April 28-29, 2011 Dominican Republic

1. April 28-29, 2011 Dominican Republic II RCM WORKSHOP ON TEMPORARY FOREIGN WORKER PROGRAMMES Intra-Regional or South-South Approach

2. Introduction • States of origin, transit, and destination participate in the migration process, sharing territorial responsibility in the protection of human and labour rights, in accordance with their public policy on migration, relevant legislation, international legislation on human rights and protection of migrant workers, bilateral or multilateral agreements, and implementation of relevant best practices.

3. Objective • To address the development of labour migration policies in countries of destination; • To mention the characteristics of South-South migration; • To comment on migration in El Salvador; • Protection for migrant workers and their families; • Migration Policy Proposals.

4. Labour Migration Policies in Countries of Destination • Countries of destination or countries receiving foreign labour have the primary responsiblity of ensuring respect for the human and labour rights of migrant workers.

5. … • Countries of destination should enter into agreements on regularization of irregular workers with countries of origin. • In addition, they should sign bilateral or multilateral agreements with countries of origin on acceptance of foreign labour under circular temporary migration and decent employment programmes. • They should conduct studies on specific economic sectors requiring foreign labour. This helps dynamize their economies.

6. … • To ensure the right to social security and social welfare for immigrant workers. • To ensure access to justice (administrative and judicial) to enable migrant workers to claim their labour rights. • To ensure transfer of social benefits to the States of origin of migrant workers to enable them to enjoy a dignified retirement.

7. … • To establish binational committees to ensure the protection of the labour rights of migrant workers. • To develop – in coordination with countries of origin – information campaigns to disseminate information on the labour rights of migrant workers in their States and the obligation of States to comply with them. • To facilitate the transfer of remittances, capital, skills, and knowledge to the countries of origin of migrant workers.

8. … • In general, to ensure their social welfare, integration, and social cohesion. • To review systems for admitting foreign labour.

9. South-South Migration • Share common borders • Geographic proximity • Countries with coincident or similar development rates Characteristics:

10. … According to IOM • 33% of the global migration is South-North • 32% of the global migration is South-South • 28% of the global migration is North-North • 7% of the global migration is North-South

11. … DEVELOPED DEVELOPING

12. MIGRATION IN EL SALVADOR

13. Migration in El Salvador • As a country of origin, El Salvador has been a sending country or a country offering labour to other countries. • As a country of transit, the territory has traditionally been a place of transit for persons from all around the world (Latin American and Asian nationals).

14. As a country of destination • … a look at dollarization (2001) • CA-4 (2006) • Legal minimum wage • Article 10, Labour Code

15. Protection for Migrant Workers • International Human Rights Letter • UN Universal Declaration of Human Rights • International Covenant on Civil and Political Rights • International Covenant on Economic, Social, and Cultural Rights • Philadelphia Declaration • CN • Internal legislation

16. International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families Labour Inspection, C. 81, ILO Passing the Special Law for Assistance to Migrant Workers and their Families

17. Migration Policy Proposals • To establish a National and Regional Committee on Migration Policy. • To establish an intra-regional labour observatory. • To sign inter-institutional agreements and agreements with strategic partners. • To promote a regional agreement that enables access to social welfare, the portability of pensions, and the transfer of social benefits under an only mechanism which enables access to dignified retirement for regional and intra-regional migrant workers in their State of origin. Art. 32, CIPDTMyF. • To create the figure of “Labour Attaché”

18. Migration Policy Proposals • To enter into framework agreements at a regional level. • To regularize intra-regional persons and migrant workers in irregular situations. • To implement programmes to receive intra-regional labour under the mode of circular temporary migration and under the scheme of decent employment with voluntary return programmes. • To promote the project of issuance of an only labour visa or a regional and intra-regional work permit. • To homologate the competencies, knowledge, and professions of regional and intra-regional migrant workers.

19. Migration Policy Proposals • To establish regional and intra-regional mechanisms that enable unlimited access to labour justice (administrative and judicial) to enable migrant workers to claim their labour rights. • Agreements on implementation of professional or technical training of intra-regional migrant workers. • To establish mechanisms that prevent paying taxes twice on the income - salaries or fees – of migrant workers. • To sign regional or intra-regional agreements which enable preventing, addresssing, and combating trafficking in persons in all its modes, including labour exploitation.

20. THANK YOU