Family. Migration and Dignity by Christopher Leonard

Special Issue of QScience Proceedings

ISSN 2226-9649 March 2013

About DIFI The Doha International Family Institute (DIFI), formerly, The Doha International Institute for Family Studies and Development (DIIFSD), was established in 2006 by Her Highness Sheikha Moza Bint Nasser, chairperson of Qatar Foundation. DIFI is a member of Qatar Foundation for Education, Science and Community Development and has a Special Consultative Status with the United Nations Economic and Social Council (ECOSOC). Research is DIFI’s core business area and its research priorities are: marriage / family structure, women issues, fertility/ demographic issues, child and family safety and parenting. About this special issue The papers reflect the personal opinion of the authors and are not necessarily endorsed by the Doha International Institute for family Studies and Development. About QScience Proceedings This is a special journal devoted to archiving the proceedings and outcomes of academic conferences held in Qatar and throughout the world. All of the issues are open access, that is they are free to read and reuse–provided the original source is attributed–and are published under a Creative Commons Attribution licence (CC BY-3.0)

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Family, Migration & Dignity Special Issue

Executive summary Family Policy Director, Doha International Institute for Family Studies and Development

Amina Mesdoua I

Format and participation 1.

The Doha International Institute for Family Studies and Development (DIIFSD) organized a symposium on Family, Migration and Dignity from the 27th to 29th March 2012 in Doha, Qatar. Experts dealing with various aspects of migration, human rights and social development were invited from a broad geographical distribution to participate in the meeting in their personal capacities. The Experts included academicians, practitioners, NGOs and experts from UN agencies. The symposium was opened by H.E. Mrs Noor Al Malki Executive Director of the DIIFSD. Her statement was followed by statements from M .Hafedh Chekir, the Regional Director of UNFPA and M .Patrick Taran, President of Global Migration Policy Associates. Eight sessions followed by three dialogue sessions were held during the symposium. Each session considered a different topic. Session 1 focused on migrant families in destination countries: experiences, Session 2 discussed families in origin countries affected by migration, Session 3 considered gender, family and migration, Session 4 discussed specific impact on and risks for children, Session 5 focused on regimes of migration: impacts, costs and issues, Session 6 considered training, schooling and employment for affected children and youth, Session 7 was devoted to policy considerations and the concluding session discussed the recommendations and the way forward.

II Key Issues: 5.

http://dx.doi.org/10.5339/ qproc.2013.fmd.25 ÂŠ 2013, Mesdoua, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

The participants in the symposium examined the link between the Family and migration and how international migration affects families, in particular women and children, and how family functions in the context of migration can be strengthened by policies and practices. There was a general consensus that the symposium presented a historic and unique opportunity to discuss the challenges, the overall impact of migration on the family and identify ways and means to maximize the benefits of international migration and reduce its negative impact on migrantâ&#x20AC;&#x2122;s workers and their families. Participants affirmed that international migration was a growing phenomenon both in scope and in complexity. They stressed the fact that migration could help migrants and their families improve their living standards. At the same time, migration could also introduce new vulnerabilities and costs for migrants. They agreed that it could be a positive force for development in both countries of origin and countries of destination if it was supported by the right set of policies. Examples were drawn from both developed and developing countries.

Cite this article as: Mesdoua A. Executive summary, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.25

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10.

11.

12.

13.

14.

Participants stressed the need to address the root causes of international migration to ensure that international migration for family members is a choice rather than a necessity. They mentioned that people often have to migrate because of poverty, conflict, human rights violations or lack of opportunities and mentioned that demographic trends, globalization and improved communication technologies had increased international mobility. Participants underscored the social consequences of migration on the family. They concurred on the fact that the impact of separation on families and children deserved more attention, as did the changes of family structures and functions. Participants recognized that international migration, development and human rights were interconnected. Respect for the fundamental rights of migrant workers regardless of their status and family reunification were considered essential for reaping the benefits of international migration. They emphasized the need for a rights-based approach which implied the recognition of the full dignity of migrants and of their valuable contribution to countries of origin and destination. It was noted that migrant women and migrant children need special attention and protection. Participants recognized the primary responsibility of governments for the formulation and implementation of migration policies but, at the same time, they stressed the importance for ratification and implementation of the core human rights conventions including the Convention on the Protection of the Rights of all migrant workers and members of their families and other relevant instruments. They, also, underlined the need to combat discrimination and social exclusion of migrants and members of their families. Participants noted that the integration of migrants and members of their families in countries of destination is a fundamental issue and could contribute positively to the development of the society. Many of the participants focused on the integration of migrantâ&#x20AC;&#x2122;s family members particularly children including via access to education and health care. The provision of training and information on the rights and responsibilities as well as the removal of all barriers to qualification recognition could facilitate the process of integration. Participants agreed that migrantâ&#x20AC;&#x2122;s workers contributed also in the development of their countries of origin by transferring skills, technology and expertise. In this context, it was noted that there is a need for policies and programmes to promote and encourage circular migration and the return of skilled workers by ensuring decent work conditions. They recognized that remittances were the most tangible benefit but should not replace development plans and strategies Participants noted that half of international migrants were women and that international migration involved necessarily a gender dimension. Women like men migrated in order to improve the lives of their families. However, female migrants were often the subject of double discrimination as a migrant and as women. For many women, international migration was a means of empowerment but also represented more risks than for men. They agreed on the importance and the need to adopt policies that addressed the particular situations of women migrants and reduced their vulnerability to exploitation and abuse and emphasized that labour migration, regulations and procedures should be gender sensitive. Participants noted that migration wide-ranging implications for children and adolescents have received little attention so far. They stressed the need to implement the Convention on the Rights of the Child (CRC) that protects every child regardless of its nationality or immigration status. They indicated that there is a deficiency of reliable data about the incidence of international migration on children including children left behind and children migrating alone. Children affected by migration are particularly vulnerable and should receive special assistance and protection.

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15. Participants considered that restrictive migration policies contributed to an increase in irregular migration and exploitation of migrants. Migrants in irregular situation were more subject to exploitation and abuse and do not have access to appropriate mechanisms of redress. Cooperation between countries of origin, countries of destination and other stakeholders is needed to reduce irregular migration and to promote safe and legal migration for migrant’s workers and their families. 16. Participants recognized the importance of comprehensive research and data collection as a basis for the creation of effective policies to assess and address the situation of migrants and their families’ .There is a need for comparable and reliable data that should be disaggregated by sex and age especially for vulnerable groups like women , children and elderly. 17. Participants emphasized the role of civil society including migrant’s workers themselves in the protection of the rights of migrants and their families and in the elaboration as well as the implementation of migration policies and strategies. Some participants mentioned the role played by the private sector in shaping migration policies. They also highlighted the role that the media should play to dispel the negative images and news related to migrants. 18. Participants stressed that transnational cooperation in protecting migrant’s workers and their families is needed. National strategies should be complemented by bilateral and regional cooperation in order to address the negative consequences of international migration. The role of civil society in building partnership and reporting on experiences and discussing best practices is important.

III Follow Up: 19. Participants agreed to develop further their papers to be included in the final report that will be published by the DIIFSD. 20. Participants also agreed on the proposal made by the DIIFSD to disseminate the report within the high level dialogue on migration and development that will take place at the United Nations in 2013.

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Family, Migration & Dignity Special Issue

Family, Migration and Dignity: An Introduction 1 Family Policy Director, Doha

International Institute for Family Studies and Development 2 President, Global Migration Policy Associates

Amina Mesdoua1 & Patrick Taran2

Context More than 214 million people live outside their countries of origin or citizenship today. Among these, 105 million men and women are economically active , contributing to development, economic progress and social welfare in origin and destination countries alike. It is estimated that a similar number comprise children and other dependents accompanying working migrants. However, many migrant workers have to leave husbands or wives and children “back home” in order to work abroad to provide for their families. In some cases, both parents go abroad to work because there are no possibilities for decent work at home, leaving care of children in the hands of others. The circumstances of migration today pose multiple challenges to family as the core cultural, social, and economic unit in society, and to preparing the next generations for the world of work. The reality of migration affects family integrity, provision of basic support and a healthy environment for members, education and socialization of children, and community welfare at the most basic level. In some cases, migration circumstances raise risks of abuse, of abandonment, of exposure to child labour, especially for migrants in irregular status and with no access to services and protection. However, for many people, migration for employment is the only means available to provide adequate nutrition, housing, healthcare and education for their families. For those who migrate together with family members or whose immediate relatives join later through family reunification or those who give birth to children while abroad, there are multiple challenges, including of re-establishing family relations in ‘foreign’ contexts, obtaining employment to provide for dependents, birth registration, insertion of children in schools, providing for physical and mental health, integrating into different social contexts, and adapting to different expectations of gender, family and child behavior, etc. http://dx.doi.org/10.5339/ qproc.2013.fmd.24 © 2013, Mesdoua, Taran, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

While migration may promise opportunities for employment and sustenance abroad, the risks and challenges are huge for the family and especially for family members left ‘at home’ when breadwinners migrate under circumstances where family members cannot accompany them or join them subsequently. These include care and support of children when one or both parents are absent, providing for appropriate socialization, ensuring education, avoiding dependency on remittance support, completing schooling, etc.

Cite this article as: Mesdoua A, Taran P. Family, Migration and Dignity: An Introduction, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi. org/10.5339/qproc.2013.fmd.24

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Certain migratory circumstances present special risks. Unaccompanied minors who are sent abroad by parents for well being or to escape difficult or impossible situations at home require special attention. Some children migrate on their own initiative or are deliberately sent abroad, sometimes into care of extended family, where they may face situations of labour exploitation and/or become victims of trafficking. The link between worst forms of child labour and migration was recognized in the recently adopted Roadmap for achieving the elimination of the Worst Forms of Child Labour by 2016. . The circumstances of refugee flight and confinement of refugees in camps poses large risks to family unity, family functioning and family welfare and protection. Voluntary repatriation of refugees to their countries of origin –especially after lengthy periods of time and/or to post conflict situations-- or their resettlement in third countries also have particular circumstances bearing on family. A considerable volume of research has been conducted on specific aspects of family and migration, and in specific national and sometimes regional contexts. Many studies have been in specific contexts of immigration country experience. However, some aspects remain little or not yet addressed in research literature; such as impacts on family members and children left behind when ‘breadwinner’ parents migrate abroad. International comparative review of experience and research in this field is still at an early stage. For example, a conference “Family in the context of Migration” at the University of Basel (June 2010) reviewed recent theoretical and empirical studies on the theme of migration and family in an explicitly international context. It focused on recent theoretical and empirical studies with an aim of reconstructing recent developments in the domain ‘Family/Families in the Migration context’ from a critical perspective. Current international migration policy discussions have demonstrated an acute need for application of research to formulation of “evidence-based policy and practice.” How to handle the impact of migration is a big concern for governments and other stakeholders in different part of the world. Issues of family and migration were discussed at the Global Forum on Migration and Development in Mexico in November 2010 and at the Civil Society days of GFMD 2011 in Geneva, notably in roundtable sessions on Migration, Gender and Family. These discussions highlighted the dearth of data on a number of key areas of migration policy concern, such as family and child welfare in origin countries when a parent or parents are abroad.

Concept The Doha Symposium was the first global opportunity for key actors and researchers to come together to address how international migration affect families in particular women and children from a comprehensive multidisciplinary approach and with a practical intent to identify lessons for migration policy and practice. It provided a first ever occasion for key practitioners and agencies to identify issues and challenges across the board and to consider comprehensive and integrated approaches to the complex policy and practical challenges of migration and family.

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Symposium Objectives 1.

Document and assess consequences of contemporary migration on: • migrant families and children in destination countries • families in origin countries affected by migration • children remaining at home when one or both parents emigrate • family structure, role and functions in communities of large emigration

Identify measures to strengthen family relations and support, including when families are separated, migrating together or being reunited, due to conditions and restrictions inherent in contemporary migration • Remittance utilization • Maintaining family contact • Support to parent substitutes • Family reunification • Schooling measures • Addressing the risk of child labour • Recognition of diplomas • Training and employment

Identify and elaborate concrete recommendations on specific social services, community support, and policy interventions to support: family integrity; right to family life; child welfare and protection; prevention of child labour among migrants and their families; education and training; youth preparation for employment; and family reunification

To achieve these objectives, the symposium was organized as a multidisciplinary working exchange among academic specialists, policy makers, social service/social welfare agencies, family advocates, social partners, and civil society experts.

Participation Participation emphasized and reflected perspectives and experiences from the different world regions, with equitable geographical participation among experts and inclusion of international agencies.

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Family, Migration & Dignity Special Issue

Welcoming statement Executive Director, Doha International Institute for Family Studies and Development

Noor Al Malki Excellencies, distinguished guests, Ladies and gentlemen, What an honor and pleasure it is to welcome you all to this symposium on Family, Migration and Dignity. As we are going to address the challenges and harness the benefits associated with international migration, it gives me pleasure to see such a diverse audience gathered in this room. I would also like to extend a warm welcome to the speakers. Thank you for agreeing to share your knowledge and perspectives on this important topic. First of all let me introduce the Doha International Institute for Family Studies and Development: The Mission of the Doha International Institute for Family Studies and Development is to encourage, support and promote implementation of the Doha Declaration on the family of 2004, and to reaffirm international commitments to strengthen the family. At DIIFSD, we consider that policy making whether at the national, regional or international levels frequently ignores the contribution that the family as a unit can leverage in achieving development objectives at all levels. We strongly advocate for the engagement of the family in addressing the proliferation of social, economic and political problems the world faces today, including migration. Distinguished guests, Ladies and gentlemen,

http://dx.doi.org/10.5339/ qproc.2013.fmd.28 ÂŠ 2013, Al Malki, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Over the course of the next three days, we will explore together the impact of international migration on the family unit and its individual members as well as its impact on the economic, political, social and cultural make up of societies in origin, transit and destination countries. In doing so, we hope to identify the best practices and practical solutions as well as provide recommendations to contribute to the well-being of migrants and their families all around the world. International migration flows have increased substantially over the past decade. According to the International Organization on migration (IOM), the total number of migrants is currently estimated to be around 214 million, which represents 3 percent of the worldâ&#x20AC;&#x2122;s population. If the

Cite this article as: Al Malki N. Welcoming statement, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.28

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migrant population continues to increase at the same pace as it has over the past 20 years, by 2050 it could reach as high a number as 405 million. The revolutions in new communication technology and transportation, coupled with the increasing globalization of economies, are encouraging people to seek new markets and opportunities. As a result, societies are more inter-linked and connected. Economic, social and demographic disparities create pressures and incentives for people to migrate. The primary causes of migration, both south-north and south-south are linked to poverty, inequalities, gender-based discrimination, lack of opportunities, various kinds of violence and abuse as well as armed conflict, climate change and natural disasters in countries of origin. In this regard migration involves the movement of men, women, children and families. Men and women are migrating to earn higher incomes, to provide a better living, and better access to education and health, for their families back home. Migrants contribute to the economy of the host country; while enriching its social and cultural fabric. On the other hand, Migration could also have an adverse impact on the social structure of the host country. Migration is never an easy option or a simple decision for families but often a response to economic hardship or to escape a conflict and natural disasters. Nevertheless migration also brings economic well-being. Parents migrate to improve the lives of their children as well as other extended family members. Migration is often a painful decision with important social and emotional costs both for those who move and for those left behind. The migration of a parent, particularly the mother may result in many forms of psychological deprivation and represent a risk factor for delinquency among young people left behind. Grandparents and other family members often take over caring for children in the absence of parents and may be unable to ensure adequate care. Therefore family reunification is needed for the stability and well-being of families. Despite its many benefits, migration also puts heavy burdens on individual family members. Migrants can face harsh living conditions; violation of their human rights, discrimination, low wages and unemployment. They often lack safety nets to protect them from such difficulties. Children left behind also face a number of challenges; these particularly include a greater vulnerability to human trafficking, forced child labor and other forms of violence. Children and adolescents are increasingly migrating in search of security, education or protection from violence and other forms of abuse. Whether it is with their families or as unaccompanied minors, children are clearly affected by migration. In this context, children and adolescents may be at greater risk than adults to violation of their rights. Further efforts are needed to ensure that policies, laws and services are in place to adequately protect the rights of migrant children. Migration also involves a gender dimension, since women and girls account 50% of international migrants. More women are migrating today on their own or as heads of households than ever before. While historically women tended to migrate for marriage or family reunification, recent decades have seen an increase in women migrating independently and as a main earner. Women may migrate in search of better opportunities, to escape violence and abuse, social stigma or to flee from gender discrimination and constraining gender norms. Undoubtedly, this increase of female migration has raised both prospects and challenges. It can advance gender equality and womenâ&#x20AC;&#x2122;s empowerment but also the risk of increased violence against women.

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Forced migrants such as refugees, asylum seekers, internally displaced persons and trafficked persons face also special challenges and numerous threats. Refugees could make valuable contributions to the host country when they are integrated and assisted to overcome the barriers to entry in the labor market. There is a consensus that human rights are interdependent and interrelated with human development as they all promote the well-being and human dignity for people and at the international level many human rights instruments exists including specific instruments on the protection of women and children. States are sovereign and entitled to adopt their own migration policies and regulations. However, it is important that these policies are in line with international human right law. Migration and development are inextricably linked. While migration can aid development as a means to create employment and reduce poverty, it should not be seen only in economic terms but in a comprehensive and holistic approach that takes into account the full enjoyment of human rights, including the right to development, in order to achieve positive outcomes for all. We should particularly stress the negative effects of the "brain drain" on the development of countries of origin. In this time of economic recession migrants are particularly vulnerable to all forms of racism and xenophobia since the migrant is often seen as part of the problem rather than part of the solution to the crisis. The international economic crisis has affected and will continue to impact migration in a variety of ways like the reduction of quotas of migrants, the raised academic and financial requirements for migrants and the drop of remittances. However neither the economic recession nor the restrictive measures and policies are likely to stop the phenomenon of migration. Clearly, international migration is an increasingly global phenomenon, requiring a global approach, stakeholders in countries of origin, transit and destination should work in partnership to facilitate regular migration. International cooperation in this area could promote economic growth and sustainable development. Developing policies and regulations for regular migration at all levels will not only improve integration, protect the rights of migrants, reduce discrimination but will also prevent and combat human trafficking and smuggling of migrants. Moreover, International cooperation should also include the development and implementation of gender sensitive policies and measures for skill recognition. Raising awareness about the realities of migration and about the contribution of migrants is important because all policies are likely to fail if they collide with the misconceptions and stereotypes regarding migrants. Migration presents both great potential and challenges. The questions before us today are; how can we all work together to meet those challenges? How can we maximize the benefits of migration? What are the best ways to build on the experiences gained at regional, national and local levels? I have tried to highlight some of the issues that we need to discuss and address in order to identify policies and measures to improve conditions and opportunities for migrants and their families.

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I look forward that the symposium outcome will also contribute to the 2013 high level dialogue on immigration and development. I wish you all the very best for the coming three days of fruitful discussion on a topic that deserves our attention and support, as well as a pleasant stay in Doha.

Thank you

‫‪Family, Migration & Dignity Special Issue‬‬

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‫كلمة السيد حافظ شقير‬ ‫حافظ شقير‬

‫المدير اإلقليمي لصندوق األمم المتحدة‬ ‫للسكان – المكتب اإلقليمي للدول‬ ‫العربية بالقاهرة‬

‫السيدة الدكتورة نور المالكي الجهاني ‪ ،‬مديرة معهد الدوحة الدولية للدراسات حول األسرة والتنمية‪،‬‬ ‫السيد باتريك تاران‪ ،‬رئيس المنظمة الدولية لسياسة الهجرة‪،‬‬ ‫حضرات السيدات والسادة الباحثين ‪،‬‬ ‫الحضور الكريم‪،‬‬ ‫يطيب لي فى البداية أن أعرب لكم و لمعهد الدوحة الدولي للدراسات األسرية والتنمية عن جزيل‬ ‫الشكر واإلمتنان للدعوة الكريمة التى وجهتموها إلي‪ ،‬ومن خاللي لصندوق األمم المتحدة للسكان –‬ ‫المكتب األقليمي للدول العربية‪ ،‬للمشاركة في أشغال هذا اللقاء العلمي الهام‪ ،‬الذى يساهم من خالله‬ ‫معهد الدوحة الدولي‪ ،‬وخاصة قسم سياسة األسرة‪ ،‬فى تعميق المعرفة بموضوع األسرة والهجرة والكرامة‪.‬‬ ‫وأود بهذه المناسبة‪ ،‬أن أعرب عن تقديري للجهود العلمية التى مافتيء معهد الدوحة الدولى‬ ‫يبذلها‪ ،‬لدعم دينامية البحث العلمي واألكاديمي‪ ،‬مما يجعل من لقاءاته فضاءات لعرض ومناقشة قضايا‬ ‫اجتماعية وسكانية جوهرية ‪ ،‬تفرض نفسها بحدة على األجندة الدولية‪ ،‬فاسحًا المجال لمساهمة الباحثين‬ ‫مساهمة فاعلة‪ ،‬ولبروز شراكات متعددة األبعاد بين مراكز الدراسات والمؤسسات والمنظمات المهتمة‬ ‫بهذه المواضيع‪.‬‬ ‫وفى هذا السياق‪ ،‬إسمحوا لي أن أشيد باختياركم لموضوع األسرة والهجرة والكرامة‪ ،‬ذلك أن األسرة‬ ‫تمثل النواة المجتمعية األولى المؤثرة والمتأثرة بظاهرة الهجرة التى غدت سمة من سمات التركيبة‬ ‫اإلجتماعية فى منطقتنا‪ ،‬وذلك على العديد من المستويات‪ ،‬الشيء الذى ينتج عنه تداعيات على‬ ‫مجتمعاتنا بحكم دور األسرة األساسي فى تربية الناشئة‪ ،‬وتلقين القيم لألجيال الجديدة‪ ،‬وكذا فى تكوين‬ ‫وتهذيب وتوازن السلوكيات‪.‬‬ ‫فاألسرة‪ ،‬كما أكد على ذلك بيان الدوحة الصادر عن المؤتمر الدولي لألسرة بتاريخ ‪ 6‬ديسمبر‪ ،2004‬والذي‬ ‫تمخض عنه إنشاء المعهد الدولي للدراسات األسرية‪ ،‬ليست هي الوحدة الطبيعية األساسية للمجتمع‬ ‫فحسب‪ ،‬بل هي أيضا عامل رئيسي لتحقيق التنمية اإلجتماعية واإلقتصادية والثقافية المستدامة‪.‬‬ ‫واقتناعًا من صندوق األمم المتحدة للسكان بأن األسرة يجب أن تكون فى صلب إهتمام الباحثين‬ ‫والفاعلين‪ ،‬باعتبارها الفضاء األساسي إلنتاج وتغذية الرابط اإلجتماعي لألجيال‪ ،‬حيث تتولى المسؤولية‬ ‫الرئيسية في تنشأة الطفل وحمايته حتى سن المراهقة‪ ،‬ولكونها المالذ اآلمن لكل أفراد المجتمع‪ ،‬فأنه‬ ‫يحرص على اإلسهام فى شراكات ومشاريع‪ ،‬عبر برامج ملموسة ومتنوعة‪ ،‬تروم النهوض بصحة األم ‪،‬‬ ‫واالهتمام بالشباب‪ ،‬وتمكين المرأة‪ ،‬حتى تتمكن األسرة من أداء أدوارها في التنمية اإلجتماعية و البشرية‪.‬‬ ‫حضرات السيدات والسادة‪،‬‬ ‫ً‬ ‫كلنا نعلم أن األسرة تعرف تحوال مستمرًا في بنيتها‪ ،‬كما أفادت بذلك العديد من الدراسات‪ ،‬حيث‬ ‫طرأت على التركيبة األسرية في البالد العربية تغيرات كبيرة من جراء عدة عوامل نذكر منها العوامل‬ ‫االقتصادية‪ ،‬ومن جراء التغيير في ظروف السكن والهجرة الداخلية‪ ،‬وتغيير انماط الحياة والعالقة مع‬

‫‪Cite this article as: Chekir H., M. Hafedh Chekir Statment, QScience Proceedings 2013, Family,‬‬ ‫‪Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.26‬‬

‫‪http://dx.doi.org/10.5339/‬‬ ‫‪qproc.2013.fmd.26‬‬ ‫‪© 2013, Chekir, licensee‬‬ ‫‪Bloomsbury Qatar Foundation‬‬ ‫‪Journals. This is an open access‬‬ ‫‪article distributed under the‬‬ ‫‪terms of the Creative Commons‬‬ ‫‪Attribution license CC BY 3.0,‬‬ ‫‪which permits unrestricted use,‬‬ ‫‪distribution and reproduction in‬‬ ‫‪any medium, provided the original‬‬ ‫‪work is properly cited.‬‬

‫‪2 of 3 pages‬‬ ‫‪Chekir, QScience Proceedings 2013.fmd.26‬‬

‫األسرة الممتدة‪ ،‬حيث تشير هذه الدراسات الى تنامي سريع للعائلة النووية على حساب العائلة الواسعة‬ ‫والممتدة‪ .‬ففي الجزائر مثال تطورت نسبة األسر التي تتكون من عائلة نووية واحدة من ‪ %59.4‬سنة ‪1966‬‬ ‫إلى ‪ %71‬سنة ‪ ، 1998‬وتصل هذه النسبة إلى حدود ‪ %80‬في بعض الدول األخرى‪ ،‬مثل تونس ومصر‪ ،‬ونالحظ‬ ‫نفس النتائج في المغرب حيث أكدت دراسة مركز األبحاث و الدراسات السكانية حول العائلة وشبكات‬ ‫التعاون األسري أن نسبة األسرة المتكونة من عائلة نووية قد ارتفعت من ‪ %51‬عام ‪ 1982‬الى ‪ %60.3‬عام ‪.1996‬‬ ‫ولإلشارة‪ ،‬فإن سرعة التحوالت االجتماعية‪ ،‬ووجود نماذج ثقافية وقيم مختلفة عند األجيال الشابة ساعدت‬ ‫على ظهور هذا النوع في االستقالية في تكوين األسرة‪.‬‬ ‫ونتيجة لكل هذه التحوالت‪ ،‬فقدت األسرة التقليدية بعضًا من وظائفها‪ ،‬الشيء الذى أدى إلى‬ ‫تفككها وهجرة بعض أفرادها‪ ،‬إستجابة لتطلعاتهم للتغييروتحسين أوضاعهم المعيشية‪ ،‬من خالل‬ ‫بلورة مشروع الهجرة التي غدت ظاهرة عالمية متسارعة ومتعددة األبعاد واإلتجاهات‪.‬‬ ‫أصبحنا نالحظ تنامي ظاهرة الهجرة الداخلية والخارجية وهجرة العبور‪ ،‬وهكذا بلغ عدد المهاجرين‬ ‫العرب إلى الخارج‪ ،‬حسب تقريرالمنظمة العالمية للهجرة لسنة ‪ 2010‬ما يناهز ‪ 26.6‬مليون شخص (وهو ما‬ ‫يعادل ‪ %13.5‬على المستوى العالمى) ‪ ،‬علمًا بأن عدد المهاجرين قد تزايد ب ‪ 4.5‬مليون شخص مقارنة مع‬ ‫‪ .2005‬كما إتخذت هذه الهجرة أبعادًا غير مسبوقة قد تصل الى حد المخاطرة بالنفس كما هو مالحظ في‬ ‫العديد من جهات إقليمنا‪.‬‬ ‫كما تكثفت تيارات الهجرة العربية كذلك خالل سبعينيات القرن الماضى نحو دول الخليج العربى‬ ‫المستفيدة من تضخم أسعار النفط‪ ،‬والتى أعطت أولوية للعمالة العربية (مصر األكثر) والسودان‪ ،‬واليمن‪،‬‬ ‫وسوريا‪ ،‬ولبنان‪ ،‬واألردن‪ ،‬وفلسطين‪ ،‬والمغرب‪ ،‬حيث يتم توظيف المهاجرين العرب فى جميع قطاعات‬ ‫النشاط اإلقتصادى‪ ،‬وعلى جميع مستويات تأهيلهم ‪.‬‬ ‫حضرات السيدات والسادة‪،‬‬ ‫من المستجدات التى أحدثتها آثار العولمة والتى صاحبها بروز أسواق عمل عابرة للجنسيات‪ ،‬مع تغير‬ ‫أنماط العمل وأماكنه‪ ،‬وظهور الحاجة الملحة إلى عمالة بمواصفات عالية الكفاءة‪ ،‬تزايدت وتيرة الهجرة‬ ‫العربية الخارجية وهجرة الكفاءات والمتعلمين‪ .‬تهم هذه الهجرة أزيد من مليون كفاءة عربية المولد‪ ،‬تقيم‬ ‫وتعمل في بلدان أوروبا‪ ،‬وهو ما يمثل ‪ %11‬من مجموع الكفاءات المماثلة بالدول العربية‪.‬‬ ‫كما تعتبر الهجرة القسرية والنزوح الجماعى من أبرز الهجرات فى المنطقة العربية وأكثرها كثافة‪،‬‬ ‫وهى ترتبط أساسًا بالنزاعات والحروب‪ .‬فهجرة الفلسطنيين مث ً‬ ‫ال من أقدم الهجرات وأطولها عالميًا‪ ،‬حيث‬ ‫أستمرت ولم تتوقف منذ ‪ ،1948‬وهي تهم ‪ 4‬مليون الجئ‪ .‬كما أجبرت الحرب والصراعات العرقية فى العراق‬ ‫‪ 1600000‬عراقي (‪ 270‬ألف أسرة) على مغادرة إقاماتهم‪ ،‬وهو مايعادل ‪ %5.5‬من إجمالي سكان هذا البلد‪.‬‬ ‫وقد كان لتدهوراألوضاع األمنية فى الصومال آثار على تيارات الهجرة‪ ،‬حيث ارتفع عدد النازحين‬ ‫داخل وخارج هذا البلد‪ ،‬أما فى السودان وخاصة جنوب السودان ودرافور‪ ،‬فإن مئات آآلف من المواطنيين‬ ‫السودانيين أجبروا على اللجوء للبلدان المجاورة ومنها مصر‪ ،‬أو اليزالون نازحين فى بالدهم‪.‬‬ ‫كما كان للثورات العربية األخيرة تداعيات واضحة على حركة السكان فى العديد من بلدان المنطقة‪،‬‬ ‫حيث تسببت فى هجرة أعداد كبيرة من األهالي‪ ،‬فض ً‬ ‫ال عن نزوح و هروب األفراد والعائالت من النزاع المسلح‬ ‫والمعارك فى حالة ليبيا‪.‬‬ ‫وال يفوتني اإلشارة إلى الهجرة غير النظامية نحو أوربا‪ ،‬التى يساهم فيها الشباب العربي بأعداد كبيرة‬ ‫تمثل ما بين ‪ %10‬و‪ %15‬من إجمالى المهاجرين القادمين لدول منطقة التعاون والتنمية األوربية‪ ،‬وإن كان‬ ‫يصعب قياس هذه الظاهرة عن طريق اإلحصاءات الرسمية ‪ ،‬خاصة وأن البيانات الدولية فى هذا الشأن لم‬ ‫يتم تحيينها منذ‪ .2002‬وتظهرأحجام هذه الهجرة إبان عمليات تصحيح أوضاع المهاجريين المعنيين التى‬ ‫تمكنهم من الحصول على حق اإلقامة فى البلدان األوروبية‪.‬‬ ‫وموازاة مع هذا‪ ،‬تزايدت بشىء ملحوظ هجرة النساء اللواتى شرعن فى اإلنفراد بقرارالهجرة للعمل‬ ‫فى قطاعات كالتمريض‪ ،‬والترفيه‪ ،‬وخدمات القرب لألشخاص‪ .‬وقد اتخذت هذه الهجرة أشكاالً متعددة‪.‬‬ ‫ويبلغ عدد المهاجرات من دول المغرب العربي الى أوربا أزيد من ‪ 1 383 412‬وهو ما يمثل أكثر من ‪ %42‬من‬ ‫إجمالي المهاجرين الى هذه الجهة‪ .‬وإذا كانت هجرة النساء تلعب دورًا هامًا في التغيير االجتماعي‪ ،‬حيث‬ ‫تساهم في تحرير المرأة التي تشعر باستقالليتها الذاتية‪ ،‬عندما تهاجر بمفردها أو عندما تصبح مستقلة‬

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‫اقتصاد ًيا‪ ،‬فإن فئة المهاجرات تعتبرأكثر هشاشة حيث يتعرضن أحيانًا إلنتهاكات المتاجرين بالبشرالذين‬ ‫يمارسون عليهن شتى أنواع التهديد و العنف‪ .‬ولإلشارة‪ ،‬فإن عدد النساء واألطفال ضحايا المتاجرة‬ ‫بالبشرفي العالم يناهز ‪ 120‬ألف‪.‬‬ ‫حضرات السيدات والسادة‪،‬‬ ‫نالحظ اليوم أن المشاكل التى يعيشها المهاجرون أصبحت متقاربة ومتاشبهة‪ ،‬في ظل‬ ‫استمرارمعانات المهاجرين الذين يعيش الكثير منهم خارج العناية الصحية واإلجتماعية والقانونية‪،‬‬ ‫عاجزين عن اإلستفادة من اإلجراءات التي تضمن لهم إندماجا سلسا في بلدان االستقبال‪ ،‬وتوفرلهم‬ ‫شروط الحياة الكريمة‪ ،‬في ظل الحواجز الكبيرة التي تضعها السياسات المنظمة للهجرة فى وجه حركة‬ ‫المهاجرين ‪ ،‬والتي تضيق الخناق على التحرك فى الكثير من بلدان المقصد المتقد مة منها والنامية‪.‬‬ ‫وما الحديث المتنامي عن حماية حقوق المهاجرين األساسية‪ ،‬وتزايد المنادات على صونها‪،‬‬ ‫والحضورالمتزايد لمسألة الكرامة اإلنسانية‪ ،‬إال نتيجة لتزايد الوعي بما يعانونه من عقبات وتحديات من‬ ‫أجل إدماجهم ومشاركتهم وإحترام كرامتهم‪ ،‬ذلك لكون الكرامة اإلنسانية تشكل الحجر الزاوية في‬ ‫مشروع اإلصالحات والتحوالت اإليجابية في المجتمعات‪ ،‬حيث ال تطوير لألوضاع الحقوقية بدون صيانة الكرامة‬ ‫اإلنسانية‪ ،‬وبدون إعادة اإلعتبار الى اإلنسان وجودًا ورأيا وحقوقًا‪ ،‬وبالتالي ال استقرار للكيانات األسرية‬ ‫واإلجتماعية بدون صيانة الكرامة اإلنسانية أفرادًا أو جماعات‪.‬‬ ‫ومن ثمة‪ ،‬فإن إهتمام الباحثين بتحليل ودارسة مختلف اإلشكاليات التي تهم األسرة والهجرة‪ ،‬فى‬ ‫مختلف النظم والبيئات‪ ،‬مكنهم من طرح قضايا ملحة وإهتمامات مشتركة لكثير من المؤسسات‬ ‫والهيئات التى تعنى بشؤون األسرة والهجرة فى كل أنحاء العالم‪ ،‬وذلك من خالل رصد آثار الهجرة على‬ ‫األسرة على العديد من الجوانب‪ ،‬وتفاعل هذه األخيرة مع ظاهرة الهجرة وتكيفها معها‪.‬‬ ‫ولي اليقين بأن لقاءنا هذا سيشكل قيمة مضافة فى األبحاث المهتمة باألسرة والهجرة والكرامة‪،‬‬ ‫لكونه سيسمح بتحليل ومناقشة مااستجد من أبحاث ومقاربات لهذا الموضوع الهام‪ ،‬وذلك من خالل‬ ‫قياس آثار الهجرة على أفراد األسرة وسلوكياتهم في بلدان األصل واإلستقبال‪ ،‬األطفال منهم والنساء‪،‬‬ ‫وكذا على هياكل األسرة وعالقتها مع محيطها المجتمعي‪ .‬كما أنه سيطرح دون شك توصيات بناءة‬ ‫تهدف الى تحسين حال األسر المعاش‪ ،‬ونفعًا بينيًا للمهاجرين وأسرهم ‪ ،‬كي يساهموا فى أضفاء المزيد‬ ‫من التجانس والتناغم بين المجتماعات من جهة‪ ،‬وفي التنمية البشرية من جهة ثانية‪.‬‬ ‫أتمنى ألشغال مؤتمرنا هذا كامل التوفيق‪ ،‬والسالم عليكم و رحمة ااهلل‪.‬‬

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Opening remarks on the Symposium significance, content, expectations and process President, Global Migration Policy Associates Organized by the Doha International Institute for Family Studies and Development (DIIFSD)

Patrick Taran Welcome to a historic occasion, a first ever global gathering of experts addressing key issues of our time: migration, family, and human dignity. Indeed, despite thousands of years of human migration, usually in family groups, this is the first time that migration and family have been looked at together in a truly international forum. This first event is significant in who is here as well as what is on the agenda. It is safe to say that we are truly eminent gathering of academics and practitioners who know what we are talking about. We represent â&#x20AC;&#x201C;necessarily-- a multi-disciplinary, multi-sector and and multiissue approach. A look around this room will confirm that the best expertise from around the world is well represented here. Nearly all of the key UN and international intergovernmental organizations are represented, as are important civil society organizations. The symposium organizers intend an equally significant process and outcome over these next three days. We expect all of here to work together to grasp the complex web of issues, connections and challenges in the nexus between contemporary migration and family: family integrity, family unity, family function. We expect to identify the norms, standards, policies and practices that support â&#x20AC;&#x201C;or don't-- family in the context of international mobility. And we hope to elaborate appropriate and viable recommendations for effective policy and practice. Worldwide. The context we face may appear daunting. But if migration and family is already a major global challenge, it will become even more so in the next 20 years, and beyond.

http://dx.doi.org/10.5339/ qproc.2013.fmd.27 ÂŠ 2013, Taran, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

According to the best available UN figures, 214 million people lived outside their country of birth or citizenship in 2010. But that figure measures those who are residing outside for one year or more. We simply don't have a measure of the millions more who migrate for temporary and seasonal work but return home in the course of any year. Much less do we have a clear estimate of immediate family members of migrating persons left behind and usually dependent on those abroad for their material sustenance. An average of one dependent for each migrant abroad would give another 214 million, meaning a total of concern approaching 450 million people. And that without counting those in temporary migration where family breadwinners may be absent from home for many months, even most of the year. But really, we just don't know even this basic data.

Cite this article as: Taran P. Family,Opening remarks on the Symposium significance, content, expectations and process, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.27

2 of 3 pages Taran, QScience Proceedings 2013.fmd.27

Today's trends suggest that these numbers, these real situations, are going to get considerably bigger in the next two to three decades. Many Western countries are reaching so called fertility rates of population â&#x20AC;&#x201C;.and work force-- free fall. But not only â&#x20AC;&#x153;westernâ&#x20AC;? countries. China's work force will decline by between 126 and 180 million people in less than 20 years. The Russian workforce is now loosing one million persons a year. Algeria, Argentina, Azerbaijan, Brazil, Colombia, Indonesia, Iran, both Koreas, Lebanon, Mauritius, Mexico, Morocco, Peru, Qatar, Saudi Arabia, Singapore, Tunisia, Turkey, and Vietnam --among others-- have reached or are reaching zero population growth rates. Which means we can count on three, even two hands, the number of years before workforce and social security system bases go into stark decline. And with what alternatives to migration? In the case of China, only 20% of the expected workforce reduction can be compensated for by increasing female workforce participation, raising retirement age, economic growth and enhancing productivity rates. That is another discussion. However, what these trends mean is that issues of family and migration will become more immediate, more widespread and more urgent. The approach here is to obtain an overview of what and where the situations and issues are today, to try to identify what all of the main issues and intersections are. We have sought to assemble a range of expertise and competencies in the fields that are already evidently engaged. The agenda and participation has been deliberately constructed. We start off by reviewing the evidence, then we examine the specific issues, identify policy and practical references, and --building on all this-- identify areas of need, effective responses and recommendations for governance, policy and good practice. The agenda calls for in today's sessions a review of the general situations and issues as they are experienced in origin and destination countries, with an attempt to grasp regional overviews. Tomorrow, we focus on examining specific groups --specific issue groups, how they are affected and what needs to be done to uphold and strengthen family support in these situations. With this context, the afternoon session intends to critically review policy frameworks and systems regarding how they take into account and address issues of family. Thursday morning, a first session will study the specific, all important questions of family relationship to material sufficiency and social participation. Then we take up the challenge of identifying the existing and possible policy lines and practical measures to protect and advance family in the context of increasing migration. These lines and actions, of course, rooted in the principles and standards that define the rule of law and a rights based approach to governing society to ensure dignity and decent work and life for all those in it. You have been asked to share short presentations in an area where you have experience and expertise. You have also been asked to prepare a substantial paper for publication. The organizers believe this is an outstanding and unique opportunity to establish academic literature on this interdisciplinary theme. By so doing, to encourage new and further research, debate and action. In order to pack as many perspectives in the short time we have been offered here, we ask all presenters to be mercifully brief. We recognize that all here are experts and that the discussion in each session will provide further enrichment to the invited presentations. Each session should allow for a half hour or more of discussion, following the four or five presentations on each panel. You will see that each section of the agenda, each day, concludes with an open dialogue session. This should allow from the first day forward, exchange on and discussion of conclusions and recommendations among all of us together. This approach, this methodology is intentionally a challenge and an opportunity for your engagement. It is intended to encourage full participation.

3 of 3 pages Taran, QScience Proceedings 2013.fmd.27

We hope it will facilitate full ownership of the conclusions and results. And we hope you all will take onward a shared commitment to realize the recommendations. It is with great appreciation that we acknowledge this unprecedented opportunity is thanks to the vision and initiative of the Doha International Institute for Family Studies and Development. I expect that this occasion is a beginning. Carrying forward work on this agenda of dignity and welfare for families will require concerted efforts, cooperation and coordination. We certainly can't predetermine how this should go forward. But I see it self-evident that we have gathered here an already existing community of practice. This community will surely want to continue to dialogue, network and cooperate. To share the results more widely, a short forum is already planned in Geneva in April on the occasion of the next session of the UN Committee on Migrant Workers. Other ideas will surely surface on how we keep in touch and cooperate in the future. Thank you for being here and thank you for your attention. Now it's tally ho to get down to work!

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Family migration to Europe Church of Sweden Churches´ Commission for Migrants in Europe (CCME)

Michael Williams ABSTRACT Unlike many other parts of the world, it is possible to regard most of Europe as an emerging zone in relation to the conditions of entry for migrants who look to exercise family life. The European Union provides a transnational legal framework for the adoption and implementation of legislation concerning policy areas better addressed at Union level. One such area is family reunion and the respect for family life. An important legal basis in this field is the European Convention for the Protection of Human Rights and Fundamental Freedoms, particularly Article 8 on the right to respect for private and family life1. The Rights of the Child Convention (CRC)2 and the International Convention on Civil and Political rights (ICCPR)3 also engage international obligations. Thus, the European Union can be seen as an experimental workshop for seeking common solutions in this field, a field fraught with challenges but also with considerable possibilities of confirming the primacy of family life in human society. The Directive on Family Reunification of Third Country Nationals was adopted by the European Council in 2003 and states in its preamble4: “Family reunification is a necessary way of making family life possible. It helps to create socio-cultural stability facilitating the integration of third country nationals in the Member State, which also serves to promote economic and social cohesion, a fundamental community objective stated in the (EU) Treaty.”

http://dx.doi.org/10.5339/ qproc.2013.fmd.11 © 2013 Williams, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Williams M. Family migration to Europe, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.11

2 of 7 pages Williams, QScience Proceedings 2013.fmd.11

INTRODUCTION The scope of the directive The notion of family in the directive translates as the nuclear family. However, the minimum norms set by the directive apply without prejudice to any more favorable conditions that may be recognised by national law. The Council Directive 2003/86/EC establishes that the eligible persons for family reunification are • The sponsor’s spouse • Children of the couple, including adopted children, who are unmarried minors The Member States are free to adopt provisions allowing for family reunification of: • First-degree ascendants in the direct line • Unmarried children above the age of majority • Unmarried partners Polygamy is not recognized and therefore only one wife can benefit from the right to reunification. The directive provides more favourable rights to the family reunification of refugees compared with persons granted subsidiary protection. The directive does not apply to the UK, Denmark and the Republic of Ireland. The European Court of Justice has the role of interpreting the terms of the directive and a case brought by the European parliament, as well as in the court, established that member states’ policies must respect the right to family life, the right to family reunification, equal treatment, and general principles of EU law. The court confirmed that the directive’s ‘shall’ and ‘may’ clauses must be strictly interpreted based on the individual’s right to family reunion.

THE IMPACT OF THE DIRECTIVE The European Commission issued a report on the application of the directive in 20085, which concluded that there were varying degrees of conformity to and transposition of the directive throughout the Union. An independent researcher, Thomas Huddlestone, also assessed the impact of the directive in 2011 and concluded that in the majority of the concerned 24 EU Member States, the following applied: • A residence requirement for sponsors of one year or less • No age limits over 18 years old for sponsors and spouses • Some possibility of family reunification for other dependent adult family members • Basic housing and economic resources requirements • No language and integration conditions or pre-entry tests • The level of ‘stable and sufficient’ income that sponsors must prove was often imprecise and exceeded what nationals need to qualify for social assistance • The few countries imposing integration conditions increasingly imposed them on spouses abroad • Significant waiting periods and conditions limited access to autonomous permits in many countries • ‘Shall’ clauses were incorrectly transposed in areas such as visa facilitation, autonomous permits, best-interest-of-child assessments, legal redress, and favourable provisions for refugees • ‘May’ clauses were used in some countries in broad or excessive ways for waiting periods, age limits for sponsors, income requirements, and integration measures Huddlestone analysed the variation in approaches to family reunification within and beyond the EU and categorized them as follows:

3 of 7 pages Williams, QScience Proceedings 2013.fmd.11

1. 2. 3.

