobility
of economic migrants seeking opportunities
in neighbouring countries with faster growing Economic migration can lead to the exodus of
economies. Patterns and flows of economic skilled nationals with detrimental effects on na-
migration also are changing: many countries, tional economies (see Chapter 3 on Migration
such as South Africa and Thailand, have be- and Development). Further, by bolstering the size
come both countries of origin and destination of domestic labour markets, economic migrants
for migrant labour. arguably create greater competition for jobs and
influence a downward pressure on wages and
Women play an important part in the migrant prices in affected industries. In the US, for ex-
labour force. Despite this fact, the gender di- ample, it has been argued that immigrants impose

50
5. Economic Migration

costs on public services that exceed the level of

“Professionals Working Abroad” ©Jörgen Sandstrom


taxes they pay; and, “immigration shifts about 160
billion USD a year from workers whose wages
are depressed by the presence of migrants to US
employers who benefit from lower wages.”113

Economic migration can also yield significant


benefits to origin and destination countries and
of course to migrants themselves. For destination
countries, labour migration rejuvenates the work-
force and expands the human capital resource
base, thus enhancing productivity and prosperity.
For countries of origin, labour migration relieves
labour market pressures (unemployment and
underemployment) while generating remittances,
transfers of skills, knowledge, FDI and creating
other positive feedback effects. For migrants,
the ability to seek economic employment abroad
constitutes an opportunity to improve economic
standing, enhance skill levels, and it provides a
means for migrants to support family members in a quasi automatic up-grading permit mechanism
their home countries. Furthermore, labour mobility that allows for a gradual permanent settlement
through regular channels also may reduce irregu- of formally temporary foreign workers.
lar migration, migrant trafficking and smuggling.
Much like what was discussed at ICPD, the
“Managing” Economic Migration focus today is on how best to “manage” eco-
nomic migration to the benefit of all concerned.
Central features distinguishing economic mi- Economic migration is often regulated through
grants are: their skills levels; length of stay in a wide variety of policies adopted by countries,
countries of destination; and related to this, their including: temporary labour migration schemes
contractual arrangement, (i.e., the rules under (bilateral agreements); regional agreements;
which they move). and multilateral agreements.

In most developed economies, an average of Temporary Labour Migration Schemes: In the


half of all economic migrants migrate through 1960s, many countries experimented with
family reunion rights and therefore are not mo- temporary labour migration schemes to satisfy
ving within the parameters established by labour employers’ demand especially in sectors re-
migration programmes. These migration flows quiring low skilled personnel. The Gastarbeiter
tend to be fairly permanent. programme in Germany and the Bracero pro-
gramme in the US constitute past examples
For traditional immigration countries, such as of such initiatives. Today, the demand for low
Canada and Australia, a point based immigration skilled labour continues unabated with, for in-
system favours the permanent migration of skilled stance, the recent proposed legislation, which
workers and their families. Other “non migration” would allow foreign workers to fill jobs in cases
countries, such as Switzerland, for example, have where American workers cannot be found. To-

51
Meeting the Challenges of Migration

day you also find recruitment of temporary but lenges for migrants. In many cases, participants
highly skilled labour as the focus of such hiring have left their families, oftentimes for extended
schemes. In Europe, the traditional emigration periods of time, to pursue work opportunities
of health-care professionals from ex-colonies abroad. People in such programmes often fall
and Commonwealth countries in Asia and Afri- into a “circular migration” pattern by which
ca has witnessed a rebound. In the US, the migrants enter a country to work, go home for
H1-B Visa programme has been used mainly some time, and return again for work. Family
by IT professionals and other highly qualified separation strains the family unit, particularly in
scientists and teachers. cases in which migrants remain in the destina-
tion country for an indefinite period of time. In
Temporary labour migration schemes, if well addition, migrants also have experienced dif-
designed, carry significant advantages. Firstly, ficulty in accessing all of the benefits included in
many developed countries historically have the temporary programmes. Some programmes
been reluctant to allow permanent migration of have led to the exploitation of its participants
unskilled and semi-skilled migrants to their ter- where they were not fully compensated for the
ritories despite growing domestic demand for work they performed.
such labour. As such, temporary schemes may
provide a solution to domestic labour shortages Temporary labour migration schemes often are
which is politically viable to destination countries. formalized through bilateral agreements. States
Secondly, the difficulties inherent in forecasting are increasingly entering such binding agree-
labour market needs necessitate flexible ap- ments so as to secure temporary and orderly
proaches to which temporary schemes may be flows of foreign workers targeted toward certain
better adapted. industries. Bilateral agreements for short-term
employment in seasonal industries such as
Opening up channels for legal migration agriculture, tourism and construction exist bet-
through temporary schemes also may provide ween a number of countries in Asia, Europe
an important means of undercutting irregular and North America.116 One example of such a
flows. Developed countries have erected in- programme, widely regarded as being success-
creasingly restrictive barriers to legal migration ful for the 10,000 workers concerned in 2002,
since the 1990s. The resulting tension created is the Mexican Seasonal Agricultural Workers
by the pull factor of domestic demand for la- Programme with Canada.117
bour, on the one hand, the push factor of sup-
ply, on the other, is widely believed to be one of Bilateral agreements also increasingly involve
the causes of the considerable rise in irregular highly skilled and “qualified” labour, such as
migration to developed countries.114 Indeed, it temporary programmes for Filipino nurses
has been suggested that, “immigration restric- in Norway and the Netherlands. Beyond es-
tions in many situations have inhibited regular tablishing the basic parameters for overseas
labour migration to meet measurable labour employment such as specifying employment
demands. Given these demands, employers conditions, recruitment procedures, quotas and
and migrants are willing to pay increasingly the like, these agreements provide a means for
higher prices to meet each other in an interna- countries to enhance cooperation on migration
tionalized labour market.”115 issues and extend basic protections to their
nationals abroad while making commitments
Nevertheless, temporary labour migration to safeguard the well-being of foreign workers
schemes also have posed significant chal- on their own soil. In some cases, they also offer

52
5. Economic Migration

Trade and Labour Mobility


Labour mobility is tied to an important migra- These expectations are based on the extent
tion and trade consideration, one which is lo- to which sending service suppliers abroad in
cated at the forefront of current discussions the context of Mode 4 can help put pressure
in multilateral trade negotiations: trade in ser- on labour markets and can increase both
vices through (human) service providers, or capital flows and human capital. Acquisition
what is referred to as Mode 4 of the GATS. of skills and skill transfer are an important
development-related result of the migration
Much attention is drawn to Mode 4, inclu- process. So too are remittances generated
ding by migration specialists who are relatively by the wages earned by migrants working
unfamiliar with trade issues. Mode 4 is con- abroad (see Chapter 3 on Migration and
sidered to be the smallest of all the modes of Development).
service supply defined in the GATS. Although
in practice , commitments by WTO members States should thus recognize the growing
are limited to the higher skilled. re-levance of short-term migration and the
movement of persons in the context of trade
While it is argued that Mode 4 is not an is- of services, and work towards developing
sue about developed versus developing greater information on the movement of high-
countries as many developing countries ly-skilled workers and on the “trade value” of
receive service providers, it is nevertheless such moves, in terms of loss or gain for origin
an issue for which developing countries see and receiving countries, and in order to as-
development-related potential. Indeed, while sess their impact on future trade agreements.
developed countries dominate services trade
overall, developing countries are particularly
successful in a number of sectors, such Sources: OECD Policy Briefs. “Service
as audiovisual services, port and shipping Providers on the Move: Labour Mobility and
services, construction services and health the WTO General Agreement on Trade in
services. As stated by the United Nations Services and Opening up Trade in Services:
Conference on Trade and Development Opportunities and Gains for Developing
(UNCTAD) Secretariat: “developing and Countries,” (August 2003) at [URL: http://
least developed countries are likely to receive www.oecd.org/publications/Pol_brief];
substantial gains from the ongoing GATS “Where Next for Labour Mobility Under
negotiations if meaningful liberalization of GATS?,” in GATS 2000. New Directions
market access for temporary movement of in Services Trade Liberalization 184, 187
natural persons providing services under the (Pierre Sauvé & Robert M. Stern eds., 2000),
GATS is achieved.” p.184-210; “Increasing the Participation
of Developing Countries through the
Indeed, high hopes exist. As stated in a brief Liberalization of Market Access in GATS
prepared by the OECD: “…mobility of labour Mode 4 for Movement of Natural Persons
has emerged as one of the ‘tests’ of whether Supplying Services,” note by the UNCTAD
the negotiations deliver on the development Secretariat to the Trade and Development
promise laid down in the Doha Development Board, (Geneva, Switzerland,July 2003) TD/
Agenda (DDA) agreed by WTO members.” B/COM.1/EM.22/2.

53
Meeting the Challenges of Migration

Towards a Fair Deal for Migrant Workers


In June 2004, at the 92nd ILC, the ILO adopted a new plan to ensure that international labour
standards apply to the 86 million migrant workers in the global economy. Specifically, the
conferees agreed to develop a multilateral framework with international guidelines on best
practices related to the following:

• Promoting managed migration such as admission procedures, flows, social security,


family reunification possibilities, integration policy and return;
• Licensing and supervision of recruitment and contracting agencies for migrant workers;
• Promoting decent work for migrant workers;
• Preventing abusive practices, migrant smuggling and trafficking in persons;
• Protecting and promoting the human rights of all migrant workers;
• Promoting measures to ensure that all migrant workers benefit from the provisions of all
relevant international labour standards;
• Promoting awareness of migrant workers’ rights;
• Preventing and combating irregular labour migration;
• Improving labour inspection and creation of channels for migrant workers to lodge
complaints and seek remedy without intimidation;
• Promoting guidelines for ethical recruitment of migrant workers and exploring mutually
beneficial approaches to ensure the adequate supply of skilled health and education
personnel that serve the needs of both sending and receiving countries; and
• Addressing the specific risks for all migrant workers, men and women in certain occupa-
tions and sectors with particular emphasis on dirty, demeaning, and dangerous jobs, and
on women in domestic service and the informal economy.

Source: International Labour Conference Conclusions on Migrant Workers (June 2004).

migrants the opportunity to further their skill (EFTA) and the European Economic Area (EEA)
level thereby leading to significant transfers so that most of Western and Central Europe will
of skills and technology to their home country soon be integrated into a single labour market.
when they return.
In Oceania, the Trans Tasman Travel Arrange-
Regional Agreements: The establishment of en- ment gradually established a de facto common
larged “free labour movement areas” is noticeable labour market between New Zealand and Aus-
and gaining momentum in a number of regions. tralia. In South America, the Mercosur countries
The best example of this lasting trend has been are discussing a treaty on free movement of
the creation and recent expansion of the single workers.118 On the African continent, regional
European labour market. In a few years, total economic communities also are promoting freer
internal freedom of movement will be granted to movement of labour within economically inte-
the 450 million citizens of the EU. Bilateral agree- grated areas. The Economic Community of West
ments also have been signed with the countries African States (ECOWAS), the Central African
belonging to the European Free Trade Areas Economic and Monetary Community (CEMAC),

54
5. Economic Migration

“Woman Working” ©UNFPA

55
Meeting the Challenges of Migration

and the Southern African Development Commu- At the 2004 ILO International Labour Confer-
nity (SADC) are all studying such agreements.119 ence (ILC), the responsibility of States to safe-
guard the rights and well-being of migrant wor-
A similar trend is visible within Free Trade Areas kers under national laws as well as international
Agreements that routinely integrate some dispo- agreements was emphasized.
sitions concerning the free movement of certain
categories of professionals, such as in the North
American Free Trade Agreement (NAFTA) link- Integration of Elderly Migrants
ing the US, Canada and Mexico.
In 2002, at the Second World Assembly
Multilateral Agreements: Although multilateral on Ageing, participating governments
agreements exist for the trade of goods and ser- adopted the Madrid International Plan of
vices across borders under World Trade Orga- Action on Ageing, which calls for the inte-
nization (WTO) negotiated rules, the movement gration of older migrants within their new
of natural persons to provide services—referred communities, including:
to as General Agreement on Trade in Services
• Encouraging supportive social
(GATS) Mode 4—has not yet yielded concrete
networks for older migrants;
results. Nevertheless, this Mode is subject to
• Designing measures to assist older
an on-going negotiation process since the
migrants to sustain economic and
Marrakech agreement, and some of the conces-
health security;
sions demanded or proposed at this stage are
• Developing policies and programmes
far reaching.120
that facilitate, as appropriate, and as
consistent with national laws, the in-
Migrant Workers Rights tegration of older migrants into social,
cultural, political and economic life of
International efforts to extend human rights and countries of destination and encourage
labour rights protections to migrant workers respect for migrants; and
have met with limited success, in part, because • Removing linguistic and cultural
of the low number of ratifications of relevant ILO barriers when providing public
and UN treaties, especially by migrant receiving services to older migrants.
countries (see Chapter 4 on Human Rights of
Migrants). As a result, the forces of supply and Source: Madrid International Plan of Action
demand have largely guided migration patterns on Ageing, Report of the Second World
and allocated the labour forces in such a way that Assembly on Ageing. (Madrid, Spain, 8-12
contributes to the tide of irregular migration and April 2002): paragraph 34.
leaves migrants wanting adequate protections.

Regular and irregular migrants’ acceptance of


low wages, dire working conditions and harsh
socio-economic conditions bolsters the link-
ages, whether real or simply perceived, between
migration and job losses, pressure on social pro-
grammes, and threats to public safety.

56
5. Economic Migration

Migration, Social Cohesion and Diversity

“Moving” ©UNFPA
Countries have different approaches to the pre-
sence of migrants on their territory. Some actively
promote integration through assimilation (or “one-
way integration” whereby newcomers renounce
their cultural habits and values in favour of the
culture of the receiving society); others through
a multi-culturalist approach (whereby several
cultures can peacefully co-exist); and others do
not attempt to integrate migrants at all.

From the migrants’ perspective, integration can


be viewed in varying degrees. Migrants may try
very hard to integrate, but face obstacles whether
at the national and/or local levels. Other migrants,
at least initially, are torn by trying to preserve their
own customs. In addition, some migrants have
a strong footing in their home country and/or
belong to a well-established migrant commu-
nity. Indeed, one of the most significant migration
trends of the late 20th century is the emergence
of trans-national communities. In such cases,
integration must be considered in the context of
actively belonging to two different societies.

In 2001, at the WCAR, countries singled out


the need to combat manifestations of a gene-
ralized rejection of migrants and actively dis-
courage all racist demonstrations and acts that
generate xenophobic behaviour. The Durban
Declaration urges States to take measures in
order to foster greater harmony and tolerance
between migrants and host societies, to review facilitating integration and fostering understand-
and revise, where necessary, immigration laws, ing between newcomers and host communities.
policies and practices so that they are free of However, social cohesion is often difficult to
racial discrimination. achieve and maintain, in particular during peri-
ods of economic strain, and/or when migrants
How host communities react to the presence are considered “different” from nationals in their
of newcomers constitutes an essential element cultural habits, religious faith and political be-
in ensuring successful integration. National and liefs. Migration then becomes an extremely sen-
local administrators are generally encouraged to sitive and emotional issue; it is often politicized,
emphasize open and participatory discourse on as politicians play on the fears of the electorate,
societal transformations. Church groups, migrant pitting them against migrants as the source of
associations and NGOs play an important role in their problems and predicament.

