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.