Countries that facilitate family reunion, often countries trying to attract labour migration (Australia, Canada, Portugal, Spain, Sweden, US) Countries with restrictive family reunion polices, tending to maintain protectionist labour market policies (Austria, Cyprus, France, Greece) Countries like Austria, Denmark, France, the Netherlands, and Switzerland, with more politicized policies, often in response to growing criticism from the far right

CONSULTATIONS ON POSSIBLE CHANGES TO THE DIRECTIVE Currently, the directive is being re-examined and to this end the European Commission presented a Green Paper in November 20116 focusing on areas where reform or clarification might be considered necessary. The issues raised in this Green paper were commented on by member states, international organizations and other stakeholders by March of 2012. The issues raised were based on the scope of the application of the directive; requirements for the exercise of the right to family reunification; entry and residence of family members; asylum related questions, and fraud, abuse and procedural issues. One hundred twenty contributions were received, including 24 from Member States. A number of these responses stress that the best course of action is to fully implement the current directive in all countries. There is a fear that opening up the directive for re-negotiation would lead to more restrictive rules. To this end, the Churchesâ&#x20AC;&#x2122; Commission for Migrants in Europe (CCME) and others propose that the European Commission should provide more detailed and binding guidelines on how to apply the legal basis for the current directive. Experiences so far show that, for third country nationals seeking family reunification, the challenges can be greater in some EU countries than others since the directive allows certain optional clauses and lacks a fully harmonised approach. Challenges in some countries are based on income requirements, conditional integration programmes, providing valid identity documents that prove family ties, and obtaining access to work and education. A risk some families run is prolonged separation because of the slow processing of applications. This has considerable consequences for the integration of the family member first present in the host country. Common obstacles faced are access to basic benefits and fulfilling specific ID requirements in the processing of applications. Women are also in a vulnerable situation when a permit-granting relationship breaks up. Furthermore, there is a growing fear of fraud, fuelled by the popular press in some countries, which has affected some administrations and resulted in a reversal of the burden of proof regarding whether a relationship is genuine or not. People in traditional, arranged marriages are more likely to be thoroughly scrutinized in certain countries. Application fees can also be a hurdle in some countries. The European Court of Justice, which is the normative body regarding the interpretation of the directive, recently handed down a judgment7 stating that a prohibitive level of fees for applying for family reunification is a breach of the terms of the directive.

STATISTICAL BACKGROUND To provide a statistical perspective on the level of migration within and from outside the EU, the following figures from Eurostat are informative8: In 2010, 32.5 million foreigners resided in the EUâ&#x20AC;&#x201D;27 of a total population of 501 million. They made up 6.5% of the total population. The majority of them, 20.2 million, were third-country nationals, while 12.3 million were citizens of another Member State. There were 47.3 million foreign-born residents in the EU in 2010 making up 9.4% of the total population. Of these, 31.4 million were born outside the EU and 16.0 million were born in another EU Member State.

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The share of permits issued to third-country nationals (TCNs) joining non-EU citizens in relation to total first permits issued to TCNs was 17.9 % in 2008, 18.1 % in 2009 and 20.6% in 2010. In actual numbers, they represented 508,325 of a total of 2,466,347 TNC permits in 2010. The variations within member states can be seen from the tables below9.

Table 1: Permits for family reasons as % of all legal immigration in 2010

Table 2: Permits for non-EU families reasons as % of all legal immigration in 2010

Table 3: Composition of reuniting non-EU families in 2010 Source: Huddleston T. 2001. Right to family reunion: The dynamics between EU law and national policy change. MPG briefings for Green Paper on Family Reunion #2

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THE RESULT OF THE GREEN PAPER CONSULTATIONS Member states responses Most Member States did not support reopening the directive for negotiation. Many Member States expressed that there were no major problems with current provisions, and some were concerned that any modifications might limit the competence of Member States. The Netherlands10 was the only country that explicitly called for a reopening of the directive. It proposed a number of amendments introducing additional restrictions on family migrants. The key concerns in the responses of Member States were: • The discretion of Member States on family reunification given in the directive should not be reduced • Integration was a matter of national competence and most Member States were against introducing rules on integration at EU level Regarding fraud and marriages of convenience, most Member States could not provide systematic information. Germany and the UK were the only countries to provide statistics that attempt to quantify the problem at the population level. A few countries also gave data on the number of cases identified by the authorities, which tended to be relatively small. A number of Member States were content for beneficiaries of subsidiary protection to be included in the directive, while others opposed the extension of the scope of the directive to beneficiaries of subsidiary protection, arguing that that status is intended to be temporary only. Most Member States opposed more detailed procedural rules in the directive.

International organizations, social partners and NGOs International organisations11, social partners and NGOs on the other hand took a profamily reunification position and proposed less restrictive rules. Suggestions for amendments and improvements where the directive could be strengthened to ensure rights to family life were put forward. Many submissions highlighted international human rights obligations and identified areas where current practice denied some third-country nationals the right to family reunification. Some of the key issues for NGOs were: • Removal of restrictions on the ability to be a sponsor, as well as standstill clauses and waiting period • Organisations were critical of provisions for a minimum age for spouses, questioning the link between age and forced marriage • Views on the definition of family were mixed, but the majority of organisations felt that a wider range of family members, including same sex partners, parents and de facto children, should be eligible; a wider definition was sought particularly for refugees • There was strong opposition to pre-entry integration measures from organisations— most respondents were supportive of post-arrival measures, but there were some concerns about their accessibility • It was felt that beneficiaries of subsidiary protection should be covered by the directive and should be subject to the same favourable rules as refugees. Restrictions on the application of favourable rules were generally opposed. • NGOs were concerned about there being a presumption of guilt in terms of fraud and marriages of convenience in some Member States. Organisations called on investigations and DNA testing in particular to only be undertaken if there were doubts and not routinely. There was no consensus as to whether the directive should be amended to ensure these principles are applied

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The lack of consideration around gender aspects in the current directive was criticized by migrant women’s associations who pointed out for example that women are more often temporarily employed at a lower wage than men and have difficulties meeting up with income requirements, which are based on full-time employment.12

CCME’s response The CCME made the following observations and proposals in its submission to the commission: • Early family reunification should take place with as complete a family as possible • Dependent family members should be included regardless of age, and children should be allowed to join their parents up to the age of 21 • The CCME believes that forced marriages are not affected by an age requirement • A maximum waiting period for family reunification of 2 years should include all procedural time • An autonomous permit for a spouse should be granted earlier than 5 years • Post-arrival integration measures must be accessible and affordable • There must be wider access to the labour market, education and training • There should be no mandatory income requirement beyond the standard level for families of nationals • Authorities should bear the burden of proof in proving fraudulent relationship • CCME proposed the adoption of binding guidance from the Commission on the provisions of the current directive. • Migration management discourses are often a short- term response to populist discourse on the perceived extent and patterns of migration

CONCLUSION It remains to be seen how the commission will act on the basis of this consultation, which has shown that the tension between the right to family life enshrined in basic human rights conventions and an increased focus on migration management is becoming more apparent. How the challenge of balancing human rights—as expressed in the Rights of the Child Convention and in other international instruments with the terms of the current or revised directive—is met, will be crucial to the future ability of migrant families in European countries to persist as families.

Endnotes: 1.

The European Convention of Human Rights 1950 Article 8: Right to respect for private and family life a) Everyone has the right to respect for his private and family life, his home and his correspondence. b) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others 2. Convention on the Rights of the Child 1990 Article 10: In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family. Article 16:

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No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation 3. Article 23: ICCPR (International Convention on Civil and Political Rights) a) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. b) The right of men and women of marriageable age to marry and to found a family shall be recognized. c)No marriage shall be entered into without the free and full consent of the intending spouses. 4. COUNCIL DIRECTIVE 2003/86/EC of 22 September 2003 on the right to family reunification 5. European Commission (2008): Report on the application of Directive 2003/86/EC on the right to family reunification, COM/2008/0610 final. Brussels, Belgium. http://eurlex. europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52008DC0610:EN:NOT 6. GREEN PAPER on the right to family reunification of third-country nationals living in the European Union (Directive 2003/86/EC) 7. C – 578/08 Chakroun case http://curia.europa.eu/juris/liste. jsf?language=en&num=C-578/08 8. Eurostat. Statistics in focus Author: Katya VASILEVA 34/2011 9. MPG briefings for Green Paper on Family Reunion #2 Thomas Huddleston, MPG Policy Analyst. 9.11.2011 10. The Dutch government response to the Green paper on family reunification 2012-02-29 a) Integration prospects should be assessed; level of education important b) Consideration given to global economic crisis and international security threats c) More requirements at the admission stage: tests to prove whether family ties stronger with country of origin d) 24 years age limit for marriage – to limit chain migration e) Directive to apply to all non-EU family members f) Income requirement 120% of minimum wage g) Sponsors pay a deposit of a bond Deny right to reunite with new partner ( 1 partner every 10 years) h) Exclude sponsors convicted of certain violent crimes 11. UNHCR response to the Green Paper a)beneficiaries of subsidiary protection should have access to family reunification. b) not to apply time limits to the use of the more favourable conditions granted to refugees (currently 3 months). c)the adoption of guidelines defining clearly what is understood as dependency in relation to a sponsor for the purpose of family reunification. d) to facilitate refugees’ access to family reunification by providing for the possibility for the sponsor to apply in his/her country of asylum. e) family reunification requests for beneficiaries of international protection are not rejected based solely on the lack of documentary evidence (Article 11(2)). f) to put in place in law and in practice alternative regimes when national travel documents g) are not accepted or not available, including the use of emergency ICRC travel documents.to issue one-way laissez-passer to family members who do not have the possibility to obtain national travel documents. h) In order to avoid dependency between family members, in particular for victims of domestic violence, the residence of the family member should be independent of those of the sponsor. 12. Submission of the European Women’s Lobby (EWL) and the European Network of Migrant Women (ENoMW) in Response of the Green Paper on the Right to Family Reunification of third country nationals living in the European Union

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Family, Migration & Dignity Special Issue

New households, new rules? Examining the impact of migration on Somali family life in Johannesburg Researcher, African Centre for Migration & Society, University of the Witwatersrand, Johannesburg. Zaheera.jinnah@wits.ac.za

Zaheera Jinnah ABSTRACT This paper explores the impact of migration on families in South Africa, with a specific focus on self-settled Somali refugees in Johannesburg, South Africa. It argues that despite a progressive legal framework, which guarantees protection and rights to refugees and migrants in South Africa, conditions for migrant families and family life are bleak given the poor socio-economic conditions and xenophobic context that non-nationals find themselves in. Although international migration to South Africa continues to increase, as the countryâ&#x20AC;&#x2122;s political stability, and economic dominance grows in the region, family-centered policy for migrants and public discourse on social inclusion and integration lags behind. At the same time, high levels of unemployment, underemployment, poverty, and social and economic inequality exist in this city, creating a context in which marginal groups like migrants, refugees and the poor experience multiple levels of exclusion and vulnerability. For Somali women in particular these difficult conditions are further complicated by the paradox they face between opportunity and risk given the collapse of social and family structures in the Diaspora. Keywords: Somali, integration, migration and family

http://dx.doi.org/10.5339/ qproc.2013.fmd.7 ÂŠ 2013 Jinnah, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Jinnah Z. New households, new rules? Examining the impact of migration on Somali family life in Johannesburg, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.7

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INTRODUCTION South Africa has attracted different types of migrants and experienced various migration flows in the last fifty years. During apartheid, the country relied on a steady supply of lowskilled migrant labour from neighbouring countries to boost its productivity in key sectors such as mining and agriculture (Crush 1992). Since the end of apartheid, South Africa has become a destination country for international migrants from the region and further afield, due to its political stability and economic strength. As a result South Africa is home to diverse groups of non-nationals including refugees, asylum seekers, temporary and seasonal migrants and undocumented migrants (Collinson, Kok and Garren 2006). There have been four dominant migrant and refugee groups in South Africa in the postapartheid period. These are: Somalis, Mozambicans, Zimbabweans, and Congolese (SACN 2004 and 2006; Landau and Gindrey 2008). In addition, there have been smaller numbers of migrants from South Asia, China, North Africa, and from Lesotho and Swaziland. The social and economic circumstances that migrants face differ as a result of several factors: the presence and strength of social networks, their ability to secure employment before or on arrival in South Africa, and their legal status (Crush and Williams 2001). Consequently, the impact of migration on families differs significantly from group to group and within each group. This paper explores the impact of migration on Somali families in Johannesburg and places this experience within the broader context of low-skilled migration in post-apartheid South Africa. The structure of this paper is as follows: After a brief section on the legal and policy framework for migrants and refugees in South Africa, the bulk of this paper explores the ways in which Somali families experience migration and the effects it has on them. The content relies on original empirical evidence collected over 20 months between 2009-2011. Finally, some general recommendations are made in this paper on ways to improve family centered policy and practices.

HISTORICAL CONTEXT Legal and Policy framework Following the end of apartheid in 1994, South Africa adopted a progressive Constitution based on strong human rights principles, which entitled all who live in it, regardless of nationality or legal status, to enjoy basic rights and services. Furthermore, South Africa is a signatory to the 1951 Refugee Convention, the 1976 Protocol Relating to the Status of Refugees, and the 1969 Organization of African Unity Convention Governing the Specific Aspects of the Refugee Problem in Africa. These agreements outline the rights of forced migrants. Like many migrant receiving countries though, it has not signed the UN Convention on the Rights of Migrant Workers and their Families. Despite this comprehensive and inclusive legal framework, in practice, many refugees receive little state support to socially or economically integrate in South Africa. Indeed, many lower-skilled migrants, asylum seekers and refugees encounter numerous challenges to regularizing their stay in South Africa, which involves the ability to protect themselves from crime and xenophobia seek opportunities for livelihoods (Harris B. 2001; Crush 2008; Polzer 2007; Hunter and Skinner 2003). One of the features of South Africaâ&#x20AC;&#x2122;s historical labour migration pattern has been the lack of any policy provision for lower-skilled migrants to bring their families with them. As a result, many lower-skilled migrants live in single-sex hostels provided by their employers with little or no opportunity for social integration or family life (Crush 1985, 1986, 1995, 1997, 2001, 2007; Collinson, Kok, and Garenne. 2006). For migrants who are in South Africa with their families, the lack of any social security mechanisms and the structural and xenophobic constraints associated with public service delivery impedes their ability to access social services in the public (health, education) or private sphere (housing, employment). This means that most non nationals rely on social

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networks for entry and access to markets for social goods and services (CoRMSA 2008; Greenburg and Polzer 2008; Hunter and Skinner 2003). Very little is known about the economic conditions and coping mechanisms of migrants and refugees in South Africa. What is produced and reproduced in the public domain is often based on rhetoric, myths and misconceptions rather than actual data.

Somalis Somalis began arriving in South Africa in the early 1990’s, following the collapse of Syed Barre’s regime in Somalia and the prospect of new opportunities in South Africa. Initially, they settled in Mayfair, a suburb nestled close to the centre of Johannesburg, which had a significant local Muslim population and was established as a place for trade (Jinnah 2010). Gradually, Somalis began venturing further afield, and over the next two decades created economic opportunities for themselves through small-scale retail businesses in cities and in townships (former black areas located on the fringes of major cities and towns) in almost every major and secondary city in South Africa. Most Somalis in South Africa hold refugee permits (UNHCR 2005, FMSP 2006). This allows them to live, work, trade, study and move freely within the country. However, despite this provision to ensure their protection, they face considerable risks from xenophobic related violence through public and state bodies (Misago 2009). Partly to counter this threat, and in part to preserve a sense of community, Somalis have established several community organizations in South Africa (Jinnah 2010; Polzer-Ngwato and Segatti 2011; Johnson 2010). Migration has often been conceptualized as a socially-changing phenomenon which disrupts social environments, and weakens social control1 . It also introduces an opportunity to redefine gender and cultural norms2 . For many Somalis, migration has significantly changed the composition and roles of households and families. Traditionally, Somali households have consisted of intergenerational, extended, families led by a senior male member, in whom authority and allegiance was vested. Women played a minimal role in decision making even if they were economically active. Single women lived with their fathers or extended families until marriage and remained with their husband’s family in the event of widowhood. Divorces were not common, and if these did take place women would return to their fathers’ homes or remarry. The Somali household was also considered part of a larger social structure, as it belonged to a group of families which made up the clan. The clan, which is usually dominated by senior male members, offers protection to its members but also demands loyalty and adherence to social norms (Lewis 1998; 2008). Although some of these aspects of family and tribal life in Johannesburg remain, for the most part, the social fabric of Somalis is very different. Divorces are much more common amongst Somalis. Many women migrated alone or with their children, and many are in temporary relationships with men. These factors have changed the composition of the traditional Somali households. Many households, as a result, consist of single parent (mother) families with fragmented or weak ties to the wider clan. This change, together with the wider social and policy context in South Africa (which I turn to later), has simultaneously created opportunities and posed risks for Somali women. On the one hand, the weakening of social norms in the diaspora, which govern gender relations, has allowed many women to take a more active social and economic role; thereby changing their status amongst their families in Johannesburg and at home. On the other hand, it has also increased the social, physical, and economic risk that women face at home and in society due to the absence of an extended family network and a (male) protector.

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Several factors contribute to the economic and social vulnerability that Somali women face in Johannesburg. Unlike many social welfare states in Europe, South Africa extends minimal social security to refugees3 and none to migrants or asylum seekers. Consequently, non nationals rely on informal systems of support, such as social capital and private savings and loans, to alleviate economic risk and vulnerability. Without the safety net of the wider family and clan, Somali women often feel marginalized and destitute. Opportunities to work and trade in the formal sector are minimal and most Somalis end up working or trading informally with low wages and earnings. Women are discouraged from seeking work or business opportunities in the townships where earning could potentially be higher, but where risks associated with crime and xenophobic violence are greater. Socially too, women face numerous challenges—given the weakening of the wider family structure, divorce in the Diaspora is more commonplace. This often leaves women homeless and unable to support themselves and they are unlikely to claim maintenance—on their own, from their ex-husband or his family—without the support of their families. These factors have caused many women to engage in high-risk behavior such as drug usage or selling, or entry into short-term marriages.

FAMILY CONDITIONS AS A RESULT OF MIGRATION The difficult social and economic conditions described above have several direct implications for the functioning of families and the constitution of family life. Many Somalis live in multi-family households to alleviate the costs of high rentals and property shortages. As a result most homes are severely overcrowded and have poor sanitary conditions. In Mayfair, it is common to find at least 10 people sharing a three bedroom, one bathroom house. As such there is no distinction between living and sleeping areas, and one room has multiple functions. Some houses have been subdivided into one room ‘apartments’, with entire families, living, cooking, eating and sleeping in a single room and sharing a communal bathroom with other families in the household. Other houses are treated more as shared homes, with occupants cooking and eating in a shared kitchen, and bedrooms being used for leisure and sleeping. Many Somalis have multiple sources of livelihoods including selling items from home, working at one or two jobs, and/or having a partnership in a business. This leaves little time for family life and causes tensions in the households as errands and chores are left undone. It also forces many couples to reevaluate gender roles in the house, as women work as long as—if not more than—men. The precarious economic situation of most Somalis also means that they can’t make decisions, or take action relating to family needs. Some of the challenges arising from limited availability of money or insecure livelihoods include not being able to get married, being unable to maintain contact, or not having sufficient regular contact with their spouses or families, who are living in another country, not remitting as frequently or as much as they would like, which is often seen as a way to cement family ties, and not being able to migrate to join family in another country or being unable to sponsor reunification for families who are based elsewhere.

IMPLICATIONS FOR FAMILY Migration is a process which has significantly changed social structures and requires a (re) definition of family to reflect the different social and economic context within which families exists. Such as redefinition must take into account the changing nature of households, which in the case of Somalis means a transition from a patriarchal, extended family, located in spatially bound area, with close links to a clan, to a geographically- split transnational household, in which men and women have new roles inside and outside the house and in which the clan has lesser influence.

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This different constitution of families places new obligations on family members. In Mayfair, remittances are seen as the most important way in which family bonds are maintained and loyalty to the family expressed. Through cash transfers family members are able to stake a claim in, and at times improve their position within, the new transnational household. This abstract notion of belonging to household that physically does not exist conditions the everyday life of many Somali women. They see their membership in a larger family as a way of reaffirming their identity as women and affirming their role as breadwinners. At the same time, the protection that the ‘absent family’ is unable to provide also presents a danger to these women who find that they cannot rely on social systems of support.

POLICY RECOMMENDATIONS This paper makes four main recommendations. Firstly, in order to strengthen the legal framework for migrants and their families South Africa must sign and ratify the UN Convention on the Rights of Migrant Workers and their Families. Furthermore better efforts and realistic plans to implement existing policies relating to the rights of migrants and refugees must be undertaken by the respective state departments. Secondly, in order to improve understanding of and responses to the needs faced by migrants and their families, more research at survey and case study level is needed to inform policy processes and service provision for migrants. Thirdly, given the xenophobic climate in South Africa, any assistance to migrants must be framed with consideration of the broader contextual discourse which includes information on the ways in migrants contribute to the national and regional economy. Finally stronger regional cooperation on policy development to harmonize labour and migration policies within SADC is needed to address the long term causes and effects of migration.

Endnotes: 1. 2.

Organista, K. C., & P.B. Organista, P. B. 1997. Migrant Laborers and AIDS in the United States: A Review of the Literature. AIDS Education and Prevention, 9(1): 83-93. Magis-Rodriguez, C., C. Gayet, M. Negroni, R. Leyva, E. Bravo-Garcia, P. Uribe, & M. Bronfman. 2004. Migration and AIDS in Mexico: An Overview Based on Recent Evidence. Journal of Acquired Immune Deficiency Syndromes 37 (Supplement 4): 215-226. The monthly disability grant is the only source of state support that refugees are entitled to.

References • • • • •

Adepoju A. 2003. Continuity and Changing Configurations of Migration to and from the Republic of South Africa. International Migration. 41(1) 3-28. Collinson M, Kok P, Garenne M. 2006. Migration and Changing Settlement Patterns: Multilevel Data for Policy. Report 03-04-01. Pretoria: Human Sciences Research Council. Protecting Refugees, Asylum Seekers, and Immigrants in South Africa–2008. Johannesburg: Consortium for Refugees and Migrants in South Africa, CORMSA. Crush, J and Williams, V. 2001. Making Up the Numbers: Measuring Illegal Immigration’ to South Africa, Migration Policy Brief No. 3. Cape Town: Southern Africa Migration Project. Crush, J. 1985 Landlords, Tenants and Colonial Social Engineers: The Farm Labour Question in Early Colonial Swaziland Journal of Southern African Studies 11: 235-57. • 1986. The Extrusion of Foreign Workers from the South African Goldmines Geoforum 17: 161-72. • 1992 Transformation on the South African Gold Mines. Special Issue of Labour, Capital and Society 25(1) (ed. with W. James and A. Jeeves). • 1995. Crossing Boundaries: Mine Migrancy in a Democratic South Africa (Cape Town: Idasa and Ottawa: IDRC) (ed. with W. James) • 1997 White Farms, Black Labor: The State and Agrarian Change in Southern Africa, • 1910-1950 (New York, London and Pietermaritzburg: Heinemann, James Currey And University of Natal Press) (ed. with A. Jeeves).

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2001. The Dark Side of Democracy: Migration, Xenophobia and Human Rights in South Africa. International Migration, 38(6), pp. 103-133. • 2007. Another Lost Decade: The Failures of South Africa’s Post-Apartheid Migration Policy Tijdschrift voor Economishe en Sociale Geografie 98(4): 436-54 (with B. Dodson). • 2008. ‘South Africa: Policy in the Face of Xenophobia’, Migration Information Source, Migration Policy Institute (July 2008). Available at http://www. migrationinformation.org. Forced Migration Studies Programme. 2006. Migration and the new African city: Citizenship, transit, and transnationalism. “African Cities Survey” – Descriptive Statistics Johannesburg, Forced Migration Studies Programme, University of the Witwatersrand, Johannesburg. Greenburg, J and T. Polzer. 2008.’ Migrant Access to Housing in South African Cities’ Migrants Rights Monitoring Project, Report No.2, Johannesburg: Forced Migration Studies Programme. Harris, B. 2001. A Foreign Experience: Violence, Crime, and Xenophobia during South Africa’s Transition. Johannesburg: Centre for the Studies of Violence and Reconciliation. Hunter, N. And C. Skinner. 2003. Foreigners Working on the Streets of Durban: Local Government Policy Challenges. Urban Forum, 14(4). Jinnah, Z. (2010). Making Home in a Hostile Land: Understanding Somali Identity, Integration, Livelihood and Risks in Johannesburg. Journal of Sociology and Anthropology. 1(1), 91-99. Johnson, J.G.2010. Transnationalism and migrant organizations: an analysis of collective action in the Johannesburg/Pretoria area. Masters of Arts by Research in Forced Migration Studies http://wiredspace.wits.ac.za/bitstream/handle/10539/9189/JAMES_ JOHNSON_DISSERTATION_WITS_5.pdf?sequence=2 Landau, L.B. and Gindrey, V. 2008. ‘Migration and Population Trends in Gauteng Province 1996-2055. Forced Migration Studies Programme Working Paper, 42. Lewis, I. 2008. Understanding Somalia and Somaliland: Culture, History, Society Columbia University Press, 2008. Magis-Rodriguez, C., C. Gayet, M. Negroni, R. Leyva, E. Bravo-Garcia, P. Uribe, & M. Bronfman. 2004. Migration and AIDS in Mexico: An Overview Based on Recent Evidence. Journal of Acquired Immune Deficiency Syndromes 37 (Supplement 4): 215-226. Misago, J. P. (2009). Xenophobic Violence in South Africa: Reflections on Causal Factors and Implications. Synopsis: Policy Studies Bulletin of the Centre for Policy Studies. 10(3), 3-9. Organista, K. C., & P.B. Organista, P. B. 1997. Migrant Laborers and AIDS in the United States: A Review of the Literature. AIDS Education and Prevention, 9(1): 83-93. South African Cities Network (SACN). 2006. State of the Cities Report 2006. Johannesburg: South African Cities Network. South African Cities Network (SACN). 2004. State of the cities report 2004. Johannesburg: South African Cities Network. Polzer, T. 2007. ‘Responding to Zimbabwean Migration in South Africa: Evaluating Options’. Background document prepared for Policy Dialogue on Displacement and the Zimbabwean Crisis. http://migration.org.za/wpcontent/ uploads/2008/03/ zimresponses07-11-27.pdf. Polzer Ngwato, T., & Segatti A. (2011). From Defending Migrant Rights to New Political Subjectivities: Gauteng Migrants’ Organisations After May 2008. (Loren B. Landau, Ed.).Exorcising the Demons within: Xenophobia, Violence and Statecraft in Contemporary South Africa. United National High Commission for Refugees.2005. UNHCR Statistical Yearbook South Africa. http://www.unhcr.org/4641bebd0.html. Zietelmann. 1991. HUMAN DEVELOPMENT IMPACTS OF MIGRATION: SOUTH AFRICA CASE STUDY.

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Family, Migration & Dignity Special Issue

Looking after the left-behind families of overseas Filipino workers: The Philippine experience Scalabrini Migration Center

Maruja M.B. Asis

Abstract Article 16.3 of the Universal Declaration of Human Rights states that â&#x20AC;&#x153;[t]he family is the natural and fundamental group unit of society and is entitled to protection by society and the State.â&#x20AC;? This task has become a lot more challenging in the age of migration, particularly under a migration regime wherein only workers are allowed admission to another country under specific terms while their family members are left in the countries of origin. To date, the protection and promotion of the welfare of left-behind families is assumed to be the sole responsibility of countries of origin. Based on the experience of the Philippines as an origin country, this paper outlines the impact of international migration on the families of migrants; describes institutions, programs and services developed by the government and other stakeholders to promote their protection and welfare; and concludes with recommendations for transnational cooperation to ensure that the families of migrant workers are not left behind as participants in policy, research and advocacy.

http://dx.doi.org/10.5339/ qproc.2013.fmd.4 ÂŠ 2013 Asis, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Asis MBM. Looking after the left-behind families of overseas Filipino workers: The Philippine experiencey, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.4

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Introduction Transnational migration for employment is now a fact of life in the Philippines. Since 2006, a million overseas Filipino workers (OFWs) have deployed annually—including both new hires and rehires (i.e., those who renew their contracts), and land-based and sea-based workers—to various countries and territories throughout the world (Tables 1, 2). Although the destinations of OFWs have diversified over the years, the oil-rich Gulf countries are still the primary countries of employment for Filipino workers (Table 3; Figure 1). Women migrants comprise the majority of new hires among land-based workers, and about half of the annual total deployment (considering new hires and rehires, and land-based and sea-based workers) (Table 4). Thus, gender is an important dimension of labor migration from the Philippines, particularly in discussions concerning the relationship between migration and the family. Over the course of almost four decades of state-supported migration for employment, the Philippine government has developed a comprehensive legal and institutional framework to govern the different phases of temporary labor migration—before migration, while migrants are overseas, and upon their return to the Philippines. The various programs and services developed by the Philippine government combine the facilitation of labor deployment on the one hand, and the extension of support to protect OFWs and their families. The country’s long experience with temporary labor migration has shaped a view of transnational labor migration as a widely accepted livelihood strategy at the level of individuals and families. The family or household context of migration in the Philippines is embedded in the different phases of migration: • During decision-making, the promotion of family welfare is the driving force in the migration of individual members who seek jobs. • In preparing to migrate, prospective migrants rely on family networks for information about migration, employment opportunities abroad, and very importantly, funds to carry out their migration plans. • While migrants are abroad, the families at home are the principal beneficiaries of the migration project, but at the same time, the family provides critical support to migrants that enables them to work overseas. Without the possibility of family reunification, the left-behind families of migrant workers in less skilled occupations essentially bear the welfare and social services costs that destination countries would otherwise bear. In other words, migrant workers contribute to economic production in destination countries while social reproduction is maintained by the left-behind families in the origin countries1. • Upon their return to the Philippines, the family figures as the object of migrants’ investments in the case of successful return or it becomes the migrants’ safety net where return migration is under distressed conditions.

Risks And Costs of International Labor Migration Although Philippine society has become accustomed to international labor migration, unease over the social costs of migration continues to cast a shadow on its purported benefits, particularly concerns about the ill consequences of migration for migrants and their families. If remittances are the most recognized “development” impact of labor migration, the host of family problems attributed to migration tends to outweigh the positive consequences. In the court of public opinion, the separation of family members is feared to sow instability, jeopardizing marriages and parents-children relationships. Parental absence due to one or both parents working abroad has been linked to problems such as juvenile delinquency, drug addiction, dropping out of school, teenage pregnancy and early marriage among the children of migrants. The migration of mothers is particularly regarded as problematic because they’re remittances have traditionally been implicated in the contribution to the families of migrants

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becoming materialistic, losing initiative to work, and dependency on money received from abroad. Some of these issues and concerns have been subjected to research; many remain underresearched. Research in the Philippines and other countries in the region generally presents a more variable picture of how international labor migration has affected the families of migrant workers. A recently completed study interrogating the impact of parental migration on the health and well-being of children under 12 years old found that the children of migrants were not disadvantaged in terms of health and well-being outcomes when compared with the children of non-migrants (SMC, 2011)2. In the Philippine study, preliminary findings point to the emerging role of fathers as carers in mother-migrant households3, and indicators suggesting that young children cared by fathers do not significantly lag behind children in other migrant and non-migrant households. These new findings depart from the results of previous studies in the Philippines suggesting the fathers’ lack of involvement in child care and young children in mother-migrant households having more difficulties, being more anxious and performing poorly in school compared to children in other migrant and non-migrant households (Battistella and Conaco, 1998; ECMI/ AOS-Manila, SMC and OWWA, 2004). The full reasons for this change are not yet known, but one of several possible reasons may be related to methodology—in general, it is difficult to reach and involve husbands/fathers as research participants. On the whole, CHAMPSEA-Philippines revealed that children in father-migrant households cared by their mothers tend to show good outcomes compared to children in other migrant and non-migrant households. Such households have better economic conditions made possible by the fathers’ overseas employment and the least disruption in terms of child care because this is assumed by mothers. Although apart, family relations have been maintained with regular communication. The nationwide study of Filipino families and young children in 2003 found that the importance of the family was true for children in OFW and non-OFW families (ECMI/AOS-Manila, SMC and OWWA, 2004). In recent years, communication has been greatly facilitated by a variety of new media which provide instantaneous communication between migrants and their families (see also Madianou and Miller, 2012). It is crucial, therefore, that migrant workers are able to communicate with their family members. In the Philippine context, the migration of one or both parents does not result in a care deficit. At least as far as child care is concerned, left-behind families have been able to cope with the support of the extended family. Even with migration, child care continues to be provided by family and kin. The care of the elderly in OFW families is an area that has yet to be explored. The well-being of the left-behind families cannot be divorced from the conditions of the migrant family member. At the pre-migration stage, in the event that a prospective migrant is victimized by illegal recruiters, the family can be thrown into debt or lose capital when the funds allocated for the migration of a family member goes awry. During migration, the assurance of decent working and living conditions of the migrant family member can help alleviate the pain of separation. The abuse of domestic workers, the non-payment of salaries of construction workers, the kidnapping of seafarers or the unscheduled return of migrant workers due to economic or political crisis are examples of conditions that can exact a toll on family members in the origin countries—these costs are hidden, difficult to quantify and are often not reckoned with in analyses of the costs and benefits of migration.

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Addressing The Risks and Costs Government Actions Key government actions to promote the protection of OFWs and their families are outlined in Figure 2. The focus of these actions is the OFWs and programs specifically aimed at families are secondary. The two key migration agencies, the Philippine Overseas Employment Administration (POEA) and the Overseas Workers Welfare Administration (OWWA), are both attached agencies of the Department of Labor and Employment. The POEA is mainly responsible for regulating the recruitment process and the processing of work contracts to secure the protection of OFWs, while the OWWA is the main institution tasked to look into the welfare of OFWs and to provide support and assistance to their left behind families. The OWWA manages a single trust fund pooled from the US$25.00 membership contributions of foreign employers, land-based and sea-based workers, investment and interest income, and income from other sources. Maintaining the viability of the fund is important to enable the agency to cover the various needs of its members. Membership in the OWWA provides departing OFWs with various services while they are onsite: social benefits, training and educational benefits, and welfare services for their family members (for details, see http://www.owwa.gov.ph/wcmqs/programs_ /). The Migrant Workers and Overseas Filipinos Act of 1995 (also known as Republic Act or RA 8042) and as amended by RA 10022 (which took effect on 13 August 2010) are specifically aimed at strengthening the protection of migrant workers throughout the migration cycle. In addition to health coverage under PhilHealth (the national health insurance for OFWs and their dependent family members), in the Home Development and Mutual Fund or Pag-ibig Fund (to enable OFWs and their families to access housing loans) and coverage as OWWA members, RA 10022 provides for mandatory insurance coverage for land-based workers hired by recruitment agencies to cover death and permanent total dismemberment, repatriation, subsistence allowance benefit, compassionate visit, medical evacuation and medical repatriation4. Renewed government efforts to strengthen the programs and services of the National Center for the Reintegration of OFWs (NRCO) are a welcome development. The countryâ&#x20AC;&#x2122;s recent experiences in dealing with the displacement, repatriation and reintegration of large numbers of OFWs from Libya and Syria are yet another wake-up call to develop the capacity to effectively respond to these kinds of situations. A good practice that has been adopted by other countries of origin is mandatory predeparture orientation seminars (PDOS) to equip departing OFWs with information and knowledge to facilitate the adjustment and to know their rights and responsibilities. Only OFWs are required to attend the PDOS; families of OFWs would also benefit from PDOS, but so far, it has been logistically challenging to include family members as PDOS participants. Other information programs, including those offered by NGOs, have tried to address this gap. In general, the programs for OFWs are aimed at enhancing rights protection and social protection. Programs for the left-behind families tend to be welfare-oriented and developmental to some extent (e.g., scholarship programs). OWWA has tried to organize OFW families into OFW family circles to facilitate the delivery of services. In recognition of OFW families who have successfully dealt with the challenges posed by migration to family life, OWWA conducts a nationwide search for the Model OFW Family of the Year Award (MOFYA): â&#x20AC;&#x153;The Model OFW Family of the Year Awards (MOFYA) is a medium for recognizing the achievements of OFWs and their families in managing the impact of overseas employment in family life. It serves as a strategic mechanism for exemplifying the best practices

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of OFW families towards optimizing the gains of migration. The Award also recognizes the ultimate results of OFW family success in terms of enterprise development and generation of employment opportunities.”

Initiatives by other stakeholders NGOs, including the Catholic Church and other faith-based organizations, play an important role in the shaping of migration policies in the Philippines, particularly in the advocacy for the protection of the rights of OFWs and their families. Migration-oriented NGOs also contribute to developing innovative programs and approaches to address the concerns, needs and potentials of OFW families. Some of these examples are as follows: •

•

Awareness-raising about the realities of migration, with a special focus on the leftbehind families - The Episcopal Commission for the Pastoral Care of Migrants and Itinerant People (ECMI) introduced the commemoration of National Migrants Sunday (NMS) to remember in prayer OFWs and their families and to use this occasion to promote discussion and reflection about international migration and its consequences. National Migrants Sunday is on its 26th year. The ECMI also sensitizes and builds the capacity of church-related organizations to organize OFWs and their families, form support groups, and provide them with various capacity-building programs. The ECMI also conducts the search for outstanding sons and daughters of OFWs. Organizing and empowering OFW families - Kanlungan Center Foundation organizes OFW returnees and OFW families to set up an Action Center for OFWs and their families, which will provide assistance and promote local development in communities of origin. The Action Center, established in Naguilian, La Union, is one of the more successful models. Financial literacy programs for OFW families - One initiative is aimed at helping OFW families manage their remittances, especially the use of remittances for investments, savings and resource-generating ventures. In 2010, several NGOs partnered to launch the Pinoy WISE (World Initiative for Savings, Investment and Entrepreneurship) targeting OFWs and their families (for details, see http://www.pinoywise.org/). - An interesting initiative is Batang Atikha Savers Club, which aims to encourage savings and to promote value formation among the children of OFWs (http://www. atikha.org/batang-atikha/). School-based programs for OFW families - Atikha has developed training programs and materials to develop and implement school-based programs and services to support children and carers in OFW families (http://www.atikha.org/programs/school-based-program-in-addressing-the-socialcost-of-migration.html). - Some schools have organized the children of migrants to form an organization so they can have a support group and to support capacity-building programs, such as leadership trainings and peer counseling.

The business sector also pitches in by way of giving recognition or offering services catering to the OFW sector. For example, the Bank of Philippine Islands, as a way of recognizing the children of OFWs who excel in academics and leadership and also to honor the sacrifices of OFW parents, started an award-giving search for 10 Outstanding Expat Pinoy Children in 20075. Big companies, like SM and Robinson’s, establish one-stop services and centers in selected malls, to offer services to OFW families (and to encourage more business as well).

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Media companies also devote radio or television programs or sections in major newspapers (e.g., Global Nation in the Philippine Daily Inquirer; Pinoy Worldwide in the Philippine Star) for feature stories or news reports concerning overseas Filipinos.

CONCLUSION The risks and costs of temporary labor migration to left-behind families are traditionally viewed as the concern and responsibility of origin countries. The dominant view of temporary labor migration as an economic mechanism to manage the flow of workers alone without due consideration for the family life of migrant workers encourages this premise. Cooperation between origin and destination countries is crucial to better promote the protection of migrant workers, which in turn, is a significant factor to the enhancement of the well-being of left-behind families. The government and other non-government institutions in the Philippines have developed policies, programs and services to mitigate some of these risks and costs. Government actions, in particular, emphasize the protection of OFWs. There is a need to bring the national framework to the level of local government units so that local communities are better equipped to respond to the needs, concerns and potentials of migrants and their families. An assessment of existing programs and approaches for left-behind families will aid in identifying gaps and scaling up good practices and initiatives.

Table 1: Distribution of overseas Filipinos by World Region (Dec. 2010) - STOCK ESTIMATE. http://www.cto.gov.ph/pdf/statistics/Stock%202010.pdf

Table 2: Deployment of OFWs, 2006-2010

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Table 3: Top 10 destination countries, land-based OFWs, 2010. Deployment Data (new hires and rehired)

Fig. 2: Growth in diversity of destinations of overseas Filipino Workers (OFWs). Still the Middle East remains the primary region of destination of OFWs (2010 Deployment Data).

Table 4: Programs and services for OFWs and their families.

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Endnotes: 1. 2.

Destination countries in Asia allow highly skilled and professional migrants to bring their families with them. The Philippines, Indonesia, Thailand and Vietnam were part of the Child Health and Migrant Parents in Southeast Asia (CHAMPSEA) Project spearheaded by the National University of Singapore and the University of St. Andrews. The research project was carried out between 2008 and 2009. For details about the project, see http://www. populationasia.org/CHAMPSEA.htm. Children in father-migrant households in Thailand and Indonesia recorded poor psychological well-being compared with children in non-migrant households. This was not the case in the Philippines and Vietnam. The different findings across different countries indicate the importance of considering cultural contexts (Graham and Jordan, 2012). Membership or enrollment in OWWA (per contractor two years), PhilHealth (Php900/ year) and Pag-ibig Fund (Php100/month) is accomplished as part of requirements before OFWs are deployed. Membership in the Social Security System (SSS) is encouraged to provide OFWs with an instrument for their pension. See http://www.mybpimag.com/index.php?option=com_content&view=article&id=96&I temid=760

O PE N ACCE SS

Family, Migration & Dignity Special Issue

What are the characteristics, behaviors and problems for families and children? Case stories: Central Asia Director, Centre for Prevention of Trafficking in Women

Jana Costachi INTRODUCTION Migrant workers bring an enormous contribution to the development of the Central Asia (CA) region by providing skills that fill labour market needs in countries of destination, and by providing remittances, return of talent and enhanced commercial activity in their countries of origin, i.e., Tajikistan, Uzbekistan, Kyrgyzstan. International labour mobility has become increasingly important in CA over the past two decades. The collapse of the Soviet Union and centralized employment system has entailed considerable changes in labour markets and growth of internal and external labour migration. The regional migration has affected all population strata, all age categories, men and women, various occupations and social groups in CA. Migration has strengthened economic linkages between actors in the regions as well as increased the development of speed gaps between various countries. According to the Central Asia Human Development Report (UNDP), just within the period from early 1989 to early 2002, nearly 3 million people, or over 20% of the population, migrated from Kazakhstan; 694,000 people (11% of the population) from Tajikistan; over 1 million people (4%) from Uzbekistan, and 360,000 people (7%) from Kyrgyzstan. Since the early 2000s, the labour migration-related issues have become especially topical. Before that time, migration was of a predominantly ethnical nature and was related to departure of non-titular ethnic groups to their countries of origin (Russia, Ukraine, Israel, and Germany) or to industrially-developed Western countries (USA, Canada, Western Europe). Meanwhile, in the recent decade, migration flows have undergone considerable changes. During the 2000s, the former Soviet Union countries witnessed the emigration of many of their most educated and enterprising people.

http://dx.doi.org/10.5339/ qproc.2013.fmd.9 © 2013 Costachi, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Since the economic growth in Russia and Kazakhstan, the increasing number of labour migrants—members of the regional indigenous populations of Tajik, Uzbek and Kyrgyz people— have left for these countries in search of a job. A regional migrant’s profile has drastically changed. The migrants—urban residents with rather high educational attainment—have been substituted for a number of indigenous labour migrants, the majority of whom are villagers with quite a low level of education and qualifications.

Cite this article as: Costachi J. What are the characteristics, behaviors and problems for families and children? Case stories: Central Asia, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.9

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Kazakhstan—only recently a country of origin for labour migrants—has become a major country of destination for foreign workers. This has been largely due to econom¬ic growth, which began in Kazakhstan in the 2000’s and the resultant increase in the number of jobs, wage hikes and the generally higher income of the population. Various informal evaluations of the number of Kyrgyz migrant workers abroad vary between 170,000 and 700,000 people. Kyrgyzstan is the third largest Central Asian supplier of labour migrants to Russia (after Uzbekistan and Tajikistan). The Russian Federation and Kyrgyzstan are the main destination countries. Of labour migrants, 20-30% go through organized channels (recruitment agencies or the state), while 70 to 80 % of labour migrants do not use formal intermediaries. According to official data, there are currently over 730,000 Tajik citizens working abroad. About 89% of emigrants regularly send remittances to their relatives. Tajik migrant workers, who are mainly working in Russia, sent nearly 2.29 billion dollars to Tajikistan last year –49% of GDP in 2008 (National Bank). Along with the Russian Federation, European countries are increasingly becoming migration destinations, receiving, among others, migrants from former Soviet Union countries, in particular from Moldova, Ukraine. Although the European Union has introduced extensive controls in recent years, southern European countries, especially, still see substantial clandestine migration. Migration patterns are not purely economically driven, however. They tend to follow intercountry networks based on family, culture and history. People may move between countries to find work, but they do so more easily between countries with historical links, where they know they will find compatriots, or to which family or friends have already migrated and have become established enough to help them. In addition to economically-driven ‘voluntary’ migration, other and quite different forms of population mobility also take place in the region: refugees, asylum seekers, internally displaced. Another category that is increasingly important today is transit migration. Undocumented migrants also continue to be in considerable demand. Indeed, industries have emerged to facilitate such flows—a plethora of public and private agencies in both developing and developed countries have materialized to recruit workers for employment abroad. The question of return migration is receiving more attention, as it is becoming apparent that migrants frequently go back to their home countries, both for visits and to return permanently after they have lived and worked in other countries. Circular seasonal migration between the boarding regions is receiving considerable attention in particular and also often for part-time or irregular work such as that of petty traders or construction workers. Migration is a complex process, which includes all possible forms of migration, the largest component, however, being labor migration. For some of migrant workers, temporary international migration is becoming a permanent way of life. They return home only to migrate again. Rather than returning to the cultures from which they came, or integrating into the one in which they are living, such migrants develop ‘transnational’ lifestyles and perspectives, from which they live ‘between’ or ‘across’ two countries, economies and cultures. Many migrants maintain ties across borders: economically as they send money home or run businesses in two different places; politically as migrants may vote or even run for office in more than one state; socially as they maintain ties with friends and family, sometimes across great distances; culturally, and in religious communities that transcend space. Women now make up nearly half of all international migrants across the various categories of migrants. Women are also increasingly labour migrants. “Fifty percent of labor migrants

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from Kyrgyzstan are women,” the President Almazbek Atambayev stated at a solemn ceremony in honor of International Women’s Day. According him, children of labor migrants, around 20 thousand, grow up without mothers. “When girls are early given in marriage—kidnapped—this has negative impact on image of the republic. Two thirds of children are born into families not registered their marriage,” said Almazbek Atambayev. Migration can provide a vital source of income for migrant women and their families, and earn them greater autonomy, self-confidence and social status. This happens by giving access to financial resources, or permitting women from traditional societies of origin to discover new norms regarding women’s rights and opportunities at destination. A few studies are beginning to explore women’s motivations for migrating. A first reason is economic. Some women also migrate to become modern and to be independent, or to escape discrimination and oppression from family members. Very often, migration of women is the result of decisions that are made not by individuals, but by families. Migration is a ‘family project’—the expected outcomes are not for the individual migrant, but for other family members, including descendents. Decisions about which specific family member is to move are made on the basis of age, birth order and gender, in ways that are highly determined by cultural norms, particular skills and attributes. Households deliberately choose the particular family members who are most likely to provide net income gains. Other families may also use migration of selected members as a sort of insurance, as a way of diversifying their activities in order to minimize risk. However, migration can also entrench traditional roles and inequalities and expose women to new vulnerabilities as the result of their precarious legal status, exclusion and isolation. Female migrants, especially if they are irregular migrants, can face stigma, gender discrimination, poverty and violence, poor housing and encampments, sex-segregated labour markets, low wages, long working hours, insecure contracts and precarious legal status. And upon return to the source country they may be faced with broken families, illness and poverty.

