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Social Protection ACP (to use)
 

Social Protection ACP (to use)

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    Social Protection ACP (to use) Social Protection ACP (to use) Presentation Transcript

    • Extending social protection to migrant workers andtheir families:Challenges and opportunities Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Definition of Social Security • Sickness • Unemployment Adoption of public • old age measures • employment to ensurebasic income injurysecurity to all • family in need ofprotection, to responsibilities relieve and • Maternity prevent destitution • invalidity or death Migration in ACP Countries : Promoting Development and Enhancing Protection
    • A worker is like a tightrope walker… Social protection net--------------------------------------------------------------------------- Migration in ACP Countries : Promoting Development and Enhancing Protection
    • So now for migrant workers… What are the challenges Migration in ACP Countries : Promoting Development and Enhancing Protection
    • What are the challenges? Migrant workers in a regular situation In the country of destination Temporary migrant workers(during the migration period) Migrant workers in an irregular situation In the country of origin (if return)Families of migrant workers Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Restrictions to migrant workers’ social security right under national legislation Faced problems with regards to social security coverage and entitlement to benefits that national workersLegislation Social security systems are established under national legislationNational Social security systems are linked to periods of employment, economic activity or residence Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Restrictions for Migrant Workers under National LegislationPrincipal of TerritorialityPrincipal of NationalityLack of social security and coordination i.e. lack of bilateral or multilateral social security agreements Migration in ACP Countries : Promoting Development and Enhancing Protection
    • So for migrant workers… WHAT COULD BE THE SOLUTIONS? Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Policy options and instruments Coordination of social security rights of migrant workers by: •Multilateral agreements (ex : MERCOSUR) •Bilateral agreements Protection of social security rights by unilateral measures Protection of individuals e.g. private insurance Migration in ACP Countries : Promoting Development and Enhancing Protection
    • 1. International level Migration in ACP Countries : Promoting Development and Enhancing Protection
    • ILO Standards for the Protection of Migrant Workers’ Social Security Rights Equality of Maintenance of Treatment Migrant Workers’between Nationals Rightsand Non-Nationals The Equality of The Maintenance Treatment (Accident of Social Security Compensation) Rights Convention, Convention, 1925 1982 (No. 157) = (No. 19) = 120 Ratifications 4 Ratifications!!!! The Equality of Treatment (Social The Maintenance of Security) Social Security Convention, 1962 Rights (No. 118) = Recommendation, 37 Ratifications 1982 (No. 167) Migration in ACP Countries : Promoting Development and Enhancing Protection
    • C118 : Equality of Treatment - 1962Equality of treatment (provision directly applicable): •Each ratifying State shall provide equality of treatment with its own nationals to the nationals of any other ratifying State, to refugees and stateless persons •Equality of treatment shall be guaranteed on the territory of the ratifying State but also without any condition of residence on the territory when residence abroad •Equality of treatment applies to all branches for which ratifying State has accepted obligations of the Convention, irrespective of whether the other ratifying State has legislation in place regarding the benefit in question (global reciprocity) 9 branches of social security.Maintenance of acquired rights and the export of benefitsRatifying States shall endeavor to negotiate in good faith conclusionof bilateral or multilateral instrumentsStates Parties shall offer each other administrative assistance freeof charge in order to facilitate the implementation of its provisionand of their respective legislation Migration in ACP Countries : Promoting Development and Enhancing Protection
    • C157: Maintenance of Social Security Rights - 1982• International system for maintenance of acquired rights and rights in the course of acquisition• Ensure effective provision of the benefits when migrant workers return to their country of origin• Provides for the conclusion of bilateral or multilateral social security agreements Recommendation 167 : model provisions for conclusion of bilateral/multilateral agreements Migration in ACP Countries : Promoting Development and Enhancing Protection
    • List of ratifications 4 Ratifications C.157 Philippines Spain Sweden Kyrgyzstan 1 denunciation Netherlands Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Basic Principales of ILO Standards and Bilateral and Multilateral Instruments1. Equality of Treatment Between Nationals and Non-Nationals Non-national workers should have the same conditions as national residents in terms of coverage and entitlement to benefits.2. Determination of Applicable Legislation Social protection of migrant workers has to be governed by a single law to avoid double benefits or double obligation to pay social security contributions. Rules must be set for calculation and payment of benefits. Migration in ACP Countries : Promoting Development and Enhancing Protection
