Migration and Mode 4 of GATS

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Managing the
Temporary Movement
of Foreign Workers
Sophie Nonnenmacher
Migration Policy Specialist
Migration Policy, Research and Communication Department
Structure of the
presentation
1. Introduction: Why promoting labour mobility
matters?
2. What is GATS Mode 4?
3. How is labour mobility regulated today?
4. Conclusion: How to achieve policy coherence?
1. Why promoting labour mobility matters?
Global economic gains
Migration regulators’ concerns
- Security
- Sovereignity
- National identity
- Social services
Est. USD 150 bl.-200 bl. per year
Remittances: USD 318 bl in 2007
Response to employment,
demographic, social, environmental
challenges
- Impact on domestic labour markets:
• wages
• certain job
categories
2. What is GATS Mode 4 ?
Mode 4 within the overall migration picture
Migrants worldwide -- all categories
200 million
Labour migrants
90 million
?
?
Temporary labour
migrants
Mode 4: temporary
movement of persons
for the provision of
services
2. What is GATS Mode 4 ?
Defining Mode 4
“the supply of a service (…) by a service supplier of
one member, through the presence of natural
persons of a member in the territory of any other
members” (Art. I. 2-d).
The Annex : does not apply to measures affecting
access to the employment market of a member or
to rules on citizenship, residence or employment
on a permanent basis.
Temporary
Mode
4
Entry for
specific purpose
(not in labour
market)
2. What is GATS Mode 4?
Defining issues
- Lack of uniform international definitions
- How long is temporary ?
?
Who are GATS Mode 4 service providers ?
 Self-employed or independent service suppliers
 Employees of a foreign company who are sent to fullfil a contract
with a host country client
 Employees of foreign companies established in the host country
(Intra Corporate Transferees)
 Business visitors
3. Mode 4 within overall migration picture
Two sets of realities
Developed along parallel tracks
Relevant regulatory framework:
Governmental
policies & practices
for
migration
management
Mode 4
Framework governing migration
Mode 4: not a migration agreement ; it’s about trade in services
4. Tools/Mechanisms for Managing Temporary Labour Migration
Migration management: first and foremost at national level
a. Countries of destination
- Objectives
- Meet demand for labour
- Protect domestic jobs and wages
- Manage intra corporate transferees
- Provide domestic business access to services
(contractual service suppliers).
- Promote business or investment more broadly
(business visitors).
- Tools
- Admissions policy
- Quotas
- Labour Market Assessments
- Work Permits
- Economic Needs Tests
4. Tools/Mechanisms for Managing Temporary Labour Migration
b. Countries of origin
- Objectives
- Place excess labour overseas
- Acquire & transfer home skills & resources
- Facilitate flow of remittances
- Tools
Philippines Overseas Employment Agency (POEA)
- Recruits
- Screens
- Prepares
- Supports
Filippino workers for overseas employment
4. Tools/Mechanisms for Managing Temporary Labour Migration
Inter-state Cooperation
- Recognition transnational phenomenon:
transnational approaches
- Increasingly globalized
labour market
- Rise of migration on int. agendas
4. Tools/Mechanisms for Managing Temporary Labour Migration
Tools
Bilateral labour agreements
- On the rise
- Multiple goals
- All skill levels
Regional trade and
integration
agreements
- Increasing
Regional Consultative Processes
4. Conclusion: How to achieve policy coherence?
Governmental
policies & practices
for
migration
management:
Unilateral/Bilateral/
Regional/GATS Mode 4
Trade and trade in
services policy
Economic, social and
human Development
THANK YOU
www.iom.int
snonnenmacher@iom.int
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