EFFECTS OF MIGRATION ON FAMILY RELATIONS Concerning families in general migration may have positive consequences for families and for children. Migration can mean positively changing roles and responsibilities within families; increased economic wellbeing; educational opportunities and social capital, and increased autonomy, learning, and pride in achievements. In sum, migration can bring the potential strength of transnational identities and build resilience. But this is not the only positive effect. One of the most negative impacts of irregular migration on family is the social costs of such migration. Awareness of the value of family relationships was heightened, the need for closer communication was felt, attitudes regarding the role of women had changed, and international awareness was widened. Migration may then start a virtuous or a vicious spiral for families and for children. It can have disastrous consequences such as emotional distancing, undesired destruction of the family unit, physical and mental health problems, dropping out of school, alienation, drug use and prison stays—a whole series of problems that may or may not be directly due to the migration but that are certainly interlinked with it. Migration profoundly modified family relations. Even under favorable circumstances—when an international move is voluntarily, social and economic difficulties are minor and cultural differences are subtle rather than flagrant—migration can destroy the family unit. Migration to a different culture can additionally give rise to intergenerational tensions. Roles within families shift after migration, especially when only one parent migrates. While husbands and fathers who migrate alone maintain their role as breadwinners in their families,

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the women and children who have remained behind take over the tasks traditionally done by the absent family members. The women remaining at home may face a variety of difficulties such as raising children as a single parent; dealing with their own emotional, psychological and sexual needs; conflicts with in-laws concerning management of resources; avoiding sexual violence, and abandonment of husbands who establish new families in other countries. On the other hand, migration causes problems for families, and especially for the children left behind. Children become estranged from their parents, who are overseas workers. Reports show that children see their parents only as sources of gifts and money and blame parents absence for problems such as delinquency, drugs, and premarital sex. Many children become quarrelsome and have difficulties developing healthy friendships with other children. In some cases, their grades in school decline. The lack of effective and regular communications leads to the family’s growing apart. The pressure to provide the family with money sometimes causes migrants to avoid visiting home. Distance and poor communication weakens relationships. Dependency on migrant workers’ incomes has grown, and families often do not engage in alternative income-generating activities. Migrants working in other countries consider their migration to be temporarily—they fully intend to return to their home communities, where they have left children to be safely cared for by grandmothers or other family members. If the returnee finds a job, the wages are usually not enough to provide for the needs of his/her family. The few labour migrants who manage to save money and attempt to set up a business upon return often fail because of poor business education, lack of training and lack of information on business conditions. This is the case for Tajikistan, Kyrgyzstan and Uzbekistan. All these circumstances frequently leave returning migrants workers with no choice other than to migrate again. In conclusion, migration helps to improve the quality of life for many migrants and their families. Nevertheless, many migrant workers and their families are subject to labour exploitation, abuse and discriminatory treatment. The benefits of migration are not evenly distributed, with the social costs being highest for unskilled migrants—the poorer households are the least able to maximize the benefits of migration, especially as they had difficulty effectively managing suddenly larger flows of income. Why it is so difficult to find solutions to regulate migration flows, which would considerably reduce the social costs of migration in the region? 1. Change in stereotypes. The difficulties in solving the labour migration-specific issues in CA are the legacy from the Soviet era. In Soviet times, the individual migration was considered as a “vestige of capitalism”; only “planned” migration directed by the authorities was admitted. The labour migration outside the home country was also considered inadmissible. Naturally, such stereotypes cannot vanish at once; however, the perception of the labour migration, as something negative and undesirable should be overcome as it meets neither economic nor demographic realities of the current stage of development in Central Asia states. Another stereotype concerning the labour migration is that it is considered to be not typical of traditionally sedentary Central Asia population, primarily, Uzbeks and Tajiks. 2. External factors—especially a migrant family’s legal status and regulations about family reunification—strongly determine the way in which families will be affected by migration. Formal restrictions made it impossible for migrant families to live together. In other instances, and in numerous places today, low wages, poor employment conditions, and limited space may limit migrant workers ability to live with their families. The importance of legal status gives the right to health care and education, as well as to some protection from exploitation. Two contradictory tendencies can be noted concerning family reunification, in particular. On one hand, the universalization of human rights—including the right to choose a spouse and to live in a family

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household—has drastically decreased the legal base for restrictions to family migration. On the other hand, enhanced border controls and strict migration policies limit entry of accompanying family members to many countries. It is difficult to estimate the number of families involved worldwide since, although migration data now more often includes information about gender and age; data about family units entering or leaving countries is rarely recorded as such. A thorough, cross-national comparative review of the effects of migration on children or on families has not been done. It would require examining the short- and long-term psychological and economic effects of such migration, taking into account the levels of development of countries of origin and of destination, the family’s socioeconomic and other resources, the reasons for the migration and its duration, cultural factors, and the various configurations in which families may migrate. It would also require looking not only downward, at effects on children, but also upward, at effects on the parents whose children have migrated. The fundamental policy challenge to be addressed is facilitating international labour mobility to meet employment and skill needs and enhance economic performance, in order to realize development and social welfare benefits from migration. Theory, policy and practice that link gender equality concerns with migration from a development perspective are rare. Migration is still primarily seen as the concern of the state, and migration as a development issue is only just emerging, with limited attention being paid to gender. While there is increasing recognition that women are also migrants and that the causes and impacts of migration are gendered, attempts to mainstream gender issues into policy are patchy. Work has focused primarily on “adding women” as a discriminated and vulnerable group, particularly in relation to displacement due to conflict and trafficking for sexual exploitation. The many womenfocused policies and programmes initiated by NGO and civil society organisations largely focus on empowering, protecting and supporting female migrants. Data on migration has become a key arena for determining how migration and migrants are perceived and how migration is governed. There is little data or study made available that describes and characterizes migration and migrants in terms of labour force participation, employment distribution, skills insertion, ages and social status of migrants, family construction etc. In consequence, international dialogue and public debate are generally focused on migration as threat and as phenomena requiring control and policy responses. In order to assess the need for foreign labour, evidence should include data on gender and more detailed information on specific labour market sectors to understand gender distribution. The needs assessment should not overlook domestic work and private carerelated services so that admission policies would better reflect the actual need. Such measures would also help reduce the number of female migrants working in irregular employment situations. Much data currently collected, disseminated and applied to policy is data that describes migration as population movements with specific reference to border crossings, legal status and often criminality, to national security and territorial and population control. Despite the fact that CA countries have developed national policy and implementation plans on migration, international instruments for protection of migrant workers’ rights remain insufficiently effective. Insufficient efficiency of international instruments for regulation of labour migration and protection of migrants’ rights, and the necessity of more specific consideration of regional and country peculiarities, determine the practice of concluding multilateral (generally, regional) and bilateral agreements in this sphere. Bilateral labour agreements should include two different types of provisions that can benefit female migrant workers: (a) general good practices that have a positive impact on women, including families members, such as protective provisions in sectors not covered by national labour law, e.g., domestic services; and (b) gender-specific provisions

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10.

11.

12.

13.

such as gender impact assessments; the inclusion of gender advisers with expertise on migration at all stages, from creation to implementation of such agreements, and gender sensitivity training for all staff involved in the process. If women and men are to benefit from the empowering and development potential of migration, a shift is needed to a gendered human rights approach to migration. Immigration and emigration policies enable women as well as men to take up opportunities that safe and regular migration may offer and which foster the positive impacts of migration for the social and economic development of migrants as well as the receiving and sending countries. This would include measures to ensure sufficient regular channels for women’s entry, to avoid them being pushed into more risky irregular channels and bilateral agreements between sending and receiving areas which protect women migrants’ rights. A supportive institutional structure should be made more gender-sensitive through gender mainstreaming, since this is required in order to develop and implement gender-sensitive policies. Support for the acknowledgement of the rights of migrants throughout the migration process, including providing pre-departure information on legal rights, facilitating remittances, ensuring access to basic services such as housing, education and health, and supporting migrant solidarity between different migrant groups to address issues of exclusion and isolation. Different reintegration programmes serving a diverse group of female migrants should be developed to smooth the process of return, such as assistance with transfer of pensions and other social benefits obtained abroad; new employment opportunities should be offered; additional training or access to education should be made available; and assistance should be provided for social re-integration. Enhance at the regional level an inter-country consultative dialogue on further interventions for harmonization of national legislations and policies to facilitate labour migration mobility, and better govern labour migration movements and protection of labour migrants’ rights, including reinforcing their right to be entitled to social security services, with a special focus of gender-related aspects. At administrative and practical levels of governance, main challenges include formulating a national policy and implementation plans focusing on improving human and institutional capacity for implementation, establishing or strengthening specialized government bodies on labour migration administration and protection of migrant workers and their families. Support trade unions and employers to make efficient contributions into labour migration governance and develop a regional dialogue on the principles of tripartism.

REFERENCES • • • • • • • •

Boyd, M. (1989). Family and personal networks in international migration: recent developments and new agendas. International .Migratio Review Carling, J. (2005). Gender dimensions of international migration, Global Commission on International Migration, Geneva. Cassarino, J.-P. (2004). Therorising Return Migration: the Conceptual Approach to Return Migrants Revisited. International Journal on Multicultural Societies Collinson, M.A., Tollman, S.M., Kahn, K., Clark, S.J., & Garenne, M. (2006). Highly Prevalent Circular Migration: Households, Mobility and Economic Status in Rural Davidson, J. & Farrow, C. (2007). Child Migration and the Construction of Vulnerability, Save the Children Sweden. Dumont, J.-C. & Zurn, P. (2007). Immigrant Health Workers in OECD Countries in the Broader Context of Highly Skilled Migration, OECD. Ghosh, B. (2000). Return migration: Journey of hope or despair? International Organization for Migration, Geneva. Global Commission on International Migration (2005). Migration in an interconnected

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world: New directions for action: Report of the Global commission on international Migration’, GCIM, Geneva. Haour-Knipe, M. (2001). Moving Families: Expatriation, Stress and Coping Routledge, London. Haour-Knipe, M. (2008). Dreams and disappointments: Migration and families in the context of HIV and AIDS. Joint Learning Initiative on Children and HIV/AIDS JLICA. http:// www.childmigration.net/files/2.pdf Hugo, G. (1994). Migration and the family United Nations, Vienna, Austria. International Labour Office (2004). Towards a fair deal for migrant workers in the global economy, ILO, Geneva Jolly, S. & Reeves, H. (2005). Gender and Migration: Overview Report, Institute of Development Studies, Brighton, UK Kofman, E. & Meeton, V. (2008). Family Migration. In World Migration 2008: Managing Labour Mobility in the Evolving Global Economy, IOM, Geneva. Levitt, P. & Jaworsky, N. (2007). Transnational Migration Studies: Past Developments and Future Trends. Annual Review of Sociology Madhavan, S., Collinson, M.A., Townsend, N.W., Kahn, K., & Tollman, S.M. (2007). The implications of long term community involvement for the production and circulation of population knowledge. Demographic Research Martin, S. (2005). 2004 World Survey on the Role of Women in Development: Women and International Migration, United Nations Department of Economic and Social Affairs and Division for the Advancement of Women, New York. Momsen, J.H. (1999). Gender, Migration and Domestic Service Routledge, London. Nyberg-Sorensen, N., Hear, N.V., & Engberg-Pedersen, P. (2002). The migration-development nexus: Evidence and policy options, state of the art overview IOM, Geneva. Orellana, M.F., Thorne, B., Chee, A., & Lam, W.S.E. (2001). Transnational Childhoods: The Participation of Children in Processes of Family Migration. Social Problems Redfoot, D.L. & Houser, A.N. (2005). “We Shall Travel On”: Quality of Care, Economic Development, and the International Migration of Long-Term Care Workers, Public Policy Institute, AARP, Washington, DC. Staehelin, C., Rickenbach, M., Low, N., Egger, M., Ledergerber, B., Hirschel, B., D’Acremont, V., Battegay, Stark, O. & Taylor, J.E. (1989). Relative deprivation and international migration. Demography Wanner, P. (2002). Migration Trends in Europe, Council of Europe, Strasbourg Whitehead, A. & Hashim, I. (2005). Children and Migration: Background Paper for DFID Migration Team.

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Family, Migration & Dignity Special Issue

Symposium on Migration, Family and Dignity Social Policy Research Centre Middlesex University

Eleonore Kofman ABSTRACT Though the most common source of long-term migration in countries which permit it, family migration has until recently attracted little attention from academics and policy makers due in part to its conceptualization as female and a dependent form of migration that is of little relevance to the labour market. However, during the past decade there has been a growing body of academic literature generated through a collective interest in transnational migration (Bryceson and Vuorela 2002); international marriages, including those by men moving as the imported spouse (Charsley 2011, Williams 2010); gender, generation and families in migration (Kraler et al. 2011); migrant families and multicultural societies (Grillo 2008), and families caring across borders (Baldassar et al. 2007).

http://dx.doi.org/10.5339/ qproc.2013.fmd.5 ÂŠ 2013 Kofman, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Kofman E. Symposium on Migration, Family and Dignity, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/ qproc.2013.fmd.5

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INTRODUCTION There has also been growing attention paid by policymakers to family migration, cultural diversity and its implications on integration. The migrant family has become a political and policy issue and increasingly a target for intervention in its transnational cases, especially in relation to gender and generational relations (Grillo 2008). Much policy literature, however, does not take into account adequately the diversity of forms of family migration and the gendered composition of each. However, family migration may involve a number of forms, such as family reunification with primary migrants, family formation (second generation as well as students, tourists, etc., who travel outside of their own country and fell in love with a person), and those accompanying labour migrants. There is a tendency in Europe to focus on a few selected nationalities—usually Muslims—such as Moroccans, South Asians and Turks, who are seen to be problematic and associated with traditional cultural practices. Overall, more women than men migrate as family members (see Figure 1 for Europe).

Figure 1. Foreign-born population aged 25-54 years that entered the country at age 15 years and older, according to main reason for migration and gender. EU-27, 2008

Whilst family reunification migrants tend to be predominantly female, the percentage of men is much more even in terms of family formation. And although it may be more difficult for women to fulfill the requirements (income, housing) to sponsor a family member, the increase in female labour migrants, especially in Southern Europe, but also amongst skilled migrants in Northern European countries, has meant that women are initiating family reunification of spouses and children. Men too are therefore ‘imported’ spouses. Women are increasingly migrating primarily to perform social reproductive activities, both skilled and less skilled, in the private and in the public sectors (Kofman 2010; Slany et al. 2011). And as we should also acknowledge, women have increasingly high levels of education. According to the latest study for the OECD by Widmaier and Dumont (2011), the migration of highly-skilled women had risen markedly by 2005/6 with a third of recent migrants having a higher education qualification, the same as their male equivalents. Of course this varies by country and region with the largest numbers from India, China and Africa. Yet on average 30% of highly qualified migrants in the OECD are doing work below their skill levels; that is, they are overqualified. This phenomenon is generally more prevalent amongst migrant women. In the EU-27, migrant women on average are overqualified by 35% compared to 32% for men (Eurostat 2011). Another key issue is that what constitutes the family for purposes of immigration differs between states (Huddleston 2011a). Generally, in Europe, it tends to be restricted to the nuclear family with continuing relationships of dependency between members; that is, generally,

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children under 18 years, and parents over 65 years without familial support in the country of origin. In so-called societies of immigration, the family is defined more extensively by family sponsorship of non-immediate members such as siblings recognized. For example, discretionary flows constitute only 2% in the UK, compared to 5% in Australia, 10% in Canada and 32% in the US. In Europe, children constitute in many states a larger proportion than spouses or partners. This is especially the case in Southern European states where a formal family reunification system has only recently been implemented and where many undocumented migrants have been regularized in the past 15 years, thus qualifying for formal family reunification (77% Spain and 70% Greece compared to Sweden 27% children) (Huddleston 2011b). In the past decade, many states, both in traditional immigration countries and in Europe, have sought to reduce their family flows, change their composition, and impose more restrictive conditions of sponsorship and integration criteria, not just to obtain permanent residence and citizenship but increasingly at the point of entry. In traditional societies of immigration as well there has been an attempt to increase skilled economic migration and temporary migration, as happened in Australia, in the 1990s and later in Canada. In the US there has been a debate on whether the high percentage of family migration should be maintained (Kofman and Meetoo 2008). And of course in France, Sarkozy has pursued the discourse and attendant measures of a move from immigration subie (imposed) to immigration choisie (selective). The point that is particularly relevant for this paper is that in immigration societies, compared to Europe, the arguments about family migration being problematic are less overtly couched in gender terms. On the other hand, in those European states, such as Austria, Denmark, Germany, the Netherlands and the UK, which have imposed the most restrictive conditions in recent years, the discourses have been highly gendered. Foreigners, especially Muslim women, whose cultural and social practices are deemed incompatible with liberal ways of life and problematic in their capacity to integrate, are often the target of integration policies. The outcomes of the measures imposed, as we showed in a European Integration Fund project called PROSINT Promoting Sustainable Policies for Integration http://research.icmpd.org/1429.html, have also been gendered. Thus, in this article I shall focus on gender issues and recent developments in the European Union, where there has been growing discussion at a policy level about family migration in the broader context of debates about ‘failing’ integration and the creation of parallel societies. As a paper by Tom Huddleston (2011c) states: “Restrictions ‘in the name of integration’ separate families in practice”. The most radical changes have often been based on stereotypical images of (traditional) migrant women, poorly educated, living in backward patriarchal societies and thus importing such practices with them, having a low labour force participation and hence contributing to the continuing reproduction of inequality amongst migrant populations. Such images have served as the rationale for a raft of policies often designed to ‘protect’ them against practices such as forced marriages, and by convenient slippage with arranged marriages, which it is argued is a common occurrence that needs to be tackled by general policies so as to prevent the charge of discrimination against certain groups such as South Asians, Turks and North Africans. Forced marriages have been used as the excuse to raise the age of marriage to 24 years in Denmark and 21 years in the Netherlands and, initially in, the UK. However, in the latter, a challenge brought about by the Joint Council for the Welfare of Immigrants eventually led to its repeal, in October 2011, by the Supreme Court on grounds that the measure was disproportionate. The government had only been able to show that about 4% of marriages between the ages of 18 and 21 were forced. The second major measure has been the introduction of language tests at point of entry for migrants in a number of countries, such as Austria, Denmark, France, Germany, the Netherlands and the UK. There is evidence that these tests, as in Germany and the Netherlands, have the

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effect of reducing spousal flows from some of the major countries, at least initially. Though numbers have subsequently picked up, they have not returned to their previous level. In Germany, immigrating wives were more affected than husbands. The number of visas issued for Turkish wives decreased by 74% between the third and the fourth quarter of 2007, for Turkish husbands the decrease amounted to about 57% (Scholten et al. 2011). In particular, a major effect has been to alter the educational level of successful applicants, resulting in greater selectivity. In the Netherlands differences in pass rates reflect the level of schooling, sex, age and nationality. On average, men (90%) are slightly more successful than women and, on average, young adults (18-35) are much more successful (87-91%) than migrants over 45 (78-74%). In terms of level of schooling, the highly educated are much more successful (95%) than low educated (82%). Similarly, those with lower levels of education find it difficult to pass tests to obtain long-term residence and citizenship. We should remember that just being able to access courses and take the tests may be quite a task in itself, demanding perseverance and motivation, but these are after all the qualities that demonstrate one can survive in an increasing neo-liberal economy and society. Apart from the fact that these measures are either discriminatory, or disproportionate—yet designed to sidestep accusations of discrimination—the notion of failing integration and lack of labour market participation by women migrants entering through the family route is based on stereotypical and outdated conceptions of the subjects of migration. The diversity of migrant women and men entering is hardly taken into account, although recent studies have begun to do so. As previously mentioned, the level of education has been increasing, and amongst recent migrants, 33% of women compared to 31.5% of men had a tertiary degree (27.9% for migrant women in general and 28.4% for men). These figures cover all routes of entry. However evidence in France from a sample primarily comprising family migrants confirms a high level of education. In 2009, of the 50,993 migrant women (only 3.2% entered with a labour contract) who signed the Contrat d’Accueil et d’Intégration in France, 28.4% had a tertiary degree and 55.1% a secondary qualification. Only 5.8% had no qualification whatsoever. The notable increase in educational levels of female migrants has meant that international organizations such as the European Commission, the OECD (Dumont and Liebig 2005) and the IOM (Marin-Avellan and Mollard 2011) are beginning to take the high levels of over qualification and deskilling more seriously. In contrast, the issues of concern to migrant women (Kofman 2011b) have been amongst others: 1.

Access to the labour market and the related obstacles they face, such as recognition of qualifications and discrimination. Migrant women are often channeled into a narrow range of jobs, especially domestic work and care, whatever their qualifications. This is particularly the case with recent arrivals. On the whole we know very little about the labour market participation of female family migrants except in instances where the vast majority enter through this route. There is, however, evidence, as previously noted, of deskilling and lack of tailored labour market integration and language courses for more educated women. Dependency upon their spouses for increasingly lengthy periods of time so as to prevent marriages of convenience, i.e., the aptly named probationary period and the difficulties of obtaining and autonomous residence permits. During this period they are reliant on the relationship and may not have recourse to public funds, as in the UK. Although many countries have a let out clause covering domestic violence, it requires the spouse to declare this to a public authority, such as the police or a social worker, which may be difficult for them to do. There are also a decreasing number of places in women’s refuges over periods of recession. Problems of sponsorship and the requisite resources (minimum income and housing) which may be more difficult for women given their higher rates of part-time work and lower wages than men. Many states have increased demands of income and housing

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in the past decade. In Southern Europe the informal work undertaken by women, e.g. domestic work, may rule them out from formal family reunification. Thus, the rate of rejection by sponsors may be higher for women than for men, as Staver (nd) notes for Norway. Suspicion may be raised by certain kinds of marriages between women and migrant men from the Global South, who are thought to be using marriage as an immigration route into the country. Separated children and care arrangements. Although European states recognize family reunification, the lack of resources highlighted above may lead migrants to leave their children behind in the country of origin with, perhaps, only the ability to reunify with some of their children. Restrictions on bringing in parents makes it difficult to call upon them for care and emotional support when they are needed both for everyday assistance or in emergencies.

CONCLUSION Although family migration has begun to receive more attention from policy makers, the attitude towards it has become more negative, even societies long experienced with immigration. Hence, the various measures to restrict and reshape the nature of these flows, which have disproportionate effects upon migrant women. What I have been arguing is that policy makers operate with stereotypical views of migrant women, who are presented as homogeneous groups, unable or unwilling to integrate due to backward and problematic gender relations. The argument for the need to protect migrant women against forced marriages in a number of European states has been at the forefront of initial proposals to impose pre-entry tests and raise the age of marriage for all migrants. This makes forced migration primarily an immigration issue. As a result of these attitudes, policymakers conveniently promulgate a raft of restrictive measures in order to reduce family migration yet do little to respond to the problems raised by migrant women themselves. However, a number of NGOS such as the European Women’s Lobby and the European Action Against Poverty have argued for family migration and integration to be dealt with from a rightsbased perspective due to the recognition of the diversity of family migrants’ backgrounds, cultures, education and skills. In particular, an autonomous status should be granted to spouses and children of the principal right holder as soon as possible so their rights can be protected and they can participate fully in society.

References • • • • •

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Adamson F, Triadafilopoulos T, Zolberg A. (2011) The Limits of the Liberal State: Migration, Identity and Belonging in Europe. Journal of Ethnic and Migration Studies. 37(6): 843-59. Baldassar L, Baldock C, Wilding R. (2007) Families Caring Across Borders: Migration, ageing and caregiving. London: Palgrave. Bryceson D, Vuorela U (eds). (2002) Transnational Families. New European frontiers and global networks. Berg. Charsley K. (2012) Transnational Marriage: New perspectives from Europe and Beyond. Routledge. European Commission. (2011) Green Paper on the right to family reunification of third country nationals living in the European Union. (Directive 2003/86/EC) European Commission. Brussels, 15.11.2011 COM(2011) 735 final. http://eur-lex.europa.eu/ LexUriServ/LexUriServ.do?uri=COM:2011:0735:FIN:EN:PDF Migrants in Europe: A statistical portrait of the first and second generation, 2011 Edition. Eurostat Statistical Books. European Commission. http://epp.eurostat.ec.europa.eu/ cache/ITY_OFFPUB/KS-31-10-539/EN/KS-31-10-539-EN.PDF

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Grillo R (ed). The Family in Question. Immigrant and Ethnic Minorities in Multicultural Europe. Amsterdam. University of Amsterdam Press. Huddleston T. (2011a) Promoting Integration through English and multiculturalism: UK compared to Australia and Canada. Migration Policy Group. http://www.migpolgroup. com/publications_detail.php?id=326 Huddleston T. (2011b) Family Reunion: confronting stereotypes, understanding family life. MPG briefings for the Green Paper on Family Reunion #1. Migration Policy Group. http://www.migpolgroup.org/public/docs/Family_reunion_Confronting_stereotypes_ understanding_family_life_MPG_Briefing_1.pdf Huddleston T. (2011c) Restrictions ‘in name of integration’ separate families in practice. MPG briefings for the Green Paper on Family Reunion # 4. Migration Policy Group. http://www.migpolgroup.org/public/docs/Family_reunion_Confronting_stereotypes_ understanding_family_life_MPG_Briefing_1.pdf Kofman E. (2011a) Gendered perspectives on integration: discourse and measures. Council of European Studies conference. Barcelona, 20-22 June. Kofman E. (2011b) Family Reunion Legislation in Europe: Is it discriminatory for immigrant women? European Network of Migrant Women, Brussels. Kofman E, Meetoo V. (2008) Family migrations’ in International Organization for Migration World Migration 2007: Managing Labour Mobility in the Evolving Global Economy. Chapter 6. IOM, Geneva. Kraler A, Kofman E, Kohli M, and Schmoll C (eds). (2011) Gender, Generations and Family in International Migration. University of Amsterdam Press. Marin-Avellan L, Mollard B. (2011) L’impact psycholsocial du sous-emploi sur la vie des femmes migrantes qualifiées travaillant à Genève. IOM, Geneva. Scholten P, Hollomey C, Kofman E, Lechner C. (2011) Integration from Abroad. WP4 Promoting Policies for Sustainable Integration. European Integration Fund. (I flag this because there are a lot of papers with some of these authors but not all, some of the terms in the title, but not all and this is the closest match—with an author missing, the wrong year, etc.: http://research.icmpd.org/fileadmin/Research-Website/Project_ material/PROSINT/Reports/WP4_CompRep_Final_submitted.pdf ) Slany K, Kontos M, Liapi M (eds.). Women in New Migrations. Current debates in European societies, Jagiellonian University Press. Staver A. (nd) Family reunification policies and diverse family life: a fraught relationship. http://www.cpsa-acsp.ca/papers-2010/Staver.pdf Widmaier S, Dumont JC. (2011) Are recent immigrants different? A new profile of immigrants in the OECD based on DIOC 2005/06. OECD Social, Employment and Migration Working Paper No. 126. Directorate for Employment, Labour and Social Affairs. OECD Publishing. Williams L. (2010) Global Marriage: Cross-Border Marriage Migration in Global Context (Migration, Minorities and Citizenship). Palgrave Macmillan.

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Family, Migration & Dignity Special Issue

Family roles in migration Child Protection Specialist, UNICEF, New York. The paper does not necessarily represent the views of UNICEF.

Susu Thatun Introduction: This paper explores the importance of the family and the role it plays in migration, especially from considering the influence and the impact these dynamics have on the overall well being of the child. In doing so, the paper also takes an opportunistic approach to discussing some untested views about migration, families and children and cautions utilizing them as the basis of policy formulation and programmatic interventions. In the context of migration, decision-making processes are far from linear, and the level of dynamism within the family, including that of the child, are important elements to take into consideration when looking at family roles in migration. Questions that are considered include: Should the child be allowed to or even urged to take on independent migration? Or, should the child be left behind with extended family members while one or both parents migrate? Or, should the migrating parents take the child along on the journey? Whether we look at children impacted by migration or children unaffected by migration, family plays an important role in terms of protecting children from all forms of exploitation and in promoting their wellbeing. Parents or other caregivers are responsible for building a safe, secure and loving home environment. Additionally, schools and communities are also responsible for building a safe and enabling child-friendly environment outside of the childâ&#x20AC;&#x2122;s home. While society must take responsibility for the wellbeing of a child, the family remains the entity with greatest amount, regarding the potential to protect children from harm, provide for their physical and emotional needs, and be in the frontlines to promote the well-being of the child.

http://dx.doi.org/10.5339/ qproc.2013.fmd.18 ÂŠ 2013 Thatun, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Thatun S. Family roles in migration, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.18

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WHAT THE CONVENTION ON THE RIGHTS OF THE CHILD SAYS ABOUT FAMILY The significant role played by the family in the life of a child is acknowledged in article 5 of the Convention on the Rights of the Child (CRC). It requires the States Parties “to respect the responsibilities, rights and duties of parents, or where applicable, the members of the extended family or community, as provided for by local custom (emphasis added by the author), legal guardians, or other persons legally responsible for the child, and to provide, in a manner, consistent with the evolving capacities of the child, appropriate direction and guidance, in the exercise by the child, of the rights, recognized in the present Convention”1. This quote from the CRC, the most widely ratified international human rights instrument, affirms the significant role played by the family in the protection and guidance of a child.

DEFINING THE FAMILY The concept of family is not always understood to mean the same. For example, the demographic approach used in censuses and surveys defines family composition according to those who share living facilities, while the genealogical approach does not take residential locations into account. Legal definitions of families and the communal understanding of families may also differ. In this regard, it is interesting to note that while the CRC does not provide a definition of what “family” is, it recognizes the need to have a broad understanding that includes a wide variety of kinship and community arrangements “as provided for by local custom”. The Committee on the Rights of the Child in its general comment 7 notes that “ ‘family’ […] refers to a variety of arrangements that can provide for young children’s care, nurturance and development, including the nuclear family, the extended family and other traditional and modern communitybased arrangements, provided these are consistent with children’s rights and best interests” 2. In other words, for the purposes of the topic under consideration, it is important to recognize that both the CRC and the committee takes into consideration the need to broaden the scope of the definition of family beyond what is often legally defined to what is culturally and traditionally understood and accepted.

ROLES IN THE FAMILY AND THEIR DYNAMICS ON MIGRATION The paper takes the view that families comprise a number of individuals with different roles—father, mother, children, siblings, grandparents, aunts, uncles and cousins. Depending on the different positions that members occupy (which establish their hierarchical relationships) and their own dynamics within the family, on the one hand, and the society in which it is imbedded, on the other, families play a critical role in influencing its members in the process of migration. Understanding these dynamics is important because they often influence the pattern of migration, i.e., who goes where, when, how and for how long. The same dynamics also apply to the family that stays behind 3 --who stays, who takes on the main care provider role and how the roles of the remaining family members are reconstructed and responsibilities reconfigured. Individual dynamics within the family and the dynamics of the family within the larger community have important implications on the protection and advancement of those affected by migration. At the same time, the more formal elements of society, which include systems and structures, laws and policies (e.g., the child law or guidelines related to the rights of migrant workers), and the less formal structures of the community (e.g., gender- and age-defined roles and practices in the family and societies) interact to influence the decision on migration as well as the level of protection that prevails in the environment.

INEQUALITY OF DECISION MAKING ROLES IN THE FAMILY4 The dynamics within the family often influence those who migrate—when, where, and for what purpose. However, decision-making responsibilities among members of the family differ and are not equally distributed. In fact, they would differ quite considerably, among different roles, with some having more say than others, depending on his or her culturally or economically

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determined role in the family. This may be based on gender or age, or both, as well as marital status or educational standing. While, children and adolescents are noted to exercise their own agency and make independent decision to migrate, in more collective societies, it has been noted that decisions around migration—including who goes, when, where—are likely to be made with the well-being of the family (rather than an individual) in mind. For example, a study by Fleischer (2007) showed the significance of extended family in the decision making process, where it was remarked that “migrants do not necessarily set out to pursue individual goals 5. They are often delegated to leave by an authoritative figure in their extended family. The individual (who may well be a child or an adolescent) is part of an informal reciprocal system of exchange, which is based on trust, social consequences, and duties and responsibilities on both sides”. The interdependent relationship, among the family members especially as it relates to age, may not be equally distributed and has been referred to elsewhere as an “intergenerational contract” (Kabeer 2001) 6. This conceptualization looks at children not just as passive recipients of decisions made on their behalf but participants in the process. This view sees the migration of children not only as a result of dynamic interactions or negotiations within the families but also as an active contribution to the family.

EXTERNAL INFLUENCES ON MIGRATION Across the world, parents as well as siblings and caregivers also leave home when they seek employment. In many cases, the nature of migration is determined by, or at least largely influenced by, the nature of immigration regimes in the migrant’s own country and the destination country as well as the financial capacities and constraints of the migrating person. This also impacts the decision to either migrate with the children or leave them in their home countries with some kind of care arrangement. Considerations about the costs of accommodation and lack of a social or family support network in the country of destination also influence parents’ decisions as to whether or not to take their children on their journey.

IMPACT OF PARENTAL MIGRATION ON CHILDREN7 Given that the family is the first line of defense against violations of various protective rights, and given the central role played by parents as primary care providers, lack of parental care when parents migrate without their children, is assumed to expose them to greater risks and heightened vulnerabilities. This view has been supported by some children who have experienced such family separations as documented in a number of case studies. They have expressed feelings of abandonment, a sense of loneliness, loss, or of being unloved. In addition to these emotions, some of the documented cases of children with absentee parents are found falling behind in schools or dropping out of school; facing alcoholism and drug abuse, and adopting socially undesirable behaviours, including engaging in certain sexual relations often resulting in unwanted teenage pregnancies among others. Serious protection violations and infringement on their rights, such as sexual abuse and exploitation and withdrawal from school to take on the care provider role to younger siblings, are also noted to be prevalent. However, not all children whose parents have migrated experience such dire situations. As one study in the Philippines documented, it is important to note that children do not always feel abandoned. The hardships they may have in their lives because of parental migration are frequently diminished when they receive support from extended families and communities, when they have access to communication with migrant parents and when they have a clear understanding of why the parents have had to migrate without taking them along. When the parental absences are carefully managed through explanation and dialogue with the children well before their parents leave home and reinforced throughout their absence, children are not

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only able to cope with the separation, but they also begin to recognize and positively interpret their parents’ migration as a demonstration of love fueling their capacity to build their resilience around it. That the children are able to conceptually understand why their parents have had to migrate without taking them along and emotionally acknowledge that they are still loved, admittedly, does not necessarily translate into acceptance of the situation or lessen the pain of separation or guarantee that they will not engage in socially undesirable behaviours or result in better achievement of grades at school. Nevertheless, the support from within the extended family, the community and school have a positive impact on the child’s emotional well-being, even if, for numerous other reasons, it fails to translate into positive tangible results. At the same time, there is documentation of positive results—especially in cases when parents are able to send back remittances, providing for higher enrolment rates and rewarding better performance at school—of being able to get better nutrition intake with more time to play and study, because children who have previously had to work to contribute to their family and their own upkeep are no longer required to do so.

OVERGENERALIZATIONS The above shows the importance of not overgeneralising the negative end outcomes or sensationalising the situation of children whose parents have migrated. The repeated references to “left-behind children”, referring basically to those children whose parents have migrated, is detrimental and in many ways stigmatising. Referring to them as such automatically hurls them into victimhood8 .

INCONCLUSIVE FINDINGS Equally important also is to make sure that our partial or context-bound understanding of the situation does not lead to the demonization of parents—in particular mothers—by painting them as selfishly-motivated, materially-driven people, who would not hesitate to abandon their children for their own advancement. It is important to recognise that while there may be “losses” –recognising that some of these loses may well be irreparable (and hence we need to take measures so that they do not happen)—there are also “wins” for children experiencing parental migration. Findings from different regions of the world have not so far yielded any conclusive findings about the impact of parental migration on children. What is clear, however, is that in order for us to respond most efficiently and effectively to the issue of children impacted by migration, analyses of the family situation, its composition, roles and relationships among its members, as well as the community in which the family is embedded, and the larger socioeconomic and political environment has to be undertaken. Only then would we be able to design and implement appropriate interventions to ensure maximum protection of vulnerable children impacted by migration on the one hand and maximization of their resilience and capacity to cope with associated challenges and assist them in realising their full potential.

REASONS WHY CHILDREN MIGRATE As stated earlier, children and adolescents also migrate alone as well as with family. Taking the case of the former, a number of reasons have been documented. Just as adults, children migrate for a number of reasons. They migrate as a result of development that brings roads and bridges closer to home providing them with greater access to better economic as well as educational opportunities that will pave the way for greater social mobility. Other reasons include migrating to join their parents or other family members who have migrated earlier or for the purposes of marriage. However, there are also a number of negative factors that push children to migrate, such as family breakdowns, civil and political unrest, natural disasters and lack of viable economic opportunities. While there are many positive reasons for migration, there are also times when migration is undertaken as a survival strategy, a coping mechanism,

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a reactive response to deal with challenges of life, such as a death of a family member, abuse at home or problems related to economic necessity.

FAMILY AS THE FIRST LINE OF DEFENCE—OR IS IT? Earlier discussions have mentioned the role of the family as the first line of defense, or protection, for children, with parents or care givers described as the primary duty bearers responsible for ensuring a safe, secure and a loving home environment. There is a general recognition of the family as having the greatest responsibility as well as the potential to protect children from harm as well as provide for their physical and emotional safety and stand at the frontlines to promote their wellbeing. However, studies have shown that violence against children has been committed by the very people that they love and trust and in places where the children ought to feel safe and protected, i.e., in the sanctity of their own homes. The most authoritative study conducted is the 2006 UN Secretary General Study on Violence against Children9 noted the home and the family as the one of the five places where violence occurs, with the perpetrators identified as being parents and other family members. The study noted various types of violence committed against children which include amongst others, harsh verbal abuse, psychological abuse, physical and sexual abuse as well as deliberate neglect. Additionally, it is noted that harmful traditional practices have also been imposed on children at an early age, such as that of child marriage by family and/or community leaders. Documentation of young girl children running away from such marriages have been noted. As such, when looking at reasons for child migration, we cannot overlook the avoidable push factor of abuse and violence that occurs in the family, which pushes children to leave home and migrate.

CONCLUSION In summary, this paper on the role of the family in migration, focusing on children, has looked towards highlighting a number of thoughts and concepts around family and migration and encourages policy-makers to keep them in mind when developing interventions around family and migration. Amongst others, the paper advocates for: • The recognition of the dynamic nature of the decision making process within the family and the broader socio-economic context • The recognition of diverse interpretations of families that go beyond the legal and take into account socio-cultural and traditional factors • Recognition of inconclusive findings related to the impact of parental migration on children • The need to recognize that the triggers of migration are not always negative • The tendency to avoid overgeneralization and sensationalization of children whose parents have migrated as “victims” or those who have been “left behind” as if abandoned • Moving away from demonization of parents who migrate without their children • The recognition that, while family are the first line of defense for the child, they can also be a place where violence against the child is committed

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Endnotes: 1. 2. 3.

4. 5. 6. 7.

8. 9.

http://www2.ohchr.org/english/law/crc.htm Committee on the Rights of the Child, General Comment No.7, 2005, CRC/C/GC/7/ Rev.1,para 15) The term children left behind or families left behind is avoided in this paper as the term can be as interpreted as those who missed out on the opportunity to migrate or either as those who could not be brought along and were somehow abandoned (Yeoh 2007). See Whitehead, A., I.M. Hashim, and V. Iversen, Child Migration, Child Agency and Intergeneration Relations, Brighton: University of Sussex, 2007. Fleischer, A. Family, obligations, and migration: The role of kinship in Cameroonâ&#x20AC;&#x2122; in Demographic Research. Vol. 16: 413-440. 2007. Kabeer, N. The power to choose: Bangladeshi women and labour market decisions in London and Dhaka. Dhaka: University Press Limited, 2001. UNICEF, The Impact of International Migration: Children left behind in selected countries of Latin America and the Caribbean, New York, 2007; UNICEF Regional Office of CEE/CIS, Impact of migration on children in the CEE/CIS countries, A Discussion Paper, Issue No. 5. 2006. Ibid http://www.unviolencestudy.org/

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Women international migration from the Maghreb: Dimensions and impacts United Nations Population Fund (UNFPA), Arab States Regional Office, Cairo.

Mostafa Kharoufi ABSTRACT For a long time, women have remained invisible in studies on migration in the Maghreb countries. Their socio-economic contributions and unique experiences have not been taken into account by researchers. In the 1960s and 1970s migration studies often assumed that most migrants were males, and that women were always present in migratory flows as spouses, daughters and dependents of male migrants. Consequently, migration was portrayed as purely a male phenomenon, despite the fact that mobility of women affects the roles of both female and male migrants when considering the families left behind in the migration process. Despite the fact that migration responds to and impacts capital, labour, culture, identities, the family and citizenship in sending and receiving countries, statistics on female migrationâ&#x20AC;&#x201D;both internal and internationalâ&#x20AC;&#x201D;are notoriously poor. This lack of information and data on women migration is not only the case in Maghreb countries. As a matter of fact, it is only recently that the international community has begun to grasp the significance of what migrant women have to offer, even though women constitute almost half of all international migrants worldwide, despite contributions to poverty reduction and struggling economies1 . This paper is dealing with women international migration, its trends, dimensions, characteristics and effects in Maghreb countries (Tunisia, Algeria and Morocco), which constitute probably one of the most remarkable geographical regions of the world with respect to labour migration movements.

http://dx.doi.org/10.5339/ qproc.2013.fmd.21 ÂŠ 2013 Kharoufi, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Kharoufi M. Women international migration from the Maghreb: Dimensions and impacts, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http:// dx.doi.org/10.5339/qproc.2013.fmd.21

2 of 8 pages Kharoufi, QScience Proceedings 2013.fmd.21

INTRODUCTION WOMEN FROM MAGHREB IN INTERNATIONAL MIGRATION During the large labor movements of the 60s and 70s in Europe, international migration was predominantly a male phenomenon. Women and children were essentially following in secondary waves of family reunification in the 1970s and 1980s. Since this period, predominantly Maghreb migrants have instead entered the European Union through family formation and increasingly as irregular migrants. Family reunification, has served also as a side door for labor migration. In particular, the opening of opportunities in both the domestic help sector and in agriculture activities has attracted many female migrants, particularly to Spain and Italy. By the 1990s, women were migrating in far higher numbers, both as family members and independently, voluntarily or involuntarily. This has certainly been the case of Maghreb women (particularly Moroccans), to the South of Europe (Italy and Spain) and to the Gulf countries. As employment opportunities have opened up in service sectors—e.g., domestic work, nursing and other informal branches—in Europe, Middle East, these have become female migrant niches for women from poorer regions in Maghreb. At the internal level, these have offered an important opportunity to reduce the risks that subsistence agriculture poses on many poor families. This feminization of migration has had important impacts on both North Africa and Europe. In Spain, for example, the availability of predominantly female domestic helpers has led to an increase in female labor market participation and growth. Consequently, there was an increase of migrant women during the last five decades noticed in Europe while it has been stable between 1960s and 1980s. The increase in female migration has several explanations, among them the transglobalization of economies, which has created a labour demand in low-paying service sectors of developed economies. In many developed countries, the combination of demographic change, growing participation of women in the workforce and reduced social services for child and aged care has led to a dependency by rich countries on the care offered by people from poor countries. Many women from Tunisia and Morocco, for example, migrate as “servants of globalization”, going abroad in order to serve families of a higher social status, while they pass their own family caring role to other family members or less-privileged women in their countries of origin.

PATTERNS AND TRENDS OF WOMEN MIGRATING INTERNATIONALLY FROM MAGHREB Labor migration has played a central role in shaping the social and economic development of Tunisia, Algeria and Morocco. As a matter of fact, while there are larger migrant sending regions in the world, worker remittances to North Africa are among the highest. Despite more restrictive migration policy over the past two decades, the scope of migration from the combined North African countries remains impressive. These countries have had a consistent policy of maximizing emigration in order to manage unemployment levels, acquiring hard currency through remittances and raising skill levels through returning migrants. In all three countries, unemployment is high and long-term and increasingly affects women, while a growing number of the jobless are better educated. The studies demonstrate that the ensuing pressure on the labour market naturally drives people to emigrate. Two key findings emerged from a Moroccan research. Firstly, the tendency to emigrate rises with age, with 15% of those in primary school and 82% of those in secondary school stating that they wish to leave their country. Secondly, the inactive and the unemployed are not the only ones contemplating emigration—almost 64% of those surveyed in a region in the northwest of Morocco wished to leave in search of better working conditions. The study also shows that less than a third (29%)

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planned to take the legal route. These statistics demonstrate how strong the urge to leave is, despite the risks involved. They also hint at the scale of illegal immigration2. In Maghreb countries, three major trends have affected migration patterns: 1. The surge of youthful workers entering the labour market 2. The change in gender balance of workers 3. he higher levels of educational attainment among the working-age population Women migration in Maghreb countries can be attributed to the following main factors: a) limited domestic economic growth and improvements in human development over recent decades b) inequality, and c) globalization of economies which created a labor demand in low paying service sectors of European economies and have coincided with high unemployment, causing a massive and continuous flux of migration. Moreover, two corollary trends are identified by researchers: expanded educational opportunities for women and increased female employment. Specifically, the competition around employment has increased, because migration has fundamentally altered the role of women and education in the Maghreb societies.