57
Meeting the Challenges of Migration

6. Refugee Protection

In 1994, when government officials met at ICPD those most in need, and providing durable solu-
in Cairo, the world counted some 15 million tions to refugee situations.
refugees. Just a few months prior to ICPD, more
than one million Rwandans had fled to what The International Protection Regime
was then Zaire, in one of the fastest and largest
refugee movements ever seen. Reflecting the As of February 2004, 145 States were parties to
continued concern for the plight of refugees, one or both the 1951 Geneva Convention, rela-
the ICPD PoA States: “Governments should ting to the Status of Refugees, and the 1967
address the factors that contribute to forced Protocol.123 These instruments provide the ba-
displacement and strengthen their support for sis for the international protection of refugees.
international activities to protect and assist refu- Although the 1948 Universal Declaration of
gees…Adequate international support should Human Rights affirmed the individual’s right to
be extended to countries of asylum to meet seek and enjoy asylum, States have nevertheless
the basic needs of refugees and to assist in the maintained their sovereign rights to grant asylum
search of durable solutions.”121 to those seeking it. There is no mention in the
1951 Convention of a ‘right to asylum.’124 Yet this
international framework does afford those who
«Just a few months prior to ICPD, flee dangerous and life threatening situations a
level of protection previously not enjoyed.
more than one million Rwandans had
fled to what was then Zaire, in one The word ‘refugee’ is a term of art, a term with
content verifiable according to principles of ge-
of the fastest and largest refugee neral international law. In its ordinary usage it
movements ever seen» has a broader and looser meaning signifying
someone in flight, who seeks to escape condi-
tions or personal circumstances found to be in-
The world currently counts 9.7 million people tolerable.125 States have rested upon a relatively
who have fled their homes in need of inter- restrictive interpretation of the term ‘refugee’
national protection. The total number has and identified specific criteria for identifying
witnessed a sharp decrease over the last two those who benefit from refugee status, asylum
years, including a 10 per cent decrease bet- or local protection. With determination of status
ween 2002 and 2003.122 In order to ensure comes internationally recognized protection.126
that refugees receive adequate protection, the
international community works under the gui- Under the 1951 Convention, a refugee is a
dance of UNHCR, the principle body dealing person who as a result of a well-founded fear of
with refugee protection. Such safeguards in- being persecuted for reasons of race, religion,
clude strengthening legal protection for persons nationality, membership of a particular social
fleeing persecution, enhancing assistance to group or political opinion, finds himself or her-

58
6. Refugee Protection

self outside his/her country of nationality and is international protection receive it. As stated by
unable or unwilling, owing to such fear to avail the Director of UNHCR’s Department of Inter-
him/herself of the protection of that country; or national Protection, “The Global Consultations
who, not having a nationality and being outside reflect[ed] the heightened recognition over the
the country of his/her former habitual residence, years of the fact that the refugee problem is an
as a result of such events, is unable to return. international one and that crafting responses
Crucial to this definition is the fact that interna- to address many of today’s issues is best ap-
tional protection regimes do not apply unless proached on the basis of multilateral coopera-
the individual has moved across an international tion, fully informed by the protection concerns at
boundary. This definition has been developed by stake, as well as the dilemmas and challenges
a number of regional instruments. Most notably in addressing them in all regions.”128
in the 1984 Cartagena Declaration on Refugees
and the Organization of African Unity (OAU)
1969 Convention on the Specific Aspects of
Refugee Problems in Africa. The latter extends
«States have rested upon
the definition to every person who leaves his ha- a relatively restrictive
bitual place of residence or country of nationa-
lity, owing to external aggression, occupation, interpretation of the term
foreign domination or events seriously disturb- refugee and identified specific
ing public order. The Cartagena Declaration
further enlarges the concept by including per- criteria for identifying those
sons who have fled their country because their
lives, safety or freedom have been threatened by
who benefit from refugee status,
generalized violence, foreign aggression, inter- asylum or local protection»
nal conflict, massive violations of human rights
or other circumstances, which have seriously
disturbed public order. More recently the term The Agenda for Protection, adopted in June
environmental refugee has been used to des- 2002, and resulting from the Global Consulta-
cribe a person who has been displaced across tions, emphasizes this need for greater multi-
an international border as a result of some envi- lateral cooperation. It constitutes the first com-
ronmental disaster or degradation.127 prehensive framework for global refugee policy,
and combines six goals and numerous objectives
In 2000, UNHCR launched the Global Con- with suggested activities to strengthen refugee
sultations on International Protection in order protection.129 Among these, are multilateral “spe-
to promote the full and effective implementa- cial agreements”130 or “Convention Plus” agree-
tion of the 1951 Refugee Convention and to ments to complement the Refugee Convention.
develop complementary new approaches, tools These agreements would facilitate multilateral
and standards to ensure that those in need of commitments thereby clarifying the apportioning

59
Meeting the Challenges of Migration

“Providing Protection” ©UNFPA

of responsibilities, promoting a better sharing


of responsibilities by States and maintaining a ‘Strategic Framework for Migration
constructive dialogue amongst all concerned.131 Policy’ for Africa
Though no formal agreement has yet been
concluded, different issues have already been On migration and refugee policy, in January
identified as lending themselves to special 2003, based on the African Union (AU)133
agreements that include: how to ensure better request, IMP assisted in the develop-
responses to mass influx; how to target deve- ment of a draft Plan of Action towards the
lopment assistance to achieve more equitable emergence of a ‘Strategic Framework for
burden-sharing and to promote self-reliance of Migration Policy’ in Africa. This document
refugees; and how to establish multilateral com- highlights priorities in migration and refugee
policy for the Continent. It was endorsed
mitments for resettlement.132
by African governments as a blueprint for
future action in these areas at the IMP
Some current regional efforts complement
Follow-up Conference to the International
the objectives of the Agenda for Protection. In
Migration Policy Conference for East Africa,
Africa, for instance, where refugee flows pose
the Horn of Africa and the Great Lakes
serious challenges, a Comprehensive Imple-
Region in Addis Ababa, in June 2003.
mentation Plan (CIP) for protection of refugees
in Africa was endorsed by the OAU Council of
An updated version of this document was
Ministers in 2000. Composed of several action- presented at the meeting of the Labour
oriented recommendations it aims at ensuring and Social Affairs Commission of the AU
the effective protection of refugees, focusing in Cotonou, Benin, in April 2004.
in particular on addressing the root causes of
refugee flows in Africa, enhancing refugee pro-
tection and national protection capacities, and
finding durable solutions.

60
6. Refugee Protection

Challenges to Ensuring Protection (whether the traffic of arms, drugs or the smug-
gling of persons) has reduced the number of
Despite continued international and regional persons who are granted asylum in what are still
efforts that focus on the plight of refugees, considered major asylum countries.
ensuring their protection is often difficult to at-
tain. This remains true because the granting of In addition, security considerations following the
asylum is effectively based on States’ preroga- terrorist attacks on 11 September 2001 in the
tive and is a matter within their sole domestic US have resulted in significant challenges to
jurisdiction. This is often further complicated by protecting refugees. In particular, discriminatory
local conditions particularly where refugees find policies targeted towards asylum-seekers from
themselves in countries with limited financial specific regions and adopted in destination
and material capacities to provide for them. countries have been criticized by human rights
groups as people are detained under inhumane
In recent years, factors adding to the complexity living conditions, sometimes for several years.136
of refugee protection include the “migration asy-
lum nexus” reflecting a growing awareness that Protracted Refugee Situations
it is increasingly difficult to distinguish between
forced and voluntary migration, and reduced Protracted refugee situations represent par-
access to asylum systems due to heightened ticular challenges for the international commu-
security considerations. nity. At ICPD+5, two main issues were identi-
fied as requiring special attention: providing
States have responded to increases in interna- assistance to countries hosting a protracted
tional migration flows by implementing restric- presence of refugees and the needs of refu-
tive immigration and strengthening border con- gee women and children.
trol policies, which have reduced the possibilities
of legal entry. As a result, significant numbers Refugees can be regarded as being in a pro-
of both economic migrants and refugees are tracted situation “when they have lived in exile
using similar modes of travel and methods of for more than five years, and when they still
entry, reflected in part through expanding and have no immediate prospect of finding a durable
increasingly sophisticated smuggling and traf- solution to their plight by means of voluntary
ficking rings (See Chapter 7 on Trafficking).134 repatriation, local integration or resettlement.”137
One consequence of this growth in irregular These situations can be frequently identified,
migration is the progressive undermining of but they are particularly common on the African
asylum systems. Most alarming is the notion Continent, where around 3 million people find
that international protection based on persecu- themselves under these conditions. Examples
tion of individuals unable to avail themselves of protracted refugee situations in Africa include
of their own State’s protection, has lost much Liberian refugees in Ghana and in Côte d’Ivoire,
of its humanitarian appeal.135 Furthermore, the Somali refugees in Kenya, Djibouti, Ethiopia and
link between mobility and international crime Yemen, Sahrawi refugees in Algeria, Sudanese

«One consequence of this growth in


irregular migration is the progressive
undermining of asylum systems»

61
Meeting the Challenges of Migration

refugees in Uganda, Kenya, Chad and Ethiopia, themselves trapped in camps for many years.
Angolan refugees in Zambia, Burundi refugees Despite successes in repatriating refugees in
in Tanzania, Eritrean refugees in Sudan and some regions, many are unable to make the
Sierra Leonean refugees in Guinea. journey home because of continued security
fears, or lack of capital or because they are too
For various reasons, protracted refugee situa- old, too young or too sick. These “residual case-
tions often seem to be intractable. Armed con- loads” are more than not left behind and become
flicts, often lasting many years, frustrate the re- trapped in the limbo of a protracted situation.
patriation process. As repatriation is often seen
as the favoured solution138 (as opposed to local While most refugees face immeasurable hard-
integration or resettlement), refugees can find ship, persons living in protracted situations
“Waiting to go Home” ©UNFPA

62
6. Refugee Protection

endure particularly difficult living conditions for luntary repatriation and thus address protracted
extended periods of time. This has both short situations. In conceiving poverty reduction pro-
and long-term consequences for them. Camps grammes and development projects, the Agenda
are often located in remote, insecure, socially for Protection calls on States to include refugee-
and economically marginalized areas. Refugees hosting areas in their development plans.141
tend to suffer from increased poverty and are
confronted with situations of physical insecu-
rity, attacks or recruitment by armed elements, «Refugees who led a productive life
tension with local host communities, and other in exile, received an education and
types of violence. Refugees often face limited
freedom of movement, limited right to education, developed practical skills may be
limited civil and political rights, and limited legal
rights. They also are habitually given access
better prepared to return home and
to unproductive (if any) land139 and have only contribute to the reconstruction of
very limited employment opportunities. Given
the high levels of deprivation, refugee camps their home country»
often are characterized by tension and violence.
Finding themselves without freedom of move- Furthermore, more immediate measures can be
ment and only limited economic and educational undertaken to enhance refugee capacities and
opportunities, and progressively losing the hope benefit host countries. Research undertaken by
of finding a solution to their plight, young male UNHCR encourages a move away from a mini-
refugees, in particular, are prone to engage in mum standards strategy (i.e., providing security,
various forms of delinquent behaviour, exposing shelter, water, food, health and sanitation) to an
the refugees to greater risks and hardships. essential needs strategy (providing elements
required to lead a safe and dignified life, which
Strategies to Address Protracted go beyond minimum standards). This strategy in-
Refugee Situations cludes minimum protection and assistance stan-
dards, as well as measures to improve the quality
Long-term strategies to tackle protracted refu- and standard of life within camps and to provide
gee situations include conflict prevention, con- refugees with a greater degree of control over
flict resolution, poverty reduction programmes their affairs, such as income-generation, com-
and development projects. In highlighting these munity self-management programmes, and other
objectives, the Agenda for Protection calls on “self-reliance pending return” programmes.
States, intergovernmental organizations and
UNHCR to give greater priority to dealing with The Agenda for Protection calls on States and
the root causes of refugee movements. It en- UNHCR to consider ways to enable refugees
courages support for the UN’s work on conflict to use their skills and capacities, in recognition
prevention, conflict resolution, peace-keeping that empowered refugees are better able to
and peace-building in war-torn States.140 It in- contribute to their own and their communities’
dicates that more intensive mediation should protection. It recognizes the need to consider
be undertaken by regional organizations such expanding possibilities for education, vocational
as the AU, as well as by States which have an training, agriculture and other income-genera-
influence in the conflict-affected countries. It ting programmes, benefiting men and women
points to how reconstruction of countries in post equitably.142 At the IMP meeting for East Africa,
conflict situations can be a way of facilitating vo- the Horn of Africa and the Great Lakes Region

63
Meeting the Challenges of Migration

in June 2003, African States recommended Vulnerable Groups


adopting measures to enhance self-sufficiency
of refugees residing in camps, including granting At ICPD +5, participants recognized that wo-
rights to employment, access to land, freedom of men, children and the elderly often comprise the
movement and other social-economic rights; and majority of refugees in camp populations. They
ensuring that refugees have access to education often face higher risks for malnutrition, infec-
in order to facilitate their eventual (re)integration tious diseases, physical and sexual exploitation,
into host and/or home communities.143 discrimination and neglect. Consequently, the
ICPD PoA emphasized that special attention
must be given to vulnerable groups’ specific
«education, training and literacy needs, and that adequate international sup-
programmes for all refugees must port was necessary to meet the basic needs of
refugees including the provision of and access
be seen as vital and as second only to adequate accommodations, education, pro-
to the provision of food and tection from violence, health services and other
basic social services. The Agenda for Protection
health-care» also acknowledges these vulnerable groups,
by calling on States to meet protection needs
Refugees who led a productive life in exile, of refugee women and children and to ensure
received an education and developed practical that emergency responses to mass influxes
skills may be better prepared to return home and include community-based activities addressing
contribute to the reconstruction of their home the specific protection needs of refugee women
country than those who have lived in camps for and children.145
years, surviving on minimal levels of humanita-
rian assistance. Therefore education, training Women: In most regions of the world, women
and literacy programmes for all refugees must and girls constitute between 45 and 55 per cent
be seen as vital and as second only to the provi- of the refugee population. Modern-day warfare
sion of food and health-care. Refugees and host has witnessed heightened levels of gender-
countries involved in protracted situations could based and sexual violence. According to a report
potentially capitalize on this otherwise wasted by the UN Secretary-General in 2002, contem-
opportunity. Refugees who are placed in situa- porary conflicts are often characterized by “rape,
tions of economic constraint could clearly benefit forced impregnation, forced abortion, trafficking,
from a more comprehensive strategy, and host sexual slavery and the intentional spread of
communities, who miss an opportunity to profit sexually transmitted infections (STIs), inclu-
from the diverse skills and knowledge base refu- ding HIV/AIDS.”146 Indeed, given the widespread
gees bring with them, could also benefit. violence against refugee women and girls,
UNHCR’s 2002 Guidelines on International
Finally, to address protracted refugee situations, Protection on Gender-Related Persecution as-
the international community in accordance with sert that “even though gender is not specifically
the burden sharing commitment, can enhance referenced in the refugee definition, it is widely
resettlement opportunities, at least for refugees accepted that it can influence, or dictate, the
where voluntary repatriation is not an option. For type of persecution or harm suffered” and con-
example, this has been done over the last years sequently “the refugee definition, properly inter-
with thousands of Sudanese “lost boys” and preted . . . covers gender-related claims.”147
Bantu Somalis, resettled in the US.144

