Bilateral Agreements: A Path
to Regional Regulation of
Migration in East Asia?
David Chiavacci
Pathways to Legitimacy? The Future of Global and Regional Governance
CSGR/GARNET Conference, University of Warwick, 17-19 September 2007
Introduction
•
Since late 1980s, East Asia established as migration region
and increasingly migration movements
•
Repeatedly calls for stronger regional cooperation concerning
migration in East Asia
•
New multilateral forums, but enforceable multilateral
agreement or regional regime for non-highly skilled workers
very difficult
•
New bilateral agreements a good alternative or even a path to
regional regulation of migration?
Overview
1. East Asian Migration Region: Emergence and Patterns
2. Multilateral Regional Migration Forums
3. Bilateral Agreements in East Asia as Path to Regional
Regulation?
4. Concluding Remarks
Emergence of the
East Asian Migration Region
•
1945 to 1970s: East Asia a non-migration region
•
1970s onwards, emigration to Anglo-Saxon immigration
countries of New World and oil-exporting countries of Golf
region
•
Early 1980s onwards, increasingly intraregional migration
flows
•
Late 1980s, establishment of East Asian migration region
Regional Origin of Asian Foreign
Workers in Asia, late 1990s (in thousands)
Gulf Cooperation Council
Malaysia
Thailand
Singapore
Hong Kong
Japan
Taiwan
South Korea
Brunei
West Malaysia
East Malaysia
0
300
600
900
South Asia
Source: Own Calculations based on Stahl (2003: 36-37).
1200
1500
East Asia
1800
2100
Patterns of the
East Asian Migration Region
•
Very defensive policy approach
•
•
Unilateral migration policy
Neither multicultural integration nor assimilation, but exclusion
of foreign immigrants
•
Crucial role of private migration industry in regional migration
movements
•
Intraregional differences
•
•
Advanced economies with relative strict enforcement
Semi-peripheral economies with relative loose enforcement
Need for Stronger
Regional Cooperation
•
Problems
•
•
•
•
•
Political tensions due to migration issues
•
•
Large number and share of undocumented foreign workers
Exploitation of foreign workers
Human rights infractions
Human trafficking, debt-bounded migration
E.g. between Philippines and Malaysia
Recurring calls for stronger regional cooperation regarding
international migration
Overview
1. East Asian Migration Region: Emergence and Patterns
2. Multilateral Regional Migration Forums
3. Bilateral Agreements in East Asia as Path to Regional
Regulation?
4. Concluding Remarks
New Multilateral Initiatives
•
Manila Process (established 1996)
• Irregular migration and trafficking in persons
• 1999 Bangkok Declaration
•
Inter-Governmental Asia-Pacific Consultations on Refugees,
Displaced Persons and Migrants (APC, established 1996)
•
Bali Process (established 2002)
• People smuggling, trafficking in persons and related
transnational crime
•
ASEAN
• 2007 ASEAN Declaration on the Protection and Promotion of the
Rights of Migrant Workers
Strength and Deficits of
Multilateral Initiatives in East Asia
•
Important forums for information sharing and dialogue among
governments
•
Increased understanding and consciousness of migration
issues
•
No binding agreements, no overlooking institution
•
Enforcement of even very general declarations not granted
•
Specific migration issues discussed, but not general dialogue
on migration issues or migration and economic development
•
What is achievable in view of large number of participating
economies and economic differences?
Overview
1. East Asian Migration Region: Emergence and Patterns
2. Multilateral Regional Migration Forums
3. Bilateral Agreements in East Asia as Path to Regional
Regulation?
4. Concluding Remarks
FTA-Stampede in East Asia
•
Strong increase of bilateral trade agreements in East Asia
(FTA-stampede)
•
Negative, pessimistic view
•
•
•
•
Positive trade discrimination
Noodle bowl because of rule of origins
Increasing rivalry between PR China, Japan and South Korea
Positive, optimistic view
•
•
Important first step for an East Asian free trade area
Increasing number of bilateral agreements concerning migration
a step towards regional regulation?
Reached Bilateral Agreements
concerning Migration in East Asia
•
Types of agreements
• Memoranda of Understanding (MOU): “soft approach”, very broad
framework
• Bilateral Agreements (BA): more specific, formal and binding
•
Malaysia and Thailand: a number of MOUs with countries of
origin
•
South Korea: 6 MOUs under Employment Permit System
(Indonesia, Mongolia, Philippines, Sri Lanka, Thailand and
Vietnam)
•
Taiwan: BAs (Thailand and Vietnam) and MOUs (Indonesia and
Philippines)
•
Japan: Economic Partnership Agreements (Philippines,
Thailand and Indonesia)
A Step Forward?
•
Positive, optimistic view
•
•
•
•
•
Migration flows primarily bilateral and not regional (especially
flows of non-highly skilled workers)
Possibility of specific solutions for bilateral problems
Migration as general issue addressed
Positive discrimination, but binding regional agreement in view
of economic and demographic gaps for the time being realistic?
Negative, pessimistic view
•
•
•
•
“Soft” MOUs really a step forward?
Some provisions in agreements do not conform to international
norms and good practice on protection of migrant rights
Migration in agreements very rarely linked to other economic
issues
Monitoring and enforcement of MOUs and BAs (especially
concerning foreign worker protection)
Northeast Asian
Economies as Regional Leaders?
•
Taiwan
• Foreign guest worker program since 1989
• Background: impede undocumented migration from PR China and
hollowing-out of industry to PR China
•
South Korea
• Foreign trainee program
• 2004, introduction of guest worker program
• Initial quotas very low
•
Japan
• Foreign trainee program
• EPAs with Philippines, Thailand and Indonesia including migration
clauses (strong linkage)
• Initial quotas very low
• Non-highly skilled workers?
Driving and Retarding Factors for
a Less Unilateral Immigration Policy
•
Driving factors
•
•
•
•
•
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Security and internal order
Labor shortage (also in not exportable economic sectors)
Economic gains
Improvement of international status
Regional leadership aspiration
Retarding factors
•
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Nationalism (mono-ethnic states)
Ability to control national border
European guest worker programs generally regarded as failure
Regional oversupply of non-highly skilled labor
Potential size of flows due to demographic and economic gaps
Size of PR China and Indonesia
East Asia and Emigration Trap
Size of emigration flow of
non-highly skilled workers
Emigration trap
Development of Philippines
European experience
Economic development
Overview
1. East Asian Migration Region: Emergence and Patterns
2. Multilateral Regional Migration Forums
3. Bilateral Agreements in East Asia as Path to Regional
Regulation?
4. Concluding Remarks
East Asia and Migration
•
Paradoxes of migration in East Asia
• Economic gains, but politically problematic
• Regional regulation needed because of potential migration
movements, but very difficult because of potential migration
movements
•
MOUs and BAs as alternative or even path to regional
regulation?
• Very difficult
• Still, development only at the beginning and at least important
supplement to regional forums
• FTA/EPA between PR China and Japan including migration
clauses?
•
Migration not a driving force for regional integration; stronger
regional institutions precondition for regional regulation of
migrations