CHARACTERISTICS OF WOMEN MIGRATING INTERNATIONALLY FROM MAGHREB Throughout history, Morocco, Algeria, and Tunisia have experienced various forms of migrationâ&#x20AC;&#x201D;internal and external, voluntary and forced, individual and collective, and legal and illegal. The 1950s were characterized by a great demand for North African workers in Western Europe. Because they were badly needed and small in number, these workers were appreciated and protected. By contrast, today, the situation has completely changed, following new legal restrictions on migration and the considerable importance of illegal migration. Meanwhile, the profile of North African migrants to Europe has changed. Their educational level is higher than was that of their predecessors while the percentage of those who are illiterate is much lower. Correspondingly, the number of skilled workers and professionals among these migrants has increased3 . Figure 1 shows the distribution of the principal reasons of migration by sex. It shows clearly that, in general, men migrate for economic reasons (looking for better job opportunities, improvement of standard of living). More than three quarters of the men made an economic migration, against only 22% among women. The latter migrated mainly for family reasons, to marry, to join their family members (49%). Thus, their migration is dependent on their family4.

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Figure 1. Migration reasons by sex. Ibtihel Bouchoucha, et al. Migration Decision in the Maghreb. 2009.

Country of origin

Male migrants

Female migrants

Algeria

805.809

355.880

44.2

Morocco

2.088.942

886.425

42.4

Tunisia

362.071

141.107

39.0

Figure 2. Women migration to 9 European countries Ageing of women migrants is reflected in three major generations: â&#x20AC;˘ First generation: non-working and retired women â&#x20AC;˘ Second generation: more active women between 30 and 64 years â&#x20AC;˘ Third generation: migration of younger girls from 0-18 years has increased as a result of the continuous flow of women and regrouping of families in the 70s and 80s

Age Structure

Algeria

Morocco

0-19

9.6

28.04

20-39

24.97

28.45

40-64

48.72

38.69

65+

16.69

4.8

Figure 3. Demographic characteristics of women migrants Europe is considered the main destination of women migrants from Maghreb countries, where 50% of Algerian women migrants go to France and Belgium while Holland, United Kingdom and Italy only receive 30% of those migrant women. On the other hand, Tunisian migrant women to France are around 42% due to the historical and cultural ties. Migration of Tunisian women to Italy has increased during the three last decades. The situation of Moroccan migrant women is slightly different because of the new trend in migration shifting from traditional receiving countries like France, Belgium, Holland and Germany, to Spain and Italy, where their numbers

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have remarkably increased. The number of Moroccan women migrants to Spain reached 253,662 recently, which is very close to those living in France: 293,000. Women migrants from Maghreb are generally located in sectors of the labour market (such as the service sector) that display high levels of insecurity and instability, and that primarily involve low-paid, low-status jobs. Notably, many women who occupy un-skilled jobs have high levels of education as well as professional backgrounds, which means that incidence of de-skilling is high, in both formal and informal labour markets. In many European countries, women migrants find opportunities mostly within domestic services, agriculture, tourism and the informal sector. In Spain, for example, approximately 50% of annual immigrant quotas are allocated for domestic workers. Enduring long hours without overtime payment and the absence of other rights, such women workers also do not benefit from freedom of association, even when it is legally permitted or encouraged in the destination country. Those who are recruited as domestic workers or those who are unauthorized workers in the country of destination are particularly vulnerable. Depending on the receiving country, they may have no protection or recourse in case of abuse. Migrant women are also affected by gender inequality in the society of destination. Labour market segmentation based on gender and the segregation of women in traditionally female occupations (nursing, secretarial work, garment industry work, etc.) means that migrant women are often paid less than migrant men. Thus, earning inequality between migrant women and migrant men persists in countries of destination. In fact, when migrants start small businesses in the country of destination, female family members may work and support without remuneration in response to norms and practices that undervalue their contributions.

IMPLICATIONS OF INTERNATIONAL WOMEN MIGRATION FROM MAGHREB At the internal level, this migration has offered an important opportunity to reduce the risks that the informal sector and subsistence agriculture pose for many poor families. Export strategies and the determination to develop activities for which the Maghreb countries have comparative advantages at the international level encourages the development of intensive labour activities in the manufacturing sector. This sector—especially regarding textiles, food processing and electrical and electronic components—is very prone to have recourse to female labour. In Tunisia, for example, the rapid increase in the number of women in employment must be attributed to the development of the textile industry. Women’s activity might therefore increase at a faster rate than expected in the very likely event of international specialization based on the development of these activities5 . However, the trend to migrate is increasing due to limited domestic economic growth, inequality, and globalization of economies. This migration has untold effects on children and family, including mental and physical health problems. Simultaneous to this migration, there was an important degree of mobility of highly skilled professionals—women and men—noticed during the last three decades, especially from Morocco and Algeria. There are no available statistics on the large numbers who have left for the USA, Canada, Germany and France. The reasons for the exodus of professionals are not only pay-related, but also reflect general labour market and social conditions, such as lack of career opportunities and job satisfaction.

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The impact of women migration takes several social aspects as follows: • When migrant women participate in the labor market of the receiving society, they tend to gain independence and autonomy, leading to a change in gender relations within their families. • Research shows also that, despite their relative integration within the receiving countries, women migrants from Maghreb are still facing gender inequality. They are also suffering from labour market segmentation based on gender and the segregation in traditionally female occupations (nursing, secretarial work, garment industry work, etc.). • There are still persistent difficulties facing the integration of women migrants in the European society since they find themselves in awkward situations related to acquiring the nationality of the receiving countries. • Women migrants living in European countries are tied to personal status laws of their original countries while they are subject to different laws of the receiving countries, which makes it hard for them to integrate and adapt within the new systems. • Some research and reports indicate that some of these women are subject to trafficking. They are considered to be the most vulnerable of all migrants as the process of trafficking involves exploitation, coercion and the abuse of power. The phenomenon of trafficking emerged not only in relation to sex work but also other kinds of employment, for instance work in restaurants and the food processing industries. Research showed that many migrant women do not have papers or contracts, which means that they have no place to go for protection, nor for services such as health care. • Around 120,000 women and children are being trafficked into Western Europe each year (European Commission, March 2001). In 2000, a report on trafficking in the EU commented that while the overall number of victims trafficked in the EU is still unknown and only estimates are available, “what is clear is the fact that the number of victims is much higher than the official statistics from investigated cases in member states”. • The trafficking of women and girls for prostitution and forced labour is one of the growing areas of international criminal activity in Maghreb countries among subsaharian migrants who are transiting to Europe, or nationals who migrate through clandestine criminal networks which are using legal channels open for migration as well as the provision of better employment opportunities abroad. • Migrant women also often lack access to social benefits (e.g. pensions), and might face poverty at old age. A further complication is that many migrant women doing domestic work are not protected, for example regarding domestic violence, as the ‘home’ by law is not seen as an official workplace so much as a private area. • This migration is resulting from poverty, even though it is not always the poorest who migrate, because of the costs involved. It affects women and children as well as the families left behind in origin and destination locations. At the same time, female migration can indirectly help alleviate poverty by raising the productivity, education and health of the females and their families, all key to reducing inequality and poverty in the home. • In some receiving countries, repressive policies aiming at combating irregular migration and work have serious negative impacts on the social situation of these women, even though the implementation of these policies is selective. For example, irregular migrant women in domestic and care work seem to be tolerated by the authorities implementing these policies, while others, especially those in the sex industry, are confronted with rigid controls and expulsion. • Many migrant women leave on their own initiative and do not go through official organizations or networks. This makes it very difficult to provide these migrant workers with support.

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CONCLUSION There is growing evidence that women migrants from Maghreb are playing a crucial role both in steering and using remittances towards poverty reduction. There is also more evidence that this migration is effecting empowerment of women by increasing offers to education and job opportunities that may not be available, or be denied them, at home. Also, in the process of international migration, women from Maghreb do often move away from traditional, patriarchal authority to situations in which they can exercise greater autonomy over their own lives. When women from traditional societies migrate to advanced industrial societies, they become familiar with new norms regarding women’s rights and opportunities. If they take outside employment, they may have access to financial resources that had never before compensated their labor. When women become migrant workers or participate in the labour market of the receiving society, they tend to gain independence and autonomy, leading to a change in gender relations within their families. Gains of that nature, at the household level, may, however, not necessarily extend to other spheres of a woman’s life, such as the place of employment or within her community of origin at large. This does not mean that migration cannot reinforce traditional gender roles—which is particularly the case when women are expected to preserve cultural and religious norms that appear to be under attack. Immigration rules can also reinforce traditional roles. However, despite the fact that migration is influencing gender roles by reinforcing women’s status, it shows some pending deficits: • A clear demarcations and separate niches for male and female labour. Male migrants tend to be concentrated in the production and construction sectors and to a much lesser extent in service activities. Female migrants, by contrast, are dominantly found to be working in specific service environments—in the domestic work and care sectors, as well as in entertainment work. • This emphasis on informal and care activities makes women migrants less able to ensure for themselves much of the legal protection of workers that would otherwise prevail in the destination area. Such work, especially domestic work, is often excluded from the legal framework surrounding work contracts. Thus, this work does not come with legally enforceable contracts that protect the workers and so allows for exploitative work conditions involving long hours without overtime payment, absence of other rights and so on. Such women workers typically also do not benefit from freedom of association, even when it is legally permitted or encouraged in the destination country, and therefore do not have many of the rights that collective action by workers and trade unions would try to provide workers. • Many women who migrate find themselves at risk of trafficking and exploitation, facing the double problem of being female and foreign. In addition, it is important to keep in mind that gender does not operate in isolation from race, ethnicity, and religion. Since many migrant women differ from the host population in these respects, they may face additional discrimination. • Because many migrant women obtain legal residency status through family reunification or formation, their ability to exercise rights may be limited by their spouse’s willingness to support their immigration claims. Migrant women who are victims of spousal abuse, for example, may be unwilling to leave the abuser if he controls access to legal status. In recognition that immigration laws can make women and their children vulnerable, some countries have legislation permitting abused women to petition on their own for legal status.

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Endnotes 1. 2. 3. 4. 5.

UNFPA. State of the World Population. A Passage to hope: Women and International Migration, UNFPA, 2006 Mohamed Saïb Musette and others, Summary report on migration and development in Central Maghreb, International Labour Organization, 2006. Middle East Institute Viewpoints, Migration a 4nd the Maghreb, The Middle East Institute, Washington DC, 2010 Ibtihel Bouchoucha and others, The Effect of Socio-economic and Educational Characteristics on Migration Decision in the Maghreb, Université Paris, 2009 Donatella Giubilaro, Migration from the Maghreb and Migration Pressures: Current Situation and Future Prospects, International Labour Organization, 1997.

REFERENCES •

•

Donatella Giubilaro, Migration from the Maghreb and Migration Pressures: Current Situation and Future Prospects, International Labour Organization, 1997. http://www.ilo. org/public/english/protection/migrant/download/imp/imp15e.pdf Ibtihel Bouchoucha and others, The Effect of Socio-economic and Educational Characteristics on Migration Decision in the Maghreb, Université Paris, 2009. http://www. giovaniesocieta.unibo.it/paper/1c/bouchoucha.pdf Kantos Maria, Integration of female immigrants in labour market and society. A comparative analysis, Institute of Social Research of the Goethe University Frankfurt Am Mam, September, 2009. http://mpra.ub.uni-muenchen.de/19181/1/MPRA_paper_19181.pdf Middle East Institute Viewpoints, Migration a 4 nd the Maghreb, The Middle East Institute, Washington DC, 2010 http://www.mei.edu/sites/default/files/publications/ Migration%20Maghreb.pdf Mohamed Saïb Musette and others, Summary report on migration and development in Central Maghreb, International Labour Organization, 2006. http://www.ilo.org/public/ english/protection/migrant/download/imp/imp78.pdf Susan Forbes Martin, Women and Immigration, United Nations Division for the Advancement of Women (DAW), 2004. http://www.un.org/womenwatch/daw/meetings/ consult/CM-Dec03-WP1.pdf UNFPA . State of the World Population. A Passage to hope: Women and International Migration, UNFPA, 2006

O PE N ACCE SS

Family, Migration & Dignity Special Issue

The gender-migration-employment nexus Arnold Bergstraesser Institute, Freiburg University, Germany

Nicola Piper ABSTRACT This paper discusses how migration impacts families—from the specific perspective of gender in the context of employment. I shall give particular attention to those migrants who end up working in low-skilled, low-paid jobs in destination countries. Gender is treated here as a relational concept, comparing not only male migrants to female migrants, but exploring relations between generations (parents, children, grandparents), employer and worker, based on socially constructed understandings of specific roles and patterns of behavior according to sex, generational standing and socio-economic status. When a gender dimension is incorporated into the analysis, it also brings to the fore the social dimensions of the issues under debate. I start this paper by outlining the main analytical framework used for the analysis of the issue of gendered labour migration, which is based on establishing a link between three feminisations—of poverty, work and migration—thus addressing the causes and consequences of migration, posing the question of what the implications of the three feminisations are for gender and family relations more broadly (dealt with in section II). The final section outlines the main rights issues and makes suggestions for policy intervention.

http://dx.doi.org/10.5339/ qproc.2013.fmd.15 © 2013 Piper, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Piper N. The gender-migration-employment nexus, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.15

2 of 9 pages Piper, QScience Proceedings 2013.fmd.15

INTRODUCTION: FEMINISATION OF POVERTY, WORK AND MIGRATION The feminisation of migration has become a widely recognized phenomenon, which has been highlighted by United Nations (UN) agencies and the global policy-making community (UNFPA 2006; UNRISD 2005; UN 2004; ILO 2004). This type of feminisation of migration is related to the feminisation of work and poverty, i.e., it is a phenomenon that characterizes the causes and consequences of migration. The feminisation of work is related to two broad trends. On the one hand, more women obtain higher education and enter the labour market in greater numbers (which is partly down to the successes of the international women’s movement and hugely improved equality between the genders). On the other hand, the increasing informalisation, casualisation and precariousness of work has pulled more women into the labour market (Standing 1989, Sassen 2000), with men being unable to earn a family wage and shrinking employment opportunities in traditionally male dominated sectors at home and abroad. Resulting from the latter scenario, feminisation has also become the key feature of poverty, especially in the specific definition provided by Sylvia Chant (2008) which refers to the increased burden placed upon women in securing families’ livelihoods and economic survival, i.e., ‘managing poverty’ is increasingly becoming a woman’s job. The rising numbers of paid domestic workers filling the care gaps left by middle class women1 who have moved into fulltime employment, together with other gendered job opportunities having opened up, have led to the feminisation of migration both internally and internationally. Since the 1980s, academic studies on contemporary flows of migration have increasingly acknowledged and highlighted a wide range of issues related to the rising numbers of women involved in all migration streams. This has led commentators to coin the phrase ‘feminisation of migration’. The feminisation of migration from certain countries is often an indicator for rising male un- or under-employment in the origin communities and also overseas related to changing demand structures with regard to types of jobs, changing labour markets due to restructuring of economies, social dumping and the lowering of labour standards (Sassen 2003). Furthermore, the feminisation of work and migration is also a signifier of specific economic development processes, such as export-led industrialisation and/or enhanced investment in certain industries such as tourism (Oishi 2005).

Global division of labour, gender and (internal and international) migration The gendered division of labour is predicated upon gender-segregated labour markets, with men being the dominant workforce in certain sectors and women in others (differentiations between sectors). But this division also pertains to different tasks being carried out by workers of different genders within the same sector. In agriculture and manufacturing, for example, women are typically designated to do jobs that require ‘nimble fingers’ (Elson and Pearson 1981) whereas men usually occupy middle and upper managerial positions (Dias and Wanasundera 2002). In this latter context, Wright (2006) has argued that what is actually happening is a mythical construction of female labour as ‘disposable’ (read: unskilled). This in turn allows managers to use female workers as skilled labour without changing their ‘unskilled’ status within the division of labour at production sites, and, as a result, avoiding the necessity of raising women’s wages accordingly. More women who are not married migrate to urban areas where they fill jobs typically given to young, single women as domestic workers in households or in factories (especially textile) such as those located in export processing zones. The race to the bottom that characterizes the global production and supply chains drives the wages so much down that it is ultimately a young female or migrant workforce (often combined) that is relegated to perform the lowest paid work in small and medium-sized factories at the bottom end of these chains. At the lower-skilled end, many migrant workers end up working in a narrow range of sectors, especially in agriculture, construction and food packaging/processing, as has been

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well-documented in the case of the UK for instance (Markova and Black, 2007; TLWG, 2007; TUC, 2007). Migrant workers have come to provide up to 80% of the agricultural labour force in some countries or regions (IUF 2008). An increasing number of employers in agriculture and food processing industries are employing women rather than men, and some 70% of all child labour in the world takes place in agriculture. The age of 16 is the actual minimum age set for farm jobs, while the age of 18 is set for employment in agriculture in dangerous jobs. Despite this, some 132 million 5 to 14 year-olds are believed to be employed in agriculture around the world (IUF 2008:6). They are exposed to dangerous work and toxic pesticides. Domestic work has proven to be an increasingly important sector all over the world and thus a vital employment opportunity for newly arrived women in Europe, North America, Asia and elsewhere. Migrant workers’ location within specific sectors of the (formal or informal) labour market, and the often temporary nature of their migration status, usually produce a number of legal and economic constraints. With female-dominated domestic work and maledominated agricultural work being subject to rigid migration control exercised by both origin and destination countries, work in both sectors can be said to constitute a form of unfree labour, as argued by Tanya Basok (1999) in the context of Mexican agricultural workers in Canada, and Leah Briones (2009) in the context of Filipino domestic workers in Asia and Europe. Foreign agricultural workers are often brought to northern countries under seasonal migration schemes, due to the seasonal nature of this sector and the reluctance of home-state workers to perform the kinds of low-paid and erratic work involved. In Australia, this type of seasonal work is to a large extent performed by young people who take advantage of the ‘working holiday visa’ during their ‘gap year’ (Khoo et al. 2008). Elsewhere, many more migrants who work in agriculture are undocumented (Martin 2006). As more women migrate, more children—boys and girls—travel with them and in this event often become part of the workforce. In Africa, children from Mali and Burkina Faso work in Cote d’Ivoire, a country which produces about 40% of the world’s cocoa. In the US, over 300,000 children work as hired labourers on commercial farms. Nearly three-quarters of them are Hispanic, including migrants from Mexico. Employers use and abuse the labour of children rather than pay a decent wage to adult workers. Migrant children have often little or no access to education (IUF 2008, ILO 2002). In this sense, the feminisation of migration is also linked to child migration and child migrant labour. In addition to seasonal migrant worker schemes, poverty enters the picture in terms of governance (that is, management) via economic partnership agreements (EPAs), popular with the EU and Japan, and the effect they have on sending countries. The EU Commission, for instance, is pushing the ACP (African, Caribbean, Pacific) countries into signing such agreements. Women in developing countries are said to be particularly affected by EPAs as it is ‘they who mainly work in the agricultural sectors, e.g. as poultry and vegetable farmers, which will be most adversely affected by trade liberalisation and the EPAs’ (Groth 2008: 4). Similar to this, it has also been shown that regional trade agreements like NAFTA have had no effect on reducing the economic hardships which constitute the main push factor for migration from Mexico to the US. The effects of such agreements are therefore related to the feminisation of poverty by being linked to the feminisation of agriculture2, when men are ‘forced’ into migration to industrial cities or abroad, leaving women behind as heads of households, while the main people work the fields. China is a case in point (Jacka 2008, Solinger 1999). As part of China’s efforts to develop a globalised market economy, increased rural-urban migration has taken place. From the mid1980s rural incomes began to stagnate and, as a result, rural/urban income inequalities increased markedly, pushing larger numbers of rural people to move to urban centers where they were welcomed by employers of domestic and foreign-owned companies as cheap, flexible and

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unskilled labour. Broken down by gender, roughly two-thirds of all rural-to-urban migrants in China are said to be men, but sex ratios vary quite significantly from one region to another. In the Pearl River Delta region, for instance, young rural women are reported to make up 65 to 70 per cent of the labour force, being the type of worker favoured by the transnational clothing, textile, toy, electronics and other labour-intensive manufacturing companies. Migrant women are found to be younger and more likely to be single than men. They also tend to be less educated than rural migrant men, partly due to their lower average age and partly to gender inequalities in education attainment across rural China (Jacka 2008). New and more desirable off-farm work leaves many women behind to take care of farms, a trend which has resulted in the ‘feminisation of agriculture ’. Today across China a higher proportion of women than men are agricultural labourers. When women are left behind, they typically experience an increased workload, particularly in poor households in which women can neither afford to hire labour to help with farm work nor let their farmland go unfarmed. To cope with labour shortages on the farm, it is commonly girls who are withdrawn from school rather than boys. The ‘reversed’ form of the gender division of labour, with the wife becoming the migrant worker and her husband taking care of farm and domestic work, is rare and considered the very last resort (Jacka 2008). In Sri Lanka, by contrast, women’s participation in agriculture has declined and, as a result, women’s out-migration has been on the increase (IOM 2005). All of this indicates the increasing burden placed upon many women in their role as principal migrant or left-behind adult. Moreover, migration as a route to socioeconomic betterment is also increasingly exposed as a myth, especially in the case of the majority of migrants who are less skilled (Piper 2008). According to Tamara Jacka (2008), for instance, the 1999 household survey taken in Sichuan and Anhui revealed that 75 per cent of returned migrant women and 63 per cent of male returnees worked primarily in agriculture post-return. The temporary or seasonal migration schemes, thus, have clear limitations with regard to allowing migrants to develop either ‘here’ (destination) and/or ‘there’ (origin).

Gendered migration and family relations—care work and agricultural work In the absence of family unification policies or in the case of temporary contract migration (which is experiencing a revival in much of the developed world), children are usually left behind by one or both migrating parents. The feminisation of migration then means that it is the mother who migrates (often to engage in paid domestic work), often leaving the oldest daughter or other female members of the family in charge of household responsibilities and the (unpaid) caring for siblings and the elderly (IOM 2008). In some cases, this leads to daughters being withdrawn from full-time education in order to take care of household chores and the rearing of their siblings. With regard to the academic literature, migration studies have largely viewed children as accompanying their migrating parents or as being left behind by one or both migrant parents, thus conceptualising migration largely as an adult enterprise. Those two scenarios raise important issues in their own right but the different implications for girls and boys are unknown. Even less is known about the third category of children (unaccompanied) who remain largely misunderstood. The significant numbers of migrant children moving alone are mostly adolescents but a distinction has to be made between internal, cross-border and international migration. Independently migrating children are typically assumed to be trafficked. The trafficking lens focuses almost exclusively on women and girls in the sex trade although there are other forms of trafficking along the ILO’s ‘forced labour’ framework and other migration channels or scenarios which involve significant numbers of young women and children. As for migrant girls specifically, domestic service has globally become the main economic activity for those under 16 years, more than any other form of work. In an international migration context, however, foreign household workers are assumed to be somewhat older. Many countries have implemented minimum age requirements ranging from 20 to 25. This notwithstanding, there

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is anecdotal evidence of faked birth certificates or faked work permits to allow officially underaged young women to migrate for household work. Having less education and less experience leaves under-aged women more vulnerable to exploitative practices. To my knowledge, there are no academic studies which have investigated different age groups among migrant household workers. Household work abroad has become the dominant channel for legal economic migration for women. According to data from UNICEF (2007), child domestic workers in South Asia are very often migrants. Those who migrate abroad are typically young, single women, but married women who leave their children and husbands behind are also among them in considerable numbers. There is an increasing body of academic literature on ‘transnational motherhood’ or ‘absentee motherhood’ discussing the impact of international migration on both the migrant mother and her children left behind. Findings are mixed but generally point to children of migrants doing better in terms of the material indicators and in terms of academic performance compared to the children of non-migrants. However, the children of migrant mothers are found not to do as well in school and were more likely to say that they were lonely than other children3 . An unknown factor in the assessment of the effects on children of an absent parent is gender, i.e., possible differences by gender. In terms of academic studies, household work has been subject to debates on ‘global care chains’ and ‘care regimes’. The concept of ‘global care chains’ is defined as ‘a series of personal links between people across the globe based on the paid or unpaid work or caring’ (Kofman and Raghuram 2007). Girls and women have been incorporated into both formal and informal labour markets as paid and unpaid caregivers. This demand is increasingly met by female (international) migrants in middle-income and high-income countries all over the world. In other words, girls and women migrate not only to work as domestic helpers but also as nursing aides and registered nurses in a variety of establishments (private and public institutions as well as private households). The mobility of these girls and women leaves care gaps to be filled in areas they leave behind. Young children are among the care recipients. Older children might fill gaps left by their mothers. The analytical focus in this literature, however, is more on gender rather than childhood. Children appear here mostly as care recipients, and there is still very little knowledge on older girls taking over the role as caregivers and the impact on their own social development, especially in the context of the prolonged absence of mothers. Because of the time-limited nature of their contracts (as foreign domestic work typically falls under ‘temporary migration schemes’), many migrants, such as in Asia, re-migrate in order to remain in overseas employment. A considerable number of women working as domestic workers manage to obtain extensions on their contracts with the result of some spending many years, if not decades, abroad. In the absence of family reunification policies for this type of migrant—or increasing barriers where they existed (such as in Europe)—migrant families become what has been termed ‘transnationally split households’, either with one parent working abroad or both but in different countries. Also, the initial idea about working abroad for a couple of years often changes when family projects become more ambitious over time and when the caring for own children turns into caring for grandchildren’s needs when migrants’ own children are still in a financially unstable situation. The long-term implications of these generational dynamics are unknown. One of the main foci within the literature on migration and development (and also one of the main interests within the policymaking world) is the issue of remittances. There is also evidence of women using parts of their remittances to pay for care services to elderly and children left behind in a context where public services are non-existent. These paid carers are often family members—an aunt, cousin, grandmother. The significance of remittances for social reproduction, however, is neither fully acknowledged nor understood (Kofman 2006).

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Gendered analyses of the remittance issues have further argued that gender affects the volume of remittances, with women sending more than men, but this very much depends on other elements such as migrants’ marital status and migration status as well as age (UN 2004). Temporary migration seems to result in higher flows of remittances than permanent migration (especially if the latter involves family reunification) and lower skilled migrants tend to generate more remittances than the highly-skilled, whose numbers are smaller and who tend to migrate with their entire families (Ramamurthy 2003). As women and girls tend to participate in larger numbers in temporary and lower skilled migration flows, their capacity to remit is linked to their lower earnings and, thus, tends to be less than that of the average male migrant in absolute figures. What remains unexplored is the effect sending remittances has on the (female and male) migrant, particularly his/her own personal development. In this sense, remittance research would benefit from taking a ‘resource flow’ perspective, that is, looking at outgoing resources sent by migrants combined with their resource needs and the gendered differences thereof. This is also an important issue in terms of acquisition of skills while working abroad. Many women are stuck in jobs where there are hardly any prospects for skill improvement, such as household work. Moreover, temporary contract schemes mean being tied to one specific employer in one specific area of employment so that ‘moving out’ (sideways or upwards) is legally not possible and renders the household workers highly vulnerable to abusive employers. Another problem for young migrant women is that they often have aboveaverage levels of education and qualifications but opt for lower-skilled work overseas because it is the only legal channel available. Being unable to switch to a different type of employment, they are subject to ‘de-skilling’ or ‘brain waste’ (Piper 2008). The acquisition of skills in the country of origin as correlated to the issue of international migration is largely under-explored. Investing time and resources in training young women in order to provide them with employment opportunities overseas, as evident from the case of the Philippines—thereby empowering them but at the same time reducing them to a ‘commodity for export’—raises the intersection of two policy areas: education and migration. It also contributes, experientially, to the MDG strategies adopted by certain governments to address the gendered nature of education and skills development and the extent to which policymakers take demand factors in international labour markets into consideration.

Labour rights and areas for policy intervention One of the biggest problems for migrant women and girls is that household work is not recognized by national employment laws as ‘proper’ work (and often explicitly excluded). In this context, the United Nations Development Fund for Women (UNIFEM) in Bangkok has become pro-active over recent years and pressurized Jordan—a major destination country for household workers mainly from other Asian countries—to regulate the employment conditions of household workers. Some progress has been made towards this with the implementation of the ‘Special Working Contract for Non-Jordanian Domestic Workers’. It guarantees migrant workers’ rights to life insurance, medical care, rest days, repatriation upon expiration of the contract. It also reiterates migrant women’s right to be treated in compliance with international human rights standards4 . This contract came after signing the memorandum of understanding between UNIFEM and the Jordanian Ministry of Labour in August of 2001, marking the beginning of the project entitled ‘Empowering Migrant Women Workers in Jordan’ (Piper 2008). The new ILO Convention, No. 189, on decent work for domestic workers, adopted in June 2011, addresses these lacunae but needs to be ratified and implemented in order to make a difference on the ground and thus in the real lives of the many migrant domestic workers.

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A crucial role is played by social policy: three broad sets of regulations to help bridge the gap between social policies and migration policies exist. One set of policies aims at addressing migration indirectly, through such policies as harmonizing labour market legislation or facilitating employment creation; another aims at directly addressing migration through such strategies as creating and monitoring labour migration organisations (for example labour bureaux) and bilateral labour market regulatory frameworks; and finally, a set of policies addresses the impact of migration on those left behind (children specifically) and returned migrants. Such policies would include such approaches as compulsory education, portable and free primary health care services and school meal entitlements as well as incentives for school enrolment aimed at reducing child labour, and incentives for care provision to address the situation of children left behind (UNRISD 2008). Migration studies have largely focused on the motives of migrants treating them largely as a homogeneous mass, especially within the black box of the household. Less is known about poor households or intra-household processes in terms of gender and generational dynamics (de Haan and Yaqub 2007). Migration needs to be integrated within broader strategies for poverty reduction beyond viewing migration as a ‘problem’ or ‘solution’. Furthermore, in the context of migration and development, the literature on migration and poverty has not made sufficient links to the debate on how childhood poverty may cause adulthood poverty, i.e., highlighting it as a life-course issue with longitudinal implications. Thus, a connection to literature on social and economic determinants of the intergenerational persistence of poverty has not been established (de Haan and Yaqub 2007). Debates on remittances, which are the focus (together with ‘brain drain’) of policymakers’ concerns, often suggest that private flows can be seen as making up for public investment in quality services. This fails to recognize that children’s development and other social policy has ‘public good’ characteristics and an important dimension of equity exists across generations (de Haan and Yaqub 2007). Questions need to be raised around what sustainable social policy can mean when production and tax collection occurs in destination countries elsewhere. Also, the ‘decent work’ agenda needs ratcheting up so that adults can earn decent wages and not depend on children’s work input, and primary education has to be for free. The lack of family unification in many regions and the increasing barriers imposed by rich countries in the North to allow legal migration of the lesser skilled is another problem area. The former goes in fact against the spirit of the CRC.

Endnotes: 1.

2. 3.

Domestic work constitutes the most significant source of legal employment for foreign women worldwide and also in Asia which in fact has the highest number of workers engaged in domestic work (ILO 2011). A phenomenon that has also been observed in the case of India. This is based on a study carried out in the Philippines (entitled “Hearts Apart”, downloadable from www.smc.org.ph) which was based on young children between 10 and 12 years of age who belong to two-parent families. The children were divided into five groups: children of migrant mothers, children of migrant fathers (land-based), children of migrant fathers (sea-based), children whose two parents are migrants, and children of non-migrant parents (Scalabrini Migration Center et al. 2004). See for instance, http://www.december18.net/web/docpapers/doc631.pdf.

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Basok, T. (1999) Free to be Unfree: Mexican Guest Workers in Canada. Labour, Capital and Society, 32 (2), 192-221. Briones, L. (2009) ‘Reconsidering the Migrant-Development Link: Capability and Livelihood in Filipina Experiences of Domestic Work in Paris’, in: Population, Space and Place, vol. 15(2): 119-132 Chant, S. (2006) ‘The ‘Feminisation of Poverty’ and the ‘Feminisation of Anti-Poverty Programmes: Room for Revision?’, in: Journal of Development Studies, vol.44(2): 165-197 De Haan, Arjan and Yaqub, Shahin (2007). ‘Migration and Poverty: Linkages, Knowledge Gaps and Policy Implications’, Paper presented at the international conference on “Social Policy and Migration in Developing Countries”, 22-23 November 2007, Stockholm. Dias, M. and L. Wanasundera (2002). Sri Lankan Migrant Garment Factory Workers: Mauritius and Sultanate of Oman, Study Series no. 27, Colombo/Sri Lanka: Centre for Women’s Research (CENWOR). Donato, K. M, Gabaccia, D., Holdaway, J., Manalansan, Martin IV, Pessar, P.R. (eds) (2006) A Glass Half Full? Gender in Migration Studies, in: International Migration Review, Special Issue, vol. 40 (1): 3-2 Elson,D. and Gideon, J. (2006) ‘Organising for Women’s Economic and Social Rights: how useful is the International Covenant on Economic, Social and Cultural Rights?’, Journal of International Gender Studies, vol. 8. no. 1-2, pp. 135-152. GCIM (Global Commission on International Migration) (2005) Migration in an Interconnected World: New Directions for Action. Geneva: GCIM ILO (2004a) Towards a fair deal for Migrant Workers in the Global Economy. Geneva: ILO. ILO (2004b) Child Labour and the Urban Informal Sector in Uganda. ILO, Uganda ILO (2002) Bitter Harvest: Child Labour in Agriculture. Geneva: ILO. IOM (2008) Gender and Labour Migration in Asia, Geneva: IOM. IUF (2008). Workers and Unions on the Move – Organising and defending migrant workers in agriculture and allied sectors. Geneva: IUF. Kofman, E. (2008) ‘Gendered Migrations, Livelihoods and Entitlements in European Welfare Regimes’, in: Piper, N. (ed) (2008) New Perspectives on Gender and Migration – Rights, Entitlements and Livelihoods, London: Routledge, pp. 59-100 Kofman, E. (2004) ‘Gendered Global Migration’, in: International Feminist Journal of Politics, vol. 6(4): 643-665 Kofman, E. and Raghuram, P. (2010) ‘The Implications of Migration for Gender and Care Regimes in the South’, in: Hujo, K. and Piper, N. (eds) (forthcoming) Social Policy and Migration in Developing Countries, Palgrave Piper, N. (ed) (2008) New Perspectives on Gender and Migration – Rights, Entitlements and Livelihoods, London: Routledge Ramamurthy, Bhargavi (2003). International Labour Migrants: Unsung Heroes of Globalization, Stockholm: SIDA. Sassen S. (2000) ‘Women’s Burden: Counter-Geographies of Globalization and the Feminization of Survival’, in: Journal of International Affairs, vol. 53(2): 503-24. Scalabrini Migration Center, Episcopal Commission for the Pastoral Care of Migrants and Itinerant People-CBCP/Apostleship of the Sea-Manila and Overseas Workers Welfare Administration . 2004. Hearts Apart, Quezon City: Scalabrini Migration Center. Skeldon, R. (2006) ‘Interlinkages between Internal and International Migration and Development in the Asian Region’, in: Population, Space and Place, vol. 12, pp. 15-30 Standing, G. (1999) “Global feminization through flexible labor: A theme revisited” , World Development, Vol.27, No.3, Mar. 1999, pp. 583-602 UNFPA (2006). A Passage to Hope – Women and International Migration, New York.

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UNICEF Innocenti Research Centre (2007), ‘International Migration’, powerpoint presentation at the Technical consultation on “Making children visible in routine surveys”, Florence, UNICEF IRC, 26-27 July 2007 United Nations (UN) (2006) International Migration and Development: Report of the Secretary General. Sixtieth session, Agenda item 54 (c), Globalization and interdependence: international migration and developmen, New York: UN. UN (2004). World survey on the role of women in development – Women and international migration, New York: UN. UNRISD (2008). Conference News on “Social Policy and Migration in Developing Countries” UNRISD (2005) Gender Equality – Striving for Justice in an Unequal World. Geneva: UNRISD

O PE N ACCE SS

Family, Migration & Dignity Special Issue

How family circumstances may influence women’s experience of migration—be they migrants or those left behind Project Officer, Gender Coordination Unit, International Organization for Migration

Blandine Mollard ABSTRACT As is now acknowledged by many, the migration of women is far from being a new phenomenon. As early as the 1960s’, women have constituted approximately 47% of migrants. However, those women were often invisible in the eyes of academics and policy-makers, first because data was not disaggregated by sex and second because most of those migrant women were not considered as workers but as dependants. Therefore, they were not considered in migration policies from both origin and destination countries. Despite what is commonly assumed, the concept of feminization of migration does not imply a dramatic change in numbers but rather a more qualitative change. This notion refers to the change in the ‘how’ and the ‘why’ of women’s migration: Women now tend to migrate increasingly as ‘primary migrants’, which is to say as autonomous actors and not only as dependant family members (wife, daughter or partner) of a male migrant. This accounts for a variety of socio-economic factors such as education levels, access to information and resources, cultural acceptance of women’s movement but also an increased decision-making power among women. This qualitative change affecting all regions has been accompanied by an increase in the proportion of women migrating in some regions, but not in all. In Europe, however, immigrants are predominantly women. Nowadays, women represent 49% of the 214 million estimated international migrants1 , most of them being economically active as they represent half of all migrant workers (IOM, 2008).

http://dx.doi.org/10.5339/ qproc.2013.fmd.12 © 2013 Mollard, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

The profile of women migrating, mostly labour migrants, is also evolving with the share of young, single women or heads of household increasing. However, this evolution of the characteristics and circumstances of women’s migration does not mean that women who migrate are free from all family responsibilities. On the contrary, whether they migrate independently or within a couple or family unit, women now tend to migrate for the same reasons that men do: to seek better prospects for them and for their families. Dysfunctional family relationships, such as cases of domestic violence, or absence of family support, such as the status of single female heads of household, can also represent a strong motivation in women’s decision to migrate. This very aspect was highlighted in research IOM conducted on the highly feminized Colombia/Spain migration corridor with one respondent explaining: “When I decided to migrate, I told a small lie. I told my husband that I would send for him as soon as possible. But I knew I was lying, because I had said to myself, ‘enough is enough’. I could no longer stand our life together. He was abusive. I have very few good memories of our life together” (IOM, 2007). Cite this article as: Mollard B. How family circumstances may influence women’s experience of migration—be they migrants or those left behind, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.12

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In parallel to the increased participation of women in traditional labour migration flows, the forms of migration that have emerged in recent decades as being specific to women—such as migration for domestic and care work and transnational marriage migration (Carling, 2005)— warrant increased attention to how they figure into family dynamics. In addition to the role that extended family circumstances play in women’s migration motivations, it is important to bear in mind that the conditions and outcomes of their migration experience may to a large extent be shaped by their family status and the level of autonomy they enjoy within their immediate or extended family circles, which will ultimately affect their global experience of migration. Gender and inter-generational dynamics of the family have often been under-acknowledged in shaping migration decisions, conditions and often socio-economic outcomes. Drawing from IOM research findings, this paper will touch upon situations where family circumstances shape women’s experience both as migrants themselves and as family members remaining in countries of origin. It will analyse how their migration experience may be shaped by their family status, focusing on examples of migrant domestic workers, transnational marriage migrants or women migrating as part of a dual career couple.

WOMEN’S EXPERIENCE AS FAMILY MEMBERS OF MIGRANTS REMAINING IN THE COUNTRY OF ORIGIN The migration of men is often presented as an opportunity for women remaining in the country of origin to take on additional, sometimes untraditional, roles within the family and the community to compensate for the men’s absence. Whether those new responsibilities will translate into improved standards of living for women and children, increased decision makingpower and autonomy within the family and community will depend on a series of factors such as age, length of marriage, socio economic status, level of education […] etc. (Lopez-Ekra et al. 2011). In particular, as most remittance recipients seem to be women, one of the new roles women may take on upon the migration of their husband relates to remittances management and financial oversight of the family expenses. Depending on the family dynamics, this role of household management can lead to a renegotiation of gender roles leading to more decision making power for women. In particular, research conducted by IOM in Egypt has indicated that women, in two-third of the households sampled where men having migrated, were placed as heads of households, and half of them claimed enjoying full autonomy in spending remittances (IOM 2010). However, even if women are often entrusted with household management roles upon the departure of their husbands, the authority to make decisions may not always be given to them. In a study conducted with women staying behind in rural China published in ‘Gender and Labour Migration in Asia’, many women respondents indicated that their husbands were making decisions on farming and financial questions from abroad and giving them instructions via letter (Jacka 2009). The migration of men is often presented as an opportunity for women remaining in the country of origin to take on additional, sometimes untraditional, roles within the family and the community to compensate for the men’s absence. In particular, as most remittances recipients seem to be women, one of those new roles women may take on upon the migration of their husband relates to remittances management and financial oversight over the family expenses. Depending on the family dynamics, this role of household management can lead to a renegotiation of gender roles in the sense of more decision making power for women. In particular, research conducted by IOM in Egypt has indicated that women, in two-third of the

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households with males having migrated, were placed as heads of households and half of them claimed enjoying full autonomy in spending remittances (IOM 2010). However, if women are often entrusted with household management roles upon the departure of their husbands, the authority to make decisions may not always be given to them. In the study conducted with women staying behind in rural China published in “Gender and Labour Migration in Asia”, many women respondents indicated that their husband were making decisions on farming and financial questions from abroad and giving them instructions via letter (Jacka 2009). When analysing the empowering or debilitating effect of spouse migration on women’s remaining in the country of origin, it is important to acknowledge the role household dynamics and social networks within the family and wider community play in shaping women’s control over remittances and the overall well-being of the spouse staying behind. This aspect was clearly highlighted in a Bangladesh-based case study of gender and labour migration in Asia. In the publication of this study, wives who were economically empowered through receiving remittances in their own name frequently became the de facto head of household and as such saw their decision-making power increase within the immediate and extended family circles. In situations where husbands did not send remittances to their wives directly but to their parents or a male relative, women, in particular those living with their in-laws, noted either no change or a worsening of their situation within the household as they had to rely on their in-laws or other extended family members for financial resources. This dependency may render the wife and her children more vulnerable to poverty and abuse, including that of a sexual nature, from the family and the community (Debnath and Selim 2009). In other circumstances, a lack of economic opportunities has been seen to limit women to informal and sometimes precarious income generating activities and put them at risk of poverty or a high economic dependency upon remittances. This extra vulnerability of women in rural areas when remittances are sent less regularly or cease to come was highlighted by an IOM report on Tajikistan, which shed light on the phenomenon of abandoned wives of labour migrants. The study identified that around a third of migrant wives were faced with a situation of abandonment characterised by a dearth of information from their husbands and the absence of any economic or financial support received. The phenomenon is explained by either the loss of income or employment by labour migrants or the establishment of a new family in the country of destination. There are dire consequences, both economic and emotional, resulting from denial of remittance money, lack of economic opportunities and traumatic experience of not knowing the whereabouts of the husband. These rural women often live in extreme poverty and inadequate housing. Additionally, many Tajik women live with their in-laws after marriage, which can negatively influence their decision-making power and place them at a subordinate position within the household (IOM 2009). Those examples show how family interactions may affect the division of tasks and responsibilities within transnational families and how power imbalances within the family may be further increased by the migration experience. Such situations call for adaptations of migration policies to mitigate the vulnerability of certain family members staying behind.

WOMEN’S EXPERIENCE AS MIGRANTS Migration for domestic work Families in high and middle-income countries have begun to delegate domestic and household tasks traditionally assigned to women to other women—from under-privileged

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groups, ethnic minorities or those of migrant background—as women in industrialized countries are increasingly participating in the labour market. The absence of adequate and affordable social services and structures for child and elderly care as well as unequal sharing of household chores, among others, have resulted in domestic work becoming one of the largest sectors in international female labour migration. According to the International Labour Organization, there are approximately 53 million domestic workers. However, the hidden nature of domestic work complicates the collection of data. Experts estimate that the total number could be as high as 100 million. It is further estimated that around 83 per cent of all domestic workers are women and girls2. Because this demand is strongly rooted in families’ needs for outsourced care, magnified by overarching demographic phenomena such as ageing and fertility and the diminution of a state provision of social services in industrialised countries, this need for care services is now believed to be structural and non-cyclical. Indeed, we have seen during the recent 2008 global economic downturn that women migrants working in the care and domestic sectors have been less affected by job losses than men migrants working in construction for example (IOM 2012). However, considering the informal or unregulated nature of domestic work, women active in those sectors are unlikely to meet the conditions required to qualify for family reunification, which, may include their migration status, income level or type of accommodation. This may result in lengthy periods of separation, infrequent family visits and serious challenges to family unity. This phenomenon, where migrant women are asked to substitute the absence of care services and adequate options to reconcile work and families responsibilities, led to employment opportunities for a great number of women from low-income countries. However it has also led to the emergence of ‘global care chains’, situations where migrant women leave their own families in the care of other women at home, either migrants themselves or women from lower socio-economic backgrounds, in order to migrate and care for families in higher income countries.

Transnational marriage migration Trans-national marriage is no longer an individual phenomenon but a general migration trend affecting several regions of the world today, especially Asia. As an example, according to the Vietnamese Ministry of Justice, 133,000 Vietnamese either married or registered for marriage with foreigners between 2005 and 2010 (IOM 2011). These were mostly women who married South Koreans or Taiwanese Chinese men. A recent IOM study notes that Vietnamese-Korean marriages have not only increased significantly, but are also expected to increase further in the coming years. Currently, around 40,000 Vietnamese women have gone to live in South Korea after marriage, accounting for approximately 30 per cent of Vietnamese marriage migration (IOM 2011). Most of the women are young, from rural backgrounds and have received little education (IOM 2012). They are sometimes targeted by brokers as brides with a ‘traditional’ profile who are the most sought after by men finding it difficult to marry in their own country (UNFPA 2006). These women are often convinced to enter into such marriages on the basis that they will be able to remit money to their family. Several scholars have shown how transnational marriage migration is rooted in both individual aspirations for socio economic advancement and alternatives to strict traditions linked to gender roles but also how it is intrinsically linked to families’ strategy for livelihood (Pamblech 2008). The phenomenon of transnational marriage migration highlights the existence of a global matrimonial market (Ricardeau 2012), which intersects other important migration phenomena

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such as the migration of women for care work. Studies have shown the porous delimitations of the migration of women as brides and as workers providing care services (Piper 2003), highlighting the existence of a global care economy in which developed countries import care, love and support services while developing countries export female migrants likely to provide those services in the context of family formation or as overseas workers (Plambech 2008).