64
6. Refugee Protection

In addition to the core public health interven- notably, violence associated with the recruitment
tions for all refugees (e.g., water, food, sani- of child soldiers. Consequently, their status as
tation, shelter, preventive and curative care), children, particularly if they are separated from
the RH needs of women and adolescent girls their families, has increasingly been recognized
must be addressed to reduce maternal mor- as a basis for persecution and has engendered
tality and morbidity, unwanted pregnancies, efforts on the part of the international commu-
unsafe abortions, and to prevent STIs/HIV/ nity to provide child refugees with greater levels
AIDS. Moreover, as many households become of protection. Specifically, in February 2004, the
headed by women due to the breakdown UNGA resolved that “unaccompanied refugee
of family and social networks, women and minors are among the most vulnerable refugees
girls may be forced to offer sex in exchange for and the most at risk of neglect, violence, forced
food, shelter or protection. Thus, specific mea- military recruitment, sexual assault, abuse and
sures to prevent and manage consequences vulnerability to infectious disease, such as hu-
of gender-based violence are required. These man immunodeficiency virus/acquired immuno-
include ensuring that basic services and facili- deficiency syndrome, malaria and tuberculosis.”
ties in the camp are located in easily accessible Moreover, it noted that “the ultimate solution to
places so that women are not vulnerable to at- the plight of unaccompanied minors is their re-
tack; improving lighting in the camp; monitoring turn to and reunification with their families.”149
the nutritional status of women (to identify po-
tential problems in food distribution); consulting
with refugee women about the type and location
«contemporary conflicts are often
of water points and about the means of collect- characterized by “rape, forced
ing fuel for cooking and heating; involving refu-
gee women in the design of health programmes impregnation, forced abortion,
to guarantee that women have equal access to trafficking, sexual slavery and the
health services; and guaranteeing that women
have equal access as men to educational intentional spread of STIs, including
programmes and to programmes designed to
increase economic self-sufficiency.148 In terms
HIV/AIDS”»
of providing long-term care for refugee women
and girls, specific programmes include: educa-
tion and awareness campaigns to reduce the
threat of exploitation and facilitate reintegration
and initiatives aimed at advancing equal rights to
housing, property and land restitution.

Children: Children fleeing their homes in search


of refuge comprise about half of the world’s refu-
gee population. The percentage of children who
are refugees, as part of the total refugee popu-
“Family in Exile” ©UNFPA

lation, ranges from 57 per cent in Central Africa


to 20 per cent in Central and Eastern Europe.
Their exacerbated vulnerability, in the wake
of social and political instability, renders them
prime targets for age-specific violence, most

65
Meeting the Challenges of Migration

In protecting children in refugee camps, it is im-


“Older Generation Left Behind” ©Liv Halperin portant to ensure that they have access to drink-
ing water, shelter, basic health-care and that
they receive adequate quantities of nutritious
food. The International Symposium on Post-
Primary Education for Refugees and IDPs held
in Geneva in 2002, emphasized that although
access to primary education is absolutely crucial
for refugee children, more and better post-pri-
mary education also is an urgent necessity in
camps. Only a very small percentage of refugee
children go to secondary school and have the
opportunity to participate in vocational training
programmes.150

Elderly: As stated by the former High Commis-


sioner for Refugees, Sadako Ogata, in 1999,
older refugees have been invisible for too long.
Based on 2002 figures, refugees above 60
years of age constituted more than 15 per cent
of the refugee population in Eastern Europe
and the Balkans; in Africa they have generally
represented less than 5 per cent. At the Second
World Assembly on Ageing in Madrid 2002, it
was recognized that older refugees of different
cultural backgrounds growing old in new and
unfamiliar surroundings are often in special need
of social networks and extra support. It called for
efforts to ensure their physical access to such
services, and for a more targeted inclusion of
older refugees in all aspects of programming
and implementation.151

Moreover, measures to protect elderly persons,


thereby avoiding chronic dependency, should in-
corporate strategies that ensure older refugees
are included in education, training and income-
generating activities, both as recipients and as
providers, and in giving special attention to their
health. UNHCR has found that older refugees
can best be assisted within overall protection
programmes closely tied to the context of fa-
mily and the community rather than through the
establishment of separate services.152

66
6. Refugee Protection

Women Refugees in Cairo: As a consequence of this delay in the reset-


In a Class of their Own tlement process, the need for these refugee
women to adapt to a new environment and
For many of the 3,400 Sudanese refugee improve their living conditions has driven the
women struggling through the tiresome need for provision of training programmes.
rhythm of Cairo life, their daily routine re- For the refugee women, the classroom is not
volves around surviving the wounds of the just a place to learn but also a place to meet
past, sustaining a basic living, and anticipa- other women in the same situation. Asked
ting a better future. This routine may now, at about her reasons for enrolling in the cour-
last, begin to change. ses, one refugee woman, stated, “Besides
learning, this is the best way to know that
The Sacred Heart Church in Sakakini, east you are not alone in this very difficult situa-
of Cairo, has started a refugee women’s tion.” She adds that learning English pro-
training centre within its Adult Literacy vides her with greater prospects, especially
Programme. The formal education and in other countries.
training programme offers sewing, beauty,
English and Arabic classes, plus courses on For the teachers, who are recruited from
primary health and computer skills. within the refugee community, this is their
best chance to help other refugees while
The initiative is especially important for refu- simultaneously helping themselves. Tania, a
gees who see no durable solution to their Sudanese refugee with a Master’s degree
plight in the near future. For refugees in in Business Administration and an excellent
Cairo, as with refugees elsewhere, it takes command of English, says, “I’d rather teach
time for UNHCR to determine their status. In English to other refugees than continue
some cases, resettlement to the US, Canada, working as a house help.”
Australia or other destinations can take up
to two years. In general, resettlement to the The salaries the training centre pays are
west has become a longer process after the minimal, but they constitute the sole income
11 September, 2001 attacks on the US. for many of the refugee women.

Meanwhile, many of the Sudanese refugee The courses are almost free, but a minimum
women work without authorization as do- charge is requested. For the organizers, the
mestic help in the houses of middle- and most difficult task is not just to start the pro-
upper-class Egyptians, competing in a labour ject, but to ensure it is sustainable as well to
market that includes hundreds of thousands keep the women participating and enthusias-
of Egyptian women. With a monthly salary tic about it.
averaging 90 to 150 USD, these jobs give
the refugee women the opportunity to survive
economically. However, the high costs asso- Source: (Excerpts from) Fikry, Hanzada
ciated with formal training in private schools, (UNHCR), “Women Refugees in Cairo: In a
for courses such as English-language train- Class of their Own.” Behind the Headlines
ing, make it impossible for them to enroll. (Cairo, Egypt, 4 April 2003).

67
Meeting the Challenges of Migration

7. Human Trafficking

Trafficking today is often characterized as a countries to “prevent all international traffick-


modern form of human slavery. Alarmingly, the ing of migrants” and “adopt effective sanctions
number of trafficking victims, especially women against those who. . . engage in trafficking,” es-
and children, are multiplying due to factors that pecially for cases involving women and children.
include poverty, war, social disruption, natural An important development, however, is that at the
disaster and the status of women and girls in time of the Cairo Conference, the legal distinc-
certain societies. According to some estimates, tion between “trafficking” and “smuggling” had
between 600,000 and 800,000 men, women, not yet been established in international law.
and children are trafficked across international
borders each year.153 This figure does not ac- It would be another six years after ICPD, be-
count for the large number of people trafficked fore the UN Convention against Transnational
within countries. Trafficking victims fall prey to Organized Crime would be signed by States,
international criminals who reap profits estima- and would include three protocols, two of which
ted to be in the region of 9.5 billion USD an- deal directly and exclusively with trafficking and
nually, making trafficking in humans the third smuggling. These are the Protocol to Prevent,
Suppress and Punish Trafficking in Persons,
Especially Women and Children156 and the
«According to some estimates, Protocol Against the Smuggling of Migrants by
between 600,000 and 800,000 men, Land, Sea and Air157—which entered into force in
December 2003 and January 2004 respectively.
women, and children are trafficked As a result of these instruments it is no longer ac-
curate to use the terms “trafficking” and “smug-
across international borders gling” interchangeably as was done in 1994.
each year»
Smuggling refers to assisting illegal entry into
top revenue source for organized crime, after another country in exchange for financial gain.
trafficking narcotics and arms.154 These profits While trafficking also may be initiated by an
come at a heavy human cost; many victims suf- individual’s request for assistance in passing to
fer extreme violence, illnesses and diseases, and another State where s/he has no right of resi-
irreparable physical and psychological harm. An dence, trafficking is distinct in that it is driven by
estimated 80 per cent are female and 70 per the motive to profit from an individual’s labour
cent of those females are trafficked for pur- and to force them into slavery-like conditions or
poses of sexual exploitation.155 involuntary servitude. A trafficked person also
may enter a country legally but become an il-
Though human trafficking has gained greater legal resident after his or her visa expires. Most
attention in the last half decade, participants in often, a trafficked person is coerced, abducted,
Cairo were already concerned with this pheno- deceived or otherwise induced into the traf-
menon. In Chapter X, the ICPD PoA calls on ficking chain. Importantly, while the ICPD PoA

68
7. Human Trafficking

makes specific references to prostitution as a them to adopt appropriate national, bilateral and
dominant reason for trafficking, trafficking may multilateral measures to prevent the abduction,
also result in other forms of exploitation that are sale or trafficking of children for any purpose or
non-sexual in nature. in any form.164

Frequently, trafficked victims are moved to an Causes of Trafficking


alien environment, often to another country, to
a place where they know no one nor speak the Trafficking often results from one or a combina-
language. Being in an unfamiliar and insecure tion of the following:
environment, they are extremely vulnerable.
Children are even more vulnerable. Importantly, Poverty and Underdevelopment: The most pre-
the criteria for trafficking in children, stipulated valent cause of trafficking is the systemic and
in the Trafficking Protocol, is less stringent as enduring poverty in countries of origin. In some
the element of force or coercion is not need- cases, being trafficked is seen as a last chance
ed– simply that the child has been recruited, to flee misery, to be able to feed one’s children
transported, harboured or received with the or assist one’s parents. A recent study in the
intent to exploit. Balkan region indicates that over 85 per cent of
women trafficked out of some countries is due
In addition to the Trafficking Protocol, other to low salaries and scarce employment opportu-
human rights instruments also contain provi- nities found at home.165
sions to prevent trafficking. CEDAW158 requires
States to “take all appropriate measures, inclu-
ding legislation, to suppress all forms of traf- «A recent study in the Balkan
fic in women and exploitation of prostitution
of women.”159 Measures include “modifying the
region indicates that over 85
social and cultural patterns of conduct of men per cent of women trafficked
and women” in order to eliminate all practices
based on the idea of “superiority or inferiority of out of some countries is due to
either of the sexes”160 and “to eliminate discrimi- low salaries and scarce
nation against women in order to ensure to them
equal rights with men in the field of education,”161 employment opportunities
encouraging the equality between women and
men before the law and on every national legal
found at home»
matter (civil, contracts, freedom of movement
and residence).162 The CRC prohibits economic, War and Social Disruption: War contributes to
sexual and all other forms of exploitation. In ad- the increased vulnerability of women and chil-
dition, the CRC encourages States to combat dren. As has been observed in Liberia, Sierra
illicit transfer of children abroad163 encouraging Leone and Colombia children often can be re-

69
Meeting the Challenges of Migration

cruited into militia and armed forces against their Combating Trafficking
will. Women in this context can also lose their
usual forms of protection exposing them to lures Most recently in April 2004, the UN Human
of false promises and job opportunity abroad. Rights Commission appointed a Special
Rapporteur on trafficking in persons, especially
Overcrowded refugee camps have become an women and children. The Special Rapporteur is
emerging black market for the trade in women. responsible for gathering and sharing informa-
According to an IOM study on trafficking in the tion, reporting to the UN Commission on Human
Republic of Armenia, for example, displaced eth- Rights, and advising governing bodies on anti-
nic Armenian refugee populations have provided trafficking programmes.
a steady supply of women, desperate to secure
opportunities abroad.166 The Trafficking Protocol delineates a compre-
hensive international response to trafficking
Status of Women: National laws often place that includes measures relating to prevention,
women at a greater risk of abuse and vio- prosecution and protection:
lence. In many countries, women (and girls) do
not have full legal status or are considered as PREVENTION: In the area of prevention, the Pro-
minors in customary, religious or secular law. tocol encourages measures aimed at: strength-
Discrimination against women is still widespread ening, or in some cases adoption of, national
because of traditionally patriarchal societies, anti-trafficking legislation; increased sharing of
cultural acceptance of violence against women, information on trafficking; targeted information
and the stigmatization of prostitution. In some and awareness campaigns to educate vulner-
countries, women and girls are vulnerable to able constituencies; and coordination amongst
abduction and forced marriages, being sold by authorities to counter trafficking threats.
families for debt alleviation, exchanged for dis-
pute settlements, and kidnapped for domestic Legislation. Countries around the world are
and sexual servitude.167 adopting counter-trafficking legislation. Others
are strengthening their legislation to ensure
Notwithstanding a growing awareness of traf- protection for trafficking victims and prosecution
ficking, and increased efforts to combat the of traffickers. Legislation is progressively being
trade, there remains a deficiency in the public adopted in the context of National Action Plans
policy framework to adequately address such to combat trafficking.
abhorrent practices. Immigration laws in several
countries treat victims of trafficking as illegal Information Sharing. Part of prevention comes
immigrants, who, lacking the proper immigration from increased information on trafficking routes,
papers are subjected to fines and imprisonment. traffickers and trafficking victims’ profiles.
Moreover, many trafficked individuals also face Countries, and in particular law enforcement
criminal charges associated with the types of ac- agencies, are encouraged to share in a timely
tivities in which they are forced to engage, such manner vital information on trafficking so as to
as prostitution. Criminalizing trafficking victims apprehend traffickers.
exacerbates their trauma and fails to provide
them with needed protection. National authori- Information Campaigns. Information campaigns
ties, including the police and border authorities, are considered a critical element in prevention
are often ill-informed of the special status that strategies. Attempts are made to target the most
should be afforded to victims of trafficking. vulnerable groups and to inform them of the dan-

