NEED FOR CONCERTED EFFORTS IN MIGRATION MANAGEMENT

By Eunice Chipangula

Migration management has always been the bone of contention in countries in the region as well as internationally. Migration in itself is not a problem, but a phenomenon as old as history. As the trends indicate, it is likely to increase in future and this calls for strategies to regulate or govern it and not how to stop it.
Migration becomes a contentious issue particularly when it comes to labour matters. Migrants have in one way or another been viewed as a threat by the host society in terms of competition in accessing jobs and other social amenities or as criminals or terrorists. This is so because irregular (illegal) migration has generally been bringing about problems such as undermining of respect of national sovereignty, the integrity of borders, legal channels of border crossing and the rights of states to determine who will enter their territory or not; lack of respect for the rule of law; trafficking and human smuggling across borders and widespread corruption at borders and amongst enforcement agents whereby migrants obtain false documentation or pay bribes in order to avoid arrest and deportation.
Other problems include exploitation by employers of vulnerable migrants who are afraid of reporting violations of their rights to authorities; undermining of labour legislation since irregular migrants are used to undercut local workers and collective agreements and growing hostility and resentment towards migrants leading to violence against them, including those who are legally in a country such as refugees.
This has therefore exposed migrants to various forms of abuse, exploitation through forced labour, constraints on acquired rights of social security and their portability, discrimination and xenophobia. The most affected have always been women migrants in irregular status and trafficked persons.
Many governments in the SADC region have therefore been viewing migration as a significant and growing problem in the region. However, after a careful analysis of the issue, the International Labour Organisation (ILO) and the international community now see migration as a positive factor provided it is regulated well. The AU/EU joint declaration ministerial meeting made in Tripoli in 2006 on migration and development argues that “well managed migration is of benefit to both Africa and the EU and can help with the achievement of Millennium Development Goals in the area of labour migration”. It focuses on brain drain, its consequences and possibilities for mitigation and that migrants human rights be respected and promoted.
In view of globalization and other international trends, the benefits migration has brought to countries of migrant origin and destination cannot be ignored. In countries of origin, migration has in some instances reduced pressures on labour markets in labour surplus countries; brought in some returns in the form of skills, savings, social capital and investments; mobilization of transnational communities through investments overseas; transfer of skills and technology and has helped but not solved the problem of decent work deficits and lack of development.
In destination countries, migration has helped to tackle population decline and ageing; supported social security and welfare systems; addressed labour shortages; promoted entrepreneurship and therefore growth; promoted cultural and social diversity and contributed to fiscal systems.
It is also a well known fact that despite such benefits to both countries of origin and destination, there have been challenges. Treatment and protection of migrant workers leaves a lot to be desired, brain drain from developing countries especially health care drain, brain waste (lack of qualification recognition), growth of irregular migration, poor integration of migrants in host societies and poor governance of migration have been the other side of the coin of migration.
On the overall respect for migrant rights is essential for ensuring and sharing the benefits from migration.
“Current migration policies in many countries favour skilled at the expense of low skilled workers leading to serious brain drain for developing countries, channeling a substantial number to irregular economy, dramatic increase in trafficking and smuggling of human beings and preventing development benefits to the poor”, a senior migration specialist at the ILO office in Geneva, Piyasin Wickramasekara observes.
It is in this context that ILO approaches labour migration as a labour market and decent work issue through its work with labour ministries internationally, by encouraging a tripartite (government, employer, worker involvement) approach in migration issues, rights based approach and pioneered international instruments, multilateral framework on labour migration in 2006 and international cooperation.