DUAL CAREER COUPLES AND THE PHENOMENON OF DESKILLING OF QUALIFIED WOMEN Recent progress in women’s access to education, including tertiary education, is being seen in terms of the propensity to migrate as shown by skilled women. In particular, the Human Development Report published by UNDP in 2009 estimated that women with tertiary degrees from developing countries were at least 40% more likely than male graduates to emigrate to OECD countries (UNDP 2009). Despite their high human capital, skilled women tend to experience disproportionate difficulties in finding a job commensurate to their experience after relocating to a new country. Several research studies have shown that gender dynamics were linked to the decision to migrate within the household as well as men and women’s occupations. Women are still under-represented among highly-skilled migrants admitted for employment and most commonly found within marriage and family reunification migration flows or among migrants admitted for asylum (Riaño and Baghadi, 2007). Although admission schemes targeting highlyskilled migrants are not explicitly discriminating toward women, they are not free of gender biases. In particular, they tend to favour male-dominated occupations such as upper business management, information technology, engineering and finance over skills usually required in professions in which women tend to be over-represented, such as education, social work and nursing (Kofman, 2000, Kofman and Raghuram 2009). The recently published IOM study on the psychosocial dimension of deskilling in Geneva highlights some of the mechanisms leading skilled and highly-skilled women to a situation of professional downgrading (IOM 2012). Imperfect systems of credential recognition and labour market practices, as well as some gender-specific constraints such as lack of child-care options, can push women to accept lowerskilled occupations or as some authors have termed this ‘survival employment’, which leads to a situation of deskilling or underutilization of skills (Chincha and Deraedt 2009, Creese and Wiebe 2009, Mojab 1999). For example, based on the analysis of the 2000 Swiss Census, it seems that the risk of being overqualified increases for migrant women with children under six years of age in the household, thus pointing to a relative disadvantage for migrant women with young children as they search for a job commensurate with their experience (Pecoraro 2010). The entry status of migrant women in Switzerland is of importance when pinpointing the occurrence of deskilling. The risk of deskilling for migrants seems higher for those who have not been admitted as workers—including those who entered Switzerland through other schemes such marriage migration, family reunification or asylum streams (Bolzman 2007). This phenomenon is explained by the general pre-conception of employers and institutions, that their qualifications do not necessarily meet the demands of the local job market. The research in Geneva—by looking into issues such as well being, anxiety and agency— shed light on the emotional and psychological costs of this loss of professional status. It showed that women were acutely affected by professional deskilling, regardless of their partners’ socio-economic status and that most of the respondents experienced adverse difficulties in reconverting to a new sector of work. In addition, the frustration, distress and sense of anonymity generated by the loss of professional status as a result of migration had seemed to affect women with children in a more severe way and was shown to have profound effects on family and marital relationships (IOM 2012).

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CONCLUSIONS AND RECOMMENDATIONS Migration is a multifaceted experience that often affects men and women in different ways and may challenge their established roles and responsibilities within the family. Since families are often the first instance of reproduction of gender roles, it is important to understand in which way they may produce inequalities and to identify the circumstances in which women’s needs, as migrants or a family members staying behind, may differ from the interests or needs of the male migrant. This effort of understanding families as a sphere of power negotiation and expression goes with reaffirming how efforts towards gender equality—such as the adoption of gender-sensitive migration policies or a stronger focus on support to family members remaining behind—would serve transnational families at all stages of the migration experience. We hope research findings such as the ones highlighted in this article will help the international community—especially governments and public authorities at large—to take stock of the economic and social tolls that migration takes on families. With the increase in international migration, the phenomenon of transnational families is here to stay and needs to be identified and taken into consideration in migration policies. In particular, some key recommendations to mitigate the effects of separation on workers and their families and optimize the positive effects of migration on gender equality could be: • Encourage regulations that make it easier for the families of migrant workers to reunite • Raise awareness among local authorities of the needs and vulnerabilities of transnational families • Raise awareness among future transnational brides about their rights and future life conditions • Promote legal migration channels for domestic work to avoid abuse and facilitate family unity • Design programmes to help families communicate with information technologies • Encourage support groups for women staying behind to cope with absence and additional responsibilities

Endnotes: 1. 2.

United Nations: Trends in International Migrant Stock : The 2008 Revision, http://esa. un.org/migration/index.asp?panel=1 Based on national censuses and survey conducted in 117 ahead of the 100th Labour Conference. For more information, see http://www.ilo.org/ilc/ILCSessions/100thSession/ media-centre/press-releases/WCMS_157891/lang--en/index.htm

REFERENCES • •

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Bolzman, C. (2007). ‘Travailleurs étrangers sur le marché du travail: quels modes d’incorporation?’ Journal of International Migration and Integration 8: 357-373. Carling, J. (2005) ‘Gender Dimensions of International Migration’, Paper Prepared for the Global Commission on International Migration, International Peace Research Institute, Oslo Chicha, M. T. and E. Deraedt (2009). ‘Genre, migration et déqualification: des trajectoires contrastées. Etude de cas de travailleuses migrantes à Genève’. Geneva, International Labour Organization. Debnath, P. and N. Selim (2009) ‘Impact of short term male migration on their wives left behind: A case study of Bangladesh’, in IOM Gender and Labour Migration in Asia, Geneva IOM -(2007) IOM et al. ‘Género y Remesas: Migración Colombiana del AMCO hacia España’, Colombia : IOM’ -(2008) ‘World Migration Report 2008: Managing Labour Mobility in the Evolving Global

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Economy’, Geneva, , Switzerland : IOM : -(2010) ‘A study on remittances and investment opportunities for Egyptian migrants’, Cairo: IOM -(2011)’National Migration Profile: An Overview of Vietnamese Overseas Migration’, Hanoi, Vietnam: IOM -(2012) ‘L’impact psychosocial du sous-emploi sur la vie des femmes migrantes qualifiées travaillant à Genève (Suisse)’, Geneva, Switzerland : IOM -(2012) ‘Economic Cycles, Demographic Change and Migration’ International Dialogue on Migration N°19 - Geneva, Switzerland : IOM -(2012) Rural Women and Migration, IOM, 2012, available at this link: http://www.iom.int/ jahia/webdav/shared/shared/mainsite/published_docs/brochures_and_info_sheets/ Rural-Women-and-Migration-Fact-Sheet-2012.pdf Jacka, T. (2009) ‘The impact of gender on rural-to-urban migration in China, in Gender and Labour Migration in Asia’, in IOM Gender and Labour Migration in Asia, Geneva Kofman, E. (2000). ‘The invisibility of skilled female migrants and gender relations in studies of skilled migration in Europe.’ International Journal of Population Geography 6(1): 45-59. Kofman, E. and P. Raghuram (2009). ‘Skilled female labour migration.’ Focus Migration Policy Brief No. 13. from http://focus-migration.hwwi.de/Skilled_female_ labou.6029.0.html?&L=1. Lopez-Ekra, S, Aghazarm, C. Kötter, H and Mollard, B. (2011) ‘The impact of remittances on gender roles and opportunities for children in recipient families: research from the International Organization for Migration’, Gender & Development, Vol. 19, Iss. 1, 2011 Mattoo, A., C. I. Neagu, et al. (2008). “Brain Waste? Educated Immigrants on the US Labor Market.” Journal of Development Economics 87: 255-269. Mojab, S. (1999). “De-skilling in Immigrant Women.” Canadian Woman Studies 19(3): 123128. Pecoraro, M. (2010). ‘Gender, Brain Waste and Job-education Mismatch among Migrant Workers in Switzerland’. I. L. Organization. Piper, N. (2003), ‘Wife or worker? Worker or wife? Marriage and cross-border migration in contemporary Japan’. Int. J. Popul. Geogr., 9: 457–469. doi: 10.1002/ijpg.309IOM Plambech, S, (2008) ‘From Thailand with love: transnational marriage migration in the global care economy’. Wagadu, North America, 521 06 2008. Ricordeau, G, (2012) ‘Devenir une First World Woman : stratégies migratoires et migrations par le mariage’, SociologieS [En ligne], Dossiers, Amours Transi(t)s. Transactions sexuelles au prisme de la migration, mis en ligne le 27 janvier 2012. URL : http://sociologies.revues.org/3908 UNDP, (2009) ‘UNDP Human Development Report 2009: Overcoming barriers: Human mobility and development’ UNFPA, (2006) ‘State of World Population: A Passage to Hope: Women and International Migration’.

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Family, Migration & Dignity Special Issue

“Thinking globally, acting locally.” Children left-behind: Their experience in the Americas CTA, Stop Child Labour in Agriculture Project, ILO/IPEC México

Victoria Cruz Transcript of lecture given 28 March 2012 To begin, it is no coincidence that this week a meeting of the Regional Conference on Migration—which brings together countries from Central and North America—is being held in San Jose, Costa Rica. This meeting is specifically titled “Children and adolescents, migration and refugees,” and central to this topic are child trafficking, child-migrant smuggling, the migration of unaccompanied children and other issues associated with migration in transit and destination countries. Although many of the countries participating in this conference are countries of origin of migration, the plight of those “left behind” in their home communities is not part of the agenda. Likewise, if you run a search for information on ‘children left behind’ and ‘migration,’ you will find that, at least in the Latin American region, the subject has not been widely researched, and existing analyses are done along the same lines as migration; that is, it is analyzed from the perspective of movements among countries of transit and destination without taking the countries of origin into consideration. This is not surprising considering that the more developed the destination site is (where more employment sources and access to other services exist), the more relevant the migration paths leading there (mainly international ones) will be, with home communities remaining less visible, and often forgotten. In other words, to talk about the children left behind is a challenge and will remain so until the issue is placed squarely in the debate about migration. This situation is difficult to understand, especially in the destination areas, where migration is often frowned upon as well as held accountable for many social problems (crime, drug use, violence, etc.) and said to be a problem stemming from the poor conditions prevailing in the communities of origin. However, both debate and action continue to focus on the consequences and not on the causes of migration.

http://dx.doi.org/10.5339/ qproc.2013.fmd.20 © 2013 Cruz, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

As it is known and has been widely discussed at this symposium, an estimated 214 million people worldwide (in other words, 3.1% of the world’s population) are international migrants. However, we must not forget that there is a quieter type of migration. Internal migrants are more on the order of 740 million people, with less possibility of sending remittances home, finding themselves in even more precarious living conditions. Approximately an inordinate one third of these people are young, aged between 12 and 24 years. The main motivation for migration remains the concern for employment, and, in the case of children and adolescents, it has also been established that migration can be an important determinant of their entry into work. Cite this article as: Cruz V. “Thinking globally, acting locally.” Children left-behind: Their experience in the Americas, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.20

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For this reason, the Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016, adopted in May 2010 at The Hague (http://www.ilo.org/ipecinfo/product/ viewProduct.do?productId=13453), recognizes in Article 5 the need for governments to address the vulnerability of children in the context of migratory flows in their looking for effective responses. This is particularly important since voluntary migration can particularly affect certain vulnerable groups such as women and children who require special protection. In the case of children, migration can negatively affect their rights by exposing them to child labour in three ways: first, as children who migrate with their parents, that is, they are made vulnerable in the context of family migration; second, as children who migrate independently; and third, as children “left behind” in their home communities by their migrant parents. This presentation will focus primarily on the latter and attempt to bring some ideas for discussion to the table. First, it is necessary to create greater visibility for the issue, either in the context of international or internal migration. Migration is increasingly perceived as a key factor that can contribute to development and as an integral aspect of a global process of development. However, while extolling the benefits of migration, it is also important to recognize the issue of the effects on children as a key concern in the wider debates on migration. Many children are affected by migration in all three ways mentioned. However, there is a lack of reliable research and data exposing the impacts on this population, specifically in relation with the exercise of their rights, their living conditions or their relationship with their families. Existing research usually deals with adults and often describes children in relation to adults. This also explains the lack of reliable information about the social impact of migration on children and adolescents particularly children left behind by migrating parents. As mentioned, there is little information on this aspect and existing information focuses primarily on the effects of remittances. But the analysis cannot stop there. To place the issue of children left behind as a central element of the debate on migration means also to consider broader aspects of public policy and question its effectiveness. Perhaps debate on this topic should come before even the issue of migration. [It should be] included, for example, when talking about children’s citizenship and universal access to rights-protection services. However, it is necessary to focus on even more specific considerations when looking at the protection of the rights of children in the context of migration. The debate has advanced more around the movement of people and capital but not around those who remain behind. For this reason, more work has been done on the issues of information for safe migration, assistance in transit, protection in the places of destination and mechanisms for safe repatriation, for example. And this is directly related to the second aspect that we consider very important in this debate, which has to do with the protection of rights in relation to migration. When we speak of children left behind, usually the focus is on the issue of remittances and the positive impact remittances may have regarding the rights of children to have access to education and health. While these rights are crucial—and of course there is no question at all about their importance—it is important to bring to the table other equally important rights that do not necessarily enjoy the same fate in current practice.

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In the context of many countries of the Americas, an emerging issue is attracting considerable debate. It concerns the recognition of the collective rights of the original indigenous communities of the American continent, which are numerous and yet are mostly excluded, either partially or totally, from development programs. Thereby, it is necessary to indicate the importance of protecting, in the context of the debate on migration and children’s rights, the right of indigenous peoples and communities to transmit and inherit their cultural heritage. Indigenous communities are closely tied to their land, that is, their territories. It is on these territories that they develop their culture, religion, determinant family bonds and social and economic structure. This connection to the land also determines their way of life and production. They are essentially agrarian communities. We are finding that this is a crucial issue in the debate on migration. From the point of view of those leaving, migration produces the emotional loss of family, friends and significant others who stay behind in their place of origin; the loss of language and all the particular symbolism language implies and the loss of day-to-day cultural practices such as habits, values, customs, rituals and the ability to relive them at will. However, while this may represent an opportunity for cultural preservation for those who stay behind, it does not necessarily imply an affirmation of the right to the cultural heritage. Migration, particularly international migration, can take communities and their ancestral cultural life like a storm. The dramatic decrease in population reduces the chance of development of and access to services. Northward migration, the “forced” migration, as a result of the lack of opportunities and development, particularly in rural and indigenous communities, has rendered communities empty, transforming the lives of those who stay behind. Some villages have lost a great part of their population and have become little more than ghost towns, with only a handful of elders, some women and children, all of them left behind by migrants. With the social fabric of traditional agrarian societies now torn, their streets have become virtually empty, the fields lie deserted, their way of life falls in ruins and families are divided. Older women raise their leftbehind grandchildren; children and adolescents do the work of the absent parents, and elders sit alone waiting to die, “abandoned” by their own children. Many traditions, values and tongues are being lost at an accelerated pace, both by those who leave and by those who stay, as a result of processes of out-migration to other areas and countries, affecting directly the right of the children to enjoy, receive and transmit their own cultural heritage. It is an issue that should be addressed by public policy and stripped of technocratic verbiage in favour of a rights-based approach. But indigenous communities themselves must address the issue on their own agenda. The absence of the issue of children’s rights protection may mean that in 30 years, or perhaps less, the claims for autonomy, territory and government staked out by these communities will cease to have meaning. There will be simply no people left living in these territories. The third aspect is the impact of remittances. According to the World Bank, 319 billion dollars in remittances were sent to developing countries all over the world in 2009. In most of the Latin American countries the importance of remittances is placed in the top of the public and economic agenda. If it is assumed that poverty is one of the main factors behind migration in developing countries and also one of the causes of child labour, then the massive resources generated by labour migration could help keep children in schools. This may have an impact on improving children’s current living and future working conditions and reducing child labour.

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Some studies show the positive effects of remittances for the migrants’ households, particularly in urban areas, such as helping to reduce the gaps in the education of girls, improving the health of children, improving educational outcomes and reducing child labour. However, there is no consensus about the effects of remittances. Other studies, however, question the benefits for children of migrant parents, for example in Bolivia and Dominican Republic. The absence of the parents might generate the parallel effect of increased domestic work for the older children, particularly girls. Sometimes, the youngest children are left in the care of the oldest ones who become responsible for the household. In other cases, children are cared by unscrupulous relatives, neighbors or other individuals who accept the role of “guardians” for a purely commercial interest in receiving remittances and, in practice, they call on older children to take care of the younger siblings and of the household work. There are also cases showing “conflict of guardianship”, since behind every child with a parent abroad there is oftentimes an economic interest in remittances that is put over the child’s own well-being. Along with the conflicts of guardianship are the conflicts of adults, where children are used as tools for revenge, for example by manipulating mothers into sending money or returning home. We must also take into consideration that the migration of one or both parents in many cases might not be successful in terms of family income, either because the employment situation of the migrant does not allow saving, or by the increasingly-observed fact that migrants who stay a long time abroad may end up becoming distant from the reality of their family at home or they built new family bounds abroad. Outmigration of parents also can affect children in other ways, causing emotional problems, trouble with the law and early pregnancies. But, again, even when some studies show significant emotional and affective costs, there is no evidence base on national statistics that suggests that there is a real increase of the problematic behaviours of the sons and daughters of migrants as in relation with other children. In this respect, for example it is important to distinguish how the impacts change according to the age or the gender of the children, though is one of many aspects that needs further clarification and has not been approached yet. These affirmations have more to do with structural reasons, like the traditional social role of the women that pretend to lead, when migrating, “incontrovertible familiar disintegration and has invariably negative effects on the children”. In contrast, it is possible to find that in adequate circumstances, as it was studied in some Latin American countries, sometimes the support of the relatives and the extended families can compensate for, to a great extent, the absence of the parents. The emotional hurt implies that separation doesn’t necessarily result in a negative way in the general well being of the children. This happens when the contributions and sacrifices of their parents are recognized and valued, the children have a stable provision of attention on behalf of the ones that are taking care of them, and frequent contacts are kept with the parents by means of trips, phone calls, etc. Moreover, the effect of remittances, migration and child labour seems to be differentiated between rural and urban communities, and this should be taken into consideration during the design of public policies. In the rural communities, it seems that the effect may be more volatile, pushing children into child labour in the event of a decline in remittances.

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In this regard, a study conducted in 2010 by the Bank of Mexico entitled â&#x20AC;&#x153;Remittances, School Attendance and Child Labour in Mexicoâ&#x20AC;? came to our attention (http://www.banxico.org.mx/ publicaciones-y-discursos/publicaciones/documentos-de-investigacion/banxico/%7B22F5356ACBD1-D3F1-C30B-4804A150E40D%7D.pdf). This paper studies the effects of remittances from the U.S. on child labour and school attendance in recipient Mexican households. The study identified these effects using the impact of the 2008-2009 U.S. recessions on remittance receipts. The methodology compares households that were remittance recipients before the crisis with households that never received remittances. In general terms, the results shows that the negative shock on remittance receipts caused a significant increase in child labour and a significant reduction of school attendance. However, it also highlights the difference of the impact when the decline in remittances occurs in urban and rural communities. In rural communities in Mexico, child labour seems to be especially prevalent and migration rates to the United States also tend to be high. In particular, estimates suggest that, in the rural environment, the interruption of remittances had a significant effect on child labour (12.3 percentage points in the estimation with all controls). In contrast, the estimates for child labour in urban environments turned out to be statistically insignificant. As for the impact on school attendance, the study found a significant effect on the rural sample, and a large but not statistically significant effect on the urban sample. Possible reasons why these effects may be more apparent in the rural environment are that rural households may find it easier to send children to work, since productive land is generally accessible nearby, or that rural households are more credit constrained than urban households. This last possibility is consistent with alternative evidence that clearly indicates that only 7.4% of rural migrant households have access to formal credit, while almost 26% of urban migrant households do. This in turn is linked to the limited development options identified in the communities of origin, particularly in rural communities, which in Mexico are essentially indigenous. Finally, IPEC in MĂŠxico is working on some proposals for actions which are currently being developed from the grassroots level as part of a process to find answers to the problems associated with migration and child labour in communities of origin of migration flows. The first step IPEC is working on is the diagnosis of the situation. In this regard, therefore, it is important to increase knowledge generation. Within the framework of IPEC and the Ministry of Social Development in Mexico, current efforts are seeking to delve deeper into the major social events directly and indirectly related to the decision to migrate faced by farming families. In Mexico, more than 9 million people are associated with the phenomenon of internal migration (a previous step to international migration for many families), a type of migration that does not produce huge remittances and is rooted in an endless cycle of poverty and exclusion. The study aims to analyse the different types of migration and the decisions that come into play in each case in relation to the links maintained with the home communities and the economic and symbolic strategies put in practice to sustain the migration process. The results of this study seek to promote improved diagnosis of the problems affecting migrant farm workers, including the phenomenon of child labour, and thus strengthen public policy capacity to intervene in the home communities.

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It has been concluded that care for migrants, from the point of view of service delivery, should be strengthened in the communities of origin and not only in the places of destination. This should include services specifically designed for migrants. However, such services should be defined necessary by getting to know and engaging these communities from the beginning. Also, it is important to recognize that migration processes are increasingly ever changing. In this regard, it is necessary now to learn more about the families—not just the communities—and the social facts that make them decide and plan to migrate. It is not a matter of poverty only, and considering that fact, it is necessary to weigh in other factors directly related to not only the decision to migrate and when to migrate, but also to the questions of who migrates and who stays behind and what the risks and benefits associated with such decisions are. For example, the proposed study started out with several hypotheses in connection with decisions related to the labour market, which dictates who, when and how to migrate, for example. The absence of some services and the presence of others may also determine who leaves and who stays. Conditional cash transfer programs also might in some cases cause the children to stay in the home communities where they will receive support or childcare services in absence of tracking systems to monitor continuity of education or health services. Moreover, and in order to work both on the agenda related to the causes and effects of migratory processes, regional dialogues—defined by migration patterns between communities, states, countries of origin and destination—are being proposed. In other words, migration is not an issue that can be addressed by only one of the many sectors involved. Thereby, just as it is understood that the integration of different actors is needed depending on whether the target area is one of transit or destination, it should also be understood that the development of public policies must be based on the same criteria and should result in opening a dialogue that takes into account the decision makers in the places of origin, transit and destination. Nevertheless, it should recognize the important initiatives currently undertaken by regional actors to address the phenomenon of migration, particularly its effects or consequences—such as protocols for repatriation of children, bi-national dialogue forums, improving the availability and relevance of information for adolescents who want to migrate, etc. However, a formal dialogue among communities of origin, transit and destination of migrants as well as concrete actions are still pending, which would facilitate families making migration decisions. The following topics currently have been proposed for consideration and dialogue among states in México: 1. Recognition of the rights of migrants starting at the place of origin of migration, such as the right of the child to an identity and a nationality (registration at birth); the recognition and information of the rights of migrants starting at the place of origin of migration, with both potential migrants and public servants and other community members; the right to continued education at the origin and destination places; the right to professional and vocational services for adolescents, available both at home and destination communities 2. Strengthening community actions to protect children, while improving services in home communities with support from other more developed communities. For example, strengthening investment for development, strengthening public-private responsibility actions and including corporate social responsibility programs by companies placed at the destination communities that can have an impact on the origin communities

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Involvement of public institutions from both states in issues regarding the movement to and the living conditions at the places of destination. Including other actors in discussions and in the definition of strategies, such as workers and employers organizations from the different productive sectors, including private transportation unions.

There is no doubt that the agenda on children left behind requires taking action in many ways. Certainly, universal policies for the protection of rights are fundamentally supportive to the migrantsâ&#x20AC;&#x2122; home communities as much as they are to any other; however, it is necessary to point to some aspects that, with the phenomenon of migration, imply a greater vulnerability for children and their families that should be addressed at its roots and not just as a consequence or effect at the places of transit and destination.

O PE N ACCE SS

Family, Migration & Dignity Special Issue

The impact of parental migration on children left behind: The case of Tunisia Institut National Etudes Démographiques, Paris. ibtihel@gmail.com

Ibtihel Bouchoucha ABSTRACT In Tunisia, several studies analyzed the phenomenon of migration. One strand of this literature focused on the causes, explaining migration flows (Mzali 1997, Zohry 2006, Fourati 2006, Hammouda 2008, Mghari 2007, Sadiqi 2007, Hamdouch and Khachani 2004). Another open debate concerns the importance of remittances and the role of international migration on the development of the country of origin (Haffad 2006, Hamdouch and Khachani 2004). However, there are few works interested in the family left behind. The paucity of studies on this theme can be explained by a lack of suitable data. Therefore, there is a pressing need to raise research interests on this question. The goal of this presentation is to contribute to this literature. We try to analyze the situation of children left behind: “a child lives with one of his parents, while the other parent lives abroad”. Our paper will be structured around two broad themes. The first concerns the link between migrants and their families remaining in their country of origin. The second theme focuses on the education attendance of the children left behind. We will try to examine the effects of a mother’s or father’s absence on the school attendance of their children. Our methodology is based on comparative analyses between male and female and between children of migrants and those of non-migrants. We developed a descriptive analysis using individual data from census 2004 and from the MIREM survey conducted in 2006 by the Robert Schuman Centre for Advanced Studies.

http://dx.doi.org/10.5339/ qproc.2013.fmd.19 © 2013 Bouchoucha, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Bouchoucha I. The impact of parental migration on children left behind: The case of Tunisia, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http:// dx.doi.org/10.5339/qproc.2013.fmd.19

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INTRODUCTION L’émigration dans les pays de l’Afrique de nord est un phénomène très ancien et aussi très complexe. Mais, en raison d’insuffisance des données et/ou de limite des statistiques disponibles, la recherche sur cette thématique reste très peu développée même si dans ces dernières années un intérêt spécifique est accordé à cette question. De nombreux travaux de recherche se sont développés, mais ces efforts restent insuffisants pour cerner les différentes questions liées à ce phénomène. La plupart des études se sont focalisées sur l’aspect économique, mais très rares sont les travaux qui ont traité la relation entre la migration et la famille, bien que cette dernière est un agent principal qui joue un rôle déterminant au niveau de la décision de migration de ses membres, et qui est directement touché par les effets positifs et/ou négatifs de ce phénomène. Dans ce travail, nous focalisons sur la situation des membres des familles des migrants qui sont restés dans le lieu d’origine. Nous étudions particulièrement le rendement scolaire des enfants vivant avec l’un de ses parents alors que l’autre parent vit à l’étranger. L’objet de ce travail est d’étudier l’effet de la migration du père ou de la mère sur la scolarisation de ses enfants qui est resté dans le lieu d’origine. Nous analysons principalement leur rendement scolaire, mais nous essayons, tout d’abord, d’avoir une idée sur le lien qui garde l’émigrant avec sa famille restée dans le pays d’origine. Ce papier est structuré autour de deux thèmes. Le premier thème concerne le lien entre les migrants et leurs familles qui sont restées dans le lieu d’origine. Il s’agit d’une analyse comparative entre les trois pays du Maghreb. Les données utilisées dans cette partie sont celles de l’enquête Mirem-2006. Alors que le deuxième thème se focalise sur l’effet de l’absence de la mère ou du père sur la scolarisation de ses enfants qui est resté dans le pays d’origine. Nous étudions dans une première partie les caractéristiques socio-économiques du conjoint de l’émigrant, le parent avec lequel les enfants vivent. Puis, nous analysons le niveau de scolarisation des enfants, en étudiant tout d’abord leur fréquentation scolaire et la comparée par la suite avec celle des enfants des non-migrants. Nous utilisons pour ces différentes analyses les données de recensement 2004, mais en raison de manque des données pour les autres pays, les analyses dans ces deux dernières parties concernent uniquement le cas de la Tunisie. Plusieurs travaux de recherche ont montré que l’absence de l’un des parents (père ou mère) a, en même temps, des effets négatifs et d’autres positifs. En effet, l’émigration du père ou de la mère laisse chez les différents membres de la famille qui est resté dans le lieu d’origine, en particulier chez les enfants. Le vide émotionnel influence négativement le comportement de l’enfant et pourrait avoir des répercussions négatives sur leurs rendements scolaires. Le père et la mère ont leurs propres rôles dans l’éducation des enfants qui est très difficile à compenser, même par l’autre parent. Par ailleurs, plusieurs autres études ont souligné l’effet positif des transferts d’argent sur le niveau de vie des familles des migrants dans le pays d’origine et aussi sur la scolarisation des enfants. En effet, une part de cet argent envoyée est utilisée pour payer les frais et les fournitures scolaires des enfants, et garantir aux enfants toutes les conditions nécessaires pour étudier et aussi avoir de bons résultats. I. Les migrants entretiennent-ils des liens forts avec leurs familles restées au pays Nous commençons par analyser la relation entre l’émigrant et sa famille. Nous essayons d’étudier trois points strictement liés à notre question de recherche à savoir : les rémittences, le contact par téléphone et les visites. Dans cette partie nos analyses porteront sur les trois pays du Maghreb, Algérie, Maroc et Tunisie. Nous utilisons les données de l’enquête Mirem-2006, une enquête sur la migration de retour dans ces trois pays du Maghreb. Ces données contiennent des informations sur les différentes étapes de l’expérience migratoire des individus enquêtés. Dans ce travail, nous étudions un sous-échantillon bien spécifique. Il s’agit des hommes et des femmes migrantes de retour, qui ont migré seuls bien qu’ils ont été au moment de leur migration mariée et ayant des enfants. Ils ont émigré en laissant leur conjoint et leurs enfants dans le lieu

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d’origine. Cet échantillon est composé de 196 individus. Les femmes représentent une proportion très faible, ce qui ne nous permet de développer des analyses par sexes et de comparer les femmes et les hommes. 1. Les rémittences : Les rémittences sont généralement la seule source de financement des familles des émigrés restés dans le lieu d’origine. Des différentes études ont montré l’importance de rémittences dans l’amélioration de niveau de la famille et aussi sur la scolarisation des enfants. Néanmoins, cette dépendance financière vis-àvis l’émigrant a aussi ses points négatifs. En effet, les difficultés financières que peuvent vivre les familles des émigrants en cas de manque de financement, et leur dépendance vis-à-vis aux autres membres de la famille élargie ont sans aucun doute des répercussions négatives sur la bonne conduite des enfants et surtout sur leur rendement scolaire. Les résultats obtenus montrent que les rémittences sont très importantes. Plus de 80% des migrants ont déclaré avoir envoyé de l’argent à leurs familles durant la période de leur migration de manière régulière ou irrégulière. Néanmoins il ne faut pas négliger la proportion de personnes ayant déclaré qu’elles n’ont jamais envoyé de l’argent, notamment pour les émigrants issus de l’Algérie. En effet, 31% des émigrants enquêtés ont déclaré n’avoir jamais envoyé de l’agent, contre 9% chez les Marocains et 15% chez les Tunisiens.

1 /mois ou 3 mois

Irrégulière

Jamais

Total

Maroc

47 %

44 %

Algérie

32 %

37 %

31 %

Tunisie

62 %

23 %

15 %

47 % (93)

35 % (68)

18 % (36)

197

Total

Tableau 1. Répartition des migrants selon la fréquence de rémittences par pays d’origine Régulières. Source : MIREM-2006 (Calcul de l’auteur) Satisfaire les besoins de la famille est la principale raison pour laquelle les migrants envoient de l’argent, ceci quel que soit le pays d’origine (plus de 4/5 des migrants envoient de l’argent pour répondre aux besoins de leurs familles). Cependant, il apparait que l’éducation occupe une importance remarquable chez les émigrants. En effet, 52% des personnes enquêtés ont déclaré que l’argent envoyé est utilisé aussi dans l’éducation des enfants. Notons ainsi qu’à ce niveau, il n’existe pas des différences significatives entre les trois pays du Maghreb.

Maroc

Algérie

Tunisie

Total

Les besoins de la famille

95 %

98 %

85 %

92 %

Scolarisation des enfants

56 %

51 %

48 %

52 %

Construire une maison

36 %

47 %

26 %

35 %

Investissement

20 %

12 %

Autres

22 %

12 %

158

Total

Tableau 2. Répartition des rémittences selon l’objet d’envoi par pays d’origine. Source : MIREM-2006 (Calcul de l’auteur)

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Contact téléphonique et visites Cependant, le contact avec les membres de la famille laissés dans le pays d’origine n’est pas assez fréquent. En effet, seulement 48% des émigrants enquêtés ont déclaré avoir communiqué au moins une fois par semaine avec leurs familles restées dans le lieu d’origine. Alors que ceux qui ont déclaré avoir visité leurs familles au moins une fois par an représentent 2/3 de notre échantillon. Bien que ces proportions soient considérables, nous ne pouvons pas nier que la proportion de ceux ayant un contact très rare ou ceux qui n’ont aucun contact avec leurs familles est importante en effet, 27% de l’échantillon n’ont pas communiqué ou ont communiqué de manière très rare avec leurs familles qui sont restées dans le pays d’origine. Ainsi, 29% de ces personnes enquêtées ont déclarés que leurs visites au pays d’origine étaient très rares ou elles n’ont jamais visité leurs familles. Sans aucun doute, cette faible relation et ce contact très limité avec la famille alourdissent la responsabilité du conjoint resté dans la région d’origine, et peuvent avoir des répercussions négatives sur les comportements des enfants et surtout sur leur rendement scolaire. Notons ainsi qu’il existe une différence très significative selon le pays d’origine. Les données montrent que les émigrants tunisiens ont une bonne relation avec leur famille, contrairement aux émigrants marocains et algériens. En effet, 70% des émigrants tunisiens communiquent par téléphone avec leurs familles qui se trouvent dans le pays d’origine au moins une fois par semaine, 21% plusieurs fois par mois, et seulement 9% parlent avec leur famille de manière très rare. Alors que pour les émigrants algériens et marocains, la proportion de ceux qui communiquent rarement avec leur famille représente respectivement 31% et 42%, des proportions qui sont relativement élevées. De même pour le nombre des visites, 89% des Tunisiens visitent leurs familles au moins une fois par an et seulement 11% ne visitent pas leur famille ou le visitent de manière très rare. Alors que, chez les Algériens et les Marocains, la proportion de ceux qui ne rendent pas visite à leur famille dans le pays d’origine ou le visitent de manière très rare est égale respectivement, 37% et 39%.

Contact téléphonique 1 et plus/ semaine

Quelques fois /mois

Autres

Total

Maroc

32 %

26 %

42 %

Algérie

43 %

26 %

31 %

Tunisie

70 %

21 %

48 % (95)

24 % (48)

27 % (54)

197

Total

Visites 2 et plus / an

1 / an

Autres

Total

Maroc

27 %

33 %

39 %

Algérie

25 %

38 %

37 %

Tunisie

21 %

68 %

11 %

24 % (48)

47 % (92)

29 % (57)

197

Total

Tableau 3. Répartition de nombres des contacts téléphoniques et de visites des migrants par pays d’origine. Source : MIREM-2006 (Calcul de l’auteur)

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II. Effet de l’absence du père ou de la mère sur la scolarisation des enfants en Tunisie Certes, avec l’absence de l’un des parents et surtout quand il n’existe pas un contact avec lui, les enfants perdent l’un de ses repères, ce qui influence de manière directe ou indirecte leur comportement. Nous essayons dans la partie suivante d’analyser l’effet de l’absence du père ou de la mère sur le rendement scolaire des enfants laissés dans le lieu d’origine. Malheureusement nous ne disposons pas des données nécessaires qui nous permettent de comparer les trois pays du Maghreb, surtout après d’avoir montré qu’il existe une variation très importante entre les trois pays au niveau de la relation entre les émigrants et leur famille laissée dans le lieu d’origine. 1. Données utilisées Nous utilisons deux échantillons des données individuelles de recensement de 2004. Le premier concerne les enfants des migrants. Il s’agit des enfants qui vivent avec l’un de ses parents la mère ou le père, tandis que l’autre parent est à l’étranger. Il s’agit d’un échantillon des familles monoparentales dirigées par un homme ou par une femme mariée, alors que l’époux ou l’épouse a émigré au cours des cinq dernières années, entre (1999 et 2004). Notons ainsi que ce type des données disponibles ne nous permet pas d’identifier les personnes qui ont quitté le pays avant cette date (1999). Le deuxième échantillon concerne les enfants qui vivent avec les deux parents (père et mère) sachant que toute la famille n’a vécu aucune expérience migratoire durant les cinq dernières années (entre 1999 et 2004), que c’est à l’intérieur du pays ou à l’extérieur et quelques soit le type de migration (quitter le lieu de résidence ou retourner après une expérience migratoire) Ce dernier échantillon contient 487 500 enfants âgés moins de 17 ans dont 51,2% sont des garçons et 48,8% sont des filles. Alors que le premier échantillon compte 3094 enfants de migrants dont 50,2% sont des garçons et 49,8% sont des filles. Cet échantillon est composé de 1862 ménages dont 1502 dirigés par des femmes et 360 par des hommes. Ces effectifs très déséquilibrés des deux sexes dus au fait que les migrations en Tunisie sont principalement masculines. En effet, pour différentes raisons, socioculturelles, économiques et familiales, la participation des femmes à la migration reste faible relativement aux hommes. Dans la plupart des temps, le chef de ménage migre en laissant derrière lui sa femme et ses enfants. Ainsi, bien que la migration féminine soit de plus en plus importante, très peu sont les femmes qui arrivent à joindre leur conjoint (Fourati, 2006). Mais, bien que la répartition de notre échantillon par sexe est déséquilibrée, l’étude et la comparaison de deux types de familles monoparentales (dirigé par un homme ou par une femme) restent possibles et aussi significatives. 2. Caractéristiques du conjoint (père ou mère) laissé dans le lieu d’origine Les résultats ont montré d’importantes différences entre les deux sexes. La femme restait dans le pays d’origine a souvent un niveau d’étude faible, 37% de ces femmes sont analphabètes, 40% d’entre eux ont un niveau primaire ou moins, et seulement 4% ont un niveau universitaire. La plupart de ces femmes sont inactives. Seulement 18% ont déclaré être active dont 17% sont actives occupées et 1% sont en chômage. Elles sont financièrement dépendantes de leur conjoint. Par contre, les hommes qui n’ont pas migré avec leur épouse et sont restés dans le pays d’origine sont généralement des actifs occupés (73%) et ayant un niveau d’études relativement élevé. En effet, la proportion des hommes analphabètes et de ceux ayant un niveau primaire ou moins est égale respectivement à 20% et 31%, tandis que la proportion de ceux ayant un niveau universitaire est égale à 19%.

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Le niveau d’instruction

La mère est absente

Le père est absent

Total

Aucun

37 %

20 %

34 %

Primaire

40 %

31 %

38 %

Secondaire

19 %

31 %

22 %

Supérieur

19 %

100 %

Total

Le type d’activité La mère est absente Le père est absent

Total

Occupé (e)

17 %

73 %

28 %

En chômage

Femme de ménage

81 %

65 %

Autres

23 %

100 %

Total

Tableau 4. Caractéristiques socio-économiques du conjoint resté dans la région d’origine. Source : MIREM-2006 (Calcul de l’auteur) 3. Effet de l’absence du père ou de la mère sur la scolarisation des enfants en Tunisie Les pères et les mères ont des rôles différents et ont aussi des relations différentes avec leurs enfants. Il est alors possible que les enfants aient des comportements différents selon le fait qu’ils soient avec leur père ou leur mère, surtout que d’après nos analyses précédentes, les pères et les mères qui sont restés avec les enfants dans le pays d’origine ont des caractéristiques socio-économiques différentes. Nous interrogeons ainsi sur l’effet de l’absence de l’un de parent sur la scolarité de leurs enfants. Est-ce que le rendement scolaire des enfants diffère selon le fait d’être avec le père ou avec la mère ? Et, est-ce que la migration de l’un des parents a un effet négatif sur la scolarité des enfants, ou au contraire cette absence peut engendrer de manière directe ou indirecte un effet positif ? D’après le tableau suivant, il est très clair que la migration du père a un effet négatif sur les enfants plus importants que l’absence de la mère. Les enfants vivant avec leur père alors que leur mère est à l’étranger ont un rendement scolaire meilleur relativement aux autres enfants vivant avec leur mère alors que leur père est à l’étranger. En effet, le pourcentage d’enfants âgés de mois de 17 ans qui ne fréquentent pas l’école est égal à 29% s’ils vivaient avec leur mère tandis que leur père est à l’étranger, et 15% dans le cas contraire (les enfants vivent avec leur mère alors que leur père est à l’étranger). Ainsi, il nous semble que la présence du père pèse beaucoup plus sur les filles que sur les garçons. En effet, 30 % (contre 29% pour les garçons) des filles qui sont restées avec leur mère alors que le père est à l’étranger ne sont pas scolarisées bien qu’elles sont âgées de moins de 17 ans. Alors que pour celles qui sont restées avec leur père, seulement 11% (contre 15% pour les garçons) d’entre eux ne fréquente pas l’école au moment de l’enquête. En regardant les groupes d’âge, on remarque que pour ceux âgés de 6 à 14 ans, il n’existe pas des différences significatives entre les deux sexes en matière de scolarité, que ce soit le parent qui est absent. Par contre, l’écart entre les enfants vivant loin de leur père et ceux vivant loin de leur mère est relativement important pour les enfants âgées de moins de 6 ans. La proportion des filles et des garçons qui ne fréquentent pas l’école est aux entours de 75% si le père est à l’étranger, et elle est égale à 65% dans le cas contraire. Ces résultats peuvent être expliqués par le fait que les mères

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sont généralement inactives alors que les pères sont actifs occupés. Les mères sont alors disponibles, elles peuvent s’occuper de leurs enfants alors que ce n’est pas le cas pour les pères. Aussi, le fait que les mères soient dépendantes des rémittences, elles n’ont pas peut-être suffisamment d’agents pour envoyer leurs enfants à des structures parascolaires et alourdir leurs charges financières. Ainsi, pour les enfants âgées de 15 à 17 ans, la différence entre filles et garçons est bien claire. Il nous apparait que l’absence du père ou de la mère influe différemment les deux sexes. Pour les garçons il n’existe pas une différence significative selon le fait que la mère ou le père est absent, bien que les résultats montrent que relativement au père, la présence de la mère a un effet plus positif sur la scolarité des garçons. Alors que les filles ont une situation complètement différente. La présence du père a un effet positif très remarquable. La proportion des filles âgées de 15 à 17 ans qui ne fréquentent pas l’école est égale à 14% si le père est absent contre 5% dans le cas contraire. Ces résultats témoignent l’effet de l’autorité patriarcale sur les comportements des enfants, particulièrement sur leur scolarité. Il faut mentionner aussi que les mères ont généralement un niveau d’instruction faible et elles sont dépendantes financièrement, ce qui pourrait influencer leur relation avec ses enfants.

La mère est absente

Garçons

Filles

Le père est absent

À l’école

Non

À l’école

Non

[0-6 [

25 %

75 %

35 %

65 %

[6-15 [

97 %

96 %

[15-18[

82 %

18 %

79 %

21 %

Total

71 %

29 %

85 %

15 %

[0-6 [

27 %

73 %

35 %

65 %

[6-15 [

97 %

[15-18 [

86 %

14 %

95 %

Total

70 %

30 %

89 %

11 %

Tableau 5. Répartition des enfants des migrants selon le fait d’être à l’école ou non par sexe, groupe d’âge et le fait de vivre loin de la mère ou du père Source : MIREM-2006 (Calcul de l’auteur) Les différents résultats présentés précédemment montrent un effet significatif de l’absence de l’un de parents sur la scolarité de ses enfants. Il nous apparait alors très intéressant de comparer les enfants des émigrants à ceux des non-migrants. Les résultats montrent que pour les enfants âgés de moins de 6 ans, la présence des deux parents à un effet positif sur leur scolarisation, mais la différence n’est pas très importante. Par contre, à partir de cet âge nous observons que l’absence de l’un des parents a un effet positif sur la scolarisation des enfants. La proportion des filles et des garçons qui ne fréquentent pas l’école est plus élevée chez les enfants des non-migrants. La différence est très faible pour les enfants âgés de 6 à 15 ans. Alors que pour ceux âgés de 15 à 17 ans, les écarts sont très importants. Pour les garçons, la proportion de ceux qui ont quitté l’école est égale à 19% si l’un des parents est absent contre 28% dans le cas contraire. Tandis que, pour les filles, celles qui ne fréquentent pas l’école représentent 12% qui est égale environ la moitié du niveau observé chez les filles des non-migrants.

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Ces résultats peuvent être expliqués par l’importance de rémittences. Notons ainsi que plusieurs études ont montré l’effet positif de l’émigration sur le niveau de vie des ménages des émigrants. Nous avons montré aussi qu’une part considérable de l’argent envoyé est destinée à la scolarité des enfants. Cependant, ces résultats montrent aussi l’importance du contrôle social. En effet, les enfants des migrants sont encouragés et poussés à faire plus d’effort relativement aux autres enfants. Les parents tentent de diverses manières de prouver à leur entourage social et familial que l’absence du père ou de la mère n’a aucun effet sur la réussite de leurs enfants. Notons ainsi que nous avons montré précédemment que les parents à l’étranger cherchent toujours à maintenir un lien solide avec les membres de leur famille, ce qui réduit l’impact négatif qui pourrait avoir leur absence sur les comportements de leurs enfants.

Non-Migrants

Garçons

Migrants

Filles

Garçons

Filles

Âge

À l’école

Non

À l’école

Non

À l’école

Non

À l’école

Non

[0-6 [

33 %

67 %

33 %

67 %

25 %

75 %

27 %

73 %

[6-15 [

95 %

94 %

97 %

[15-18 [

72 %

28 %

77 %

23 %

81 %

19 %

88 %

12 %

Total

78 %

22 %

79 %

21 %

72 %

28 %

73 %

27 %

Tableau 6. Répartition des enfants de migrants et de non-migrants selon le fait d’être à l’école ou non, par sexe et groupe d’âge

Conclusion : Les différentes analyses développées et les résultats obtenus montrent la spécificité de la famille et de la société arabo-musulmane et l’importance du contrôle social et familial. Cependant, les études sur la migration et en particulier sur son impact sur la famille que ce soit dans le pays de destination ou d’origine restent très rares. À ma connaissance, c’est la première fois, dans les pays du Maghreb, qu’on utilise des données individuelles pour étudier l’effet de la migration des parents sur leurs enfants. Cette nouvelle lecture d’exploitation des données de recensement mérite d’être développée et généralisée dans les différents pays du Maghreb, ceci nous permet de développer la recherche sur cette question. Notons ainsi l’importance des statistiques qui restent très limitées et insuffisantes pour analyser un phénomène très complexe comme la migration.

