social protection acp (to use)

Migration in ACP Countries : Promoting Development and Enhancing Protection

Extending social

protection to migrant

workers and their

families:Challenges and opportunities


Definition of Social Security

Adoption of public

measuresto ensure

basic income security to

all in need of protection, to relieve

and prevent destitution

• Sickness• Unemployment• old age• employment

injury• family

responsibilities• Maternity• invalidity or

death


A worker is like a tightrope walker…

Social protection net---------------------------------------------------------------------------


So now for migrant workers…

What are the challengesWhat are the challenges


What are the challenges?

In the country of destination

(during the migration period)

Migrant workers in a regular situation

Migrant workers in an irregular situation

In the country of origin (if return)

Families of migrant workers

Temporary migrant workers


Restrictions to migrant workers’ social security right under national legislation

Nati

on

al

Leg

isla

tion

Faced problems with regards to social security coverage and entitlement to benefits that national workersSocial security systems are established under national legislation

Social security systems are linked to periods of employment, economic activity or residence


Restrictions for Migrant Workers under National Legislation

Principal of Territoriality

Principal of Nationality

Lack of social security and coordinationi.e. lack of bilateral or

multilateral social security agreements


So for migrant workers…

WHAT COULD BE THE SOLUTIONS?


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


1. International level


ILO Standards for the Protection of Migrant Workers’ Social Security Rights

Equality of Treatment between

Nationals and Non-Nationals

The Equality of Treatment (Accident

Compensation) Convention, 1925

(No. 19) = 120 Ratifications

The Equality of Treatment (Social

Security) Convention, 1962

(No. 118) = 37 Ratifications

Maintenance of Migrant Workers’

Rights

The Maintenance of Social

Security Rights Convention,

1982 (No. 157) = 4

Ratifications!!!!

The Maintenance of Social Security

Rights Recommendation, 1982 (No. 167)


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 conclusion of bilateral or multilateral instruments

States Parties shall offer each other administrative assistance free of charge in order to facilitate the implementation of its provision and of their respective legislation


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 agreementsRecommendation 167 : model

provisions for conclusion of bilateral/multilateral agreements


List of ratifications

Netherlands

1 denunciation

4 Ratifications C.157Philippines

SpainSweden

Kyrgyzstan


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 LegislationSocial 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.


3.Maintenance of Acquired Rights and Provision of Benefits 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 AcquisitionThe contribution period served in other country should be taken into account when considering the qualifying period (principle of aggregation).

5. Reciprocity and mutual administrative assistanceFacilitation of administrative arrangements through liaison bodies to ensure a smooth coordination.


Problems regarding the Conclusion and Implementation of Social Security

AgreementsSocial 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 insufficientto ensure that contributions are paid to ensure that contributions are remitted in cost efficient

wayto ascertain whether all required conditions are satisfiedto distribute periodically for several years social security

benefits


2. National level


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 abroadIf 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


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


3. What migrant workers could do by their own?


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 schemesEX : Operation « parrainage santé » through

sponsorship/remittances- ECOLABS Programme Association – West Africa and Migrant workers in Ghana working in pineapple exports

!!! Importance of remittances: important proof of capacity of contribution!!!


The use of remittances


HOLD ON!

DID WE TALK ABOUT THE SP OF ALL MIGRANT WORKERS????


Migrant workers in irregular situations

Working 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?


Social Security Rights of Irregular Migrant Workers

Relevant ILO social security standards are silent regarding the protection of migrant workers in an irregular situation

Exception: Article 9(1) of the ILO Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which stipulates that irregular migrant workers shall have the same rights as regular migrant workers concerning social security rights arising out of past employment

Ratifications: 23


ILO’s recommendation

ILO Tripartite Meeting of Experts adopted in 2005 “The ILO Multilateral Framework 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 to provide social security coverage and benefits, as well as portability of SS entitlements, to regular migrant workers and, as appropriate, to migrant workers in irregular situation”

(“9.10.) Adopting measures to ensure that migrant workers and accompanying family members are provided with health care and, at a minimum, with access to emergency medical care, and that regular migrant workers and accompanying family members receive the same treatment as nationals with regard to the provision of medical care”

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