The ILO 2004 resolution on migrant workers and the multilateral framework on labour migration provides a criteria for a sound and credible labour migration policy regime as one consistent with protection of rights of migrant workers in line with international instruments; based on recognition of mutual benefits; in line with labour market needs and expanding avenues for regular/ legal migration, building a public consensus on need for migrant workers. It is also based on circulation and mobility friendly migration policies; bilateral, regional and international cooperation; according greater role for social partners and civil society; decent work for migrants and facilitating migration by choice and not by need. In general, ILO is advocating for unilateralism, bilateralism and multilateralism when it comes to managing labour migration issues. Unilateralism through the establishment of national migration legislations and regulations within states, bilateralism through formal or informal bilateral labour agreements between origin and destination states of migrants and multilateralism through regional protocols and other international instruments on migration and labour signed and ratified by states.
Within the Sadc region, all countries have their own national immigration/migration legislation and regulations. The majority of the laws on immigration use an integrated system to grant permission for temporary employment, where the regulation of a person’s right to enter and reside in the country is combined with the right to work. Sometimes, persons who are granted a temporary residence permit for a purpose other than employment may also be granted permission to work. But generally, most Sadc countries explicitly take into account the effect of expatriate employment on domestic workers either directly through the consideration of domestic employment as a factor in the decision to grant the work permit or indirectly through a requirement of diligent search/advertisement for local workers.
Therefore in terms of regional efforts, Mr Arnold Chitambo, a Senior Official at the SADC Secretariat says there is need for Sadc to put in place policies, frameworks, legal instruments and structures to effectively manage migration.
“Sadc must move quickly to ensure ratification of the protocol on the facilitation of movement of persons in Sadc. It is also important to implement the directive of Sadc ministers of labour and social partners issued recently to develop a specific protocol on employment and labour which will contain issues of migration,” he says.
He also points out the need to seriously look at harmonization of policies to reduce inconsistencies as Sadc member states handle/manage issues of migration. “Collaboration in areas of brain drain, brain waste and remittances will ensure successful regional integration”, he says.
A representative of Sadc Employers groups John Mufukare from Zimbabwe says labour migration policies must be based on sound economic policies in view of the challenges brought about by each country’s economic status.
On his part, a government representative from Namibia Christian Horn says to ensure sustainable development in the region and positive contribution from migration, integrated policies on labour migration must be put in place in the region.
Workers representative from Swaziland Jan Sithole says migrants must be recognized as economic generators and taxpayers by treating them with dignity and regularizing their status and rights.
The bottom line here is therefore that a lot needs to be done in terms of harmonization of national policies, legislations within and among states if the region and the world are to effectively manage migration and reap benefits for both migrants and states that will result into successful integration. Since cross-border labour migration is one of the most visible forms of migration, it requires significant attention within and between states in the region. Regional structures, mechanisms need to be put in place to manage or regulate labour migration between member states through a joint collaborative regional initiative or bilateral and multilateral arrangements.
It is a well known fact that all states in the region have laws, policies and regulation that pertain to labour and migration separately. However, no states have any significant laws, policies and legislation that pertain to labour migration. There is therefore need for such significant laws, policies and regulations on labour migration.
The Sadc region and the world over need more and better migration policies- not more and better controls and policing.