70
7. Human Trafficking

gers of trafficking. For example, in Kyrgyzstan, upon the particularly vulnerable. Such groups
IOM has developed an identity document which have managed to thrive and create sophisticated
also provides information on the dangers of be- channels of irregular migration caused by the
ing trafficked, directs potential victims towards market demand for trafficking. Measures target-
contacts in the event that they are caught in a ing trafficking groups are essential to bringing
trafficking ring, and encourages potential victims traffickers to justice, including those designed to
to verify the authenticity of employment contracts enhance cooperation between law enforcement
prior to departure for a foreign land. entities. In the Balkans, for example, a region
considered to be a major hub for trafficking of
Coordination Amongst Authorities. Coordination human beings to Western Europe, the Stability
amongst law enforcement authorities is consi- Pact for South Eastern Europe, an organization
dered critical to reducing incidents of trafficking. of more than 40 countries and organizations,
In March 2004, the first North Atlantic Treaty developed a taskforce to combat trafficking in
Organization (NATO) conference on trafficking human beings.
in persons was held to develop strategies for
developing a common policy against trafficking A recent study points to the challenges of en-
in persons. International and regional bodies, suring that traffickers are prosecuted, over and
including IOM and Interpol, provide assistance above ensuring proper legislation is in place and
in this regard. that authorities are working to catch traffickers
and put them behind bars. The report describes
PROSECUTION: The Trafficking Protocol en- how victims of trafficking can develop an emo-
courages measures that aim to: criminalize traf- tional attachment to their trafficker; and feel that
ficking; create penalties that take into account they face a lack of alternatives due to the situa-
the grave nature of these offences; and, promote tion in which they find themselves.169
the investigation, prosecution and conviction of
traffickers. In addition, the Protocol extends res-
ponsibility to persons who commit, co-conspire, «The right to protection for trafficked
or direct other persons to commit trafficking. persons is often still a source
More specifically, prosecution measures should
promote: of controversy»
Anti-Trafficking Legal Instruments: National PROTECTION: Equally important to counter-
laws specifically criminalizing trafficking are trafficking strategies is the assistance and
essential to the prosecution of traffickers. In protection of victims. The right to protection for
addition, measures encouraging States to ratify trafficked persons is often still a source of con-
the Protocol to Prevent, Suppress and Punish troversy. It can be and often is challenged, for ex-
Trafficking in Persons, Especially Women and ample, on the grounds that the person knew that
Children and other human rights instruments are s/he would be employed in the sex entertainment
crucial to the fight against trafficking. So far, 64 industry and or as a prostitute. While in practice
States have ratified the Trafficking Protocol.168 this often leads trafficked persons to be charged
and treated as criminals, the Trafficking Protocol
Improved Detection of Criminals: Trafficking is nevertheless stipulates that consent of the victim
organized by clandestine criminal groups, varying to be trafficked is not relevant to the protection
greatly from loose associations of amateurs to in- that s/he must be accorded by a State.
ternationally structured organizations. They prey

71
Meeting the Challenges of Migration

In particular, the Trafficking Protocol enumerates Temporary Residence Permits: Temporary resi-
the following protections for victims: privacy; dence permits are considered a positive step in
information and assistance relating to proceed- the protection of victims of trafficking. Allowing
ings; provisions for physical, psychological, and trafficked victims to remain in the country where
social recovery; recognition of particular needs they find themselves permits time for rehabilita-
specific to age and gender; physical safety; tion assistance, time to recuperate, and also in
measures to avoid immediate deportation; and some cases, time to assist in the prosecution of
safe repatriation.170 traffickers by acting as witnesses. Despite their
benefits, temporary residence permits are rarely
Availability of Shelters: The Trafficking Proto- granted to victims of trafficking. Some countries,
col calls on States to consider implementing however, including the Netherlands, Italy and
measures that provide appropriate housing for Belgium, do grant residence permits to victims
victims.171 Worldwide, shelters have been proli- of trafficking under certain conditions. Yet, in
ferating, not only providing victims with a venue some cases, these countries provide temporary
to seek help, but also rehabilitation and reinte- residence permits in exchange for an agreement
gration services including counselling, medical, to cooperate with law enforcement and provide
legal and vocational assistance. testimony against traffickers during criminal tri-
als. The EU has been grappling with this issue
since the late 1980s and has adopted several
resolutions which specifically deal with the provi-
sion of residence permits for trafficked persons.
One of the resolutions, adopted in 2000, calls
on countries to provide victims with residence
permits even if they choose not to testify against
their traffickers.172

Witness Protection Programmes: Due to the


brutality of the traffickers, witness protection
for victims who choose to testify is generally
considered essential. Witness statements and
witness protection provides victims with the
opportunity to apply for permanent residence,
diminishes fear of immediate deportation, and
can encourage cooperation in prosecuting traf-
fickers. However, tying witness protection to the
issuance of residence permits is also a source of
controversy. Some advocates for victims’ rights
perceive the conditionality tied to such assis-
tance as discriminatory, and worse, as a source
“Keeping Safe” ©Liv Halperin

of double victimization. Victims may be coerced


into testimony, yet also may fear for the security
of their family members if they testify.

Reintegration of Victims at Home or in Other


Communities: Regardless of whether victims

72
7. Human Trafficking

“Sharing Vital Information” ©UNFPA


remain in the host country or return home,
victims need assistance in re-establishing their UNFPA Focus on Gender
lives. This involves facilitating victims’ access to and Health Aspects of Trafficking
reparation and other services. Ideally, reintegra-
tion assistance can include vocational training in Although some lucky women are able to
sectors that are in high demand. escape their horrendous ordeal, they often
find themselves subject to great psycholo-
Health: Many victims desperately need access gical trauma. UNFPA is taking an increasing
to health services. Victims often require treat- interest in the health of trafficking victims.
In 2002, UNFPA organized a Consultative
ment for harm incurred as a direct consequence
Meeting on Trafficking in Women and
of the difficulties they faced during their journey,
Children in Bratislava, Slovak Republic.
the working conditions they endured at destina-
Thirty countries from all regions including
tion or even at transit points, and the permanent
government and NGO representatives, UN
psychological and physical coercion they suf-
agencies and others participated in the
fered. Common problems of trafficking victims
meeting, which inter alia, sought to build a
include substance abuse, violence, occupational
common understanding of trafficking issues
illness, psychological illness and communicable and their impact on RH and rights; identify
diseases. In addition, many trafficking victims approaches, methods and good practice in
working in the sex industry contract sexu- tackling these issues; and identify UNFPA’s
ally transmitted diseases (STDs), including HIV/ comparative advantages, as well as
AIDS. This is particularly problematic because possible partners, for implementing
the spread of HIV/AIDS further exacerbates the action at the country level.
trafficking problem. Misinformation, such as the
belief that sexual intercourse with virgins cons- Source: UN Population Division,
titutes a cure for HIV/AIDS, contributes to the Department of Economic and Social
trafficking of young girls, including babies and Affairs., UNFPA Support Activities in the
small children. For this reason, recent efforts to Area of International Migration, Second
address the health of trafficking victims have in- Coordination Meeting on International
cluded a focus on prevention through education Migration, United Nations,
and awareness campaigns. 15-16 October 2003.

73
Meeting the Challenges of Migration

8. Internal Migration

Internal migration refers to the movement of Migration of ICPD’s PoA states that this objec-
persons within national boundaries, such as tive can be realized “by promoting in an inte-
voluntary movements from rural to urban areas grated manner the equitable and ecologically
for purposes of capitalizing on greater economic sustainable development of major sending and
opportunities. It is induced by a complex matrix receiving areas, with particular emphasis on the
of economic, social, environmental and demo- promotion of economic, social and gender equity
graphic “push” and “pull” factors which compel based on respect for human rights, especially
people to migrate from one place to another in the right to development.”174 Furthermore, par-
search of new homes, safer communities and ticipants were concerned with protecting IDPs
more promising livelihoods. as their experiences are wrought with grievous
human rights violations. The PoA specifically
calls upon States “to offer adequate protection
«Since the Cairo Conference, the and assistance to persons displaced within
international community has taken their country… and to find solutions to the root
causes of their displacement in view of preven-
important steps towards addressing ting it and, when appropriate, to facilitate return
or resettlement.”175
the problem of IDPs»
Since the Cairo Conference, the international
It includes forced movements stemming from community has taken important steps towards
environmental degradation, development, and addressing the problem of IDPs. Notably, the Of-
conflict. In particular, nearly 25 million individuals fice of the UN Special Representative on Internal
are currently displaced due to conflict, and are Displacement elaborated Guiding Principles on
scattered throughout more than 50 countries.173 Internal Displacement (1998), which constitute
Many would be entitled to the legal and humani- a framework for protection and assistance to
tarian assistance and protection afforded to IDPs and have served to raise international
refugees if they were to cross an international awareness of the severity and magnitude of the
border and seek sanctuary in another country. displacement crisis worldwide.
However, these IDPs remain within the borders
of their own country, at the mercy of their own More broadly, the management and understand-
government, warring sides and other controlling ing of internal migration processes has become
authorities, and oftentimes beyond the reach of a priority for national and international policy
international agencies. makers because of its widely recognized impli-
cations for development. To this end, 189 coun-
Participants at the Cairo Conference recognized tries signed the Millennium Declaration (2000),
that a balanced spatial distribution of population which recognizes the importance of population
is critical to ensuring sustainable economic de- stabilization to an array of development issues
velopment. In particular, Chapter IX on Internal and serves as the basis for the eight MDGs, re-

74
8. Internal Migration

lating to, inter alia, poverty alleviation, economic of Shanghai reached 20 million inhabitants, fuel-
development, gender equality and environmen- led by the arrival of 3 million internal migrants
tal sustainability. Moreover, one year later, the that year alone.178
UNFPA’s State of World Population Report
emphasized that changes in the size, growth As stated in the ICPD PoA, urbanization is an
rate and distribution of populations significantly “intrinsic dimension of economic and social de-
impact development and prospects for achieving velopment” and reflects the rational decisions of
the MDGs. It specifically underscored the effect millions of internal migrants worldwide to “seek
of demographic changes on the environment new opportunities in life” in the cities. Cities are
and social development and called for actions magnets of economic growth and natural focal
aimed at improving the lives of individuals, such points for cultural, social and political develop-
as fully implementing the ICPD PoA, encoura- ments. As highlighted in a recent UN-Habitat
ging more sustainable production processes, study on cities, in terms of economic output,
and bolstering information on sustainable popu- cities represent a much larger share of the
lation, development and environment practices. GDP than their share of the population.179 For
instance, with 12 per cent of Thailand’s popula-
Urbanization tion, Bangkok produces almost 40 per cent of
Thailand’s GDP.180 Similar relationships exist in
Urbanization has been reshaping the lives of many other countries.
hundreds of millions of people worldwide since
the Industrial Revolution, when individuals began
moving to cities in large numbers in search of «over the past two centuries,
economic opportunities. As a result, over the the world’s urban population has
past two centuries, the world’s urban popula-
tion has increased from one in 30 of the earth’s increased from one in 30 of the
inhabitants to every second inhabitant, or from
30 million to 3 billion people.176 The UN Human
earth’s inhabitants to every second
Settlements Programme (UN-Habitat) esti- inhabitant, or from 30 million to 3
mates that urbanization will continue unabated
and that by 2030, as much as 60 per cent of the billion people»
world’s population will be living in cities, or 4.9
billion out of a total population of 8.1 billion.177 However, it is becoming increasingly evident that
Today there are 19 cities with populations of the rapid growth of cities caused by migration
10 million or more. This number is expected to as well as natural population increases has far
grow in the coming years with most of the new outpaced governments’ abilities to provide basic
mega-cities located in developing countries. The services and economic opportunities to the ever
Chinese city of Shanghai is a good example of expanding urban populations. Instead, popula-
explosive urban growth: in 2003, the population tion growth has strained existing urban infra-

75
Meeting the Challenges of Migration

structures and caused severe housing short- ultimately contributes to the increasing demand
ages, congestion, higher crime rates, increased for clinics and health-care centres.
pollution and other problems. In many cases,
migrants have had to settle in shanty towns and Addressing global problems of growing urban
slums under appalling conditions characterized poverty will entail redoubling efforts to enhance
by extreme poverty and lack of access to decent local governments’ capacities to foster sustain-
housing, sanitation, health-care and education. able economic development and deliver the
Today, the UN estimates that 928 million people much needed basic services to the urban poor.
live in slums.181 Unless concerted action is taken Indeed, the issue of urbanization has come to
to address the root causes of rapid urbanization the forefront of the international debate on po-
including rural–urban migration, this figure will verty and development. In fact, one of the goals
grow in the coming years leading to even more identified by world leaders in the UN Millennium
desperate levels of urban poverty. Declaration is to improve the lives of at least
100 million slum dwellers by 2020.
Developing countries are particularly affected
by the growth in urban poverty associated with Beyond bringing the benefits of development to
urban expansion. Africa, for instance, has the poor urban dwellers, the root causes of internal
fastest rate of urbanization compared to other migration also must be addressed. As stated in
continents, which is driven largely by rural to ur- Chapter IX of the ICPD PoA, managing popula-
ban migration.182 Not surprisingly, Africa also has tion distribution issues will involve reducing “the
the highest rates of urban poverty, estimated at role of the various push factors as they relate to
“40 per cent and rising.”183 migration flows.”186 Many internal migrants are
poor rural populations who are compelled to
«urbanization is having an increasing seek out opportunities in cities. Driven off their
land by grinding poverty, environmental degrada-
impact on women as more and more tion, reduced agricultural yields and ecological
women are migrating from rural to disasters, they make up a large percentage of
the new urban dwellers.
urban areas»
Therefore, spreading economic development
Further, urbanization is having an increasing more equitably between rural and urban settings
impact on women as more and more women constitutes a priority. Promoting development
are migrating from rural to urban areas. In the in rural areas through sustainable agricultural
UNFPA’s State of World Population Report practices, sound environmental management,
(2003), urban migration offers young women and other policies is needed to ensure that rural
around the world “unprecedented opportunities populations can survive without having to consid-
to earn money, save for dowries and postpone er migration to cities as their only viable option.
marriage.”184 In Kenya, for example, women aged
15 to 39 years currently comprise 53 per cent Follow-up actions specifically identified in
of the urban female population. Indeed this is a ICPD+5 include the recommendation that
global trend: by 2020, there are expected to be “governments should improve the manage-
more women in urban than rural areas aged 15 ment and delivery of services for the growing
to 39 years worldwide.185 These women gene- urban agglomerations and put in place enabling
rally migrate seeking, among other things, better legislative and administrative instruments and
health-care and reproductive services, which adequate financial resources to meet the needs

76
8. Internal Migration

of all citizens, especially the urban poor, internal that 25 million people were displaced by en-
migrants, older persons and the disabled.” vironmental degradation.187 Indeed, while much
attention in the past has focused on persons
In line with this recommendation, several deve- displaced by conflict rather than persons dis-
loping countries, particularly in Africa, have em- placed for other reasons, future research and
barked on processes of decentralization in an attention will have to concentrate on other forms
effort to bring development also to rural areas, of displacement as well.
smaller and mid-sized cities, and to empower
municipal and local governments to deal with
growing urban pressures. Several specialized «while much attention in the past
UN agencies and other international bodies are
assisting governments in formulating and imple-
has focused on persons displaced
menting national policy agendas reflecting these by conflict rather than persons
goals, including UN-Habitat and others.
displaced for other reasons, future
Urbanization and the Environment
research and attention will have
to concentrate on other forms of
Rapid industrialization paired with ur-
banization has contributed to water con- displacement as well»
tamination, as raw sewage and industrial
wastes often find their way into local water Of particular importance are issues relating to
supplies and many developing countries degradation of land and unsustainable agricul-
lack the resources to adequately treat tural practices, two factors which render rural
water. As a result, communities worldwide populations unable to make a living off the land
have been forced to obtain water from
and serve as an impetus for migration to the ci-
increasingly distant locations. Moreover,
ties. For instance, according to the United
automobile exhaust and the common
Nations Environment Programme (UNEP),
practice of burning garbage pollutes the
over 300 million hectares of land have been
air, leading to dangerously high levels of
degraded in Latin America and the Caribbean
suspended particles in the atmosphere.
region, mainly due to erosion caused by non-
Urbanization also has contributed to pro-
sustainable land use, nutrient depletion, chemi-
blems surrounding greenhouse gases,
cal pollution, overgrazing and deforestation.188
acid rain, and the loss of farmland.
Similar processes are occurring in most other
parts of the world with serious implications for
Source: UNFPA, State of World internal rural—urban mobility. Indeed, UNEP es-
Population Report (2001). timates that as much as 40 per cent of all arable
land worldwide has lost productivity due to soil
degradation, and that in some areas productivity
Environment and Migration loss is as much as 75 per cent.189 Accelerating
climate change also has increased vulnerability
Environmental degradation resulting from natural to ecological disasters.
disasters, after war effects, or over-exploitation,
is an increasingly important cause of internal As recognized in the ICPD PoA, management
migration. In 1998, the World Bank estimated of land is particularly important in order to