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Bibliographie •

•

• • •

Fourati (2006), Tunisie : la dimension démographique et économique des migrations, dans Philippe Fargues (dir) Migrations méditerranéennes rapport 2006-2007, pp http:// www.eui.eu/RSCAS/e-texts/CARIM-AR2007.pdf Haffad (2007), Migration et Développement au Maghreb, Communication présentée au 3ème colloque international « La nouvelle politique européenne de voisinage », Université de Tunis El Manar, FSEG, Hammamet, 01-02 juin 2007. Hammouda (2008), Le désir de migration chez les jeunes Algériens, Analyse microéconométrique, 9p : http://www.eui.eu/RSCAS/e-texts/CARIM_AS&N_2008_42.pdf Hamdouch et Khachani (2004), Les déterminants de l’émigration internationale au Maghreb, colloques de L’AIDELF, Séance N2, http://www.aidelf.ined.fr Mghari (2007), Maroc : la dimension démographique et économique des migrations, dans Philippe Fargues (dir) Migrations méditerranéennes rapport 2006-2007, pp http://www. eui.eu/RSCAS/e-texts/CARIM-AR2007.pdf Mzali (1997), marché du travail, migrations internes et internationales en Tunisie, Revue Région et Développement n° 6-1997 Sadiqi (2007), Intentions, causes, and consequences of Moroccan migration, http://www. eui.eu/RSCAS/e-texts/CARIM-AS_2007_06.pdf Zohry (2006), Egyptian Youth and the European Eldorado: Journeys of Hope and Despair, Working Paper No. 18, Danish Institute for International Studies (DIIS), Copenhagen.

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Child migrants in the labour market: Not a good deal for them or their families Senior Technical Specialist with ILO-IPEC, Geneva.

Hans van de Glind INTRODUCTION Around the world, millions of children are migrating, both within and between countries—a significant number with their families, others alone. They are part of large-scale population movements currently taking place in many parts of the world. These broader population movements include an estimated 214 million international migrants (Zukang, 2009) and 740 million internal migrants (UNDP, 2009). In the coming years an unprecedented number of young people are expected to migrate and shift population dynamics further. They’ll be driven by demographic factors, perceived economic disparity, youth unemployment [ILO estimated youth unemployment of over 80 million in 2010 (ILO, 2010a)], violent conflict and state failure, natural disasters, and environmental issues. Given its young and rapidly growing population, Africa will be affected particularly. Statistics by the UN suggest that in the period 2010-2020, the children in the age bracket of 10 to 14 years alone will grow by 27 million. Given current patterns, many of these children will grow up in rural areas and as teenagers will want to migrate in search of opportunities elsewhere. Many of these migrant children are at risk of child labour, particularly if they cross national borders illegally, in which case they will be limited in their access to basic services such as education, which further increases their vulnerability to child labour. This is confirmed through the work by ILO-IPEC and its partners, as there is increasing recognition that amongst child labourers many are child migrants, and they are not always trafficked into labour but came as voluntary migrants. Despite the magnitude of migration of children and the link with child labour, little is known about the situation of migrant children, amongst others in child labour.

http://dx.doi.org/10.5339/ qproc.2013.fmd.14 © 2013 Glind, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

This paper fits within the framework of the adopted roadmap for achieving the elimination of the worst forms of child labour by 2016, article 5 of which states that ‘Governments should consider ways to address the potential vulnerability of children to, in particular, the worst forms of child labour in the context of migratory flows’. It builds on insights and conclusions drawn from an ILO working paper entitled “Migration and child labour: Exploring child migrant vulnerabilities and those of children left behind (ILO, 2010b) and aims to shed light on migrant children in child labour, in particular compared to non-migrant children in child labour.

Cite this article as: Glind H. Child migrants in the labour market: Not a good deal for them or their families, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http:// dx.doi.org/10.5339/qproc.2013.fmd.14

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The paper is based on three separate, but related, research endeavours by ILO. These include (a) a review of 33 national child labour surveys, (b) a comprehensive desk review of over 300 documents—mainly ILO rapid assessment reports—on child labour in agriculture, domestic work, commercial sexual exploitation, hazardous occupations, and urban informal economy, and amongst indigenous children, and (c) a review of recorded child labour cases1 by Child Helpline International (CHI) in Kenya, Nepal and Peru (to be published by CHI and ILO-IPEC). The findings from the review of national child labour surveys were disappointing in the sense that little was revealed on child migrants in child labour. However, this work proved useful in that it offered suggestions to ensure that future research on social issues including child labour include a focus on migrant children. The findings presented below draw heavily from the comprehensive desk review (which is forthcoming as an article in a special issue on ‘Children on the Move’ of the Journal International Migration) and the review of recorded data of CHI (forthcoming in a joint publication by ILO and CHI entitled ‘Child migrants in child labour: An invisible group in need of attention’).

TYPICAL CHILD MIGRANT PROFILES Children migrate for a variety of reasons, including economic push factors, educational opportunities, gender and cultural reasons (such as girls trying to avoid a forced marriage), personal push factors (including those resulting from bad family situations) and those related to emergencies such as natural disasters and violent conflict. This paper recognizes the desire of many children of working age to migrate as legitimate. In many locations, staying in rural areas connotes some sort of unskilled agricultural labour and long-term entrapment in poverty. However, even though migration may offer opportunities, the conditions under which children in the south migrate tend to make them vulnerable to child labour. Despite the ILO Minimum Age of Employment Convention No. 138 (1973), which spells out that children under 15 should not be in regular employment, many countries in the south—especially in Africa—are faced with migration of children under the minimum working age and often involve them in child labour. As a rule, these children are without identity papers (or have falsified documents), which makes them easy targets for exploitation. When children in the south travel without their parents, they are particularly vulnerable to exploitation at all stages of migration. Especially when they migrate without proper preparation, when there is poor information sharing, and when feedback mechanisms between urban and rural authorities are poor, children are at risk of trafficking during the journey (ILO, 2009a). It is also a common occurrence that children run out of money because they are ignorant about expenses and/or the hardships they would incur (Catholic Relief Services, 2009) and, in order to survive, must resort to child labour (ILO, 2003a). The high cost of migration is another problem, and consequently, many look to procure funds from other sources, such as indenturing themselves into debt-bondage situations (ILO, 2003b). Loans are another source of funding for migrants; however, moneylenders often offer them at exorbitant interest rates of more than 50 percent (United Nations Resident and Humanitarian Coordinator’s Office Nepal, 2010). During the migration process, intermediaries often take advantage of migrants to the extent that the recruitment agency provides counterfeit visas or previously-agreed-upon jobs are replaced with ones that offer lower pay and/or are more hazardous (United Nations Resident and Humanitarian Coordinator’s Office Nepal, 2010). In situations of dependency and desperation, many children are forced to accept such unfair treatment.

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When children in the South migrate alone and no job has been pre-arranged, finding work or housing is extremely difficult. With few resources at destination, many migrant children end up living on the street. In Nepal, in the early years of 2000 the vast majority of street children in the capital city were migrants. Also, more than half of these migrant children had left home before the age of nine (ILO, 2002). Even if migrant children do manage to find work at their point of destination, their lack of local connections, improper identity documentation, and general state of vulnerability makes it easy for employers to take advantage of them. Besides, many migrant children work in types of work beyond the immediate protection of the labour law, such as in domestic work and the informal economy. Without any oversight by labour inspectorates in these sectors, employers may abuse their position of authority without repercussions. One group of children who migrate with families and who are nevertheless at risk of child labour are those who migrate seasonally. Seasonal work sites at destinationâ&#x20AC;&#x201D;often in agriculture but also in for instance brick kilnsâ&#x20AC;&#x201D;are, as a rule, far away from schools and other services, and school admission on a seasonal basis may be problematic, so children often come along with their parents and work. In the absence of (quality) educational facilities at destination, or transfer certificates when schooling opportunities do exist, it is extremely difficult for seasonal migrant children to rejoin the formal education system. This potentially jeopardizes individual skills acquisition and human capital formation and increases the risk of longer-term child labour. Child migrants in agriculture are usually not employed directly on the estates, but rather work to meet quotas as part of a tenant family, and without the use of child labour, families are unable to meet the quota. A study on tobacco estates in Malawi found that one in five children under the age of 15 worked full-time, and a similar number worked part time (ILO, 2007a). Another group of children migrating with families, and who are at high risk of child labour, are those who migrate in an irregular manner. Research in the United States suggests that having one irregular migrant parent increases the chances of a child living in poverty threefold, and having two irregular migrant parents increases it sevenfold (Innocenti Research Center, 2007). In summary, the trajectory of the migration of children in the South is highly precarious from the outset and continues even after children have reached their destination, in particular where children migrate independently but also where they migrate with their families for seasonal work purposes and/or in an irregular manner. Without protection by the government and without access to services such as education, child migrants in the South have no available course of action but child labour.

MIGRANT CHILDREN IN CHILD LABOUR VERSUS LOCAL CHILDREN IN CHILD LABOUR So migrant children in the South are at a high risk of child labour, and many identified child labourers turn out to be migrant workers. But how do migrant children in child labour fare compared to non-migrant children in child labour? Here, evidence from both the comprehensive review of literature and the analysis of the recorded data by Child Helpline International (CHI) in Kenya, Nepal and Peru, suggests, by and large, that migrant children in child labour are worse off compared to non-migrant children in terms of working (and living) conditions. In substantiating this finding, the paper looked at working hours, pay, bondage, exposure to hazards, exposure to violence, living conditions and access to education among child labourers (both migrants and non-migrants).

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Working hours Research in the domestic work sector in Ethiopia suggests that migrant children work longer hours than non-migrant children, who already worked an average of 10 hours a day (ILO, 2005a). A study in the cotton sector in India similarly found that, though local children worked on average between 9 and 12 hours a day, migrant children worked at least an additional 3 hours (ILO, 2004a). In the manufacturing sector in the Philippines, migrant child labourers also tended to work longer hours compared to non-migrants (ILO; 2005b). Findings from the analysis of CHI records in Peru also suggest that the percentage of migrant children in child labour who worked full-time was higher than that of local children in child labour (33% versus 26%).

Pay Despite their longer work hours, migrant children do not earn more. In fact, in the tobacco industry in Kazakhstan migrant child labourers often earned 1.5 to 2 times less than local labourers (ILO, 2006a). Child labourers in the manufacturing sector in the Philippines are paid 20 percent less than local children (ILO, 2005b), and in Thailand, the wage disparity is even greater, with immigrant child domestic workers earning about half the wage of local child domestic workers (ILO, 2006b). Findings from the analysis of CHI records suggest that, both in Kenya and Peru, the proportion of recorded migrant children in child labour who received no pay (at 13% and 36% respectively) was significantly higher than the percentage among non-migrant children in child labour (i.e. 4.5% and 13% respectively). When children migrate solely for economic reasons, the natural tendency is to accept any work (even that which is underpaid and demeaning) and to work as long as possible. This cycle of low wages and long hours is self-perpetuating.

Forced labour and bondage The inability to quit work constitutes a condition of the worst forms of child labour, according to an ILO synthesis report (ILO, 2005a). In Ethiopia, over eighty percent of surveyed migrant child domestic workers reported that they do not have the right to quit their job (ILO, 2005a). Findings from the analysis of CHI records in all three countries (i.e., Kenya, Nepal and Peru) suggest that a significantly higher proportion of the recorded migrant children in child labour are exposed to forms of bondage compared to non-migrant children in child labour. The table below provides further details. Exposure to bondage amongst child labour cases based on an analysis of records by Child Helpline International

Local girls

Migrant girls

Local boys

Migrant boys

Total local children

Total migrant children

Kenya

6.5%

1.5%

Nepal

11%

23%

12%

16%

Peru

43%

14%

33%

Exposure to work hazards Data by the US Centers for Disease Control regarding occupational injuries and deaths among young workers (for the period 1998-2007) show a fatality rate of 6.3 per 100,000 workers aged 15 to 17 among Hispanics, which is significantly higher compared to the fatality rate of 2.5 for white, non Hispanics (CDC, 2010). Regarding exposure to work hazards, the CHI records for both Nepal and Peru2 showed significant differences when comparing the proportion of recorded migrants in child labour3 who were exposed to work hazards with non-migrants in child labour who were exposed to work hazards as follows:

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Exposure to work hazards amongst child labour cases based on an analysis of records by Child Helpline International

Local children Nepal Peru

Migrant children

10.5%

21%

61%

81%

Exposure to violence The recorded CHI data from Peru indicate that the proportion of child labourers experiencing violence was significantly higher among migrant children compared to non-migrant children (i.e. 57% versus 39%). In Kenya, recorded CHI data revealed that among the boys in child labour, the proportion of migrants experiencing violence was higher than that of non-migrants (i.e. 18% versus 14%), while the opposite was the case amongst girls (i.e. a higher proportion of nonmigrant girls compared to migrant girls were exposed to violence). In terms of being denied food, the pattern held for both boys and girls in Kenya, as 10% of the recorded migrant girls in child labour were denied food compared to 6% of the non-migrant girls in child labour. Among migrant boys in child labour, 18% were denied food, compared to 2% of the non-migrant boys. In Nepal, among the boys in child labour, the proportion of migrants experiencing violence was also significantly higher than that among non-migrants in child labour (82.5% versus 70%).

Living conditions Child labourers who live with the employer or in the household they work for, and who have no protection by their parents, are vulnerable to abuse and exploitation. It is therefore important to review the living conditions of children in child labour. In all three countries covered by recorded CHI data (i.e. Kenya, Nepal and Peru), there was a higher proportion of migrant children than non-migrant children that lived at the workplace or with the household they worked for, creating vulnerability to exploitation. The specific proportions are evident in the following table: Percentage of children in child labour who live with their employer based on an analysis of records by Child Helpline International

Non-migrant children

Migrant children

Kenya

52.5%

65.5%

Nepal

Peru

13%

57%

Access to education The recorded case data from CHI in Peru indicate that a significantly higher percentage of migrants involved in child labour are not in school, compared to non-migrants in the same circumstances (i.e. 43% versus 26%). In Kenya, however, the opposite was the case with 48% of non-migrants in child labour not going to school, as compared to 34% of migrants in child labour . An ILO study in 2007 found that in Cote dâ&#x20AC;&#x2122;Ivoire, only 33 percent of migrant child labourers on cocoa farms were enrolled in school, compared to 71 percent of non-migrant child labourers (ILO, 2007b). Another ILO study found that in the pyrotechnics industry in the Philippines, children tend not to be in school at all during the peak of the production season (ILO 2005b).

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Even if migrant children have access to education, they often struggle in school as their work is often time and energy consuming making premature school drop-out likely. In Ghana, the school dropout rates of migrant child labourers in seasonal agriculture are among the highest because their long working hours leave them exhausted (ILO, 2004b). In Kazakhstan, almost 80 percent of migrant children cited the need to work as the reason why they did not attend school, whereas only 11 percent of non-migrant children responded in this manner (ILO, 2006a). In summary, despite the small sample size of the CHI records and the sometimes incomplete information, clear patterns emerge when comparing recorded case information of migrants in child labour with non-migrants in child labour. Many of these patterns hold across the three target countries (Kenya, Nepal and Peru), representing three different regions of the world. This suggests that amongst child labourers it is the migrant children who are by and large worse off compared to non-migrant children. This pattern was substantiated further through the review of a range of rapid assessments on various forms of child labour.

CONCLUSION AND RECOMMENDATIONS This paper started off by arguing that child migration is often undertaken for the hope of a better future and that it is not the migration itself which constitutes a risk of child labour but rather the conditions under which children migrate. Even though the reasons for child migration are unique to specific regions, cultures, situations and people, there are common areas where protective action could and should be taken. Several recommendations are listed below. Based on an analysis of a variety of information sources covering different continents, the paper found that migrants in child labour are worse off compared to non-migrants in child labour, and this is an important lesson for future policy to address child labour. While this finding was telling, there is room for further research to substantiate the point that migrant children in child labour need attention.

Recommendations regarding research 1.

2. 3.

Future research on social issues (including child labour) should systematically include a focus on child migrants, including attention to international versus internal migration, family migration versus independent child migration, age and gender, and whether or not migrant children have birth registration. With regards to family migration, further research is recommended on seasonal family migration and irregular family migration and their impact on child labour. Research is also recommended to shed further light on the impact of parental migration on children left-behind in terms of the risk these children—boys and girls alike—face regarding child labour (with the assumption being that older girls aged 15-17 who are left-behind are especially vulnerable to school drop-out and child labour, given their likely involvement in household duties on behalf of migrant mothers). Also, research into the sensitive issues of family-related reasons for child migration (e.g., dysfunctional families, threat of forced marriage) may help create a better understanding of some of the driving forces of child migration. Finally, forecasting of child/youth migration flows based on population dynamics in combination with labour market absorption capacity may assist in devising pro-active policies to govern migration and protect children.

Recommendations regarding policy 1.

Governments should comply with the UN Convention on the Rights of the Child and the ILO Child Labour Conventions (Nos. 138 and 182). They should ensure that the rights of all children—including and especially migrants—are respected, including the right to be free from child labour. Promotion of migration regimes that adhere to international standards on the rights of the child [including the UN Convention on the Rights of the Child—in particular

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3. 4.

Article 2 which spells out that all children, including migrant children, are equal—and ILO Conventions on child labour (i.e., Nos. 138 and 182)], and social policies (including education and child labour) that include attention to migrant children. Ensuring access of children to education at source and destination—at source to reduce the need to migrate, and at destination to ensure migrant children have a future. Given that an unknown but substantial number of child migrants do not have proper birth registration documents—a situation that reduces their access to basic services such as education—it is recommended that policy address birth registration to fight vulnerability. Youth of working age, who live in communities where migration for work is common, should receive life-skills training and vocational training (if they so wish) to prepare them before migrating, while work should also be undertaken to create local alternatives. Governments should scale-up child labour monitoring mechanisms and improve the oversight of child labour in the informal economy, where most children work. In particular, governments should capitalize on the newly adopted ILO Convention, No. 189 (2011), regarding domestic work to ensure adequate working conditions in a sector in which many migrant children—girls in particular—tend to end up exploited. Given that informal money lending to finance migration often takes place at exorbitant rates and creates situations of dependence and bondage, it is recommended to create access to credit and loan facilities at reasonable interest rates for youth of working age who wish to migrate.

Endnotes: 1. 2.

This included 293 recorded child labour cases in Kenya, 100 recorded child labour cases in Nepal, and 44 recorded child labour cases in Peru. The CHI recorded data from Kenya did now show any significant difference between the proportions of migrant children exposed to work hazards as compared to that of local children. Data for Nepal regarding access to school were lacking.

REFERENCES •

•

Catholic Relief Services 2009 - Child Migration: The Detention and Repatriation of Unaccompanied Central American Children from Mexico, Baltimore. Available at: http://www.crsprogramquality. org/storage/pubs/peacebuilding/LACRO%20Migration-final.pdf CDC 2010 - “Occupational injuries and deaths among younger workers – United States, 1998–2007”, in Morbidity and Mortality Weekly Report (MMWR) (23 April 2010), Vol. 59, No. 15, pp. 449–455. ILO 2002 - Trafficking and sexual abuse among street children in Kathmandu, Geneva. 2003a - Explotación Sexual Comercial de Niños, Niñas y Adolescentes en Guatemala, Geneva. 2003b - Indigenous and tribal children: Assessing child labour and education challenges, Geneva. 2004a - Hazardous child labour in agriculture, cotton, “Safety and health,” Geneva. 2004b Girl child labour in agriculture, domestic work and sexual exploitation: The case of Ghana, Ecuador and the Philippines. A comparative analysis (Girls child labour studies, Vol. 2).

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2005a - Investigating the Worst Forms of Child Labour: A synthesis report of selected rapid assessment and national reports, Geneva. 2005b - Employers’ demand for child labour in the pyrotechnics and fashion accessories industries in the Philippines, Geneva. 2006a - Child labour in tobacco and cotton growing in Kazakhstan: rapid assessment report, Geneva. 2006b - Child domestic labour in Southeast and East Asia: Emerging good practices to combat it, Geneva. 2007a - Migrant families, child labour and child trafficking in agriculture: Factsheet, Geneva, 2007. 2007b - Rooting out child labour from cocoa farms—A Manual for training education practitioners: Ghana, Geneva. 2009a - Report on Working Children : Situation in Eight Provinces and Cities in Vietnam, Geneva. 2010a - Global employment trends for youth, Geneva 2010b - Migration and child labour – Exploring child migrant vulnerabilities and those of children left-behind, Geneva, at: at http://www.ilo.org/ipec/areas/Migration_and_CL/ lang--en/index.htm Innocenti Research Centre 2007 - Making Children Visible, Brussels Global Forum on Migration and Development, July 2007, available at Global Forum on Migration and Development website: www.gfmdfmmd.org. United Nations Resident and Humanitarian Coordinator’s Office, Nepal 2010 - Field Bulletin Returnees from migrant labour : Welcome home ? Available at : http://reliefweb.int/sites/reliefweb.int/files/resources/F_R_266.pdf. UNDP 2009 - Human Development Report Overcoming barriers: Human mobility and development, New York. Zukang, S. 2009 - International Migration Trends, Paper for UNCTAD Ad hoc expert meeting, ‘Contribution of Migrants to Development: Trade, Investment and Development Linkages, Geneva, available at http://archive.unctad.org/sections/wcmu/docs/ emditctncd_11_en.pdf

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Unaccompanied and on the move: Risks and opportunities for the children Terre Des Hommes, Lausanne, Switzerland

Mirela Shuteriqi ABSTRACT This paper focuses on those persons under 18 years old who, unaccompanied by their parent(s) or legal guardian, have left their place of habitual residence and are either on the way towards a new destination or have reached such a destination not long ago. These children move within the country or across international borders. Their ages differ and, in regions such as Africa for example, children as young as 10 years old are reported to have moved away, unaccompanied by their parents. Today, estimations speak about millions of children on the move. These numbers are likely to increase in the years to come, driven by population dynamics in combination with the lack of development and employment opportunities—in particular in rural areas—and given the predicted rising impact of climate change. Most of the population growth will concentrate in the developing world. The largest urban centers are expected to be in countries where sanitation, health care, education, policing and employment opportunities remain scarce. Some argue that this will increase the emigration from these countries; while the decline of developed countries’ labor force will increase the demand for immigrant workers in such countries1. Today, there are mainly three specific situations when children move unaccompanied by their parent(s) and namely: • In the context of armed conflict or natural disaster (internally displaced children, refugees) • When trafficked • When migrating out of free will

http://dx.doi.org/10.5339/ qproc.2013.fmd.13 © 2013 Shuteriqi, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

In all three situations, the fact that the child is not accompanied by the parent(s) does not necessarily mean that he or she moves entirely on his/her own. Very often these children move in groups of peers or accompanied by adults other then their own parents. The risks and opportunities they face differ also from case to case. It goes beyond the scope of this paper to discuss in details the risks and opportunities for the children in all the three above-mentioned situations. This paper will thus focus only on the risks and opportunities children face when migrating out of their free will. The paper will first explore the reasons behind the unaccompanied migration of children. Then, based on concrete examples, it will seek to identify some of the most serious protection gaps faced by children. The end of the paper will provide a number of recommendations on how to address such gaps and better protect children on the move.

Cite this article as: Shuteriqi M. Unaccompanied and on the move: Risks and opportunities for the children, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http:// dx.doi.org/10.5339/qproc.2013.fmd.13

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INTRODUCTION: WHY DO CHILDREN MIGRATE? The reasons behind the decision of the child to migrate are various. For a while, a large number of child protection stakeholders assumed that all children who moved unaccompanied by their parents were taken away by force, kidnapped, lured and trafficked. Instead, current increasing evidence shows that while some children continue to be taken away by third parties who intend to exploit them, others decide themselves to leave the family and place of origin. In most of the cases the parents are behind such a decision. However there are also cases when the child would decide without informing the parent(s) or against their will. A current multi-agency research project in West Africa shed light on the various scenarios behind the phenomenon of child mobility in the region. Concerned that all forms of child mobility were taken for child trafficking and that some interventions were harming rather then protecting the children, eight agencies working in West and Central Africa, joined forces in a regional platform on mobility. The African Movement of Working Children and Youth, Enda Jeunesse Action, Plan International, Save the Children, Terre des Hommes, ILO, UNICEF and IOM decided to analyse and document the mobility of youth and children in West and Central Africa. Research was conducted in Benin, Burkina Faso, Guinea and Togo. The children became the main actors of this research. The findings of the research were discussed and analysed at national and regional level, and are available today in the form of a publication entitled ‘Quelle protection pour le enfants concernés par la mobilité en Afrique de l’Ouest’ (Feneyrol 2011)2. As explained in this publication, the research evidenced that, in addition to trafficking, there are situations based on deliberate choices made by the children. Such choices can be part of a strategy to deal with circumstances such as a limited food supply of the family, heavy agriculture work bringing little return to a boy working in the community of origin, a forced marriage arrangement for a girl, or impossibilities of accessing school education or training while remaining at home. Children also move to escape abuse (which has gone unnoticed or unstopped) within the family and/or community. In other cases, these migration plans are considered by the child and his/her community to be part of the young person’s growth and development process, as well as an experience to mark the transition from childhood to adulthood. Whilst demonstrating that mobility can be positive for the child, the publication also identifies a high level of vulnerability among these children. The document ends with a set of recommendations from State and non-State actors, at national and regional level. The eight organizations behind this study are currently working to disseminate the findings and implement recommendations.

RISKS AND OPPORTUNITIES FOR CHILDREN ON THE MOVE For many children on the move, leaving their home communities promises thus the chance of a better life, an escape from poverty, abuse, violence or conflict and the opportunity to access jobs, education and basic services. The 2009 Human Development Report shows that most families who migrate, both internally and internationally, reach significant gains by moving, in terms of income, access to education and health and improved prospects for their children3. The multi-agency research conducted on children on the move in West Africa reflects also some children’s motivation and expectation from the migratory process. “The school education is insufficient and even [non]existent in certain parts of the territory, especially in rural areas. After receiving the exams to enter the 6th class, I left to a town 15 km from my village.”4 “As the others said that they go to Mandagara to return with a bicycle, I also decided to leave to come back with a bicycle.”5

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“My situation was improved because I could pay for a bull and sheep. If I wouldn’t have left, I would have never had all these cattle. According to Bamana [a community group], you never make that much without moving.”6 However, once children move against their will, and /or in absence of protection services and actors, they become highly vulnerable to worse forms of child labor, exploitation and other abuses, either during their trip, or once they reach the new destination. The age and development of the child as well as the conditions of the journey are all factors influencing the level of risk for the child. The route can be long and physically exhausting for the child. In many circumstances children on the move lack the previous protection ties with their family and community. On this way, the child can come across and start trusting older children or adults who end up abusing and exploiting him or her. When the migration involves crossing borders illicitly, the child also faces the risk of being tracked down by the police and depending on the country’s legislation, ending up in detention and/or being deported. In any case, the irregular character of the migration process limits the access the child is likely to have to support and services on the way and after reaching a possible destination. For the last four years Terre des Hommes has been implementing a project aiming at assisting migrants from Sub Saharan Africa in Morocco. The main countries of origin of the migrants include Ivory Cost, Nigeria, Democratic Republic of Congo and Iraq. Many of them are girls under 18 years old. When they arrive in Morocco, they are often pregnant or already young mothers of a child who was born on the way. There is no man coming along with them. Most of the girls claim to have gotten pregnant as a result of sporadic sexual relations with adults they trusted on the way or as result of rape. All of them aim to transit quickly through Morocco and reach a Member State of the European Union. Instead, most of them would remain for years in an irregular migration situation in Morocco, facing various obstacles in reaching even basic services. For example, even though, in legal terms, the irregular migration status does not hinder the women from receiving emergency health care at a public hospital, most of the migrant girls would refuse to deliver in a hospital due to their fear of being arrested and deported. Instead, they prefer delivering at home, counting on the support of other migrant girls. They are ready to face health consequences for themselves and the baby, often of a life-threatening nature. In another setting, in Lampedusa, Italy, Terre des Hommes implements another project aimed at protecting migrant children. Just during the period of January through September 2011, the project registered 2692 children arriving among the migrants. Every time there was a new group of migrants reaching Lampedusa, approximately 5 % of them were under 18 years old. Most of the children were boys between 14 to 18 years old. A small percentage (around 0.1%) was girls. The authorities and existing services in Lampedusa were unable to offer the required protection to the children. They were placed in common spaces with adults, lacking thereby the necessary privacy and protection. Hygienic conditions in these common spaces were, overall, poor, while available health and psychosocial support was far from adequate. There were different reported incidents of violence and allegations of sexual abuse with no procedure of follow up by the authorities in charge. Even in countries where before foreign unaccompanied children could benefit from access to services of adequate quality, today, the continuation of such services is under question as a result of the financial crisis that resulted in cuts to social welfare systems. There is also an overall increased xenophobia against foreigners including children. In its General Comment No. 6 on the treatment of unaccompanied and separated children outside their country of origin, the Committee on the Rights of the Child describes the situation as follows:

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“…unaccompanied and separated children face greater risks of, inter alia, sexual exploitation and abuse, military recruitment, child labor (including for their foster families) and detention. They are often discriminated against and denied access to food, shelter, housing, health services and education. Unaccompanied and separated girls are at particular risk of gender-based violence, including domestic violence. In some situations, such children have no access to proper and appropriate identification, registration, age assessment, documentation, family tracing, guardianship systems or legal advice. In many countries, unaccompanied and separated children are routinely denied entry to [countries] or detained by border or immigration officials. In other cases, they are admitted but are denied access to asylum procedures, or their asylum claims are not handled in an age and gender-sensitive manner. Some countries prohibit separated children who are recognized as refugees from applying for family reunification; others permit reunification but impose conditions so restrictive as to make it virtually impossible to achieve. Many such children are granted only temporary status, which ends 7 when they turn 18, and there are few effective return programs.”

RECOMMENDATIONS In Terre des Hommes’ view, a lot should be improved in ensuring the protection of the rights of unaccompanied migrant children, in their places of origin, on the way, once they reach a destination and if returned back to their place of origin. In the places of origin, efforts should aim towards creating real opportunities for the children and their families. Truthful economical opportunities for the family, as well as prospects of youth employment in the places of origin, would prevent some children from leaving and especially from leaving at a very early age, when not ready to face the risk linked to the movement. In places of origin, children should also be able to enjoy their right to education, leisure activities and development, which means ensuring accessible and qualitative education as well as sport and leisure opportunities for the children as well as other activities which help them discover the world, develop further their character and, at the same time, learn how to contribute to society. The national system of child protection in the places of origin needs to be further enhanced so that children would not leave due to fear of experiencing violence and abuse. Whether or not all of this can be achieved, and considering the timeframe implications, it becomes crucial to discuss safe migration opportunities with the community and the children. Still more needs to be done to better prepare children to identify risky situations while on the move or in a new place (being it either a transit or destination place) and how to deal with them. Strengthening children’s capacities as agents in their protection remains a must. Stakeholders need also explore existing forms of peer-to-peer support while on the move or in a new destination as well as how to build upon that. Children and families should also benefit from further support in being able to maintain the links even though they are physically separated. Protection and support services in places of origin should be linked to those the children receive while on the move and once reaching the new destination. There should be a continuum of care and linkages between the different territorial systems of protection. Any child should be able to access the services required wherever they are and regardless of their nationality or habitual place of residence. This requires informing the child about existing services as well as ensuring the existence, accessibility and quality of such services. The State’s will and obligation to respect the rights of the child should be translated in further measures of addressing xenophobia and discrimination against foreigners on all levels. Detention and deportation practices of unaccompanied minors due only to their migration status should be brought to an end as clear violations of the Convention on the Rights of the Child.

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The best interests of the child are to be the primary consideration in every measure undertaken. As stated by the Committee on the Rights of the Child: “In the case of a displaced child, the principle must be respected during all stages of the displacement cycle. At any of these stages, a best interests determination must be documented in preparation of any decision fundamentally impacting on the unaccompanied or separated child’s life.”8 And in order to ensure such a best interests determination, as elaborated in article 12 of the Child Rights Convention, the views of the child should be elicited and taken into account. We all have still to learn from children on the move, of why they move, the risks they face and how they could be prevented, as well as on the opportunities they seek and how we could help them realize such opportunities.

Endnotes: 1. 2.

3. 4. 5. 6. 7.

Jack A. Goldstone, The New Population Bomb The four megatrends that will change the world, in ‘Foreign Affairs’, Jan/Feb 2010 Olivier Feneyrol, Quelle protection pour le enfants concernés par la mobilité en Afrique de l’Ouest, AMWCJ, Enda Jeneusse Action, Plan, Save the Children, Tdh, ILO, Unicef , IOM, 2011, available at: http://www.terredeshommes.org/pdf/publication/201201_tdh_projet_ mobilit_fr.pdf UNDP, Human Development Report 2009; Overcoming barriers, Human mobility and development (2009), p.5 Boy 13 years old from Ivory Cost, op cit, Feneyorol, note 2, above Ibid, boy 13 years old, Burkina Faso Ibid, boy 14 years old from Mali 2005 General Comment No. 6, Treatment Of Unaccompanied And Separated Children Outside Their Country Of Origin, UN Document CRC/GC/2005/6, accessed at http:// tb.ohchr.org/default.aspx?Symbol=CRC/GC/2005/6 Ibid, CRC 2005

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Immigration regimes in Southeast Asia: impacts, costs and issues Institute of Asian Studies, Chulalongkorn University, Thailand

Supang Chantavanich ABSTRACT Immigration in the Southeast Asian region took place many decades ago when no official boundaries existed and crossborder migration was not a known issue. Chinese labourers were sent into Malaysia and Thailand to work as waged workers in the mining industry and on the construction of water and land transportation routes in 19th Century. Indonesian workers were also employed in the rubber plantation in Malaysia. At the end of the 20th Century, new waves of immigrant workers from Myanmar, Cambodia and Laos came to be labourers in Thailand. Countries like the Philippines, Malaysia, Vietnam and Thailand also sent their nationals to work overseas, making Southeast Asia one of the highest human mobility hubs in the world. Immigration regimes in the region have emerged within such context. Focusing on the impacts, costs and issues of immigration with special reference to the family will be the theme of this paper. I will discuss the various impacts of immigration on both sending and receiving countries as well as address the related issues.

http://dx.doi.org/10.5339/ qproc.2013.fmd.17 ÂŠ 2013 Chantavanich, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Chantavanich S. Immigration regimes in Southeast Asia: impacts, costs and issues, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi. org/10.5339/qproc.2013.fmd.17

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INTRODUCTION: IMPACTS AND COSTS OF IMMIGRATION We can identity two major types of impacts, i.e., the impact on place of origin and the one on destination. Impacts on place of origin include brain drain, feminization of labour, impacts on family, remittances and recruitment costs. Each of them will be discussed separately. Brain drain is an issue in countries of origin like the Philippines where more than 8 million of their population emigrate overseas for employment. Figure 1 shows the proportion of Filipinos who are employed at home and abroad by level of education.

Figure 1. Filipinos employed at home and abroad by educational attainment Source: Alburo and Abella. Skilled Labour Migration from Developing Countries: Study on the Philippines. ILO. 2002. It is obvious that those with a college education are the biggest group of workers employed abroad. As a result, the most educated people are not contributing to the development of their own country, while those who stay are less skilled. Feminization of labour migration is another characteristic of some Asian countries. An increasing number of women who migrate for work can be observed in Indonesia, the Philippines and Sri Lanka. In the Philippines, 46% of 4.8 million migrant workers are female while 68% of the 2.55 million Indonesian and 75% of the 1.2 million Sri Lanka migrant workers are women. The significant number of female migration has an impact on family in country of origin. Studies in places where women migrate for work indicate both positive and negative impacts of female migration. In Indonesia, womenâ&#x20AC;&#x2122;s family finance improves a lot especially in cases where the woman migrated to work in Saudi Arabia. However, negative impacts seem to be more significant; women leave at an early age (under 21) making them vulnerable. There were cases of abuse, harassment and torture by employers, and women have health problems because of poor working conditions. Impacts of emigration on a migrantâ&#x20AC;&#x2122;s family are significant. Research indicated both positive and negative consequences but negative ones are more obvious. Negative impacts include family disruption, distant family relationship or lack of closeness, and husbands of female migrants entering into gambling, drinking and womanizing (Sukamdi 2001). Kannika (2001) also mentioned cases of divorce and separation among Thai migrants, and there were cases of pregnancy while living abroad as well as abortion. However, those people could make use of their social network to help solve family problems. Some Filipino migrants

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learned how to keep better family relationships and parenthood transnationally, leading to strong ties and closeness within family (Asis 2001). Another type of female migration that is not directly related to family, but shows an increasing trend, is marriage migration. Starting from female migrants entering into Europe as guest of their European boyfriends (mainly Germany and the Netherlands), the flow become a mail-ordered-bride business, which mixes in with transnational prostitution and sex trafficking. Recently, Southeast Asian young females are invited to get married to Asian men, e.g., Vietnamese girls marrying Korean men. Recruitment cost has a profound impact on migration for employment. Since demands for overseas jobs increase steadily, recruitment services have become a profit-making business whereby many licensed and non-licensed recruitment agencies are offering services. Job seekers from Southeast Asia have to pay a high recruitment fee. For example, Thai workers who want to go and work undocumented in Japan need to pay as high as US$ 16,600 for a job with no work contract. Korea and Israel are two other popular destinations where migrants pay US$ 5,000 in recruitment fees. The costs become higher when host countries increase their restrictive immigration regulations resulting in workersâ&#x20AC;&#x2122; dependency on recruitment agencies to overcome such restrictions, sometimes by using irregular methods to travel and work in a destination country. Table 1 shows recruitment costs in Bangladesh and Thailand.

Recruitment costs (US$) Bangladesh to Saudi Arabia (male)

4,000-5,400

UAE, Libya

2,700-3,400

Qatar

2,700

Thailand to Japan

16,600

Korea

5,000

Taiwan

3,300

Singapore

2,600

Israel

5,000

UAE

3,300

Table 1. Recruitment costs (in US$) in Bangadesh and Thailand Source: Tasneem Siddhiqui. Bangladesh. 2011. ARCM. Thailand. 2012. Remittance constitutes another significant issue in the country of origin. Workers go for overseas job with the intention to have income, some savings and to send remittance back home. Workersâ&#x20AC;&#x2122; family and households receive such remittances and use them for various purposes: buying new plots of land, repairing homes, investing in some family business, spending for childrensâ&#x20AC;&#x2122; education, or just using it for household daily expenses. Ten Asian countries received a remarkable amount of remittances in 2010. In billions of US Dollars, China (51.0), Philippines (21.3), Vietnam (7.2), Indonesia (7.1), Thailand (1.8), Malaysia (1.6), Cambodia (0.4), Mongolia (0.2), Myanmar (0.2) and Samoa (0.1) all reaped significant financial benefits from migrant remittances (World Bank, 2011). This contributes to national revenue as a percentage of GDP. Asian countries that received high amounts of remittance in relation to GDP in 2011 are the Philippines (11.7%), Vietnam (7.01%), Mongolia (4.6%), Cambodia (3.0%), Indonesia (1.3%) and China (1.0%). It is obvious that remittance becomes an important source of national revenue for many countries. However, World Bank statistics on remittances only reflects the transfer of money through formal channels

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like banks. An unknown but high amount of remittance is also sent through informal channels like middlemen, brokers and agents.

IMPACTS ON PLACE OF DESTINATION Once immigrants are in host countries, various impacts will emerge, i.e., increasing dependency on foreign workers, economic gain due to ample labour supply, immigrant settlement and community, welfare and protection programs and initiatives addressing the issue of child immigrant. Here, we will discuss impacts that are most relevant to the focus on family. Migrant’s settlement and attempts to become long-stayers are well recognized in most destination countries. First, immigrants have a tendency to stay near each other due to their existing networks in host countries. Preferably, they want to stay as family units rather than as individuals. Such settlement is advantageous for them because they can benefit from the social networks in their daily life, e.g., use of their own language in most communication channels, send children to a day care center or schools, purchase products like food and other materials imported from their country of origin. This leads to the emergence of an immigrant ethnic enclave or community (Massey et al. 1993). On the host country’s side, its segregation policy for immigrants in its urban planning may exist or not depending on the awareness of local government. In a mixed settlement pattern, sometimes, social tension can be sensed by local people who live near migrant communities and this leads to what we call “native unease,” as in this example: “Sometimes discontent may arise from rather more symbolic changes to the built environment. In the Berlin district of Pankow, residents rebelled against plans for a mosque, which was finally built despite years of opposition. It’s a relatively modest building, hidden behind a Kentucky Fried Chicken, but the people involved in the protest— whom the mayor of the borough describes as predominantly moderates—are convinced the new house of prayer won’t be of any benefit to their neighbourhood.” (Paul Scheffer. Immigration Nations. 2011)

Immigrants in receiving countries always need some kinds of social protection, especially healthcare, education for children and housing. Most host countries in Southeast Asia do not provide free healthcare service and education to migrants with no legal status. In Singapore, immigrant workers are not allowed to marry either local or immigrant partners—female migrant workers who get pregnant will be sent back home. In Thailand, undocumented migrant workers have limited access to free medical service and the universal healthcare scheme. But all children can go to local schools or to learning centers established by NGOs or by migrants themselves. None of them can benefit from the national low-income housing scheme (Chantavanich and Vungsiripaisal 2005). Many United Nations conventions ILO conventions addressing the disadvantaged status of immigrants are not ratified by all Southeast Asian nations. The last impact on host countries is the existence of a significant number of child immigrants and the challenge that lies in the protection of such a group. Some of them became child workers, and those under the worst form of child labour were vulnerable to exploitation. In a coastal province of Thailand, where immigrants outnumber the local population, 70 percent of children who are working in the province are migrant children. Those under the worst form of child labour suffered from dangerous working conditions, carried heavy loads, and faced a lack of work safety equipment and excessively bad treatment by employers and supervisors

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(included scolding, beating and forced overtime). A percentage of (6-24%) migrant children are under such conditions according to a case study in Thailand (Chantavanich, et al. 2007). Access to schooling is also limited. Many children preferred to work than to go to school because they could earn income.

ISSUES IN THE IMMIGRATION REGIME: A NEED FOR PROTECTION POLICY As immigration in the ASEAN region becomes more widespread, there is an increased focus on the protection policy of migrants. Three areas of such policy cover genderized work and the family, family reunion and child immigration. Indonesia, the Philippines and Sri Lanka send their female workers into the global labour market because of some market preferences. Such preferences can be both positive and negative to women. They can be selected by employers because of their gender qualities, but they can also be vulnerable. Genderized work translates as jobs that require female qualities to fulfill, e.g., caring, special attention, perseverance, refinement. Asian women are selected into genderized work as described by Castles and Miller: Asian female workers are considered as docile, obedient, willingness to give personal service employed in a “typically female job”, domestic work, entertainment, restaurant and hotel staff, as well as assembly-line work in clothing and electronics. (Castles and Miller 2009)

Asian female workers certainly have to leave their family at home. Issues lie in the many questions such as: Who will look after children? Who will do the housework? How will husbandwife and mother-child relationships be affected by female migration? It is essential for the immigration regime to protect the family institution around female workers at the stages before, during and after their mobility. A closely-related issue is family reunification. Migrants, both male and female, should be assisted and encouraged to have family reunions, either in host or destination countries. Many international laws and family reunification rights confirm such needs, for example: • CRC 1989 art. 9 “Child’s Right to Family Reunification” • ICPRMW 1990 art. 44 “Protection of the Unity of the Families of migrant workers” • ASEAN’s “Declaration on the Protection of Migrant Workers” ILO conventions also address the issue of family, children and genderized work as follows: • C 143: Migrant Workers (Treatment for Worker and Family) 1975 • C 156: Workers with Family Responsibilities 1981 • C 182: Child Labour • C 189: Decent Work for Domestic Workers At the regional level, the ASEAN Declaration on the Protection of Migrant Workers indicates the responsibility of both receiving states and sending states in protecting migrant workers, but no specific section outlines the plan around female and child migrants or family reunification. The region seems to express a lack of readiness to address such issue. Child workers in the last issue challenging the immigration regime globally. As children are easily controlled, receive lower wages, typically lack awareness of their rights and are eager to earn income, employers can be very exploitative. Families can protect children to a certain extent. But the major protection mechanism must come from the host countries and their respective civil society groups. In Thailand, most cases of police raids into the work places where child workers were employed resulted from telephone calls made by people who lived near the factories

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(Yanyongkasemsuk and Jitpong 2010). This confirms a need for consolidated efforts of the state and civil society to protect vulnerable migrants in the immigration regime.

