Social Protection for Migrant Workers: National and International Policy Challenges
| Author | Wouter van Ginneken |
| DOI | 10.1177/138826271301500206 |
| Published date | 01 June 2013 |
| Date | 01 June 2013 |
| Subject Matter | Article |
MIGRANT WORKERS:
NATIONAL AND INTERNATIONAL
POLICY CHALLENGES
Wouter van Ginneken*
Abstract
In the current global context, many migrant workers, and in particular women and
irregular workers, are not – or are very inadequately – covered by social security
and other social protection programmes. Current human rights standards related
to migrant workers and families have so far had little impact on this situation.
Th
is article fi rst examines various national approaches to extending social security
to migrant workers in low-, middle- and high-income countries, such as through
affi
liation to the social security systems in countries of employment and countries
of origin. It then attempts to assess the impact of regional and other international
migration and social security agreements, particularly within the European Union.
It also explores the potential impact of wider ratifi cation of ILO and UN Conventions
on migrant workers, which would ensure basic social and labour protection, in
particular for irregular migrant workers. Th
e article concludes with some key policy
challenges for the future, including for improved regional and global governance.
Keywords: governance; human rights; migrant workers; multilateral agreements;
policy challenges; social protection
*
Dr. Wouter van Ginneken is an ex-staff member of the International Labour Offi
ce (OIT), where
he worked – amongst others – on the extension of social security. He has published extensively
on employment, income distribution, technology and social security – in low-, middle- and high-
income countries. He has been a consultant with various international organisations, such as the
ILO, ISSA, UNRISD, EU and the Council of Europe. He is the Vice-Chairperson of the Editorial
Board of the International Social Security Review. Address: 497, Chemin de Chané 01220 Divonne-
les-Bains, France; tel: +33 (0)45 020 0856; email: van.ginn@orange.fr.
European Journal of Social Security, Volume 15 (2013), No. 2
209
Wouter van Ginneken
1. INTRODUCTION
In our globalising economy, migration has become an increasingly important issue.
For countries of origin, migration has various advantages, such as a reduction in
un(der)employment and the prospect of remittances; for countries of destination,
migration can be a solution to labour shortages and it usually provides access to
relatively cheap labour. However, the social consequences of these growing migration
fl ows have become more apparent, in particular in high-income countries.
Th
e access of migrants to social security and social protection provided by
many welfare states has therefore become problematic, particularly in high-income
countries. Various countries of destination restrict access to social benefi ts, partly
to discourage immigration and partly to maintain the national social cohesion that
is the foundation of national welfare states. Th
ey have therefore started to encourage
circular and temporary migrant programmes, because temporary migration seems
to be better accepted by the indigenous population than permanent migration. In
addition, circular migration takes better account of the interests of migrants and the
well-being of the country of origin (Gagnon and Khoudour-Castéras 2011).
Th
e fact is that many migrants, and in particular women, are oft en not covered
by social security and other social protection programmes in either their country
of employment or their country of origin. Th
is article explains why human rights
standards related to migrant workers and their families have so far had little impact
on this situation. Th
e article then examines various national approaches to enhancing
the migrants’ access to social security, such as affi
liation to the social security systems
in the country of employment and the country of origin. It then assesses the impact
of multilateral migration and social security agreements and explores the potential
impact of wider ratifi cation of ILO and UN Conventions on basic protection,
particularly for irregular migrant workers. In the concluding section some key policy
challenges for the future, including improved regional and global governance, are
identifi ed and reviewed.
2.
MIGRATION AND HUMAN RIGHTS IN THE PRESENT
GLOBAL CONTEXT
Th
e United Nations estimates that in 2009 more than 210 million people – 3.1 per cent
of the world population – lived outside the country in which they were born. About
one-third of them migrated between high-income countries, one-third migrated
from low- and middle-income countries to high-income countries, whereas the
remaining one-third moved between low- and middle-income countries. However,
the global situation is changing rapidly. Middle-income countries are becoming more
important – economically and politically. Most low- and middle-income countries
offi
cially espouse restrictive immigration policies, except within the context of
210
Intersentia
Social Protection For Migrant Workers: National and International Policy Challenges
regional economic agreements. In practice, these policies have been implemented
with diff erent degrees of eff ectiveness. An estimated 50 million people are living and
working abroad with irregular or uncertifi ed status (UNDP 2009).
Migrant workers are in principle protected by international legal instruments,
which cover a wide variety of issues. Th
ere are two ILO standards (the Convention
and accompanying Recommendation) that cover core issues concerning the entire
migratory process, i.e. emigration, immigration and transit. Th
e Migration of
Employment Convention (1949), which has been ratifi ed by 49 countries, including
most Western European countries, covers only migrant workers of regular status. It
was prompted by a concern to facilitate the movement of surplus labour from Europe
to other parts of the world in the aft ermath of the Second World War. Th
e Migrant
Workers (Supplementary Provisions) Convention (1975), which was ratifi ed by only
23 countries, some of which are EU Member States, covers migrant workers with
regular and irregular status, with some provisions covering all migrant workers and
other provisions granting additional rights to those of regular status. By the mid-
1970s governments were becoming increasingly concerned about unemployment and
the increase in irregular migration.
Th
e UN International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families (MWC), which was adopted in 1990, covers
all regular and irregular migrants. It guarantees equal rights, for example, in training,
housing and freedom of movement, and aims to eliminate illegal employment and
prohibit collective expulsion. However, unlike the other seven major Conventions on
Human Rights, it has been ratifi ed by only 45 countries, including none from the
North − except Mexico and Turkey, which are both OECD members. Large middle-
income countries, such as Brazil, China, India and South Africa, have not ratifi ed this
Convention. Th
e refusal by Northern and BRICS countries to ratify this Convention
is explained primarily by the relatively strong rights that are granted to irregular
migrants.
Th
e ILO Recommendation concerning national fl oors of social protection,
which was adopted in June 2012, constitutes an important step towards the right to
social security, including social security for migrants and their families (ILO 2012).
Th
e Recommendation concentrates on fi nancial access to health and other social
security programmes, but the general concept behind the social protection fl oor is
much wider, and includes most social services, such as social security, health care,
education, water and sanitation, housing, and food (ILO 2011). Th
e Recommendation
defi nes four basic social security guarantees,...
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