CIVIC EDUCATION AND LAW ENFORCEMENT KEY TO THE FIGHT AGAINST SEXUAL HARRASMMENT AND GENDER INEQUALITY

By EUNICE CHIPANGULA

Efforts by countries like Malawi to put in place legal provisions against sexual harassment will not be in themselves a means to an end of such acts. The law itself will not end such acts but its popularisation, sensitization and enforcement. The law’s enforcement will just act as a fallback position for cases. People in Malawi need to know what sexual harassment is and this can be achieved through mounting massive civic education, with the youth being the targets. Attention needs to be made on the young ones on educating them on gender equality issues and what the law says so that they begin to see each other as equals and not sexual objects and later on begin to live the law as part of their new culture. Decision makers also need to be targeted if we are to inculcate in them that the issues they understand as being normal regarding men and women were socially constructed but need to be changed. It is in this context that a recommendation to introduce legal provisions in Malawi in the Gender Equality Act which is in the pipeline to define sexual harassment as a gender problem and criminally prohibit it has been applauded by women in Malawi.
One of the gender activists, Bertha Sefu says she is very happy with the recommendation since she believes it will bring sanity in the workplace and the society in general if there is proper enforcement.
“The proposal is welcome. However, putting in place mechanisms or legal provisions is one thing but enforcing it is another. If there is proper enforcement women would be much happier since if it is not there, it will do more harm than good to complainants socially, emotionally and psychologically”, Sefu said.
The Malawi society has been heavily affected with sexual harassment especially in the workplace which is somehow aggravated by culture and tradition, rendering it to be viewed as a normal or traditional thing not as a crime.
“I believe this law will bring sanity in the Malawi society if all the players dealing with enforcement understand the issue of sexual harassment and its effects on individuals and their future. This will in the end render the law effective and restore the dignity of women. If enforcement cannot be done properly then it will be equally as the same not to have the laws in place”, Sefu observed.
The enactment will therefore just be a just a step into the right direction. However, proper action through implementation and popularizing the law needs to follow.
Pastor Constance Nsapato of the Oasis of the Lord Church said women deserves to be treated with dignity if the nation is to prove that it is indeed God fearing. She however said laws were made for people because of sin and it is very important that efforts be undertaken for people get the message of the law the same way the message of salvation is put across. “The Church is one of the biggest players in these efforts because most people respect their churches. Talking to them about the law and applying issues of the badness of sexual harassment together with biblical principles will greatly help in changing our society”, she observed.
One may ask why this development being mostly applauded by women. Sexual harassment which falls within the realms of sexual discrimination as a manifestation of an imbalance in power relations and likely to occur in the workplace as well as on other fiduciary relation raises gender questions since it is mostly women who are subjected to it due to power imbalances between men and women.
There is a further proposal to allow civil claims on sexual harassment cases; to oblige employers of more than five people to develop mechanisms for dealing with sexual harassment and regulate compliance mechanisms on sexual harassment. The workplace has seen most of the violations when it comes to issues of promotions, access to resources and women enjoying rights which are enjoyed by men of the same job. This has greatly affected their development over the years and participation in decisions for the country.
The Gender related Law Reform Commission says research has established that the Malawi society still violates the dignity of women on the basis of their sex, marital status or gender in a number of forms.
“Despite the Malawi Constitution providing that the dignity of all persons shall be inviolable; there is serious violation of dignity in the country with a lot of acts that negatively affect the worthiness of a woman,” it observed.
The Commission said that the violations are in relation to sexual harassment, domestic violence, deprivation of property, censorship and classification entertainment and women in political dances.
“Dignity being a crosscutting issue, the negative acts affect women’s participation in development, lowers their self esteem to make informed decisions about their lives and in the end their well being is compromised,” the Commission said.
It is therefore important to inculcate a change of traditional or cultural views that negatively affect women. When carrying out such efforts, the media being one of the main language forming institutions that carries and perpetuates issues of gender inequality in our society needs to be sensitized too since findings have not spared the media as it has been found that it is grossly violating women’s dignity through its products.
“Certain programmes and songs aired on radios and television are degrading to women. The Communications Act which currently highlights the general obligation of broadcasters not to broadcast any material that is indecent, obscene or offensive to public morals needs to be reviewed for it to be specific in addressing negative portrayals of women. In addition, the Malawi Communications Regulatory Authority (MACRA) should enforce the regulations of the Communications Act to ensure that broadcast products affirm women, men and children rather than violating their dignity,” the Commission noted.
In relation to the print media, we count on the recently resurrected Media Council of Malawi that it will be firm in ensuring that newspapers abide by their professional ethics especially by desisting from publishing cartoons that depict women and ascribe them to activities that portray them as immoral objects for sexual pleasure.
It is however sad that despite the Censorship and Control of Entertainment Act being reviewed in 2001, it remains unenacted. This can act as a setback. In support of the Commissions observation on that its lack of enactment is retrogressive, government should look into its enactment and the incorporation into the Gender Equality Act a specific legal provision that will enshrine the protection of all persons dignity in the print media, prohibition of gender stereotyping and criminal deterrent and not punitive measures of violation of dignity in the print media. Massive civic education of gender issues, understanding of such issues and enforcement of genderrelated laws by all players will in the end ensure that people begin to live the law and in turn it will become part and parcel of their new culture