REFERENCES •

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Abella,Danilo I and Florian A Alburo. Skilled Labour Migration from Developing Countries:Study on the Philippines. International Migration Programme .International Labour Office Geneva 2002. Angsuthanasombat, Kannika. Thailand. in Christina Wille and Basia Passl (ed.), Change&Continuity :Female Labour Migration In South-East Asia.Bangkok,Asian Research Center for Migration (ARCM),Institute,Chulalongkorn University,2001. Asis, Maruja M.B. Philippines. in Christina Wille and Basia Passl (ed.), Change&Continuity :Female Labour Migration In South-East Asia.Bangkok,Asian Research Center for Migration (ARCM),Institute,Chulalongkorn University,2001. Brownlee, Patrick Abdul Haris and Sukamdi. Labour migration in Indonesia: Policies and Practice. Yogyakarta:Population Studies Center Gadjah Mada University, 2000. Castles,Stephen and Mark J Miller. The Age of Migration. Hart Publishing, Oxford, 2010. Chantavanich, Supang and Premjai Vungsiriphisal. Bangkok, Thailand: Need for long-term national and Municipal policies. in Marcello Balbo (ed.), International national migrants and the city. United Nations Human Settlements Programme (UN-HABITAT), Italy, 2005. Chantavanich, Supang and Ratchada Jayagupta. Thailand: Immigration to Thailand: The case of migrant workers from Myanmar, Laos and Cambodia. in Immigration worldwide, Policies, Practices and Trads.Oxford Univerity Pess, 2010. Chantavanich,Supang, et al. Assessing the Situation of the Worst Forms of Child Labour in Samutsakhon. Asian Research Center for Migration (ARCM), Institute of Asian Studies, Chulalongkorn University, 2007. Florian A.Alburo and Danilo I. Abella. Skilled Labour Migration from Developing Countries Study on the Philippines. , ILO, 2002. International Organization for Migration. International Law and Family Reunification. [Online]. Available:http://www.iom.ch/jahia/Jahia/about-migration/developingmigration-policy/migration-family/international-law-family-reunification. Massey, S. Douglas, et al. Theories of International Migration: A Review and Appraisal. in Population and Development Review 19, No.3 (September 1993). USA, 1993. Scheffer,Paul. Immigrant Nations. Polity Press, 2011. Siddiqui,Tasneem and Motasim Billah. Labour migration from Bangladesh 2011 achievements and challenges. RMMRU, 2012. Sukamdi, Setiadi, et al. Indonesia. in Christina Wille and Basia Passl (ed.), Change&Continuity :Female Labour Migration In South-East Asia.Bangkok,Asian Research Center for Migration (ARCM),Institute,Chulalongkorn University,2001. Tigno, V Jorge. State , Politics and Nationalism Beyond Borders Changing Dynamics in Filipino Overseas Migration. Philippine Social Science Council, 2009. Yanyongkasemsuk,Rungnapa and Waranya Jitpong. Migrant Child Labour: Solutions and Legal Protections. Asian Research Center for Migration (ARCM), Institute of Asian Studies, Chulalongkorn University, 2010.

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Strengthening respect for family life and family unity in migration policy-making1 Head of Policy, International Catholic Migration Commission

John K. Bingham INTRODUCTION Civil society, international organizations and governments have invested much in looking at issues of feminization of migration (i.e., women migrants), child migrants, migrant workers, etc. While absolutely proper subjects for urgent attention and change, too much of the discussion of immigration has become atomized, neglecting the further reality that these men, women and children are also members of families split across borders. International migration separates untold millions of families—for years, for decades, some forever. How many people does this involve? Just considering cross-border migration alone, the UN counts 214 million men, women and children outside their country of birth for more than one year. Many have spouses, children, parents or brothers and sisters “back home”2. So, in fact, the figure is quite truly 3 or 4 times 214 million, i.e., more than one in 9 human beings on the planet in families directly affected by international migration. There is a need to challenge the assumption (or any mistaken impression) that the conversation on the unity of families with migrant members is happening anywhere with appropriate seriousness or regularity. It’s not.

http://dx.doi.org/10.5339/ qproc.2013.fmd.6 © 2013 Bingham, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

For example, there are various international agencies responding to people on the move—for refugees, migrants, and labour. There is also deep engagement by UNICEF [and] UN Women. But no UN Family. And while family issues are often transversal across many of these agencies, it bears asking if “family,” as a distinct value—and frequent victim—in contexts of human mobility and migration, suffers the fate of many cross-cutting issues: dismembered, diminished, fading into only occasional reference. That seems evident in the table of contents of a book published by 13 UN organizations and the International Organization for Migration on the 60th anniversary of the Universal Declaration of Human Rights, entitled International Migration and Human Rights3. In the chapter “Challenges of Protecting the Human Rights of Migrants”, there are units on irregular migrants, female migrants, migrant children, migrant workers, refugees, smuggled migrants and victims of trafficking, and migrants in detention. No unit on family. Even within the five years of the relatively new Global Forum on Migration and Development, family as an issue for attention in its own name has emerged only erratically, just recently with meaningful emphasis, and even then only in civil society deliberations4.

Cite this article as: Bingham JK. Strengthening respect for family life and family unity in migration policy-making, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.6

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EVIDENCE-BASED PROPOSITIONS Raising family in the migration discourse Immediately then, a starting and over-riding first proposition: it is time for a “family-ization” of the migration discourse; time to overcome the strange block from talking at international and regional levels about the wholeness of the family unit in cross-border migration and mobility— not only about the universal right to respect for family life but about the common sense and common good involved as well. Three snapshots help to center our reflection upon the dignity of the lives and stories of families themselves. These are real stories. First story: A Filipino home healthcare worker moves to the US to work for a better life for her family back home. She works twelve years without papers, sending money home to her husband and two kids, who she is unable to visit over those twelve years. She is not even able to return for the funeral of own mother. Her marriage breaks up. Finally she gains legal working and residence status is a broad legalization programme for migrants. Second story: A Peruvian couple in France. He works in construction; she as a domestic worker. They left Peru because there was no hope for adequate work back home to support themselves or their families. Though they have a temporary working permit in Spain, neither is authorized to work in France. Their six year-old son cannot join them, lacking authorization for Spain as well as France, and is being raised in Peru by her mother. The couple sends money home, but both are concerned that it is not the right way to take care of their son. They sneak home to visit after two years apart and consider sneaking their son back to France irregularly. Third story: A Bangladeshi man works in a hotel in a Gulf country to support his family back home. Because he has only a temporary working permit, his wife and three small kids at home are not entitled to join him. He sends money home, first to pay back the debt he had incurred to migrate, with the leftover for their support. Over the years, however, loneliness leads to despair, causing problems for him and his work. He returns after nine years of separation from his family. Years later he and his family continue to suffer effects of that separation. All three stories involve workers, all low- to mid-skilled, and all in, at best, “temporary” work situations for years5. Of course, not all migrant stories are filled with such struggle. Nor are these stories filled only with struggle: migration offers significant, life-changing and, at times, life-saving benefit to countless individuals and families worldwide. In fact, the stories underscore one of the great paradoxes in contemporary migration: Migrants by the millions feel compelled to leave their families in order to support or save them, and remain separated for years. As a contribution to evidence-based discussion and policy-making, these stories represent millions of families. In particular, such evidence raises the question, not what is wrong with the migration itself, but what can be done about the separation, especially long-term; what can be done about remediating pervasive de-unification of families?

Family unity: Cause and victim of migration The scale of this phenomenon is encapsulated by the second proposition, as one of our members has observed: “Under current systems of migration law and governance, international migration is one of the biggest threats to family unity in the world today.” To be clear, this is not a suggestion that all family members migrate in all situations where one of its members lives or works abroad. The decisions that families and migrants commonly make—that is, common experience—as well as common sense and common good, tell us

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otherwise. For employment that is short or medium-term, including seasonal work, more sensible options include mobility, family visits and communications, not migration per se. For employment and residence that is genuinely long-term however, not just mobility but migration should be a regular option for at least immediate family members (spouses, children), especially in families with minors. Working on the ground with migrants and with members and partners around the world, our organization sees all too well what happens when laws ask people to choose between compliance and the unity of their families. What is surely plain for all to see are the terrible risks and abuse that migrants and families face in irregular migration when the law unrealistically says “no” to legal reunification: deaths and disappearances at sea, in deserts and on so many other borders that the desperate travel across … unaccompanied women and children; the exploitation and enduring trauma in the smuggling and trafficking of vulnerable human beings. Without endorsing either irregular migration or open borders, these realities offer additional reason to recognize that it is more the laws that are wrong and need to change, not the people migrating.

Family unity and human dignity Indeed, a third proposition follows, often articulated by UN High Commissioner for Refugees António Guterres: If they believe that it is necessary to support their families, people will migrate legally if they can, illegally if they have to. The same is true for re-uniting their families. If there are no legal channels, or the legal channels require a wait of years or decades, people will migrate illegally to unite their families—often incurring great debt and risk of abuse at the hands of recruitment agents, human traffickers, criminals and rogue officials. If caught, many will try again and again in order to help or rejoin their families. The evidence is longstanding and unequivocal in this regard, worldwide. The drive for family unity is profoundly human, and as such, its pursuit constituent to human dignity. More than rights per se, and not a social construct, “dignity” is rooted in human nature, defined as the essential worthiness of each man, woman and child to respect as a human being, including respect for the freedom to make choices consistent with human nature. For serious consideration of the “dignity” of individuals and the family in migration, it is important to reexamine the issue of “choice” in family migration. For so many millions, is there really a “choice” to stay together, either at home or migrating? As a first matter, people and families should not “have” to migrate. The first right is to remain in one’s country if the person so chooses. In reality however, the evidence increasingly suggests that, especially for lower- and mid-skilled workers, much international migration—and family deunification—is a non-choice, i.e., forced, or even a double and triple non-choice: • Family members forced to migrate (or re-migrate) because of no decent work or prospects at home compared to somewhere else; • family members forced to stay apart because of migration-related debt, family reliance on remittances, and lack of rights to family (re)unification; • family members forced to migrate irregularly, and work irregularly, for lack of legal channels to unite. The prevalence of these forces point to the need to animate genuine alternatives to involuntary migration with greater development and employment in countries of origin (a challenge that is beyond the scope of this paper), and at the same time, visa and immigration laws that support family unity in countries of destination.

Challenging, unnecessary separation The fourth and final proposition then is that the real question is not to simply add up and compare negative and positive effects of international migration on families, but to challenge

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any assumption that this current, law-based, systematic—if unintended—dis-integration of family is necessary, fair or healthy, for the migrants themselves, their families, or the societies in countries of origin and destination. In fact, the challenge is to return to the starting point to raise up and strengthen the basic, internationally recognized right to respect for family life.

DISTINGUISHING THE RIGHT TO RESPECT FOR FAMILY LIFE AND THE RIGHT TO FAMILY REUNIFICATION Rights and law The right to respect for family life is one of the first rights listed in the Universal Declaration of Human Rights, repeated in multiple widely-ratified international conventions6. Adopting or paraphrasing the words of the Universal Declaration, the conventions broadly recognize that family is “the natural and fundamental group unit of society and is entitled to protection by society and the states.”7 Strictly speaking, however, the right to “family life” is not identical to “family reunification”. At the international level, only two conventions and their related applications posit family reunification itself as a right for those they cover: the 1951 Refugee Convention8 and the Convention on the Rights of the Child (CRC)9 . Even the 1990 UN Migrant Workers Convention, whose full name—the International Convention on the Protection of the Rights of All Migrant Workers and the Members of their Families—and substantial content speak specifically of family members quite conspicuously shies away from articulating an express “right” to family reunification10. In that regard then, it is little surprise that national laws and policies favour granting family reunification as a right to refugees much more than to other migrants. That is not to say that states always grant family reunification to refugees11 , or that they routinely refuse it to others. Rather that, particularly in cases involving non-refugee migrants and members of their families, it is largely up to the states themselves to determine whether, who and under what conditions to admit on grounds of family reunification, as sovereign acts of discretion rather than international rights obligation12.

PRACTICE Whatever the law or limits, in practice, a significant percentage of the total migrants that many states admit actually enter on grounds of family reunification. However, states’ laws and policies vary greatly and currently are in unprecedented flux, especially with a proliferation of new and substantially more difficult procedural requirements, such as pre-admission language ability, civics testing, fees and even DNA testing13. On appealing to courts for reunification in a specific state as their right, non-refugee migrants more typically lose out to respect for the right of states to determine who enters and stays there. The basic logic is that a non-refugee migrant is not “free” to “choose” the place of his or her family’s residence outside their country of citizenship. There is, however, a body of jurisprudence growing—if slowly—in this regard, both at international and regional levels. In particular, the UN Committee on the Rights of the Child (which monitors compliance with the CRC), the UN Human Rights Committee (monitoring compliance with the International Covenant on Civil and Political Rights) and the European Court of Human Rights have all issued important interpretations of family reunification14. Such interpretations and case laws have most distinctly cited two grounds to grant family reunification and even prevent deportation:

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there is an “insurmountable objective obstacle” to the family member separately staying in or returning to the other country, e.g., persecution or other rights abuse that trigger non-refoulement-type obligations15 , or continued separation is manifestly unreasonable, e.g., involving extreme hardship for children or other family members and/or given longstanding ties to the country in which they wish to join or remain with family16.

POLICY TRENDS THAT THREATEN FAMILY UNITY IN MIGRATION CONTEXTS The rise, worldwide, of economic utilitarianism Elements of this trend include workers increasingly being valued merely as “units of labour”. The language of labour migration is itself becoming increasingly dehumanized—at times inadvertently, but often exaggerating the positives, masking important negatives and/or justifying various policy choices and outcomes. Not only among policy makers but in academic study and stakeholder convenings, terms such as “labour export”/“labour import”/“labour assets” and “human capital formation” reinforce an image of labour without people17. How far from the language of “family” and “unity”! And as real and as important as some of the underlying phenomena may be, great care must be taken with newer terms, such as “substitution circles” and “triangles of care” for children and other family members back home, which, lacking balanced by complete articulation or perspective, can compound the priority given to the image of the migrant working simply as a unit of labour, abroad, alone, away from his or her spouse and children for years. Utilitarianism is turbo-charged by the convergence of demographic imbalances and globalization, with low-birth industrialized countries structurally relying on foreign workers to fill many of their labour and social security revenue shortages and countries of origin structurally relying on remittances from their nationals working abroad. Among the industrialized countries, policy and practice have broadly turned to offering more and more “temporary” work schemes, de jure, without family and other rights, even for foreign workers manifestly engaged, i.e., de facto, in long term employment18. Among countries of origin, labour markets overseas are at times a substitution for domestic-generated employment, development and political reform. In such circumstances, migrants and their families are subject to the enormous economic interests of their countries of employment (which gain workers) and origin (which gain remittances), so much so that they can become hostages of a system that induces their separation. In this respect, for example, a national reliance on overseas jobs and remittances is actually a threat to reunification of families.

The power of false oppositions The collision between the reliance on foreign workers and local politics in industrialized countries has generated growing “zero sum” rhetoric for immigration quotas, often expressed as: in order for essential labour migration to be brought up, family migration must be brought down. In essence, labour vs. family. Not only certain media but top political leaders in England and France, and in the former US administration, have been vocal in this direction19. A similar conflict has arisen among highly-skilled and medium- and lower-skilled workers, even in economies that have demonstrated a clear, structural (long-term) need for a range of skilled workers. Finally, in perhaps the most toxic of oppositions, certain media, political parties and even formal government programmes increasingly pit immigrants as a whole against notions regarding the preservation of national identity and integration. The rise of extremist anti-

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immigrant parties, xenophobia and violence against migrants, and social cleavage are further cause and consequence of this juxtaposition.

Dismembering family (un-remembering universal rights, common sense and common good) Even where national laws provide opportunities for reunification in migrant families, there is wide enactment of more and stricter pre-conditions, such as pre-admission language and other testing for “integration criteria”, minimum sponsor income levels, high fees and even DNA evidence20. At best these pre-conditions exacerbate common procedural delays in the reunification of families, not infrequently adding years to the separation. More subtly, not only in policy and practice but also in research and discourse, there has been a certain institutionalization and idealization of migrants working abroad without families. This hinders reflection that needs to go beyond simply excusing and/or mitigating the negative effects of separation on spouses and children that remain in countries of origin. It is essential to consider questions that appeal to notions of common sense and the common good, like: • What healthy models or vision exists for “transnational families”? • Who is pushing what model of transnational family, migration or mobility, and why? Here it is important to beware of societies and families coming to define migration as an economic imperative, with the human person and his or her family completely at the service of the economy. • What lesson—what value and vision of his or her future family—does a child learn when his or her own family is broken by migration, especially when the migration is forced? • How do societies achieve integration, social order, stability and cohesion with or without policies supporting unity of migrant families, and how, if at all, do such policy efforts and results differ with respect to short-term and long-term migrants? • What aspects, if any, of current systems may have to change? For instance, migration with neither family (re)unification nor practical opportunities for communication, visits or other mobility options that help family members keep connected?

Disproportionate enforcement–first and enforcement-only approaches Law enforcement processes of all kinds have direct impact on the unity of families with migrant members, both before and after migration. While states by right have wide latitude to manage their borders and immigration, the manner in which they do so can have dramatic and at times quite universally undesired consequences. For example, as immigration policies continue to harden virtually everywhere and enforcement capacity increases, laws that provide family members less and less legal channels to (re)unite leave no alternatives except life-threatening forms of migration21. Indeed, there has been a steep rise in the number of laws criminalizing irregular migrants, including family members trying to join or stay together. Even migrant spouses and parents of citizen children are being deported with increasing regularity. A growing body of research shows that enforcement-first approaches and the criminalization of irregular migrants markedly increase the vulnerability of migrant individuals and family members, regardless of their immigration status—as well as whole communities and countries— to dangerous xenophobia, social division and unrest22. More and more in recent years, enforcement approaches have also been reaching into social service and civil justice systems, whether intentionally or not, operating as a kind of survival deterrence. Systemic denial of access to the most basic health services, education and justice,

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and/or laws requiring the reporting of undocumented migrants in such situations effectively deter not only undocumented migrants but also the citizens and legal migrants in their families.

RECOMMENDATIONS FOR RE-VALUING FAMILY UNITY IN MIGRATION POLICY-MAKING Talking and working together, civil society organizations, international agencies and governments need to: 1.

Raise family—the whole family—for priority discussion of international migration. This begins with affirming that, inherent to the universal right to respect, family life is the right, common sense and common good of family unity. As is often the response to such a recommendation, of course “more research is needed.” But immediately and first, more conversation, voice and insistence is needed, not delay. The conversation, voice and insistence will drive the research. In particular, the powerful voice and role of religion and faith-based groups of all kinds should be mobilized in this direction. As emphasized in the conference that the Doha International Institute organized on “Empowerment of the Family in the Modern World” in January, 2010, “all the major religions of the world have consistently focused on the importance of the family unit and family cohesion as a first and essential step towards protecting the children and the moral fabric of society.”23 Indeed, as the Holy Father Benedict XVI has expressed, the Church is committed “not only in favour of the individual migrant but also of his family, which is a place and resource of the culture of life and a factor for the integration of values.”24 In 2013, the second High Level Dialogue on International Migration and Development at the UN General Assembly, and in 2014, the 20th anniversary of the International Year of the Family provide auspicious occasions for new voice and energy. 2. Challenge aggressively the assumption that systemic de-unification of families in migration can be anything but unhealthy for migrants, their communities, and countries to and from which migrants move. It seems important to ask in so many of these circumstances: how necessary is such separation really, especially long-term? Examine the reality of choices that people and policies make in contemporary migration. Rather than automatically assume that the separation of so many families is either a “given” or a consequence of their voluntary decision to migrate, it is time to look more closely at the so-called “choice” of families in migration. For many millions of families, do they really have a “choice” to stay together, either at home or migrating? It is also time to look hard at practical alternative policy choices that can better respond to states’ interests—a surprising number of which are interests that migrants and their families share. Foremost: to recast family as an answer. For if the states’ interest is to meet labour shortages and support their social security systems, and at the same time, the interest of states’ of origin and migrant workers is in both overseas employment and preserving the unity of the workers’ own families, then families are part of the answer. If the states’ interest is that societies to and from which people migrate need integration, social stability and social cohesion, studies are clear that unity of migrant families is part of the answer.25 In fact, states need to stop acting against their own interest in this. Acting upon the shared interest of states and migrants will not always mean advancing migration of family members for reunification purposes. In fact, short of migration per se, states and migrants have a shared interest in expanding decent mobility options, such as genuine circular migration, i.e., with rights to repeated entry and exit and appropriate paths to permanency, especially for migrants involved in shorter-term separation from their families. 3. Organize greater international cooperation on rights-based development and governance of migration, recognizing the importance of linking the two to the dignity of families in migration.

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Endnotes: 1.

This paper was prepared with research and the writing assistance of Hannah M. Cole of Boston College. 2. For example, in a recent survey of migrant labourers in Qatar, six out of ten migrant labourers were married at the time but only 5% had their spouses living with them. 90% of the respondents replied that “they had sent money to family members or friends in the last 12 months preceding the survey.” Migrant Labor Workers in Qatar: Demographic Profile, Employment and Working Conditions, Remittances, Quality of Life and Future Outlook. Social and Economic Survey Research Institute, Qatar, March 2011. 3. International Migration and Human Rights: Challenges and Opportunities on the Threshold of the 60th Anniversary of the Universal Declaration of Human Rights. Global Migration Group, 2008. 4. Illustrating the first substantive attention to the specific issue of family reunification in the Global Forum on Migration and Development: In 2010, the fourth year of the GFMD, the final statement of civil society to the states said, “Lack of policy regarding families and too much focus on the individual worker and not their family impede efforts to protect the families left behind by migration. Within this framework, the rights of families (to reunification for example) must be included.” In its final statement to states at the 2011 GFMD, civil society called on governments “to ensure that the right to family unity and reunification and the well-being of the family are cornerstones of migration policies…” Both statements and recommendations are available at www. gfmdcivilsociety.org. 5. It is important to note that highly skilled migrant workers typically are more able to move with rights to family reunification, or move back and forth to visit families back home, widely with long-term or permanent working and residence permits as well. 6. Universal Declaration of Human Rights, Article 16, 1948; International Covenant on Civil and Political Rights, Article 23 (1), 1966; International Covenant on Economic, Social, and Cultural Rights, Article 10 (1), 1966, the Convention on the Rights of the Child, 1989, Article 9; the Convention Relating to the Status of Refugees, Articles 4 and 23, 1951,and others. See also the Treaty on the Functioning of the European Union, referring to the Charter of Fundamental Rights of the European Union, Articles 7 and 33.1; the European Convention on Human Rights, Article 8; Organization of African Unity, African Charter on Human and Peoples’ Rights, Article 18 (1), 1981; Organization of American States, American Convention on Human Rights, Article 17 (1), 1969 ; and Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 8 (1), 1950. 7. Universal Declaration of Human Rights, ibid. 8. Convention Relating to the Status of Refugees, ibid; together with the Final Act of the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons which adopted that convention, Recommendation B, 1951; see also multiple Conclusions on the International Protection of Refugees, adopted by the Executive Committee of the UNHCR programme: No. 1, (XXVI) Establishment of the Subcommittee and General, 1975; No. 7 (XXVIII) Expulsion, 1977; No 24 (XXXIII) Family Reunification, 1981, and No 88 (L) Protection of the Refugee’s Family, 1999. 9. CRC Article 9(1) provides that a child cannot be separated from their parents unless “competent parties subject to judicial review” determine that “such separation is necessary for the best interests of the child.” Article 10 (1) elaborates the child’s right to family reunification stating, “applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. “ 10. MWC Articles 44(2) and 50, which pertain only to migrant workers and members of their families who are documented or in a regular situation, recommend but do not require

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11.

12.

13.

14.

family reunification. Art. 44(2) provides that “States parties shall take measures that they deem appropriate and that fall within their competence to facilitate the reunification” of migrant workers and their close family members. In the case of death of a migrant worker or dissolution of marriage, Art. 50 provides that the “States of employment shall favourably consider granting family members of that migrant worker residing in that State on the basis of family reunion an authorization to stay,” taking into account the length of time that they have already resided in that state. For example, the UN Committee on the Rights of the Child expressed concern that “some countries prohibit separated children who are recognized as refugees from applying for family reunification; others permit reunification but impose conditions so restrictive as to make it virtually impossible to achieve.” General Comment No. 6 (2005), Treatment of unaccompanied and separated children outside their country of origin, 2005. Available at: http://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/532769d21 fcd8302c1257020002b65d9/$FILE/G0543805.pdf. This concern was reiterated in a letter from NGOs to the European Commission as recently as April 2012. A notable exception where national laws are affirmatively guided by binding regional policy is the application in Europe of the Directive on the Right to Family Reunification for third country nationals, adopted by the Council of the European Union on 22 September 2003 (Council Directive 2003/86/EC). The directive declares that “family reunification is a necessary way of making family life possible.” Accordingly, with respect to spouses and minor children who are members of the family of a non-EU citizen, “measures concerning family reunification should be adopted” [in all EU member states] “in conformity with the obligation to protect the family and respect family life enshrined in many instruments of international law.” Moreover, such “family reunification may be refused only on duly justified grounds,” i.e., “grounds of public policy, public security or public health.” Available at http://eur-lex.europa.eu/LexUriServ/ LexUriServ.do?uri=OJ:L:2003:251:0012:0018:EN:PDF For example, France’s 2006 immigration law requires those requesting immigration for the purpose of family reunification to take French language and civic courses, as well as sign a “welcome and integration” contract to ensure intent to respect French cultural norms. Further restrictions were added in a 2007 immigration law which authorized DNA testing and minimum income requirements; Loi relative à l’immigration et à l’intégration, n° 2006-911, 2006 ; Loi relative à la maîtrise de l’immigration, à l’intégration et à l’asile, n° 2007-1631, 2007. The Netherlands’ 2006 Law of Integration requires immigrants who are not citizens of the EU, Switzerland, United States, Japan, Canada, Australia, or New Zealand to pass a “civic-integration examination” and demonstrate proficiency in Dutch within a few years of their arrival. Spouses seeking family reunification must pass the exam before they are allowed a permit to enter unless they are citizens of one of those countries listed; Human Rights Watch, “Netherlands: Discrimination in the Name of Integration”, 2008. Singapore limits the right of migrants to marry or apply to marry a citizen of Singapore and can exercise the option to expel any female worker who becomes pregnant in Singapore; Employment of Foreign Manpower Act (Chapter 91A), Part IV (8), (9). Since 1991, the rate of family migration in the United Kingdom has fallen from 27% to just 13% in 2009; Immigration by Category: Workers, Students, Family Members, Asylum Applicants, The Migration Observatory, University of Oxford, 2011; Family Migration: A Consultation, UK Border Agency Home Office, 2011. UN Human Rights Committee, Winata and Li v. Australia, Communication No. 930/2000, paras 6.1 ff, 26 July 2001; European Court of Human Rights, Gül v. Switzerland, Case No. 53/1995/559/645, 19 February 1996; Conclusion No. 24 (XXXIII) on the International Protection of Refugees: Family Reunification, adopted by the Executive Committee of the UNHCR programme, 1981 ; UNHCR; Background Note, Family Reunification in the Context of Resettlement and Integration, 2001 ; Council of the European Union, Council Directive 2003/86/EC, 2003.

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15. European Court of Human Rights: Benamar and others v. the Netherlands, Admissibility decision 5 April 2005; also Gül v. Switzerland, ibid; and Sen v. the Netherlands, Application No. 31465/96, 21 December 2001. 16. European Court of Human Rights: Boultif v. Switzerland, Case No. 54273/00, 2001; and Haydarie and Others v. the Netherlands, Application No. 8876/04, Admissibility decision 25 October 2005. 17. Given the widening depersonalization of migrant-related lexicon, it is now time to revisit use of the term “migrant stock” (for populations in place), notwithstanding long use of that term neutrally in research, data and demography circles in particular. 18. A notable exception is Sweden, whose recent model for circular migration emphasizes visa and other flexibility for home visits, multiple return and re-entry. 19. In French, « I’immigration choisie et non subie ». 20. Denmark, France, the Netherlands and the UK have recently legislated more stringent language pre-conditions and civil examinations for applicants for family reunification. 21. A notable example in the opposite direction has been Mexico, where recent amendments to long-standing national law have decriminalized migrants in irregular and undocumented status. 22. For example, enforcement approaches in France and Italy have led to harsher penalties for undocumented migrants and certain others, whether migrants or citizens, who have aided them. Often, these are referred to as “crimes of solidarity.” For example, a French woman was prosecuted for donating food and clothing to undocumented migrants. See PICUM’s Main Concerns about the Fundamental Rights of Undocumented Migrants in Europe, Platform for International Cooperation on Undocumented Migrants (PICUM). Brussels, 2010. Available at http://picum.org/picum.org/uploads/publication/Annual%20 Concerns%202010%20EN.pdf 23. “Empowerment of the Family in the Modern World.” Doha Conference Qatar, Doha International Institute for Family Studies and Development. 2010. 24. Pope Benedict XVI, address to the Pontifical Council for the Pastoral Care of Migrants and Itinerant Peoples. Vatican Information Service. 28 May 2010. 25. See for example: Integration of Beneficiaries of International Protection in the European Union, Recommendations to the European Ministerial Conference on Integration. UNHCR. 2010.

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Circular and temporary migration regimes and their implications for family Global Migration Policy Associates

Piyasiri Wickramasekara ABSTRACT The focus on migrant workers in discussions of international migration has tended to detract attention from the role of migrant families. There is consensus that family unification is important for migrants because it helps to promote their effective integration in host countries. Further, family fragmentation has adverse impacts on all family members, and there is considerable research to show that the social cost of migration on families left behind, especially children, can be high. Different migration regimes and policies have different implications for the unity and integrity of migrant families. This paper considers the implications of circular migration regimes (which have become increasingly popular in the discourse on international migration and development) for migrant families.

http://dx.doi.org/10.5339/ qproc.2013.fmd.1 ÂŠ 2013 Wickramasekara, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Wickramasekara P. Circular and temporary migration regimes and their implications for family, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.1

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INTRODUCTION Circular migration is nothing new as it has long been rooted in internal migrations and crossborder migration flows. What is new is the current emphasis on managed circular migration as a triple-win, bringing benefits to all three parties involved: migrant workers, destination countries and origin countries. Circular migration carries direct implications for migrants and their families because one of the major gains for host countries is said to be savings on costs of integration due to the short duration of stays with no option for family reunion. The purpose of this paper is to review regimes of circular migration and analyse their implications for family unity and integrity. The first part of the paper outlines definitions of circular migration and family migration. In the second part, different regimes of circular migration are highlighted, including circular migration of diasporas and implications for family. This is followed by conclusions.

DEFINITIONS OF CIRCULAR MIGRATION AND FAMILY This short paper cannot go into details of circular migration, but several comprehensive reviews are available on broader issues of circular migration and its relevance particularly in the European context (EMN 2011; European Policy Centre 2011; Wickramasekara 2011b). This paper maintains that a simple generic definition offers the best approach for understanding circular migration. Simply defined, circular migration refers to temporary movements of a repetitive character either formally or informally across borders, usually for work, involving the same migrants (Wickramasekara 2011a). By definition, all circular migration is temporary. It is different from permanent migration (for settlement), and return migration (one trip migration and return) (Vadean, Piracha et al. 2009). It is also necessary to distinguish between two types of circular migrations: 1. Spontaneous (voluntary) circular migration and managed circular migration 2. Circular migration of persons from developing countries, and circular movement of persons from the diaspora to home countries These have different implications for family welfare and integrity. Only the second option allows family movements subject to limitations discussed under section 2.5. The major form of circular migration, which is of interest to developing countries (or ‘third countries’ in European Commission terminology), is a managed circular migration programme involving low- and semi-skilled workers’ movement to developed destination countries. The major issues of concern to migrant workers under this form are as follows: terms and conditions of admission and employment; vulnerability in destination countries; protection of rights; contributions to their families left behind and home country development, and re-insertion and reintegration in home countries on return. Circular migration is generally projected as a triple win solution (Government of Mauritius & European Commission 2008; Newland, Agunias et al. 2008): • Win for destination countries in terms of meeting labour market needs in destination countries without providing permanent settlement and minimization of irregular migration • Win for origin countries in terms of opening legal avenues for migration for citizens, promoting development in home countries through a steady flow of remittances, return of skills and enterprise creation and mitigation of brain drain • Win for migrant workers in terms of legal opportunity for migration, remittances for family and gaining skills There are also other underlying reasons for promotion of circular migration by destination countries particularly. First, it represents an alternative to traditional guest worker programmes

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(which led to permanent settlement of some workers), reflecting the desire on the part of destination countries to ‘bring in labour but not people’. Second, it reflects the trend towards flexible labour markets—the idea being that migrants have to leave or not arrive when there is slackening of labour demand in the destination country. Third is the desire to reduce irregular migration as part of the security-oriented agendas of destination countries. I have pointed out elsewhere that the so-called triple wins have been highly exaggerated in the literature (Wickramasekara 2011a).

Family definitions It is important to clarify the meaning of family. Article 13(2) of ILO Convention on migrant workers (Supplementary provisions), 1975 (No. 143), and paragraph 15 of the ILO Recommendation on Migrant Workers, 1975 (No. 151), define the family as "the spouse and dependent children, father and mother". Paragraph 15(3) of recommendation No. 86 goes beyond this and states that "favourable consideration should be given to requests for the inclusion of other members of the family dependent upon the migrant" (ILO 1999). Article 4 of the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families defines the family as follows: For the purposes of the present Convention, the term ''members of the family" refers to persons married to migrant workers or having with them a relationship that, according to applicable law, produces effects equivalent to marriage, as well as their dependent children and other dependent persons who are recognized as members of the family by applicable legislation or applicable bilateral or multilateral agreements between the States concerned (p.4). Yet states apply different criteria in defining the family for eligibility in migration decisions. While traditional settler countries (Australia, Canada, and USA) have been more liberal, some countries use the strict definition of a nuclear or core family, sometimes subject to further conditions, and do not recognise extended family members as eligible for unification. There are different types of family migration (IOM 2008): • Family re-unification, whereby a migrant will be bringing in immediate family members • Family formation or marriage migration, which may involve bringing partner from home country or elsewhere—the mail order brides from some Asian countries also fall into this category, but the husband need not necessarily be a migrant in such cases as seen in the case of Japanese farmers • Accompanied family migration whereby the entire family will migrate as a unit— common in the case of permanent or settler migration as in the case of Australia, and Canada—skilled workers often enjoy this privilege • Migration of sponsored family members—some countries may allow immediate blood relatives such as brothers and sisters, and parents as well also to join the family at their discretion. Another important category is ‘families left behind’ which may give rise to transnational families with family members living in different countries, but continuing to have links. For discussions of circular and temporary migration, this category is most important. The main concern here is family unification or the right of the family to join migrant workers under different migration regimes. The Migrant Integration Policy Index compiled by the Migration Policy Group (MPG 2011) includes the right to family unification as a major component of migrant integration1, and has proposed four related dimensions to be considered: a) eligibility; b) conditions for acquisition of status (such as pre-arrival integration conditions, economic

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resources); c) security of status; and d) rights associated with status. It has also spelled out 20 indicators pertaining to these four criteria.

CIRCULAR AND TEMPORARY MIGRATION REGIMES This section will review existing migration regimes and international discourse on circular migration using a rights-based approach. The regimes considered are: a) internal migration; b) the Asia-Gulf migration regime for low- and semi-skilled workers; c) seasonal worker regimes; and d) the regime considered by the European Union under circular migration and mobility partnerships for so-called ‘third country nationals’ from developing countries.

Internal circular migration The most important and long-standing form of circular migration is from rural to urban areas seasonally or for longer periods within the same country. One estimate indicates there were 740 million internal migrants in the world (UNDP 2009) compared to 214 international migrants around 2010 (ILO 2010b). The best example is China, where about 125-150 million rural workers come to cities annually for work. Indonesia and India also record large internal flows. Migrants sometimes move with their families to urban or other rural areas although they may encounter problems of housing, discrimination and access to education for children, challenges in common with international migrants. Yet contacts with families left behind are stronger because of largely free mobility within the same country.

The Gulf, Middle East and intra-Asian (Malaysia, Singapore, Thailand) temporary and circular migration system Migration of workers to the Gulf countries was a major development triggered by the oil bonanza of the early 1970s, which enabled Gulf countries to modernise their economies resulting in large demands mainly for low-skilled workers. Over time, most of the expatriate work force has been drawn from Southeast and South Asia. It is a classic temporary labour migration system based on fixed-term contracts ranging from one to three years mostly. It is also a strictly rotational system, with some circular migration occurring when migrant workers re-migrate with new contracts (Wickramasekara 2002; Wickramasekara 2011b). While there are no reliable statistics, 60-65 per cent of annual outflows of migrants are re-hires or those going back for work in the Philippines. A study in Jordan found that only 10% were first-time migrants, and 46% were there for the second time and the balance 44% more than twice. The UAE and Kuwait survey data from a recent ILO survey reveal about a quarter to be repeat migrants (Wickramasekara 2011a). There has been a large inflow of migrant workers to Malaysia and Singapore from Southeast Asia and South Asia, and to Thailand from Cambodia, Myanmar and Lao PDR, but there is no evidence on remigration patterns. There are two streams of migrant workers to be considered in this context: 1. Low and semi-skilled workers who have no right to family unification 2. Skilled and professional workers who can bring in their families—this involves certain incomes limits, above which they can move in with families Since most migrant workers are in the low-skilled category, having to leave their families behind, it is not a family-friendly system. ‘Such workers are commonly referred to as ‘bachelors,’ whether or not they are single or married’ (Nagy 2010: 59). In a case study of Bahrain, Nagy points out that the “distinction between family and bachelor status provides an axis of differentiation that reinforces economic distinctions marginalizing and stigmatizing the “bachelors” (Nagy 2010: 61). Low and semi-skilled workers face a similar situation regarding family reunion in temporary labour migration within Southeast Asia. In any case, moving with families (even if allowed) is not practical at all for low skilled workers because of the low wages earned, which can hardly support families.

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The temporary migration system in the Middle East and Asia affects families left behind in another way. Separation periods can be as long as the duration of the contract because the workers cannot afford to visit their families in the meantime. Competition has driven down wages, and working conditions are proverbially poor. Intermediaries play a major role at both ends, which further erodes the benefits of labour migration for workers and source countries. The sponsorship system (kafala in the Gulf countries) and labour broker system in Southeast Asia keeps workers tied to specific employers. There are decent work deficits in all spheres: rights, employment, social protection and social dialogue (HRW 2009; ILO 2009; Verité 2010; ITUC 2011). These affect the capacity of migrant workers to remit funds and support their families back home. Migrant female domestic workers are among the most vulnerable groups in this system (ILO 2009; ILO 2010a). They represent absent mothers, daughters, sisters, and aunts from origin country families who may often function as the primary breadwinner for the households from which they come (Gardner 2011). A good number of them may be mothers with children in their home countries, and migrate to make a better life for their children back home. However, few employers including women of the employing households consider that these women who look after their own children are also mothers or sisters or daughters in their own countries. It is a classic case of exploitation of migrant women by women in destination country households. The female domestic workers suffer innumerable hardships and cruelty in the process, which leaves lifetime scars affecting future life with their families and children back home. One telling case is that of Ms. Kusuma Nandani from Sri Lanka who was forced to work for a Saudi employer for 15 years without payment since 1994. She was finally rescued after 17 years when her daughter (who was only eight years when she left) pursued the case with the Sri Lankan authorities (Rasooldee 2011). She also managed to receive some compensation from the government of Saudi Arabia. However, skilled workers and professionals can bring their families to destination countries subject to a minimum income criterion. These minimum levels do not take into account high costs of living and education of children and some may decide not to bring their families for better savings and lack of long-term employment security. Migrant families find themselves in a series of complex and ambivalent positions in the Gulf States. With naturalization almost impossible, many foreign families are in the precarious position of making a life and a home in a country to which, in the final accounting, they can never belong (Gardner 2011:17). In analysing the impact on families left behind, it is very important to assess the age and relationship of migrants to their families. It makes a considerable difference whether it is the head of the household (father or mother) or sons and daughters who migrate. Children suffer a lot in early ages when their mothers migrate as often happens in the case of Sri Lanka, Indonesia and the Philippines. Responding to this situation, Sri Lanka’s Minister for Child Development and Women’s Empowerment proposed a ban on women with children less than 5 years of age from emigrating for work in March 2007, but it was withdrawn after encountering opposition from human rights and women’s groups2. Data from the Kerala State of India, the Philippines and Sri Lanka show that a high proportion of male and female youth (15-29 years) migrate, some of whom are not married. They are often sons and daughters of heads of households. Chart 1 shows that Sri Lankan male migration peaks at 25-29 years of age, while female migration is more evenly spread over older age groups as well. Migrants could be older women with children.

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Sri Lanka: Outflow of migrant workers by age (2010)

Source: Based on Sri Lanka Bureau of Foreign Employment Annual Statistical Report for 2010

Distribution of emigrants from Kerala by age and sex (2011)

The emigration pattern from Kerala (based on a sample survey) by age and sex, but it should be female migrants are much smaller in number3.

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Mostly male heads of households migrate from Kerala, but unmarried youth dominate the younger age group From the viewpoint of gender, the social issue of one million Gulf wives left behind by male migrant workers in the Kerala State has often been raised. The Kerala migration survey of 2007 estimated the number of Gulf wives to be 1.2 million (10% of all married women in Kerala). Fortytwo per cent of migrants were younger than 29 years, representing wives left behind. These wives may be separated from their husbands for many years a number of years if the latter are circular or repeat migrants. As George (George, 2010) observed: “Behind most Indian men working in the Gulf is a wife back home, living in a shared house, bringing up his children with the help of her extended family”. Some wives are separated from their husbands working in the Gulf from three to four years or up to 10 years or more given three or more migration cycles. The 1998 Kerala Migration Survey indicated that: “… in 2.4 per cent of the Gulf wives, the husband emigrated within a few days of his marriage. In about 13 per cent, the husband emigrated within a month after marriage. In a very large proportion of cases (about 45 per cent), the husband emigrated in the first year of marriage. However, the departure of the husband occurred more than five years after marriage in about one third of the cases” (Zachariah and S. Irudaya Rajan 2001: 61). The major problems experienced by wives left behind are: loneliness, added responsibility, problems with motherin-laws, debt burdens, lack of perceived financial gains and mild depression (Zachariah and S. Irudaya Rajan 2001; George 2010). The seriousness of the problem is seen by the fact that the bulk of the respondents (83 per cent) in the 1998 survey reported that they would like their daughters to marry persons working in Kerala.

Seasonal worker models of circular migration: Canada and Europe4 Seasonal Agricultural Workers Programme (SAWP), Canada The Commonwealth Caribbean and Mexican Agricultural Seasonal Workers Programme enables Canadian farmers to employ about 20,000 foreign workers for up to eight months out of the year. While it is also a temporary labour migration programme, it fits well into the circular migration model as mostly the same group of workers return year after year to work in Canada. It is often cited as a model programme that highlights best practices in seasonal migration. The opportunity given to low-skilled workers, a high rate of voluntary return to home countries, its sustainability over time, and a high rate of employer participation are regarded as success factors.

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Yet there are major rights issues with the programme common to many such schemes. As (Avendaño 2009: 4) points out: “In reality, those factors are the product of a structure that keeps workers silent and dependent on the program for their economic well-being”. Workers rarely protest because they like to return while Mexican officials also raise no questions to keep Mexico on the programme. Unlike in Spain and Sweden (which consider transition to permanent status after participation in the labour migration programmes for four years), SAWP workers do not get any family unification or secure residence rights even if they circulate for many years.

The Morocco programme in Cartaya, Spain While Spain has a number of temporary labour migration programmes, the pilot project on circular migration in Cartaya, in the strawberry-growing province of Huleva, is illustrative of approaches to return. It developed a circular migration temporary worker programme with Morocco, but had recurrent problems of low returns at the end of the season as required. The authorities changed the rules so that only mothers under 40 with children may participate with guaranteed right of return in the next season to those who comply. They are not permitted to bring children. Voluntary returns were 85 per cent at the end of the 2007 season. Thus, from the destination country point of view this may be termed ‘successful’ or a ‘good practice’ in circular migration despite the discriminatory selection and deliberate focus on separating mothers from their children. As one 17-year old Filipino child remarked, “... it’s better to lose 100 fathers than a single mother” (SMC 2003).

The German seasonal worker programme The German seasonal workers programme, which operates under memoranda of understanding signed by the Federal Employment Agency and employment services in source countries in Europe, admits migrants for up to six months if local workers are not available to fill vacant jobs in agriculture, forestry, and the hotel and catering sector. Most migrants admitted have been Polish nationals. The interesting feature of the programme is the large number admitted compared to seasonal worker programmes in other countries. The numbers have been in the range of 300,000 in recent years. Changing employers is allowed if the Federal Employment Agency is kept informed. Most participating workers may already be employed in their own countries, implying that they migrate for higher earnings. There is no built in circularity because there is no special consideration to previous work, but in practice employers will bring back the same workers. German authorities make it clear that the programme was motivated by economic needs of labour demand in industry, and not by development considerations (EPC 2011).

European Union: Circular migration and mobility partnerships The European Commission proposed mobility partnerships (MPs), and circular migration programmes (CMPs) between the European Union and third countries in a Communication in 2007 (European Commission 2007). While both are proposed in the same communication, mobility partnerships are different from circular migration as the former is directed at countries with large irregular populations in the EU member States. It attempts to combat ‘illegal migration’, promote legal migration and strengthen the positive contribution of migration to development through mobility partnerships. These partnerships can include some circular migration provisions as part of their legal migration options. As of now, there are four mobility partnerships launched with Armenia, Cape Verde, Georgia and Moldova.

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Carrera and Sagrera (Carrera and Sagrera 2009) argue that the mobility partnerships are more in the nature of ‘security’ partnerships for the EU countries while, at the same time, they could be regarded as ‘insecurity’ partnerships for the coherency and legitimacy of the EU’s labour immigration policy, as well as the liberty and security of the third country workers. Regarding circular migration, the communication covers both "circular migration of third country nationals settled in the EU" and "circular migration of persons residing in a third country". The first category, described as outward circular migration, refers to third country nationals settled (part of the diaspora) in the EU who may temporarily return for productive engagement in home countries. The more important category for developing countries is the second, described as ‘inward circular migration,’ which the commission explains as covering “third country nationals wishing to work temporarily in the EU, for example in seasonal employment; third-country nationals wishing to study or train in Europe before returning to their country" and several others. It thus lumps together temporary migrant workers, students and trainees. It is important to note that the communication and subsequent documents include only seasonal, low-skilled workers from third countries as included in these programmes. All these programmes work on the assumption that there will be no family unification. The commission also makes it clear that effective return is an essential component of circular migration, for which administrative and material incentives will be provided. The incentives relate to: guarantees of future right of stay or future admission opportunities; better support for productive re-integration activities on return in source country; improved transferability of pension rights; and support for temporary return of high-skilled migrants, among others. The circular migration provisions are silent on the presence of workers in irregular status in the European Union. Their families suffer in two ways. If in the host country, they are exploited, with children suffering most due to no access to education or proper health care. If families are in the destination country, the separation becomes longer because migrants may not leave due to the fear that they may not be able to return. It has been well established that immigration restrictions reduce circulation, as the US experience with Mexican migrants has clearly shown (Cornelius 2005). A more sensible option is to induct them into circular migration programmes and give them the choice of dignified return or regularise their status as needed rather than engage in forced repatriation.