    • 3.Maintenance of Acquired Rights and Provision ofBenefits Abroad The rights acquired in other countries should be guaranteed to the migrant workers. There should be no restriction on the payment of benefits irrespective of the place of residence of the beneficiary (export of benefits).4. Maintenance of Rights in Course of Acquisition The contribution period served in other country should be taken into account when considering the qualifying period (principle of aggregation).5. Reciprocity and mutual administrative assistance Facilitation of administrative arrangements through liaison bodies to ensure a smooth coordination. Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Problems regarding the Conclusion and Implementation of Social Security Agreements Social security systems of migrant sending countries are insufficiently developed Impediment for conclusion of bilateral/multilateral agreements on « reciprocal » basis Social security systems of migrant sending countries are different to those of migrant receiving countries e.g. widespread use of provident fund systems Administrative capacity is insufficient to ensure that contributions are paid to ensure that contributions are remitted in cost efficient way to ascertain whether all required conditions are satisfied to distribute periodically for several years social securitybenefits Migration in ACP Countries : Promoting Development and Enhancing Protection
    • 2. National level Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Protecting Social Security Rights through Unilateral Measures Country of Employment (Labor Receiving Country) Equality of treatment for national and migrant workers as regards coverage of and entitlement to social security benefits Payment of benefits abroad If not possible: Reimbursement of contributions Crediting periods of insurance completed in another country for the purpose of giving immediate access to benefits Waiving long qualifying periods in favour of migrant workers Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Protecting Social Security Rights through Unilateral Measures Country of Origin (Labor-Exporting Country) A requirement (liability) on recruitment agencies to pay social security contribution to the national social security system for each worker recruited for employment aboard e.g. Indonesia and Philippines Voluntary insurance for nationals working abroad e.g. France, Jordan, Philippines Possibility of covering retroactively missing insurance periods Medical coverage for family members who are left behind and for returning migrant workers Government-sponsored Foundations Migration in ACP Countries : Promoting Development and Enhancing Protection
    • 3. What migrant workers could do by their own? Migration in ACP Countries : Promoting Development and Enhancing Protection
    • But Migrant workers can also… Join a voluntary insurance scheme Subscribe to complementary pension scheme EX : France the CRE – Caisse de retraite des expatriés Organize at community level/diasporas + setting up of Health Micro Insurance schemes EX : Operation « parrainage santé » through sponsorship/remittances- ECOLABS Programme Association – West Africa and Migrant workers in Ghanaworking in pineapple exports !!! Importance of remittances: important proof of capacity of contribution!!! Migration in ACP Countries : Promoting Development and Enhancing Protection
    • The use of remittances Migration in ACP Countries : Promoting Development and Enhancing Protection
    • HOLD ON!DID WE TALK ABOUT THE SP OF ALL MIGRANT WORKERS???? Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Migrant workers in irregular situationsWorking in the informal economy (no contributions) Working most of the time in “3D” jobs (construction – agriculture, domestic workers…) • Dangerous • Degrading • Dirty Deportation without recovering the social security benefits No access to emergency medical care Micro-insurance schemes as a solution? Migration in ACP Countries : Promoting Development and Enhancing Protection
    • Social Security Rights of Irregular Migrant Workers Relevant ILO social security standards are silent regarding the protection of migrant workers in an irregular situationException:Article 9(1) of the ILO Migrant Workers (SupplementaryProvisions) Convention, 1975 (No. 143), which stipulates thatirregular migrant workers shall have the same rights asregular migrant workers concerning social security rightsarising out of past employmentRatifications: 23 Migration in ACP Countries : Promoting Development and Enhancing Protection
    • ILO’s recommendation ILO Tripartite Meeting of Experts adopted in 2005 “The ILO MultilateralFramework on Labour Migration: Non-binding principles and guidelines for a rights-based approach to labour migration”, which lies down the following“(9.9.) entering into bilateral, regional or multilateral agreements toprovide social security coverage and benefits, as well as portability ofSS entitlements, to regular migrant workers and, as appropriate, tomigrant workers in irregular situation”(“9.10.) Adopting measures to ensure that migrant workers andaccompanying family members are provided with health care and, at aminimum, with access to emergency medical care, and that regularmigrant workers and accompanying family members receive the sametreatment as nationals with regard to the provision of medical care” Migration in ACP Countries : Promoting Development and Enhancing Protection