77
Meeting the Challenges of Migration

Development-Induced Migration
Populations Displaced by Natural Disasters and Other
Environmental Pressures Population redistribution also can be caused
by development projects, such as dams, roads,
Poor people, especially women and children, are susceptible to the power lines, mines, pipelines and other infra-
impacts of natural disasters and other environmental pressures. For structure projects, which force people off their
women in such situations, complicated pregnancies and deliveries lands. Some estimates place the numbers of
can become life threatening if left untreated. persons displaced by dam construction alone to
be between 40 million and 80 million persons
In 2001, an earthquake in El Salvador affected about 1 million worldwide.192 As development reduces access
people or one sixth of the population. Consequently, access to RH to arable land, rural populations are forced to
care, including family planning (FP), was severely hampered. To ad- migrate to cities in greater numbers. Although
dress emergency RH concerns, as well as the spread of HIV/AIDS government resettlement policies may attempt
and other STDs, UNFPA provided safe motherhood and RH sup- to preserve traditional livelihoods by resettling
plies to cover the needs of the displaced population. displaced populations on land near their former
homes where they could resume their traditional
In Uganda, refugees, displaced persons and victims of drought farming practices, these policies have not always
lack access to potable water, food, shelter, income and other basic
been successful. One example is the Three
services. The UN agencies are cooperating to provide basic social
Gorges Project of China’s Yangtze River which
services, re-integrate ex-combatants and returnees and restore live-
will displace an estimated 1.2 million people,
lihoods and infrastructure. UNFPA has focused on primary health-
both rural and urban, by 2009.193 The Chinese
care service delivery for displaced persons, with an emphasis on
government’s promise of granting equivalent
RH for women, men and adolescents.
amounts of new land has had to be abandoned
in the face of limited availability of land and eco-
Source: Excerpts taken from UNFPA, “Population, Environment, nomic resources. Instead, the Chinese govern-
and Poverty Linkages: Operational Challenges” (2001). ment is creating incentives to motivate hundreds
of thousands of displaced persons to accept
distant resettlement in other parts of China.194

“ensure economical land use, protect fragile Conflict-Induced Migration


ecosystems and facilitate the access of the
poor to land in both urban and rural areas.”190 Migration induced by war and other conflicts is
Several UN agencies such as the UNEP, Food by definition uncontrolled and often is associa-
and Agriculture Organization (FAO) and the ted with significant destruction and/or abandon-
International Fund for Agricultural Development ment of human settlements, loss of traditional
(IFAD) are assisting developing countries to livelihoods and increased urban pressures. A
set agendas for sustainable agricultural deve- salient characteristic of persons who are forced
lopment. Such assistance is often channelled to leave their places of usual residence because
through regional efforts and initiatives, such as of violence is their heightened state of vulnera-
the New Partnership for Development in Africa bility; they often have little or no access to eco-
(NEPAD).191 nomic opportunities or to basic services, such as
health, education, housing, food and tend to live
in conditions of physical insecurity. Women, chil-
dren and the elderly who constitute the majority
of the world’s IDPs, face particular challenges

78
8. Internal Migration

in this regard since displacement leads to the an increasingly valuable commodity, combatants
breakdown of social support networks. Specific in internal conflicts have at times used internal
threats include brutal acts of sexual violence displacement as a deliberate strategy of war, that
against women and girls and in many countries, is to say, as means to extend their control over
displaced children being recruited as child sol- strategic geographical areas. In the context of
diers. Moreover, displacement often is associa- the internal armed struggle in some countries,
ted with elevated occurrences of HIV/AIDS. combatants have deliberately caused displace-
ment of rural populations through acts of terror
Internal conflicts often victimize rural and indige- in order to gain control over strategically located
nous populations who are displaced from their areas.196 In other cases, governments have de-
lands and seek shelter and protection in towns liberately acted to displace their own nationals
and cities. For instance, the civil war in Mozam- in order to change the ethnic population, control
bique displaced about 4.5 million persons from natural resources, implement land reform or sim-
rural areas to the cities.195 As land has become ply gain military advantage.

UNFPA Provides Assistance in Emergency and Post-Conflict Situations


Crisis situations carry widespread risks to RH—in particular to women and adolescents.
Protecting pregnant women is a top priority in an emergency. For many others, help is
needed in preventing STIs and sexual violence.

Since 1994, UNFPA has supported emergency RH projects in more than 50 countries and
territories, including immediate humanitarian responses followed by post-emergency
development assistance to restore and improve RH health services. Partners in this
humanitarian response included governments, other UN agencies and NGOs.

In 2002, UNFPA established its Humanitarian Response Unit as part of the Office of the
Executive Director and opened a branch in Geneva. This enhanced its ability to provide
services to meet the emergency RH needs of refugees, the internally displaced and others
affected by crisis.

Technical assistance also was provided to UN peacekeepers. Of particular concern were


complex emergencies that combine drought, famine, poverty, HIV/AIDS and gender-based
violence.

Assistance was offered to ongoing emergency and post-conflict reconstruction programmes


in numerous countries, including Afghanistan, Angola, Burundi, Congo, Côte d’Ivoire,
Democratic Republic of the Congo, Ecuador, Kosovo, Liberia, Malawi, the Occupied
Palestinian Territory, Rwanda, Sierra Leone, Somalia, Sudan, Timor-Leste and the United
Republic of Tanzania.

Source: UNFPA. Annual Report (2002).

79
Meeting the Challenges of Migration

Protection for IDPs


UN Special Representative on Internally
Displaced Persons Assisting and protecting IDPs has been a diffi-
cult task for the international community for a va-
In tackling this daunting challenge, the riety of reasons, including inadequate resources,
Special Representative on IDPs is fo- lack of cooperation between different agencies,
cused on four main “pillars:” developing lack of clarity and consensus over the definition
and promoting a normative framework for of “IDP,”197 contradictions between short-term
responding to internal displacement; fos- relief aid and longer-term developmental as-
tering effective institutional arrangements sistance, limited access to displaced populations
at the international, national and regional and insufficient political will to engage or allow
levels; focusing attention on specific situa- engagement in internal matters of sovereign
tions, including through country missions; States. Furthermore, responding to the needs
and undertaking research to deepen of IDPs remains politically determined. As stated
understanding of the problem of internal by the Norwegian Refugee Council’s (NRC)
displacement and identify means for ad- Global IDP Project Database, the most exten-
dressing it most effectively. sive database on the issue: “IDPs in strategically
valued Afghanistan, like Southeastern Europe in
2000, received much greater funding per capita
Source: Deng, Francis M, Report of the than needier African IDPs.”198
Representative of the Secretary-General
on Internally Displaced Persons. “Specific International agencies have stressed that return
Groups and Individuals: Mass Exoduses
and resettlement of IDPs must always be volun-
and Displaced Persons,” submitted
tary—in line with non-refoulement, a well-establi-
pursuant to Commission on Human
shed principle in refugee law, which prohibits
Rights Resolution 2002/56. United
the forcible return of asylum seekers.199 This
Nations Economic and Social Council,
principle notwithstanding, there lacks a uniform
E/CN.4/2003/86 (21, January 2003).
response to this problem. Indeed, much remains
to be done to implement a collaborative ap-
proach, avoid duplication and create clear lines
of responsibility and accountability.

«International agencies have stressed


that return and resettlement of IDPs
must always be voluntary—in line with
non-refoulement, a well-established
principle in refugee law, which
prohibits the forcible return of
asylum seekers»

80
8. Internal Migration

“Preparing to Return” ©UNFPA


Several UN agencies deal with IDPs: UNHCR, an important reminder to responsible parties,
UNHCHR, IOM, the Office of the Special particularly governments, that they have obliga-
Representative on IDPs, and the IDP Unit tions to fulfil.
within the UN Office for the Coordination of
Humanitarian Affairs (OCHA), which was es- Effective return involves complicated and long-
tablished in 2002. While cooperation among term developmental efforts to rebuild infrastruc-
various agencies has been improving since the ture, create jobs, encourage local capacity and
appointment of the UN Special Representative, address protracted medical problems such as
international agencies lack funding mechanisms post-traumatic stress.200 Post-conflict social re-
for programmes to address the specific needs of conciliation also requires looking into the causes
IDPs and coordination remains a major obstacle of displacement. These factors and more make
to implementing strategies. the lives of many returnees no less challenging
than their initial experience of displacement. In
Meanwhile, the Red Cross movement and any event, they can rarely face these challenges
humanitarian NGOs have provided invaluable on their own.
assistance, on many occasions taking the lead
in operational activities. Their presence on the
ground next to IDPs often has served as the
best protection against possible harm and

81
Meeting the Challenges of Migration

9. Migration Data

It has been proven time and again that no use- government participants have systematically ci-
ful exchange on migration issues can take place ted the lack of migration data as a major impedi-
without reliable figures on population move- ment to developing effective migration policy and
ments. Sound data are required for good migra- legislation and to attempts at greater information
tion policy and management. Migration data, sharing amongst countries in the region.
contribute to informed debates on immigration
and emigration policies; form a partial basis for At the Cairo Conference, participating govern-
formulating, implementing and evaluating migra- ments recognized the necessity of reliable mi-
tion-related policies; assist in the protection of gration data and called on States, in Chapter XII
migrants and with efforts geared at fighting of the ICPD PoA, to “strengthen their national
racism and xenophobia; integrate effects of mi- capacity to carry out sustained and compre-
gration into national development planning; and hensive programmes on collection, analysis,
target policies to reduce migration pressures.201 dissemination and utilization of population and
development data.” In addition, the PoA asserts
that programmes should give due consideration
«As it is often very difficult to to gender and account for linkages between
population, health, poverty, family, environment
compare migration data due to and development.202
different terminology, definitions
In 1999, at its 21st Special Session, the UNGA
and categories used, it is critical responded to the ICPD by reiterating calls for
strengthened international action in the field
to work towards ensuring that of migration including improving data collec-
government ministries apply the tion and analysis on all aspects of migration.
Its Report states: “Governments, with the as-
same or similar definitions for sistance of the international community, should
specific migrant categories» intensify their efforts to improve data collection
and analysis, including gender-based analysis, in
the area(s) of international migration…”
In all regions of the world, attempts to build sus-
tainable, comprehensive and effective systems Two years later, at the 56th Session of the UNGA
for national and regional migration management on international migration and development,
necessarily entail the development of reliable there was continued concern relating to data
data gathering, analysis and exchange. Compa- quality and comparability: “Statistics that allow
tible definitions are required in order to ef- characterizing accurate migration flows and
fectively exchange data and statistics among monitoring changes over time are still far from
governments and learn from other countries’ complete. Considerable heterogeneity also ex-
migration data. At IMP meetings over the years, ists in terms of the nature of data and definitions

82
9. Migration Data

used. Statistics often serve as a solid basis for inflows and outflows of international travellers.
the formulation and implementation of interna- It also presents a framework for the compilation
tional migration policy and programmes. The of flows statistics, giving particular attention to
dynamics of international migration cannot be the compilation of policy-oriented statistics from
fully understood without the guidance of migra- existing data. In addition, the document gives
tion statistics.” emphasis to the topics of asylum-seekers and
refugees and presents definitions of relevant
In an attempt to address some of these challen- concepts and recommended tabulations.205
ges, the UNSD issues guidelines and recommen-
dations on concepts and methods to help coun- Obstacles to Collection, Analysis
tries in the collection and dissemination of their and Exchange
data.203 The recommendations are developed
with a view to improving the quality of data and There are numerous serious obstacles to collec-
promoting the application of common definitions ting comprehensive, accurate and timely migra-
and concepts by countries to enhance the com- tion data. Some difficulties are tied to, inter alia:
parability of data at the international level. The
latest revision of the set of recommendations • Gathering specific and compatible definitions
on international migration, Recommendations and comparability of data sources;
on Statistics of International Migration, Revision • Operational problems of how data are retrieved
1,204 was published in 1998. including the incompleteness of information
over time; and
The Recommendations document reviews • Political motivations that may influence how
new international definitions and relevant data statistics are reported within and among go-
sources and proposes a revised taxonomy of vernments.206

UNFPA/IMP Migration Data and Definitions Projects


In the context of the “UNFPA/IMP Migration Data and Definitions Projects (2001-2002),”
the Recommendations on Statistics of International Migration proved to be a useful “training
tool” for exercises involving discussions on migration data. The Recommendations were dis-
tributed to national government focal points in order for them to compare their national defi-
nitions for certain specific migrant categories with the UN recommended definitions. It also
served as a reference for listing the data sources that their ministries’ rely upon for migration
data. Through the focal points, countries were then able to share information on the extent
to which their definitions and data sources varied between countries, and with the interna-
tional standards set out in the Recommendations on Statistics of International Migration.

83
Meeting the Challenges of Migration

Compatibility: As it is often very difficult to com- to including border data, permits and registers.
pare migration data due to different terminology, Data sources outlined in the Recommendations
definitions and categories used, it is critical to document include:
work towards ensuring that government mini-
stries apply the same or similar definitions for • Administrative registers (e.g., population regis-
specific migrant categories, or at the very least, ter, register of foreigners);
that they are aware of existing differences. In • Other administrative sources (e.g., residence
this respect, the Recommendations on Statistics permits, work permits, application for asylum,
of International Migration, Revision 1, includes a exit permits, clearance of migrant workers);
glossary of definitions for different migrant cate- • Border collection; and
gories, which is intended to assist countries in • Household-based field inquiries (e.g., census,
applying common definitions and concepts. household surveys).209

Collection: There are a number of operational Countries often use a combination of methods.
problems tied to the collection of migration data. Frequently, countries use identification docu-
One problem is legal rather than operational ments, residency permits, census taking and
and is associated with definitional difficulties border points. However, each of these methods
outlined above. Indeed, many countries do not has shortcomings.
have clear laws or regulations outlining who is
a migrant or specifying various categories of The issue of whether to impose national iden-
migrants and their corresponding status, rights tification documents on foreigners (and on
and obligations. nationals for that matter) can be controversial.
On the issue of residency permits, these consti-
Furthermore, some categories of migration data, tute an effective way of counting the numbers
by their very nature, are particularly difficult to cal- of non-citizens living in the country at a given
culate including, irregular migration, temporary/ time, however, they often reflect the number of
return migration and the gender dimension of mi- newcomers (flows) rather than the totality of
gration.207 For instance, in 2001 at an IOM/IMP foreigners (stock) living in the country. In addi-
meeting for West Africa, it was argued that virtu- tion, increasingly, residency permits often do not
ally no statistics exist in West Africa as in other apply within free-trade areas, and therefore may
parts of the world for two types of migration that constitute a defunct method for information on
are particularly difficult to measure: trans-border specific nationalities in given regional areas.
labour migration and illegal or irregular migration
(i.e., clandestine movements).208 Despite these A census—a photograph in time of the stock of
difficulties, certain categories of migration data who is in the country at a given moment—often is
are in increasingly high demand. UNFPA, for in- considered an effective means of migration data
stance, has called for more efforts to break down collection. However, as migration is by nature a
migration data in order to gain a better picture of dynamic phenomenon, instruments for observ-
the “feminization of migration” through more ac- ing migration flows must be continuous and
curate statistics on female migrants. systematic.