THE GENDER FACE OF LABOUR MIGRATION- URGENT NEED TO ENGENDER LABOUR MIGRATION POLICIES

By Eunice Chipangula

In view of globalization, migration is likely to increase in future, so too the need to come up with a comprehensive labour market information system and put in place policies to regulate or govern it. The International Labour Organisation (ILO) observes that with the increasing informality in the labour market, there is need for countries to have up to date data and put in place such policies as social protection to ensure the respect and promotion of rights of migrant workers. One such area that cannot be ignored when coming up with such information system and policies is the most vulnerable category of migrant workers that includes women, young workers and low income workers. These are either self-employed, in small and micro enterprises, in social/community services, transport, construction, agriculture, temporary, domestic and housework. Unfortunately the gender dimensions of migration have been largely ignored in Southern Africa. Judica Amir-Makhetha of the ILO office in Pretoria says gender issues need to be mainstreamed in the migration debate so that gender equality can be promoted through gender responsive policies.
“There is stereotyping and failure of accurate representation of migration issues pertaining to both men and women. The stereotypical face of migration in the SADC region is male (miners), the language used is male biased, there is lack of enough data for gender analysis and lack of understanding masculinity in the context of migrant work”, Ms Makhetha observed at the recent Labour administrators capacity building workshop on migration organized by ILO in Botswana.
Putting in place such policies will therefore ensure that the benefits of migration are maximized since such benefits will depend on the conditions of work and the protection of rights of these migrants.
According to the information from the UN population division, as of 2005, almost half of the 191million total migrants were women. The motivation behind their migration has been a search for better opportunities for decent work; famine, natural disasters; violent confli8ct or persecution; voluntary or forced migration including trafficking, international and internal displacement due to wars and conflict. Despite the effects migration has to both men and women, the extent of the effects on them is different. This is so because the gender element in this migration phenomenon is related to motivation to move, the migration processes itself, the condition migrants find on their arrival in the country of destination and that left behind in countries of origin. Research has confirmed that internationally, men are more mobile than women and it is women who are more often left behind; men’s migration is undertaken more independently than that by women who always think of who they have left behind; men’s migration is more often than not linked directly to access to employment; men move further and to a wider range of destinations and that women are disadvantaged by male out migration. In addition, migrant women have fewer employment opportunities than migrant men in destination labour markets; men migrate across a wide range of ages whereas female migrants tend to be young; and women maintain more enduring social and economic links between areas of origin and destination. Although statistics for the SADC region indicate that males predominate in cross border migration, the feminization trend of labour migration has seen a shift in reasons for women’s migration with more and more women becoming independent labour migrants. In 2001, it was established that more women in southern Africa migrated for the purpose of informal trading, shopping and visiting family and friends. They often see migration mainly as a strategy to allow them offer better living conditions to their families, whether in the country of origin or destination. In addition, the labour market is highly stratified by gender and provides very different in incentives and opportunities for labour migration by males and females. For instance, in the region, 99 percent of mine workers are male. There is no equivalent employment sector for women in which there is comparable ease for entry.
When it comes to discrimination, gender based norms and socio-cultural factors limit women’s economic opportunities, relegating women to low, semi-skilled and exploitable labour. This has been worsened with the transglobalisation of economies that has created a labour demand in low paying service sectors of developed economies. In addition, sex disaggregated labour markets continue to contribute to the increase of discriminative labour markets in countries of destination. This in the end leaves women migrants in unregulated sectors such as domestic work, farms and the sex industry. Women migrants are less likely to be awarded rights and possibilities for regular migrant status as compared to males since most legal channels of migration offer such opportunities to typically male dominated sectors. Again, as migrants, women get pushed into illegal channels or unprotected informal sector where exploitation and poor working conditions characterized with lack of information to protect themselves against offences and crimes is the order of the day. Worse still, migration policies and regulations for admission and entry currently in force advantage men than women.
It is in the context outlined that generally, women migrants are disadvantaged and more prone to abuse, exploitation than men and thereby heavily affected by the HIV and Aids pandemic. These issues must therefore be brought to the attention of policy makers in the region urgently to avoid aggravating social inequalities in the labour market.
The gender dimension of labour migration therefore needs to be fully explored to ensure adequate information and a comprehensive analysis on the ground. This will then inform the process of engendering migration policies and regulations so that gender responsive programmes in labour migration are undertaken.