Another problem is that no single source of It is for this reason that most countries also
data exists to provide comprehensive figures on gather statistics from border points, although
migration data. Instead, a combination of differ- this method also carries operational challenges
ent sources of data collection must be referred ranging from how to cover all points of entry and

84
9. Migration Data

departure; the possibility of double counting; and governments. Indeed, migration statistics re-
whether to question migrants on their motiva- main a politically sensitive topic both within and
tions for movement, or simply to gather statistics amongst countries. While entirely de-politicizing
on the number of foreigners and nationals enter- the significance of migration statistics is unlikely,
ing and exiting the country. on-going dialogue and efforts at exchanging
migration data are underway to curtail this po-
At the international level, UNSD collects and tential obstacle.
disseminates migration data through the UN
Demographic Yearbook (DYB), a 54-year old A number of regions have or are in the process
annual publication, for 230 countries and areas of institutionalizing cooperation and dialogue in
in the world based on information retrieved from the area of migration data dissemination by cre-
a series of questionnaires that are completed ating regional information systems.212
by national statistics offices.210 The last three
decades, however, have witnessed low levels of UN Regional Commissions have also been
responses to the questionnaire.211 As this docu- engaged in a growing number of activities in
ment comes to print, a review of the process of the field of international migration statistics. For
collection and dissemination underpinning the example, the Economic Commission for Europe
DYB is underway. (ECE), in collaboration with Eurostat, the Council
of Europe, and others, regularly collects interna-
Dissemination: A third challenge is tied to the tional migration statistics among ECE countries.
exchange or dissemination of migration data. The Latin American and Caribbean Demographic
Political motivations, for instance, may influence Centre (CELADE) of the Economic Commission
how statistics are reported within and among for Latin America and the Caribbean (ECLAC)

“Counting People” ©UNFPA

85
Meeting the Challenges of Migration

Population Data and Research: Strengthening National Capacities


According to UNFPA, on balance countries are making progress in developing capacities
for population data and research. Based on the 2003 Global Survey conducted, UNFPA
reports that:

“Responding to a question on measures taken to strengthen national capacity for population


data, 96 per cent of the countries stated that they had taken action. Globally the measures
adopted were: strengthening the capacity of institutions for data collection, processing,
analysis and utilization (93 countries); supporting the development of national databases and
management information systems (75 countries); the training of staff on database manage-
ment (61 countries); and the creation/strengthening of a national statistical service (in 61
countries).”

With regard to research, UNFPA noted that:

“According to the findings of the Survey, 90 per cent of countries had taken some action [to-
wards attaining national capacity for research] . . . The most common measures taken were:
supporting surveys and the generation of research reports (92 countries); supporting re-
search by a national commission/secretariat/council (57 countries); supporting consultative
and participatory research (38 countries); and supporting expansion of research to include
‘overlooked’ groups (28 countries). These efforts often included the recruiting and training of
human resources and the setting up of necessary infrastructure.”

Source: UNFPA. Investing in People: National Progress in Implementing the ICPD


Programme of Action, 1994-2004 (2004).

collects international migration statistics and Migration Data and Research


compiles them in a regional data bank, known
as Investigation of International Migration in Migration data are the basis for migration re-
Latin America (IMILA). search. In 1999, the UNGA described how bet-
ter data would assist in “encourag[ing] studies
And, the Economic and Social Commission designed to assess the causes of international
for Western Asia (ESCWA), also works on col- migration and displacement and the positive
lecting migration data in particular through the contribution that migration makes to both coun-
Population Section of the Social Development tries of origin and countries of destination; and
Issues and Policies Division. improv[ing] understanding of the links between
relevant factors that have an impact on interna-
Through regular activities and the review process tional migration.”
for the DYB, the UNSD has stated its commit-
ment “to work in collaboration with interested
agencies and national statistical offices that have
experience in this field.”213

86
9. Migration Data

In the last few years, there has been a prolifera- ing topped the list, while developing countries
tion in the number of research centres around the pointed to further research on the where-
world, which address migration-related issues. abouts and numbers of diaspora, and on how
Many governments also are targeting greater re- to strengthen collaboration between origin and
sources to migration research. This is particularly destination countries.214
true in developed countries. In most cases, the
work is commissioned from private research bo-
dies though some countries such as Canada and «In the last few years, there has
Australia have “in-house” research programmes
that are linked to their migration departments.
been a proliferation in the number
of research centres around the
Developing countries, however, have devoted
few if any resources to developing migration world, which address migration-
research programmes. At the IMP meetings in related issues»
different parts of Africa, for instance, govern-
ment representatives have explained that more
immediate needs often have placed research on Through 2004-2005, the GCIM’s research is
migration at the bottom of the pile in terms of focusing on a wide scope of topics that are con-
national priorities. sidered to be relevant to the international com-
munity as a whole: migrants in the global labour
This regional imbalance is regrettable not market; migration, economic growth, development
least because research priorities often differ. and poverty reduction; irregular migration, State
According to the government reports at the security and human security; migrants in society;
IOM workshop on Enhancing the Contribution international migration and health; international
of Migration Research to Policy Making (2004), migration and human rights; the legal normative
developed countries suggested that research on framework of international migration; and the
asylum, irregular migration and migrant traffick- governance of international migration.215

87
Meeting the Challenges of Migration

10. Conclusion

Migration developments described in the nine the appropriate mechanisms and tools to protect
preceding chapters confirm that many of the migrants’ rights represent an on-going challenge.
objectives set forth a decade ago remain the
goals of today. Progress, as the title of this work Economic migrants are the fastest growing cate-
suggests, has been made in a number of key gory of migrants and an increasingly important
areas. National governments in all world regions economic constituency. States and industries
have or have begun to adopt migration related attempt to “manage” economic migration so as
law and to establish migration structures inclu- to respond to labour market demands. Some
ding personnel dedicated to migration issues. regions in the world have made substantial
Regional and international efforts to cooperate progress towards developing arrangements
and coordinate on migration issues, first and to facilitate labour mobility of nationals within
foremost through the exchange of information a given space. Progress in terms of ensuring
and experiences, also have become an impor- economic migrants’ rights and adopting positive
tant feature of governance in this field. approaches to migrants’ integration, whether
short-term or long-term, is still needed.
Migration is increasingly perceived as a develop-
ment tool. As a result, migration considerations In addition to traditional political, material and
are more frequently incorporated into poverty financial constraints, contemporary factors such
reduction strategies and broader development as the “asylum-migration nexus” and greater at-
policies. How to capitalize on the benefits of tention to national security considerations, are
migration is certainly gaining credence by the posing challenges to ensuring the protection
sheer volume of remittances, and through the of refugees. As a reaction to these undercur-
economic benefits generated by diaspora. There rents and in an attempt to rally support around
is a concurrent effort to avoid constraining what multilateral efforts to strengthen refugee pro-
is perceived to be a fruitful flow of capital, infor- tection, greater attention is being brought by
mation, ideas and opportunities. Attention is also the international community to complementary
being drawn towards counteracting the negative and supplementary solutions so that refugees
effects of “brain drain.” receive the protections that they are afforded
under international law.
Though progress is evident in the area of mi-
grants’ human rights, on the whole it is largely Human trafficking is undoubtedly one of the mi-
on the advocacy and awareness side over the gration-related areas that has gained the most
implementation side. Indeed, the last decade has international interest since 1994. As a result,
witnessed a considerable amount of activity in many developments have been made, including
terms of incorporating the international human the ratification of the Trafficking Protocol, which
rights architecture into national systems. Never- among other things, establishes an international
theless, upholding migrants’ human rights, imple- legal definition for trafficking. Many States,
mentation of such principles and agreement on based in part on the Protocol’s provisions, have

88
10. Conclusion

adopted measures to prevent trafficking, to These points of progress reflect positively on


prosecute traffickers and to protect victims of States’ attempts to devise strategies that maxi-
trafficking. Nevertheless, the widespread scope mize the benefits of migration and minimize its
of trafficking, and the fact that public perception negative effects in given areas of migration.
generally still does not consider human traffick- They also clearly suggest that much more work
ing a crime and its subjects as victims, means is required in all these areas to devise such
that more progress is required. strategies.

While not the focus of this book, internal migra- A starting point is to continue to strengthen co-
tion is an equally important area of consideration operation in this field. As States become points
both in terms of its scope and its impact. Various of origin, transit and destination for migrants,
factors incite internal mobility, and indeed, mov- they share greater common ground in terms
ing within borders is often a trampoline towards of their migration interests, concerns and pri-
crossing them. A wide range of causal factors orities. Consequently, and as highlighted in the
including environment, development and conflict, UNFPA Report, Investing in People: National
incite internal migration. An important interna- Progress in Implementing the ICPD Programme
tional development in the area of internal mobi- of Action 1994-2004, furthering progress in
lity was the establishment of the 1998 Guiding addressing the challenges of migration requires
Principles on Internal Displacement, which now a “high degree of coordination of different
provide States with a framework for protection types… including intra-sectoral, inter-sectoral,
and assistance to IDPs and have served to raise inter-institutional, international and inter-func-
international awareness of the severity and mag- tional (encompassing policies, programmes and
nitude of the displacement crisis worldwide. strategies).”216 Many efforts are underway to
strengthen inter-State cooperation and collabo-
More migration data, information and research to ration both regionally and more recently at the
assist policy makers and migration practitioners international level. However, as frequently cited
are being generated by an increasing number by government representatives at migration
of governments and migration research bodies. meetings hosted by IMP and others, intra-State
However, despite the fact that reliable data are coordination between ministries and between
essential for developing effective policy, there is different fields of expertise is proving more dif-
still insufficient reliable and compatible migra- ficult. Indeed, simple cooperation between com-
tion data. Some progress has been made with patible ministries across countries often seems
the establishment of the Recommendations on more feasible than cooperation within countries’
Statistics of International Migration, Revision various ministries dealing with migration. This is
1 (1998) that provide a basis for improving the particularly true today when so many fields are
quality of migration data. Another area of pro- considered to affect or be affected by migration
gress is the growing inter-State efforts to share including: foreign affairs, interior, health, labour,
information on migration. trade, security and defense.

89
Meeting the Challenges of Migration

There are additional factors that hinder further


progress in meeting the challenges of migration.
These include a lack of: awareness and under-
standing of the social and economic implications
of migration; political will to manage migration
flows and address the consequences of mi-
gration; trained or qualified staff; institutional
capacity; and resources to manage migration
flows, especially irregular migration and human
trafficking.

«To be sure, at the midway point


of the ICPD PoA, it is perhaps the
issue of political will, which is likely
to be most difficult to address
in the second half of the
implementation cycle»
The mandate of the GCIM is to identify priority
areas and to recommend concrete steps that
can be taken by governments and other actors
in formulating more effective migration policy
and practice. One important step in this direction
is simply to provide a vehicle for constructive,
coherent and comprehensive dialogue on in-
ternational migration. To be sure, at the midway
point of the ICPD PoA, it is perhaps the issue of
political will, which is likely to be most difficult to
address in the second half of the implementa-
tion cycle. Sustaining and furthering progress
on all the various aspects of migration that are
described herein rest in part if not entirely on
governments’ commitment towards achieving
the objectives set forth in the ICPD PoA.

90
Annex

Annex

Relevant International Conventions

Convention Year Passed Year of Entry


into Force

ILO Convention 97: Migration for Employment218 1949 1952

Geneva Convention relating to the Status of Refugees 1951 1954


• Protocol relating to the Status of Refugees219 1966 1967

International Convention on the Elimination of All Forms of Racial


1966 1969
Discrimination220

International Covenant on Civil and Political Rights221 1966 1976

International Covenant on Economic, Social, and Cultural Rights222 1966 1976

Convention on the Specific Aspects of Refugee Problems in Africa223 1969 1974

ILO Convention 143: Migrant Workers224 1975 1978

Convention on the Elimination of All Forms of Discrimination


1979 1981
Against Women225

Cartagena Declaration on Refugees226 1984 1985

Convention Against Torture and Other Cruel Inhuman and Degrading


1984 1987
Treatment or Punishment227

Convention on the Rights of the Child228 1989 1990

Convention Against Transnational Organized Crime 2000 2003


• Protocol to Prevent, Suppress and Punish Trafficking in Persons, 2000 2003
Especially Women and Children
• Protocol Against the Smuggling of Migrants by Land, Air and Sea229 2000 2004

International Convention on the Protection of the Rights of All Migrant


Workers and Members of their Families230 1990 2003

91
Meeting the Challenges of Migration

Endnotes
22
CHAPTER 1 (Trends in Migration) Established as IOM’s Migration Policy and Research Program
(MPRP) in 2001; it has since been renamed Migration Policy Re-
1
ILO. “Towards a Fair Deal for Migrant Workers in the Global search (MPR).
Economy,” International Labour Conference, 92nd Session (Geneva, 23
IOM. “Role of the Council as a Forum for Migration Policy Dialogue,”
Switzerland, 2004): p. 14. Paper distributed at the Informal Meeting of the IOM Council Steer-
2
UN Department of Economic and Social Affairs Population Division. ing Group (Geneva, Switzerland, 30 April 2002).
International Migration Report 2002 (New York, US, 2002): pp. 24
IOM., “International Migration Policy Road Map: Enhancing Under-
9-16. Figures cited are for period 1990-2000. standing and Enhancing Co-operation,” Document distributed at
3
Ibid. the Informal Meeting of the IOM Council Steering Group (Geneva,
4
ILO. The Importance of Considering Gender Issues in Migration, Switzerland, 30 April 2002).
ILO website [URL: http://www.ilo.org/public/english/protection/ 25
The ILO seeks the promotion of social justice and internationally
migrant/projects/gender/index.htm]. recognized human and labour rights. Its tri-partite constituency
5
UN News Centre. Migration has moved to the Forefront of Popu- includes: government labour ministries, national employer organiza-
lation Policy Discussion, UN Official Says (28 January 2004). tions and national trade union federations.
Remarks by Joseph Chamie, Director of the UN Department of ILO’s website [URL: http://www.ilo.org].
Economic and Social Affairs Population Division. 26
ILO., “ILO Adopts Plan to Give Fair Deal to 86 Million Migrant
6
Inter-governmental Consultations on Asylum, Refugee and Migra- Workers,” ILO’s website [URL: http://www.ilo.org/public/english/
tion Policies in Europe, North America and Australia (IGC). Speech bureau/inf/pr/2004/31.htm].
given by Gerry van Kessel, Coordinator, IGC, IMP’s Fourth Meeting 27
UNHCR’s mandate is to provide international protection and hu-
of the Issyk-Kul Dialogue (Bishkek, Kyrgyz Republic, January 2004). manitarian assistance to refugees and to seek solutions for refugee
7
IOM. World Migration 2003: Managing Migration Challenges and problems. UNHCR’s website [URL: http://www.unhcr.ch].
Responses for People on the Move, Vol. 2. (Geneva, Switzerland, 28
UNHCR., Global Consultations. UNHCR’s website [URL: http://
2003): p. 58. www.unhcr.ch/cgi-bin/texis/vtx/global-consultations]; The Agenda
8
UN Department of Economic and Social Affairs Population Division. for Protection has six main goals: strengthened implementation of
World Population Policies 2003 (New York, US, 2003): p. 433. the 1951 Convention and 1967 Protocol; protecting refugees within
9
Ibid., figures compiled from EU member country pages. broader migration movements; sharing of burdens and responsibili-
10
IOM, op. cit., pp. 58 and 60. ties more equitably and building of capacities to receive and protect
11
US Department of State. Trafficking in Persons Report (Washington, refugees; addressing security-related concerns more effectively;
D.C., June 2004): p. 14. redoubling the search for durable solutions; and meeting the protec-
12
Ibid., p. 7. tion needs of refugee women and children.
13 29
WHO. Global Polio Eradication Strategy, 2004-2008 (Geneva, The Agenda for Protection was presented to the 53rd session of
Switzerland, 2003): p. 9. UNHCR’s Executive Committee for endorsement.
30
The UNFPA extends assistance to developing countries, countries
CHAPTER 2 (Developments in Migration Policy) with economies in transition and other countries at their request to
help them address reproductive health and population issues, and
14
An overall response rate of 92 per cent was achieved for developing raises awareness of these issues in all countries. UNFPA’s three
and countries in transition. For donor countries, the response rate main areas of work are: to help ensure universal access to repro-
was 82 per cent. ductive health, including family planning and sexual health, to all
15
IOM. “The Role of Regional Consultative Processes in Managing couples and individuals by the year 2015; to support population and
International Migration,” IOM Migration Research Series, No. 3 development strategies that enable capacity-building in population
(Geneva, Switzerland, 2001); IGC refers to the “Inter-governmen- programming; and to promote awareness of population and develop-
tal Consultations on Asylum, Refugees and Migration Policies in ment issues and to advocate for the mobilization of the resources
Europe, North America and Australia.” Its first meeting took place in and political will necessary to accomplish its areas of work. UNFPA’s
1985, initiated by UNHCR. website [URL: http://www.unfpa.org].
16 31
Ibid.; The “Puebla Process” refers to the “Regional Conference on IMP distinguishes itself from RCPMs, as it is neither a process
Migration,” initiated in 1996. With the Lima Declaration (1999) a con- nor the Secretariat for one. Since its inception, this inter-agency
sultative process was also initiated for South America, known as the programme has emphasized the value of identifying and establishing
“South American Meeting on Migration, Integration and Development.” regional priorities and “common understandings” between senior
17
Ibid.; The “Manila Process” refers to the “IOM Regional Seminar on government officials in developing and transition regions from all
Irregular Migration and Migrant Trafficking in East and South-East ministries dealing with the multi-disciplinary facets of migration and
Asia.” In addition to two other consultative processes for Asia: APC forced displacement. By facilitating dialogue amongst govern-
(“Inter-Governmental Asia-Pacific Consultations on Refugees and ments, and concerned international, regional and local bodies, IMP
Displaced Persons”) and the “Bangkok Declaration on Irregular meetings help governments to achieve a level of familiarity and
Migration.” confidence considered invaluable for strengthening cooperation on
18
“MIDSA” stands for “Migration Dialogue for Southern Africa.” A migration.
more nascent consultative process for West Africa began in Octo- 32
UN. “Programme of Action,” International Conference on Popula-
ber 2000 (“Dakar Declaration”), with the assistance of IOM and was tion and Development (ICPD), (Cairo, Egypt, 5-13 September,
followed by a second meeting in December 2001 organized jointly 1994); Chapter X: “International Migration” provides the bases for
by IOM and IMP. For this Activity Report, consult IMP’s Website at action relating to: A) international migration and development; B)
[URL: http://www.impprog.ch]. documented migrants; C) undocumented migrants; and D) refugees,
19
Other processes include the “Commonwealth of Independent States asylum-seekers and displaced persons.
(CIS) Conference and Follow-Up Process for Countries of the CIS 33
UN. UN Conference on Environment and Development
and Relevant Neighbouring Countries” and the “Conference of Un- (Rio de Janeiro, Brazil, 1992).
controlled Migration Across the Baltic Sea for Baltic, Scandinavian 34
UN. World Conference on Human Rights (Vienna, Austria, 1993).
and Some European Countries.” 35
UN. World Summit on Social Development (Copenhagen,
20
IOM. op. cit. 2001. Denmark, 1995).
21 36
IOM is mandated to enhance understanding of migration issues and UN. Fourth World Conference on Women (Beijing, China, 1995).
facilitate efforts to find cooperative solutions to migration challenges. 37
UN. Second UN Conference on Human Settlements (Habitat II)
The activities of IOM can be largely grouped into six main service ar- (Istanbul, Turkey, 1996).
eas, namely: movements; assisted returns; technical assistance and 38
UN. Second World Assembly on Ageing (Madrid, Spain, 2002).
capacity-building; public information campaigns; counter-trafficking; 39
UN. World Summit on Sustainable Development (Johannesburg,
and medical services. IOM’s website [URL: http://www.iom.int]. South Africa, 2002).

92
Endnotes

40 61
UN. “Programme of Action of Final Declaration,” World Conference “Chinese Workers Transform Fortunes of Home Towns,” New York
against Racism, Racial Discrimination, Xenophobia and Related Times (9 November 2003).
62
Intolerance (WCAR) (Durban, South Africa, 2001): §§ 182-183; Afsar, Rita. “Internal migration and the development nexus: the case
With the WCAR, the current migration debate was approached from of Bangladesh,” Regional Conference on Migration Development
the perspective of how to harmonize law enforcement and control Pro-Poor Policy Choices (2003).
63
measures and human-rights. Consequently, WCAR asked States, Grace, David. Exploring the Credit Union Experience with Remit-
in consultation with civil society, to support or establish regional tances in the Latin American Market (forthcoming 2004).
64
dialogues on the causes and consequences of migration that focus El Qorchi, M, Maimbo, S, and Wilson, J. Informal Funds Transfer
not only on law enforcement and border control but also on the Systems: An Analysis of the Informal Hawala System (International
promotion and protection of the human rights of migrants, and on Monetary Fund, 2003): pp. 7-8.
65
the relationship between migration and sustainable development. See generally Report and Conclusions of the International Confer-
41
The open-ended core group of the Global Commission on Inter- ence on Migrant Remittances (London, UK, 9-10 October 2003).
66
national Migration (GCIM) includes: Australia, Bangladesh, Brazil, Ibid.
67
Canada, Egypt, Germany, Hungary, India, Mexico, Morocco, Nether- Lowell, L, ILO. “Some Developmental Effects of the International
lands, Pakistan, Philippines, South Africa, Sri Lanka, Sweden (co- Migration of Highly Skilled Persons,” International Migration Paper
chair), Switzerland (co-chair), Sri Lanka, Turkey, UK, Holy See and No. 46 (Geneva, Switzerland, 2001): p.17.
68
the EC/EU. Stalker, P. “The Impact of Migration in Countries of Origin,” (abstract
42
MPRP. The Goal of the Berne Initiative (Geneva, Switzerland, April of) The Link Between Migration, Globalisation and Development,
2003). Report of Novib Expert Meeting (13-14 March 2003).
43 69
Klein Solomon, Michele and Bartsch, Kerstin, IOM. ”The Berne Initia- ILO. Towards a Fair Deal for Migrant Workers (Geneva, Switzerland,
tive: Toward the Development of an International Policy Framework 2004): p. 23.
70
on Migration,” Migration Policy Institute (Washington D.C., April Lowell, L, Findlay, A, ILO. “Migration of Highly Skilled Persons from
2003). Developing Countries – Impact and Policy Responses, Synthesis
44
Declaration of the Hague on the Future of Refugee and Migration Report,” International Migration Paper No. 44 (Geneva, Switzerland,
Policy (Hague, Netherlands, 22 November 2002). 2002).
71
ILO, “Mobilizing the Diaspora,” 26th Meeting of the Regional African
CHAPTER 3 (Migration and Development) Labour and Social Affairs Commission (Mauritius, 10-15 April
2003).
45 72
Adams, Richard and Page, John. The Impact of International Migra- Lowell, L and Findlay, A, op. cit.
73
tion and Remittances on Poverty, World Bank (forthcoming 2004). Stilwell, B, Diallo, K, Zurn, P, Dal Poz, M, Adams, O, and Buchan,
46
UN. “Programme of Action,” International Conference on Population J. “Developing evidence-based ethical policies on the migration of
and Development (ICPD) (Cairo, Egypt, 5-13 September 1994): health workers: conceptual and practical challenges,” Human Re-
§10.1, Basis for Action. sources for Health (October 2003): p. 6; citing to Dovlo, 1999.
47 74
UN. Key actions for the further implementation of the ICPD Pro- BBC News. NHS and SA Strike Deal Over Staff (24 October
gramme of Action, ICPD+5: A/S-21/5/Add.1. 2003), BBC website [URL: www.bbc.com].
48 75
UN Department of Economic and Social Affairs Population Division. Nyheter, Dagens. “Slöseri med högutbildade invandrare,“ DN Debatt
International Migration Report 2002 (New York, US, 2002). (Stockholm, Sweden, 9 December 2003).
49 76
GCIM. The Mandate, (Geneva, Switzerland, December 2003) See e.g., Wickramasekara, P, ILO. ”Policy responses to skilled
GCIM’s website [URL: http://www.gcim.org/a_mandate.htm]; migration: Retention, return and circulation,” ILO Perspectives on
“[GCIM] will address the relationship between international migra- Labour Migration (Geneva, Switzerland, 2002).
77
tion and such areas as economic development, labour supply and Alburo, F, and Abella, D, ILO. “Skilled Labour Migration from Devel-
demand, demography, remittances, trade, poverty alleviation…” oping Countries: Study on the Philippines,” International Migration
50
IOM. “Harnessing the Potential of Migration and Return to Promote Papers No.51 (Geneva, Switzerland, 2002).
78
Development,” Migration Research Series No. 5 (Geneva, Switzer- IOM. MIDA (Geneva, Switzerland, 2002): p. 5.
land, August 2001): p. 6.
51
Addy, David Nii, Wijkström, Boris, and Thouez, Colleen, “Migrant Chapter 4 (Human Rights of Migrants)
Remittances—Country of Origin Experiences: Strategies, Policies,
79
Challenges, and Concerns,” IMP Position Paper tabled at the In- GCIM. The Mandate (Geneva, Switzerland, December 2003),
ternational Conference on Migrant Remittances (London, UK, 9-10 GCIM website [URL: http://www.gcim.org/a_mandate.htm].
80
October 2003): p. 21. UNHCHR. “Follow-up to the Durban Declaration and Programme
52
Wendell, Samuel. International Migration Policy Seminar for the of Action.” Fourteenth Meeting of Chairpersons of the human
Caribbean Region (Kingston, Jamaica, 28- 31 May 2001). rights treaty bodies, Item 10 of the Provisional Agenda (Geneva,
53
Ratha, Dilip (World Bank). The International Conference on Migrant Switzerland, 24-26 June 2002), UNHCHR Website [URL: http:
Remittances (London, UK, 9-10 October 2003); Ratha, Dilip. “Work- //www.unhchr.ch/tbs/doc.nsf/(Symbol)/65df9d2f0b2af43fc1256bd
ers’ remittances: An important and stable source of external devel- 700533522?Opendocument].
81
opment finance,” Global Development Finance 2003 (World Bank, UNHCHR. Commission on Human Rights Concludes Sixtieth
Washington, D.C., 2003): Chapter 7. Session, UNHCHR Press Document (23 April 2004): UNHCHR
54
Ratha, 2003, op. cit. Press Document [http://www.unog.ch/news2/documents/newsen/
55
Kapur, Devesh (Harvard University). “Remittances: The New Devel- cn04061e.htm].
82
opment Mantra?,” Paper prepared for the G-24 Technical Group UNGA. (A/RES/55/93); (28 February 2001).
83
Meeting and presented at the International Conference on Migrant Ibid.
84
Remittances (London, UK, 9-10 October 2003). UNHCHR. Human Rights in Action: Promoting and Protecting
56
Adams, Richard, and Page, John (forthcoming 2004) op. cit. Rights Around the World (Geneva, Switzerland, 16 July 2003).
57 85
Ibid. UNHCR. The Global Appeal 2004 (Geneva, Switzerland, 2004).
58 86
Report and Conclusions of the International Conference on Migrant ICMC website [URL: http://www.icmc.net/docs/en/programs];
Remittances (London, UK, 9-10 October 2003): p. 6. Some operational INGOs’ advocacy work focuses on forcible
59
Horst, C, and Van Hear, N. “Counting the cost: refugees, remit- displacement only, such as the ICRC and the NRC. ICRC website
tances and the ‘war against terrorism,” Forced Migration Review (14 [URL: http://www.icrc.org]; NRC website[URL: http://www.nrc.no]
87
July 2001). Amnesty International website [URL: http://www.Amnesty.org].
60 88
Pew Hispanic Center & Multilateral Investment Fund. Billions in Mo- Human Rights Watch website [URL: http://www.hrw.org].
89
tion – Latino Immigrants, Remittances and Banking (Washington, MRI was founded in 1994 during ICPD to promote the recogni-
D.C., 2002). tion and respect for the rights of all migrants and members of their

93
Meeting the Challenges of Migration

families. A membership organization, MRI played a central role in exercise, on an equal flooring, of human rights and fundamental
the campaign for the ratification of the MWC. MRI also supports freedoms in the political, economic, social, cultural or any other
the efforts of migrant associations and other NGOs in advocating field of public life.”
migrants’ rights and monitoring trends and developments of mi-
grants’ rights and welfare. MRI is currently expanding the purview of Chapter 5 (Economic Migration)
its human rights work to include other migration-related topics such
105
as trade and remittances. Like some other NGOs listed below, it is Excluding Palestinian refugees.
106
working to tie a broad set of issue areas including in this case, hu- Insofar as economic constraints can be defined as free choice, or
man rights, trade, globalization and migration. The following state- «voluntary» choices.
107
ment published in its report from the WTO Ministerial Conference UN. “Programme of Action,” International Conference on Population
in Cancun, illustrates this inter-linkage: “To illustrate by example, the and Development (ICPD) (Cairo, Egypt, 5-13 September 1994):
violation of economic, social and cultural rights of people in extreme Chapter X §§10.1, and 10.5.
108
poverty, resulting from failed trade and economic policies, forces UN Department of Economic and Social Affairs Population Division.
them to leave their home countries and become migrant workers Replacement Migration: Is it a solution to declining and aging
abroad. A whole migration cycle is triggered, which simultaneously populations (New York, US, 21 March 2000); (ESA/P/WP.160).
109
intersects with human rights violations occurring within the domi- Nyheter, Dagens. “Slöseri med högutbildade invandrare,“ DN Debatt
nant context of corporate globalization.” Genevieve Gencianos, (Stockholm, Sweden, 9 December 2003).
110
MRI (Geneva), “Migration and Trade: A Report from Cancun,” Fifth UNIFEM. Human Rights Protections Applicable to Women Migrant
WTO Ministerial Conference (Cancun, Mexico, 10-14 September Workers: A UNIFEM Briefing Paper (New York, US, 2003).
111
2003): p. 5. IOM. World Migration 2003: Managing Migration Challenges and
90
UNHCR. “Composite Flows and the Relationship to Refugee Responses for People on the Move (Geneva, Switzerland, 2003):
Outflows, including Return of persons not in need of international p. 58.
112
protection, as well as facilitation of return in its global dimension,” Ibid., in reference to the IOM citation on the United Kingdom Home
UNHCR Standing Committee, 12th meeting (Geneva, Switzerland, Department (2002).
113
May 1998); (EC/48/SC/CRP.29). Migration News. “Borjas: Heaven’s Door.” (U.C. Davis, California):
91
ICVA website [URL: http://www.icva.ch]. Migration News website [URL: http://migration.ucdavis.edu/mn/
92
It is important to note that though the SID Process and its “Declara- comments.php?id=2528_0_5_0]
114
tion of the Hague on the Future of Refugee and Migration Policy” Taran, P, and Moreno-Fontes Chammartin, G, ILO.
(2002) share a comprehensive focus on migration issues, one of “Getting at the Roots; Stopping Exploitation of Migrant Workers by
the key elements of the Process is to “emphasize the distinction Organized Crime,” Perspectives on Labour Migration 1E (Geneva,
between refugees and other migrants by continuing to recognize Switzerland, 2003).
115
the needs and protections of refugees while seeking parallel options Ibid., p. 1.
116
and solutions for other forms of migrants.” IOM. Labour Migration in Asia, Trends, challenges and policy
93
For additional research on this topic, see Colleen Thouez. The Role responses in countries of origin (Geneva, Switzerland, 2003).
117
of Civil Society in Shaping International Migration Policy, Duke Consejeria agroalimentaria de Mexico en Canada, National
University, October 2003. Association of State Departments of Agriculture NASDA website
94
United Nations Commission on Human Rights. Human Rights of [URL: http://www.nasda-hq.org/Accord/Mx-CanProgTrabAgr.pdf].
118
Migrants (Geneva, Switzerland, 2003); (E/CN.4/RES/2003/46). ILO, Session III-B: “Regional Grouping and their role in
95
Of the Filipinos reported to be living with HIV/AIDS, 28 per cent are employment policy.”
119
workers who have returned home after working in other countries. SADC. Draft Protocol on the Free Movement of Persons in the
About 41 per cent of HIV-positive Bangladeshis have been migrant Southern African Development Community (SADC).
120
workers. Research among truck drivers at five South African truck WTO. Communication from India, Proposed liberalization of the
stops reveals an overall prevalence of 56 per cent, well above the movement of professionals (2000).
national adult prevalence rate. The beginning of the HIV epidemic in
rural Mexico can be traced to the return of agricultural labourers who
had been working in the US. See UNAIDS. Report on the Global Chapter 6 (Refugee Protection)
HIV/AIDS Epidemic (Geneva, Switzerland, July 2002): p. 114.
96 121
Allen, Christopher, and Nielsen, Jorgen S., European Monitoring UN. “Programme of Action,” International Conference on Population
Centre on Racism and Xenophobia (EUMC). Summary Report and Development (ICPD) (Cairo, Egypt, 5-13 September 1994):
on Islamophobia After 11 September 2001 (Vienna, May 2002), Chapter X, § D.
EUMC’s website [URL: http://eumc.eu.int/eumc/material/pub/anti- 122
UNHCR. Sharp Decline in Refugees, others of Concern in 2003.
islam/Synthesis-report_en.pdf]. UNHCR Press Release (17 June 2004); The decline is associated
97
Human Rights First (formerly the Lawyers Committee for Human with the repatriation of refugees, including 1.1 million to Afghanistan,
Rights). Human Rights First Welcomes Partial Suspension of ‘Spe- Angola, Burundi, Iraq, and other countries.
cial Registration’ Requirement Aimed and Arab and Muslim Visitors 123
According to UNHCR, as of February 2004, 145 are State parties
(2 December 2003). to one or both of the instruments.
98 124
General Accounting Office (GAO). Immigration Application Fees: Although technically there is no “right to be granted asylum” (as
Current Fees Are Not Sufficient to Fund US Citizenship and Immi- such a right does not appear in any legally-binding international
gration Services’ Operations. (Washington, DC, 5 January 2004). document), the Universal Declaration of Human Rights asserts that
99
One such story is highlighted here. CBC News Online. In everyone has “the right to seek and to enjoy in other countries
depth: Maher Arar. (21 June 2004): CBC’s website [URL: http: asylum from persecution” (Article 14).
//www.cbc.ca/news/background/arar/]. 125
Goodwin-Gill, Guy. The Refugee in International Law,
100
GCIM, op. cit. Second Edition (Oxford: Oxford University Press, 1998).
101 126
UN Press Release. Win-Win Outcomes Possible if Approach to Mi- Such protection has as a corner stone the fundamental
gration is Rational, Compassionate, Secretary-General Annan Tells principle of non-refoulement- that is the prohibition on forcibly
New Global Commission, Statement by Kofi Annan, United Nations returning refugees to situations where they might be persecuted.
Secretary-General. (Geneva, Switzerland, 9 December 2003); 127
Trolldalen, Jon Martin. “International Environmental Conflict Resolu-
(SG/SM/9064). tion,” World Foundation for Environment and Development (Wash-
102
UN Human Rights Committee. CCPR General Comment No. 15: ington, DC, 1992): Chapter 9.
The Position of Aliens Under the Covenant (Geneva, Switzerland, 128
UNHCR’s website [URL: www.unhcr.ch/cgi-bin/texis/vtx/home].
1986). 129
According to the United Nations High Commissioner for Refugees,
103
The Foundation for the Refugee Education Trust (RET) was estab- Ruud Lubbers, the Agenda emphasizes both refugees’ needs and
lished in 2000 by the former UN High Commissioner for Refugees, solutions, to enable refugees to start a new life with dignity and to
Mrs. Sadako Ogata. bring an end to their need for international protection (foreword to
104
ICERD defines the term “racial discrimination” to mean “ any the third edition of the Agenda for Protection, October 2003).
distinction, exclusion, restriction or preference based on race, 130
Special agreements would be written arrangements worked out by
colour, descent, or national or ethnic origin which has the purpose Governments and UNHCR, intended to reflect an important degree
or effect of nullifying or impairing the recognition, enjoyment or of political commitment (and sometimes even be legally binding),

94
Endnotes

and concluded ultimately for the benefit of refugees. They would be Chapter 7 (Human Trafficking)
generic or situation-specific.
131 153
UNHCR. Opening Statement of the UNHCR at the Briefing/ US Department of State. Trafficking in Persons Report (Washington,
Consultation on “Convention Plus” and the Forum D.C., June 2004): p. 6. US Department of State website [URL: http:
(Geneva, Switzerland, 7 March 2003). //www.State.gov/documents/organization/34158.pdfStatestate].
132 154
A Convention Plus unit was created in Spring 2003. Ibid., p. 6 and 14.
This UNHCR structure is in charge of disseminating information 155
Ibid., 23.
on the initiative and on detecting whether special agreements 156
UN. Protocol to Prevent, Suppress and Punish Trafficking in Per-
can be put in place. sons, Especially Women and Children, Supplementing the United
133
The Organization of African Unity (OAU) founded in 1963 was Nations Protocol Against Transnational Organized Crime (2000),
replaced by the African Union (AU) in 2002. G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N.
134
UNHCR and IOM. “Refugee Protection and Migration Control: Doc. A/45/49 (Vol. I, 2001).
Perspectives from UNHCR and IOM,” 157
UN. Protocol Against the Smuggling of Migrants by Land, Sea and
Global Consultations on International Migration Air, Supplementing the United Nations Convention Against Trans-
(Geneva, Switzerland, 31 May 2001). national Crime (2001). G.A. res. 55/25, annex III, 55 U.N. GAOR
135
Further developed in IMP., “Reconciling Refugee Protection and Supp. (No. 49) at 65, U.N. Doc. A/45/49 (Vol. I) (2001).
Migration Control: Can it be Done?” Twenty Fifth Round Table of 158
UNGA Resolution 34/180 (18 December 1979): UNTS Vol. 1249,
The International Institute of Humanitarian Law on Current p.13; entry into force on 3 September 1981.
Problems of Humanitarian Law “Refugees: A Continuing 159
UN. Convention on the Elimination of all Forms of Discrimination
Challenge” (San Remo, Italy, 6 to 8 September 2001). Against Women (CEDAW): supra at note 4, Article 6.
136 160
For additional information, see stories posted on UNHCR’s website, UN. CEDAW: Article 5 (a).
including “Japan: Court Repeals Ministry Decision Denying Refugee 161
UN. CEDAW: Article 10.
Status for Afghan,” (Japan Economic Newswire: 26 February 2004), 162
UN. CEDAW: Art. 15.
“Australia Detention Center Criticized” (Associated Press: 163
UN. Convention on the Rights of the Child (CRC), G.A. res. 44/25,
6 February 2002), “Australia Eases Immigration Policies to Invite annex, 44 U.N. GAOR Supp. (No. 49) at 167, U.N. Doc. A/44/49
Thousands to Stay” (Agence France Presse: 13 July 2004), (1989), entry into force on 2 September 1990: Article 11.
“Canada: Important Court Ruling” (UNHCR Briefing Notes: 164
UN. CRC: Article 35.
15 January 2002), UNHCR’s website [URL: http: UNHCR.org]. 165
Stability Pact for Southeastern Europe. “Taskforce for Trafficking in
137
Definition given by Jeff Crisp, UNHCR. “No Solution in Sight: the Human Beings,” Annual Report on Victims of Trafficking in South
Problem of Protracted Refugee Situations in Africa,” UNHCR Eastern Europe (Vienna, Austria, September 2003).
Working Paper #75 (Geneva, Switzerland, January 2003). 166
IOM. Trafficking in Women and Children from the Republic of Ar-
The concept of protracted refugee situation has also been defined menia: a Study (Geneva, Switzerland, September 2001).
by the UNHCR Africa Bureau as a situation “where, over time, there 167
IOM. Trafficking in Persons: An Analysis in Afghanistan (Geneva,
have been considerable changes in refugees’ needs, which neither Switzerland, January 2004).
UNHCR, nor the host country have been able to address in a 168
UN. Trafficking Protocol.
meaningful manner, thus leaving refugees in a state of material 169
Anti-Slavery International. The Migration-Trafficking Nexus: Combat-
dependency and often without adequate access to basic rights… ing Trafficking Through the Protection of Migrants’ Human Rights
even after a substantial number of years spent in the host country.” (November 2003).
138 170
The 1990s are often referred to as the “decade of repatriation” UN. Trafficking Protocol, Article 6.
(as opposed to other durable solutions). Especially in Africa, the 171
Ibid.
option of repatriation is seen as the preferred solution, rather than 172
European Commission. For further actions in the fight against traf-
the local integration one, because refugees are often perceived as ficking in women, Resolution on the Communication from the Com-
an economic and environmental burden, and sometimes also as a mission to the Council and the European Parliament. (COM (1998)
security threat, by countries that host them. 726); (European Commission, Brussels, Belgium, 19 May 2000).
139
According to Jeff Crisp, as a result of limited access to land,
refugees in protracted situations might resort to unsustainable Chapter 8 (Internal Migration)
farming practices to make ends meet or might encroach on land
173
which they have no right to use. NRC. Internally Displaced People: A Global Survey (Geneva, Swit-
140 zerland, 2002).
Agenda for Protection, goal 1.
141 174
Agenda for Protection, goal 3, objective 5. UN. “Programme of Action,” The International Conference on
142 Population and Development (ICPD), (Cairo, Egypt, 5-13 Septem-
Agenda for Protection, goal 3, objective 4 and goal 5, objective 7.
143 ber 1994): Chapter IX, §9.2 (a).
Report and Conclusions from IMP Follow-up Conference to the
175
International Migration Policy Conference for East Africa, the Horn Ibid., Chapter IX, § 9.19.
176
of Africa and the Great Lakes Region (Addis Ababa, Ethiopia, UNCHS (UN Habitat). State of World’s Cities Report 2001 (Nai-
23-26 June 2003). robi, Kenya, 2001): p.6.
144 177
See also the Agenda for Protection, goal 3, objective 6, and goal 5, Ibid.
178
objective 5, which calls on States to examine ways in which “Shanghai’s Population Swells to 20 Million,” International Herald
resettlement capacities can be enhanced. Tribune (8 December 2003).
145 179
Agenda for Protection, goal 6 and goal 1, objective 10. UNCHS (UN Habitat) 2001, op. cit. p. 8.
146 180
UN Secretary-General. Women, Peace, and Security (2002). Ibid.
147 181
UNHCR. Guidelines on International Protection: Gender-Related UNCHS (UN Habitat). The Challenge of Slums–Global Report
Persecution within the Context of Article 1A(2) on the 1951 Con- on Human Settlements (Nairobi, Kenya, 2003).
182
vention and or its 1967 Protocol Relating to the Status of Refugees UNCHS (UN Habitat) 2001, op. cit., p. 12.
183
(Geneva, Switzerland, 7 May 2002); (HCR/GIP/02/01). Ibid., p. 18.
148 184
For more details, see UNHCR and Partner NGOs, UNFPA. State of World Population Report 2003 (New York, US,
Protecting Refugees: A Field Guide for NGOs 2003): p. 7.
185
(Geneva, Switzerland, May 1999). UNFPA. State of World Population Report 2001 (New York, US,
149 2001): p. 34.
UNGA. Assistance to Unaccompanied Refugee Minors
186
(24 February 2004); (A/RES/58/150). UN. “Programme of Action,” The International Conference on Popu-
150 lation and Development, (Cairo, Egypt, 5-13 September 1994):
As part of the sixth goal of the Agenda for Protection, States commit
themselves to accord greater importance to primary and secondary Chapter IX, §9.2(b).
187
education for refugees, in recognition that education is an important UNFPA, 2001, op. cit., p. 36.
188
tool of protection. UNEP. “Global Environment Outlook – 3, Latin America and the
151 Caribbean,” UNEP Fact Sheet. (Nairobi, Kenya, 2002).
UN. “Madrid International Plan of Action on Ageing,” Second World
189
Assembly on Ageing (Madrid, Spain, 8-12 April 2002): § 55. UNEP. UNEP in 2002 (Nairobi, Kenya, 2002): p. 49.
152 190
UN. “Building a Society for All Ages,” Second World Assembly on UN. “Programme of Action,” ICPD, (Cairo, Egypt, 5-13 September
Ageing (Madrid, Spain, 8-12 April 2002). 1994): Chapter IX, §9.8.

95
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