Pilot Circular migration programmes Following the GFMD discussions and the EU communication, two pilot projects on circular migration have been launched. The first is a pilot project between Mauritius and France based on an agreement signed on 23 September, 2008, to admit about 800 persons as students, interns, and professionals for periods ranging from six months to three years (Nayeck 2009). But the proposal does not mention any privileged provisions for return to France. In that sense, it may not be a circular migration system. Whether the professionals are allowed to bring their families is also not clear. Although it was initially proposed in 2007, progress has been slow due to the economic and financial crisis, which has affected Europe as well. The pilot circular migration programme of Mauritius with Canada seems to have taken off (Kokil 2011). Three hundred workers have been deployed in Canada mainly in food processing activities. The second is the Blue Birds pilot project for circular migration by the Netherlands, designed to bring in a miniscule number of workers—80 each from two pilot partner countries—Indonesia and South Africa. It started in early 2010 but managed to employ only eight persons (six from South Africa and two from Indonesia) before the Ministry of Foreign Affairs decided to terminate the pilot prematurely in June 2011. The lack of political will on the part of the Netherlands and

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change of government served to terminate this insignificant initiative. (HIT Foundation 2011b; HIT Foundation 2011a). Both pilot circular migration projects illustrate the limited scope and absence of any significant wins for origin countries given the small numbers involved. In general, managed programmes restrict choices in a major way, specifying numerous conditions to be met for eligibility.

Diaspora circulation and families There has been increasing attention on the role of the diaspora as circular migrants in recent years. Migrants and their families settled in destination countries maintain ties with home countries and their relatives and families in numerous ways. The background report for the United Nations High Level dialogue on International Migration and Development (United Nations 2006) pointed out that citizens working abroad can be development assets for countries of origin. The diasporas have been hailed as harbingers of new knowledge, innovators, and reputation ambassadors, among others. Yet before embracing the diaspora communities as the proverbial “golden goose”, one should take note of the fact that the diaspora communities are by no means homogeneous as they consist of both low-skilled and high-skilled, first and subsequent generation, and regular and irregular status members, variability which has an obvious impact on overall contributions (Wickramasekara 2009b). In the European guest worker programmes of the sixties, guest workers frequently circulated between workplaces and families in the home countries until the European governments ended their temporary migration programmes in the early 1970s with the onset of the oil crisis (EPC 2011). While some of the literature has focused on the scientific or intellectual diasporas, other groups also make contributions to home countries and families back at home (Wickramasekara 2009b). Orozco has highlighted five Ts of transnational engagement: transportation, telecommunication, tourism, transfer of money and nostalgic trade (Orozco 2006). But he does not refer to the role of family as a significant factor. Normally, diaspora circulation is spontaneous although there are specific attempts to harness them through programmes such as IOM’s Return of Qualified African Nationals (RQAN) programme, the Programme on Migration & Development in Africa and the UNDP TOKTEN— Transfer of Knowledge through Expatriate Nationals—where skilled persons are brought back to countries through specific projects supported by multilateral agencies. But such initiatives suffer from several weaknesses relating to coverage, equity and sustainability (Wickramasekara 2003). Our interest is, however, how circulation facilitates maintaining and strengthening transnational family ties and linkages. There is little information on the role of families in discussions of diaspora engagement, especially involving the scientific diaspora. It can be hypothesised that first generation diasporas may maintain family ties and some form of community and social connections to home countries, but this may diminish over time with the second generation. An analysis of transnational family life among Colombian and Dominican migrants in Europe (Sørensen and Luís E. Guarnizo 2007) confirms the earlier point that it matters a lot who in the family engages in transnational migration, regarding the form and conditions under which their migration is socio-culturally and morally evaluated. For example, while men’s absence is accepted, women’s migration is often assessed in negative terms as leading to spatially-fractured family relations and even family breakdown.

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There are several factors that adversely affect the impact of diaspora circulations on family. Bain Waste The phenomenon of brain waste results from non-recognition of qualification across borders. Qualified emigrants cannot find employment commensurate with their specialized skills and previous experience. This type of situation involves a triple loss—incurred by source countries that lose valuable skills, by destination countries which cannot benefit from migrant skills and by migrant workers who cannot make full use of their potential and integrate (Wickramasekara 2009a). The OECD (OECD 2007) studied this issue under the label ‘over-qualification’, and the disturbing finding is that, across all of the OECD countries considered, almost 50% on average (or at least 25 per cent) of skilled immigrants were ‘inactive, unemployed or confined to jobs for which they are over-qualified’. Visa regimes of destination countries are not conducive to circulation Second current visa regimes in destination countries are not circulation-friendly. Specifically, permanent or long-term residents lose the right of return if they spend more than six months or a year abroad according to legislation in many countries. Therefore, several proposals have been made to protect the residence and citizenship rights of migrants in their host countries through extended right of return arrangements, provisions to take into account time spent in home countries for continuity of service, and qualifying periods for permanent residence or naturalization, and dual citizenship (Skeldon 2011). Increasing European restrictions serve to fragment families further Third there is a major contradiction between the declaration of intent to promote diaspora engagement with actual practices in treatment of diaspora family formation and reunification. There are however, increasing restrictions enacted or in the process of being enacted in some EU member States on marriages from home countries and family reunions. Denmark, the Netherlands and the UK have recently revised provisions for family unification, which seriously curtail the numbers to be admitted under family reunions. These restrictions pertain to a number of pre-conditions to be met: raising threshold incomes for family unification; specifying minimum standards of accommodation; pre-arrival integration tests, including language testing; obligations to participate in integration measures; controls on marriage migration or transnational marriages; raising minimum age for admission from 18 years to 21 for spouses, and longer probationary periods for bringing in family. According to the Migration Policy Group, these new requirements are relatively new and untested, and, instead of promoting proclaimed integration objectives, they will effectively limit the number of reuniting families (Huddleston and Peterson 2011). The EU Family Reunion Directive 2003/86/EC (European Commission 2003) established the right to family reunion for non-EU sponsors and their families with key objectives of promoting integration and comparable rights and obligations. The call by the European Commission for a public debate on its Green Paper on the right to family reunification of third-country nationals living in the European Union (Directive 2003/86/EC) (European Commission 2011) has raised fears that member States may attempt to reverse the progress made in regard to family unification up to now. The Migration Policy Group has clearly pointed out that: “Restrictions ‘in name of integration’ separate families in practice” (Huddleston 2011). It adds: “Making family life harder or even impossible can negatively impact the well-being and future integration of the entire family” (Huddleston 2011).

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CONCLUSIONS The above analysis has brought limitations of regimes of circular and temporary migration as a good practice in promoting international labour migration to achieve triple wins or promoting family unity and welfare. Max Frisch, the Swiss writer, made a most pertinent observation in relation to the European experience with guest workers in 1972: “We asked for workers and human beings came”5 It seems that four decades later, destination country governments are trying to repeat the same mistake. Circular migration is hardly a win for migrant workers and their families, and the fallacy lies in equating circular migration with ‘migration by choice’. Even spontaneous migrations are either not voluntary or respond to the only option available due to rigid immigration barriers. While benefits of the circulation of the diaspora have been highlighted, policy contradictions in the form of restricted visa regimes not conducive to circulation, and increasing attempts to limit family reunions in Europe will seriously reduce such benefits. Social costs of migration for the migrant workers and their families have been grossly underestimated. Problems arising from family separation and adverse impacts on children cannot be easily quantified. While most discussions focus on remittances, there is little attention paid to the remitters, who remit money undergoing numerous sacrifices. Labour migration should not always be at the expense of family separation. In this sense, a comprehensive approach should look at permanent migration programmes to address permanent or long-term labour shortages induced by demographic and other factors, regular labour admission programmes with guaranteed rights for workers on a par with national workers, improved seasonal worker programmes, and other options in addition to circular migration. The foundation of any such programmes is respect, promotion and realization of human and labour rights of migrant workers respect for the principle of family unity and integrity in line with international instruments.

Endnotes: 1. 2. 3. 4. 5.

The Index covers six policy areas: long-term residence, family reunion, citizenship, political participation, anti-discrimination measures and labour market access. http://www.hrw.org/news/2007/03/13/sri-lanka-drop-ban-mothers-emigrating-work Data kindly made available by Professor Irudaya Rajan of the Centre of Development Studies, Trivandrum, Kerala. This and the following section draws upon my paper on circular migration (Wickramasekara 2011a). Cited in: http://unesdoc.unesco.org/images/0014/001435/143557e.pdf

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• Vadean, F. P., M. Piracha, et al. (2009). Circular migration or permanent return what determines different forms of migration?, Discussion paper (Forschungsinstitut zur Zukunft der Arbeit) no. 4287. Bonn, IZA: 26 p. • Verité (2010). Help wanted: Hiring, human trafficking and modern day slavery in the global economy - Regional report on Indian Workers in Domestic Textile Production and Middle East-Based Manufacturing, Infrastructure, and Construction, Verité, Amherst, MA. http:// www.verite.org/sites/default/files/images/HELP%20WANTED_A%20Verite%CC%81%20 Report_Indian%20Migrant%20Workers.pdf • Wickramasekara, P. (2002). Asian Labour Migration: Issues and Challenges in an Era of Globalization, International Migration Papers No 57,. Geneva, International Migration Programme, International Labour Office. http://www.ilo.org/public/english/protection/ migrant/download/imp/imp57e.pdf • Wickramasekara, P. (2003). Policy responses to skilled migration: Retention, return and circulation, Perspectives on Labour Migration 5E,. Geneva, International Migration Programme, International Labour Office. http://www.ilo.org/public/english/protection/ migrant/download/pom/pom5e.pdf • Wickramasekara, P. (2009a). "Development, Mobility, and Human Rights: Rhetoric and Reality", Refugee Survey Quarterly 28(4): 165-200. • Wickramasekara, P. (2009b). Diasporas and development: Perspectives on definitions and contributions, Perspectives on Labour Migration 9 E, International Labour Office, Geneva. http://www.ilo.org/public/english/protection/migrant/download/pom/pom9e.pdf • Wickramasekara, P. (2011a). Circular migration: A triple win or a dead end, Global Union Research Network Discussions Papers No.15, International labour Organization, Geneva, March 2011. http://www.gurn.info/en/discussion-papers/no15-mar11-circular-migration-atriple-win-or-a-dead-end • Wickramasekara, P. (2011b). Labour migration in South Asia: A review of issues, policies and practices, Geneva, International Migration Papers No. 108, International Migration Programme, International Labour Office, Geneva. http://www.ilo.org/public/english/ protection/migrant/download/imp/imp108.pdf • Zachariah, K. C. and S. Irudaya Rajan (2001). "Gender Dimensions of Migration in Kerala: Macro and Micro Evidence", Asia-Pacific Population Journal, September 2001, pp.47-70. http://www.unescap.org/esid/psis/population/journal/Articles/2001/V16N3A3.pdf

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Discriminatory Policies & Practices Intersectionality: The Promise & the Challenge Research Fellow at Faculty of Law, University of Oslo

Sevda Clark A STORY On one of my trips abroad I found myself in transit at Amsterdam airport. It is not an enjoyable experience (to say the least) on the best of flights, but this one experience will be one I continue to remember with a mixed sense of pain and disillusionment. Airport security controls are not something unfamiliar to me, and again, I braced myself as I carefully unpacked the dubious objects from my handbag—a clear plastic bag containing my lip gloss, perfume and anti-bacterial lotion among other indispensable items, as well as my laptop. I don’t remember ‘beeping’ as I walked through the security gate. Yet, I was hailed to step aside by a female customs officer who had been deemed as appropriate to physically examine my body—rub it from head to toe to ensure that I had not carefully strapped any explosive devices to my admittedly fitted clothing. She looked noticeably indignant, and she made no attempt to hide her scorn. I breathed deeply and walked into the curtained area where I was to be further examined. I had the sense that I was in for something different this time. The whole time, the power dynamics that were at play were so thick that they almost took on a presence of their own.

http://dx.doi.org/10.5339/ qproc.2013.fmd.8 © 2013 Clark, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

With mocking disdain, and quite a heavy hand, she kneaded my body, and seemed somewhat disappointed that she had not discovered anything on me. Yet this ‘guise’ of appropriateness— the gender of the person who was to effectuate the control and the curtain—turned into offering quite the opposite. At the hands and gaze of this woman, there was a clear attempt to humiliate, to dehumanize, to show me my place for that couple of minutes that I was subject to her power. Under any other circumstances, I would have case for a civil action for battery. While continuing to assert her power over me (after all, I could not catch my next flight if she did not let me pass), she kneeled down onto her knees and told me to lift my skirt. My heart beat fast as she examined me; I had a number of thoughts racing through my head. The instinctive lawyer’s response yelled out at me: ‘you know your rights Sevda! You don’t have to put up with this. You do not deserve to be treated this way, and this act is surely against the regulations’. I thought of Hannah Arendt and her commentary in ‘The Banality of Evil’. How in circumstances of systemic oppression, the simplest act, like switching on the lights at a concentration camp at night, can be vehicles for average people to participate in the inhumanity of the system. This woman seemed to me to be acutely aware of her role as cog in this wheel. And her intention to me was crystal clear: to debase me. But the strongest thought that crossed my mind (and the one that won out in the end) was that I would not give her that satisfaction. The mental gymnastics thus began: ‘Who does she think that she is? She is an employee of this airport’. So I said, with a concerted smile on my face: ‘Thank you. This is nice service—in most places you have

Cite this article as: Clark S. Discriminatory Policies & Practices. Intersectionality: The Promise & the Challenge, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http:// dx.doi.org/10.5339/qproc.2013.fmd.8

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to pay for a service like this’. The tables had turned, and she had trouble disguising her shock caused by reasons other than my having spoken in clear, discernible English. She stood up quickly and scampered out of the curtained room making sure to avoid any eye contact.

JUSTIFICATION AND INTRODUCTION I have dared to be more personal in my writing, to begin with a story. Using narrative technique is not new to the law1 , yet storytelling, “particularly storytelling written from an ‘outsider’s perspective’, is a new form of legal writing that appears with increasing frequency on the pages of law reviews and specialized legal journals”2 . The outsider, as defined by one of the leading thinkers of critical legal theory, Richard Delgado, is a member of an ‘outgroup … whose marginality defines the boundaries of the mainstream, whose voice and perspective—whose consciousness—has been suppressed, devalued, and abnormalized’3 . Critical race feminism as ‘a new off-shoot of both Critical Race theory and feminism’ has similarly employed narrative techniques to bring a different voice4 into the ambit of critical legal thinking5. The voices heard in the narratives ‘are not the judges and lawmakers who conventionally occupy our scholarly attention, but women: women who may also be minorities or members of other disadvantaged groups’6 . The interest in marginalia can be seen as reflective of general academic interest studies of ‘the other’: the process of othering made famous in 1978 by Edward Said in his seminal study entitled Orientalism7. Indeed, such was the popularity of studies of marginalia in the late part of the Twentieth Century and early Twenty-First Century that it had led to claims that the centre had been decentred: These days, centrality is distinctly uncool. The centre has been marginalised, and marginality, like Bohemian Manchester or Cornish fishing villages, is the place to be. With so many groups muscling in on them, from sexual and ethnic minorities to dog-on-a-rope anarchists, the margins have grown so crowded that there is now standing room only. Indeed, they have bulged to spread over most of the page. Like elitism, marginality isn’t possible if too many people want to do it. It is an uncomfortable place, yet, oddly, it is where a lot of people want to be. In this sense it is a bit like Bangkok or the Aran islands. Yet, when distinguished British literary theorist and critic Terry Eagleton wrote back in 2001 that outsiders were the new literary mainstream, he was conscious that although ‘migrancy and marginality are nowadays much touted, [they are done so] more by cultural theorists than by refugees stowed away in lorries’. The practical realities and lived experiences of marginality for outsiders, migrants being a case in point, are such that they tend to fall between the cracks of anti-discrimination law—they continue to be on the peripheries of legal protection. Mari Matsuda, another leading critical race theorist coined the phrase ‘looking to the bottom’ to describe the process of ‘adopting the perspective’ of those who have experienced discrimination8. Therefore, critical race theory posits that voices from the bottom have the power to open up new legal concepts. Paradoxically, bringing in the voices of outsiders has helped to make critical legal theory central to the legal canon. This unlocking potential of critical race scholarship has encouraged me to redirect the scholarly lens upwards, from the lived experiences of those who are directly affected—those on the margins of society and law—to examine the (in)adequacy of antidiscrimination and equality law in redressing continuing marginalisation. In this paper I will offer the theory of intersectionality as the way forward to redressing existing gaps in antidiscrimination law for people at the intersections of multiple identities. After presenting the central thesis of intersectionality, and its history and continuing relevance, I will map a new ‘site’ of intersectional discrimination to demonstrate the dynamism and potential of the theory for women at the intersections—here, at the crossing of religion and gender, specifically cases of Muslim women. I will then move on to evaluate the European framework, looking specifically at cases decided by the European Court of Human Rights to distinctively argue that, though it can be seen to

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have adopted an ‘intersectional’ approach, the European Court has applied intersectionality disingenuously, resulting in furthering discrimination against Muslim women. Having demonstrated that an intersectional analysis has already made its way into court practice, I will then offer recommendations as to how intersectionality theory can be positively brought into the courts in order to afford genuine remedies to women at the intersections of religion and gender who are victims of discrimination.

BACKGROUND Born out of the characteristic dissatisfaction with essentialism in feminism, Kimberlé Williams Crenshaw’s influential legal theory of intersectionality made its entrance onto the world stage9. As an advocate of anti-essentialism (the reaction against the existence of a common essential “woman”) Crenshaw introduced and promoted the concept of intersectionality, in which gender is merely one of many axes of discrimination that are simultaneously intersecting and mutually reinforcing. At the heart of the critique is an attempt to demarginalise intersecting identities. This assumes that various aspects of identity do not operate independently and that a ‘single-axis framework erases Black women in the conceptualization, identification and remediation of race and sex discrimination by limiting inquiry to the experiences of otherwiseprivileged members of the group’10. As part of her methodology, Crenshaw also ‘looks to the bottom’, taking the story of a key moment in feminist suffrage history and re-telling it, thereby looking from the perspectives of women of colour, whose stories are otherwise not told. She invokes the account of Sojourner Truth, an African-American slave who, with her powerful oratory, silences the crowd of male hecklers (an aspect of the ‘feminist’ story which is wellknown) but, also the white female activists at a women’s rights conference. Many white women tried to silence Truth, in vein, when she stood up to make her famous speech, vividly portraying the horrors of slavery on women. Truth thereby declared her equality as a woman before not only men, but white women as well. In doing so, Crenshaw reminds us that ‘this 19th-century Black feminist challenged not only patriarchy, but also white feminists wishing to embrace Black women’s history to relinquish their vestedness in whiteness”11. “Ain’t I a woman” thus became the catch cry of the intersectionality thesis in its attempt to re-imagine anti-discrimination law such that it captures the experiences of those on the margins of multiple intersecting identities, i.e., those at the grassroots: It is ironic that those concerned with alleviating the ills of racism and sexism should adopt such a top-down approach to discrimination. If their efforts began instead with addressing the needs and problems of those who are most disadvantaged and with restructuring and remaking the world where necessary, then others who are singularly disadvantaged would also benefit. In addition it seems that placing those who currently are marginalized in the center is the most effective way to resist efforts to compartmentalize experiences ... 12

In her legal analysis, Crenshaw carefully examines North American case law to persuasively demonstrate that anti-discrimination law is failing to account for and remedy the discrimination faced by black American women. She uses the image of an intersection of streets: Discrimination, like traffic through an intersection, may flow into one direction and it may flow into another. If an accident happens at an intersection, it can be caused by cars travelling from any number of directions, and, sometimes, from all of them. Similarly, if a black woman is harmed because she in the intersection, her injury could result from sex discrimination or race discrimination.13 This image thus suggests that disadvantage at the intersection of multiple identities is likely, not only to be more severe14 but it frustrates attempts to identify and allocate the responsible driver.

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Extending the analogy then, ‘providing legal relief only when Black women show that their claims are based on race or on sex is analogous to calling an ambulance for the victim only after the driver responsible for the injuries is identified […] In these cases the tendency seems to be that no driver is held responsible, no treatment is administered, and the involved parties simply get back in their cars and zoom away’15. Thus, forcing women to filter their claims through specific single-axis categories, which are ill-suited to capturing their experiences, results in their claims not being heard and addressed.

‘INTERSECTIONALITY FOR WHAT PURPOSE?’16 THE TWO WINGS OF INTERSECTIONALITY Twenty years after its inception as a legal discourse, intersectionality has witnessed exponential growth in its recognition as an important paradigm for sociological and cultural studies, and has permeated disciplines ranging from social work, psychology to studies of the labour market17. Not surprisingly, it’s an increasingly contested concept, with criticisms that it is too complex18, internally conflicted19, and, ‘despite its popularity, there has been considerable confusion concerning what the concept actually means and how it can or should be applied in feminist inquiry’20. Further critics assert that intersectionality research ‘became dominated by sociological investigations of law as a practice that was generally ill-suited to achieve change’ and thus ‘focused on law as a medium of performing identities, instead of exploring law’s potential to contribute to overcoming disadvantage”21. Thus, as ‘the definitions of intersectionality have advanced, so too have the challenges levied against the concept22,’ exhibited further in Leslie McCall’s discussion about the ‘complexity’ of intersectionality.23 With the wealth of the literature available on the topic, it comes as no surprise perhaps that there are divergent views as to what an intersectional approach should look like, and for what purpose it should be pursued. Two threads—what I have termed the two wings of an intersectional analysis—can clearly be discerned: that intersectionality has a representational/ constructivist function, and secondly that it has a structural/systemic wing, without which the bird of equality and anti-discrimination cannot fly. Without looking to the structural oppressions, which lie at the heart of any claim of discrimination by those at the intersections of multiple identities, a state of equilibrium cannot be reached. This is precisely the concern that AfricanAmerican political scientist Jordan-Zachery expresses when it comes to ‘doing intersectionality’, that the ‘new insights into the conceptualization and definition of intersectionality trouble its initial conceptualization’24; that, while the way in which intersectionality is employed as a descriptive tool plays an important role, ‘focusing only on the descriptive analysis ignores the liberation/political framework of intersectionality”25. This becomes acutely manifested in the cases brought by Muslim women situated at the intersections of religion and gender. It is suggested that the unique potential of intersectionality is its power to address disadvantage at the individual level—giving a voice to the voiceless –and the structural level: Intersectionality is sympathetic and applicable to both the structural level of analysis and individual-level phenomena via its domains of power thesis, which recognizes the various terrains on which politics plays out, both structural and interpersonal. In recognizing both aspects of ‘intractable political problems’, intersectionality bridges part of the theoretical gap between critical theory, which often faces the dilemma of overemphasis on structural explanations, and liberalism’s privileging of the atomized individual.26

MAPPING NEW ‘SITES’ OF INTERSECTIONAL DISCRIMINATION: THE CASE OF THE MUSLIM WOMAN I began with this paper with my own experience as a subject of this intersection. Further, in presenting this paper at the ‘Conference on Migration, Family and Dignity’, in Doha, in March 2012, I started by asking the questions posed by Jordan-Zachery, re-framed to fit where I find myself situated: ‘Am I a Muslim woman or a woman who is a Muslim?’ Like Jordan-Zachery, I find myself both excited and frustrated to be able to engage the issues intersectionality presents: ‘My

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frustrations result from the fact that intersectionality is something I live every day. As I confront many of the challenges faced by [Muslim] women, it is not an academic exercise that I can simply leave behind when I turn off my computer. Intersectionality is not another analytical tool for me to pull out of my methods bag of tricks’ .27 It is my hope that by utilising my own experiences, and extrapolating to the way courts deal with discrimination against women similarly situated, I am able to illustrate the continuing efficacy of intersectional methodology. I have sought to use my narrative, in line with the classic approach of intersectional analysis as set out in the early narrative essays that defined the field, where “narratives take as their subject an individual or an individual’s experience and extrapolate illustratively to the broader social location embodied by the individual. Often such groups are ‘new’ groups in the sense of having been named, defined, or elaborated upon in the process of deconstructing the original dimensions of the master category”28. With the banning of religious symbols—including the Muslim headscarf, the hijab—across European states, I now turn to an analysis of the European Court of Human Rights, and its assessment of cases brought before it in the strong tide of Muslim women turning to the court for relief. The two cases that will be examined relate to the ban of the hijab in education: Dahlab v. Switzerland (2001)29 and Sahin v. Turkey (2005)30.

EVALUATION OF THE EUROPEAN FRAMEWORK: DISINGENUOUS INTERSECTIONALITY There has been a steadily increasing amount of literature on intersectional discrimination against Muslim women. In the recent volume on ‘European Union Non-Discrimination Law and Intersectionality’, various authors have tackled the issues that arise. Indeed, it is taken as a given that ‘new manifestations of disadvantage at the intersections of ethnicity, language, religion and gender have emerged, with the consequence that the situation of Muslim and Romani women in Europe has become a seismograph revealing the effectiveness of the response of EU equality law to intersectional discrimination”31. Roseberry, for example, establishes that judicial approaches to bans of the Muslim headscarf are heavily influenced by the assimilationist paradigm, which makes a sharp distinction between identity and behaviour 32. Further, in her analysis of legal responses in France and Germany, Fehr posits that what is in fact at play is an intersectional analysis: what she terms ‘intersectional prejudice’—that ‘when one reflects on the core assumptions on which the laws are based, the headscarf controversies reveal more than mere coincidental intersectional discrimination” 33. When brought before the Court, cases involving discrimination against Muslim women are usually framed as the freedom of religion or belief (Article 9) or discrimination on the basis of religion (Article 14), the prior being categorised as a human rights claim and the latter being a case falling under equality or non-discrimination law34. Yet, regardless of how the cases are framed, ‘the courts have generally upheld these dress codes against both kinds of claims’35. In her newly published book, Howard reaches the same conclusion after an examination of the bans on religious symbols as a breach of the human right to freedom of religion, and as a breach of antidiscrimination laws. She concludes that the cases are more than likely to have exactly the same result36. Thus, Muslim women are being discriminated against in education and their voices are not heard. Their cases are falling through the cracks, highlighting the urgent need to re-imagine the purposes of anti-discrimination law, with the methodology envisaged by Crenshaw—namely, to identify the “dominant ideologies” at play in structural discrimination by revealing deepseated underlying assumptions that permeate European society as a whole.37 How can an intersectional approach assist here? It has been argued that the court has in fact utilised an intersectional approach when assessing such claims. I would like to probe this view in order to ascertain the shape that an intersectional analysis takes and for what purpose, by assessing the court’s reasoning in two leading cases: Dahlab and Sahin. I hope to show that by looking to the second purpose of intersectionality theory—as a way of redressing structural

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injustices—the cases fall short of what can be properly defined as an intersectional framework. In Dahlab, a primary school teacher was prohibited from wearing the Islamic headscarf (hijab) in the performance of her teaching duties. Notably, there were no complaints from parents of the teacher’s pupils. She complained of sex discrimination before the European Court of Human Rights and was dismissed by the court on the grounds that the measure ‘was not directed at her as a member of the female sex’ and that it is ‘a measure that could also be applied to a man who, in similar circumstances, wore clothing that clearly identified him as a member of a different faith’. Here we have the prototypical intersectional situation, wherein a Muslim woman’s case is dismissed because a Muslim man is not affected in the same way, and the ban does not significantly impinge on the rights of (non-Muslim) women, generally. This single-ground legalistic construction thus appears to completely reduce the reality of the lived experiences of Muslim women in the European context. In fact, in its analysis, the court goes further, to justify the prohibition in terms of the protection of gender equality: ‘It cannot be denied outright that the wearing of a headscarf might have some kind of proselytising effect, seeing that it appears to be imposed on women by a precept which is laid down in the Koran and which, as the Federal Court noted, is hard to square with the principle of gender equality. It therefore appears difficult to reconcile the wearing of an Islamic headscarf with the message of tolerance, respect for others and, above all, equality and non-discrimination that all teachers in a democratic society must convey to their pupils. Thus, without any attempt to explain its conclusions, the court summarily dismissed Dahlab’s sex-discrimination claim by relying on the generalisation that the headscarf is irreconcilable with gender equality. By contrast, Leyla Sahin brought her case not as a discrimination case per se, but as a violation of her freedom of religion and belief. The applicant did rely on Article 14, but not on the single ground of gender but on religion. Notwithstanding, the judgment is thick with statements on gender equality. In its Sahin judgment, the court relied heavily on its decision in Dahlab. As Vakulenko observes, it is difficult to see how the court could have taken any account of the interaction of Sahin’s gender with her religion (in the single-ground approach of the court, only the latter had been claimed), yet ‘both gender and religion act as decisive structural forces in the judgment’38, albeit as necessarily at odds with each other. Due to the centrality of these structural forces in the judgment, the case is read by Vakulenko as “both a promise and a disappointment for intersectionality”. The promise rests on the fact that structural forces are considered by the court. But its promise is also the very thing that undermines its analysis— according to Vakulenko, the court makes no attempt to connect the context to the particular applicant. However, I respectfully differ from Vakulenko’s analysis: Even if the court had directly applied this context of the antagonism between gender and religion to the individual applicant in this particular case, the structural forces identified (i.e. the context) is used to perpetuate existing misconceptions about Muslim women—assumptions that the court makes no attempt to explain; they are simply stated as given. Here, the term ‘intersectional prejudice’ manifests itself. According to the two wing approach identified above, I posit that this is not ‘doing intersectionality’. In its conscious desire to lift those women who are marginalised from the structural discrimination that they continue to face, intersectionality cannot, by definition, be a negative process. Specifically, it cannot be used to deny women at the intersections of multiple identities a remedy against discrimination. This is the liberating power of intersectionality, that it seeks to re-imagine anti-discrimination law, though not only through a deconstruction of legal consciousness, but through the exposure of the ‘otherness dynamic enthroned within the maintenance and perpetuation of white race consciousness’ which ‘seems to be at least as important as legal consciousness in supporting the dominant order’39.

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INTERSECTIONALITY AS A WAY FORWARD FOR ANTI-DISCRIMINATION LAW As can be seen from the two leading cases of the European Court of Human Rights of Dahlab and Sahin, assessments as to broader structural forces and context have already made their way into court practice. Although this process has been heralded as promising in terms of intersectionality, I have shown that it falls short of satisfying the two ‘wings’ of intersectionality—what I have termed disingenuous intersectionality, at best. Thus, the adoption of a contextual approach per se cannot be seen as an intersectional approach. This must be accompanied by the added and essential requirement, speaking to the purpose of intersectionality, that it should be utilised with a view to lifting those on the margins out of structural discrimination. ‘Doing intersectionality’, therefore, necessitates that it is carried out with the conscious aim to redress entrenched and structural discrimination against people at the intersections of multiple identities. In ‘doing intersectionality’ one cannot underestimate the importance of paradigm-shifting—re-imagining equality law after having brought in to the centre the voices of the marginalised and victims of structural discrimination. This is what will ensure the continuing relevance of intersectionality for the law and that it is employed with the primary view to remedying structural injustice. This is not identity politics for its own sake, but with a fixed purpose. Thus, it is imminently flexible in order to continue to re-imagine the law as circumstances demand. It is showing that it is perfectly capable of being adopted into judicial and quasi-judicial settings. At the international human rights level, the Committee on Economic, Social and Cultural Rights (the oversight Committee for the International Covenant on Economic, Social and Cultural Rights 1966) has expressly recognised intersectional discrimination40. On the domestic scene, for the first time after having being devised over twenty years ago, the grounds of intersectional discrimination found its way into an act of parliament. In fact, it was (almost) codified into national law in the United Kingdom. That the provision has since been shelved indicates rigorous debate and steadfast attention to the cause.

Endnotes: 1.

5. 6. 7. 8.

See for example, Daniel A. Farber and Suzanna Sherry, “Telling Stories out of School: An Essay on Legal Narratives,” Stanford Law Review 45.4 (1993).; and Christopher J. Rideout, “Storytelling, Narrative Rationality, and Legal Persuasion,” The Journal of the Legal Writing Institute 14 (1998). See Kathryn Abrams, “Hearing the Call of Stories,” California Law Review 79.4 (1991). for a useful overview of this body of legal scholarship. Legal storytelling had risen to such prominence in 1989, that it secured a symposium in a major law review: Symposium, ‘Legal Storytelling’ (1989) 87(8) The Michigan Law Review Association. See Jean Love, “The Value of Narrative in Legal Scholarship and Teaching,” Journal of Gender Race & Justice 87.2 (1998): 87. Richard Delgado, “Storytelling for Oppositionists and Others: A Plea for Narrative,” Michigan Law Review 87.8 (1989).. See also, Daniel G. Solórzano and Tara J. Yosso, “Critical Race Methodology: Counter-Storytelling as an Analytical Framework for Education Research,” Qualitative Inquiry 8.1 (2002): 32. who define the methodology of ‘counterstorytelling’ as “a method of telling the stories of those people whose experiences are not often told (i.e. those on the margins of society)”. Feminist legal scholars who embrace this view often speak of women’s ‘different voice’, borrowing from Carol Gilligan’s ground-breaking book Carol Gilligan, In a Different Voice: Psychological Theory and Women’s Development (London: Harvard University Press, 1982). For a comprehensive overview of ‘outsider’ narrative scholarship written by feminists, see Abrams, “Hearing the Call of Stories.” Abrams, “Hearing the Call of Stories,” 975. Edward W. Said, Orientalism (N.Y.: Pantheon Books, 1978). Mari J. Matsuda, “Looking to the Bottom: Critical Legal Studies and Reparations,” Harvard Civil Rights-Civil Liberties Law Review 22.2 (1987).

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10. 11. 12. 13. 14.

15. 16.

17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

Kimberle Williams Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,” The University of Chicago Legal Forum (1989).. A precursor to Crenshaw’s thesis can be found in the Combahee River Collective Statement, seen to be “among the most compelling documents produced by black feminists” (Harriet Sigerman, The Columbia Documentary History of American Women since 1941 (Columbia University Press, 2003) 316.). It was published in 1982 in the exceptional anthology Gloria T. Hull, Patricia Bell Scott and Barbara Smith, All the Women Are White, All the Blacks Are Men, but Some of Us Are Brave: Black Women’s Studies (Old Westbury, N.Y.: Feminist Press, 1982). See for example the “most general statement of [their] politics” as being “actively committed to struggling against racial, sexual, heterosexual, and class oppression and see as our own particular task the development of integrated analysis and practice based upon the fact that major systems of oppression are interlocking. The synthesis of these oppressions creates the conditions of our lives” at 13 (emphasis mine). Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,” 140. Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,” 154. Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,” 167. Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,” 149. Dagmar Schiek and Anna Lawson, “Introduction,” European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial, Gender and Disability Discrimination, eds. Dagmar Schiek and Anna Lawson (Farnham: Ashgate, 2011) 2. Crenshaw, “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics,” 149. I have borrowed this title from Julia S. Jordan-Zachery, “Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on the Meaning of Intersectionality,” Politics & Gender 3.02 (2007). Irene Browne and Joya Misra, “The Intersection of Gender and Race in the Labor Market,” Annual Review of Sociology (2003). Judith Squires, “Intersecting Inequalities: Reflecting on the Subjects and Objects of Equality,” The Political Quarterly 79.1 (2008). Jennifer C. Nash, “Re-Thinking Intersectionality,” Feminist Review 89 (2008). Kathy Davis, “Intersectionality as Buzzword: A Sociology of Science Perspective on What Makes a Feminist Theory Successful,” Feminist theory 9.1 (2008). Schiek and Lawson, “Introduction,” 2. Jordan-Zachery, “Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on the Meaning of Intersectionality,” 256. Leslie McCall, “The Complexity of Intersectionality,” Signs 30.3 (2005). Jordan-Zachery, “Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on the Meaning of Intersectionality,” 256. Jordan-Zachery, “Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on the Meaning of Intersectionality,” 261. Ange-Marie Hancock, “When Multiplication Doesn’t Equal Addition: Examining Intersectionality as a Research Paradigm,” Perspectives on Politics 5.1 (2007).. Jordan-Zachery, “Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on the Meaning of Intersectionality,” 258. McCall, “The Complexity of Intersectionality.” Dahlab v. Switzerland 2001 (ECtHR App. No. 42393/98). Sahin v. Turkey 2005 (ECtHR App. No. 44774/98). Schiek and Lawson, “Introduction,” 1.

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32. Lynn Roseberry, “The Assimilationist Anti-Discrimination Paradigm and the Immigrant Muslim Woman: Suggestions on How to Re-Conceptualize Discrimination Claims,” European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial, Gender and Disability Discrimination, eds. Dagmar Schiek and Anna Lawson (Farnham: Ashgate, 2011). 33. Stephanie Fehr, “Intersectional Discrimination and the Underlying Assumptions in the French and German Headscarf Debates: An Adequate Legal Response?,” European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial, Gender and Disability Discrimination, eds. Dagmar Schiek and Anna Lawson (Farnham: Ashgate, 2011) 124. 34. Erica Howard, Law and the Wearing of Religious Symbols: European Bans on the Wearing of Religious Symbols in Education (New York: Routledge, 2011). 35. Roseberry, “The Assimilationist Anti-Discrimination Paradigm and the Immigrant Muslim Woman: Suggestions on How to Re-Conceptualize Discrimination Claims,” 191. 36. Howard, Law and the Wearing of Religious Symbols: European Bans on the Wearing of Religious Symbols in Education 127. 37. Crenshaw makes this point explicitly in her clear misgivings about critical legal theory not grasping the importance of racism in American society. I have written on the ‘othering’ of the Muslim woman in Europe elsewhere (see Sevda Clark, “Female Subjects of International Human Rights Law: The Hijab Debate and the Exotic Other Female,” Global Change, Peace and Security 19.1 (2007).); suffice it to say here that its underlying assumptions have a densely woven history, having permeated literature and society stretching back centuries. 38. Anastasia Vakulenko, “’Islamic Headscarves’ and the European Convention on Human Rights: An Intersectional Perspective,” Social & Legal Studies 16 (2007): 191. 39. Kimberlé Williams Crenshaw, “Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law,” Harvard Law Review 101.7 (1988): 1381. 40. United Nations Committee on Economic, Social and Cultural Rights, ‘General Comment No. 20: Non-Discrimination in Economic, Social and Cultural Rights (art. 2)’ (2009) UN Doc E/C.12/GC/20.

REFERENCES • • • •

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Abrams, Kathryn. “Hearing the Call of Stories.” California Law Review 79.4 (1991): 971-1052. Print. Browne, Irene , and Joya Misra. “The Intersection of Gender and Race in the Labor Market.” Annual Review of Sociology (2003): 487–513. Print. Clark, Sevda. “Female Subjects of International Human Rights Law: The Hijab Debate and the Exotic Other Female.” Global Change, Peace and Security 19.1 (2007): 35-48. Print. Crenshaw, Kimberle Williams. “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” The University of Chicago Legal Forum (1989): 139-67. Print. Crenshaw, Kimberlé Williams. “Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law.” Harvard Law Review 101.7 (1988): 1331-87. Print. Davis, Kathy. “Intersectionality as Buzzword: A Sociology of Science Perspective on What Makes a Feminist Theory Successful.” Feminist theory 9.1 (2008): 67-85. Print. Delgado, Richard. “Storytelling for Oppositionists and Others: A Plea for Narrative.” Michigan Law Review 87.8 (1989): 2411-41. Print. Farber, Daniel A., and Suzanna Sherry. “Telling Stories out of School: An Essay on Legal Narratives.” Stanford Law Review 45.4 (1993): 807-55. Print. Fehr, Stephanie. “Intersectional Discrimination and the Underlying Assumptions in the French and German Headscarf Debates: An Adequate Legal Response?” European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial,

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• • • •

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Gender and Disability Discrimination. Eds. Schiek, Dagmar and Anna Lawson. Farnham: Ashgate, 2011. 111-24. Print. Gilligan, Carol. In a Different Voice: Psychological Theory and Women’s Development. London: Harvard University Press, 1982. Print. Hancock, Ange-Marie. “When Multiplication Doesn’t Equal Addition: Examining Intersectionality as a Research Paradigm.” Perspectives on Politics 5.1 (2007): 63-80. Print. Howard, Erica. Law and the Wearing of Religious Symbols: European Bans on the Wearing of Religious Symbols in Education. New York: Routledge, 2011. Print. Hull, Gloria T., Patricia Bell Scott, and Barbara Smith. All the Women Are White, All the Blacks Are Men, but Someof Us Are Brave: Black Women’s Studies. Old Westbury, N.Y.: Feminist Press, 1982. Print. Jordan-Zachery, Julia S. “Am I a Black Woman or a Woman Who Is Black? A Few Thoughts on the Meaning of Intersectionality.” Politics & Gender 3.02 (2007): 254-63. Print. Love, Jean. “The Value of Narrative in Legal Scholarship and Teaching.” Journal of Gender Race & Justice 87.2 (1998): 87-97. Print. Matsuda, Mari J. “Looking to the Bottom: Critical Legal Studies and Reparations.” Harvard Civil Rights-Civil Liberties Law Review 22.2 (1987): 323-400. Print. McCall, Leslie. “The Complexity of Intersectionality.” Signs 30.3 (2005): 1771-800. Print. Nash, Jennifer C. “Re-Thinking Intersectionality.” Feminist Review 89 (2008): 1–15. Print. Rideout, Christopher J. . “Storytelling, Narrative Rationality, and Legal Persuasion.” The Journal of the Legal Writing Institute 14 (1998): 53-86. Print. Roseberry, Lynn. “The Assimilationist Anti-Discrimination Paradigm and the Immigrant Muslim Woman: Suggestions on How to Re-Conceptualize Discrimination Claims.” European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial, Gender and Disability Discrimination. Eds. Schiek, Dagmar and Anna Lawson. Farnham: Ashgate, 2011. 191-208. Print. Said, Edward W. Orientalism. N.Y.: Pantheon Books, 1978. Print. Schiek, Dagmar, and Anna Lawson. “Introduction.” European Union Non-Discrimination Law and Intersectionality: Investigating the Triangle of Racial, Gender and Disability Discrimination. Eds. Schiek, Dagmar and Anna Lawson. Farnham: Ashgate, 2011. 1-8. Print. Sigerman, Harriet. The Columbia Documentary History of American Women since 1941. Columbia University Press, 2003. Print. Solórzano, Daniel G., and Tara J. Yosso. “Critical Race Methodology: Counter-Storytelling as an Analytical Framework for Education Research.” Qualitative Inquiry 8.1 (2002): 23-44. Print. Squires, Judith “Intersecting Inequalities: Reflecting on the Subjects and Objects of Equality.” The Political Quarterly 79.1 (2008): 53-61. Print. Vakulenko, Anastasia. “’Islamic Headscarves’ and the European Convention on Human Rights: An Intersectional Perspective.” Social & Legal Studies 16 (2007): 183-99. Print.

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Family, Migration & Dignity Special Issue

Refugees and migration: Local governance, challenges and responses in the city of Johannesburg, South Africa Director: Human Development Directorate, City of Johannesburg

Wandile Zwane ABSTRACT The paper draws from the experiences of the City of Johannesburg, South Africa, to examine the way an emerging democracy can on one hand respond to the challenges faced by the families of its own citizens and on the other hand those faced by the migrant community. It further looks at the costs of not prioritising the needs of the migrant families and the manner in which community integration strategies can assist migrant communities to confront some of the challenges facing their families.

http://dx.doi.org/10.5339/ qproc.2013.fmd.2 ÂŠ 2013 Zwane, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Zwane W. Refugees and migration: Local governance, challenges and responses in the city of Johannesburg, South Africa, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.2

2 of 4 pages Zwane, QScience Proceedings 2013.fmd.2

INTRODUCTION South Africa in 1994 emerged from a brutal system of racial oppression that deliberately put in place policies, laws and practices that sought to undermine the African family and created conditions for its disintegration. The forced labour migration system compelled families to live apart, and the accompanying laws were aimed at eroding the roles and responsibilities of the African families. Recognising that it is the past and present challenges that continue to undermine the family, South Africa is in the process of developing legislation that seeks to “promote family life and strengthen families”. It is thus this development that will influence the country’s approach to the migrant families. It was post 1994 that South Africa saw a wave of refugees and migrants coming into the country in pursuit of safety from political upheavals in their own countries, and in many instances they were drawn by the allure of economic opportunities in flight from poverty. The South African urban refugee policy is considered to be “progressive and integrative” in that it gives refugees and asylum-seekers the freedom of movement, right to work and access to social services. In the absence of refugee camps, refugees and asylum-seekers bear the responsibility of finding work and to supporting themselves and their families. At the local level, the City of Johannesburg has adopted the 2040 Growth and Development Strategy that among other goals strives to achieve substantially enhanced quality of life for all. For diverse cities such as Johannesburg, clear priorities exist: using the build form to create greater social cohesion and inclusion, by creating shared spaces for interaction amongst diverse members of the nation, and working actively to build bridges across diverse communities, while focusing on inclusion and well-being for all. These actions are critical in order that diversity may serve as a source of resilience rather than conflict (Joburg Growth and Development Strategy Document).

CITY OF JOHANNESBURG CONTEXT The City of Johannesburg as the economic hub in the continent is the favoured destination for migrants and refugees from around the country and as such acts as a recipient, a sender, and a transit city for migrants. The migrant integration policy of the City of Johannesburg acknowledges that the migrants whether documented or undocumented live in local communities and as such the city plays an unavoidable frontline role in managing the integration of all classes of migrants. Migrants—including irregulars—consume services, participate in the informal economy and are predominantly residents of socially excluded areas targeted for assistance. Crossborder migrants are accused by certain organized groupings—rightly or wrongly—of being illegitimate competitors for scarce social resources, including low- or semi-skilled employment and opportunity to trade. The conflicts arising from these accusations, and their consequences, occur and must be managed at the local level, as they starkly did (and were) in the wave of xenophobic attacks directed against internal and cross-border migrants living in Johannesburg’s disadvantaged communities, which occurred over the course of May and June of 2008 (Joburg Migrant Integration Policy).

CHALLENGES FACING FAMILIES The contemporary family’s content and structure is reflective of the impact of the historical and societal factors. However, what is fundamental is that the family is responsible for socialisation, nurturing, caring for and protecting its members. The reality, however, is that families, migrant and local alike, are under threat and are constantly struggling to fulfil these critical roles.

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The challenges facing migrant families can never be looked at in isolation from the challenges of families under distress in host countries and cities. Migrant families join the ranks of the marginalised sections of society whose family structures are weakened and already facing the brunt of the urbanisation movement, characterised by high levels of poverty and inequality; high unemployment, particularly among young people, and disease and overcrowding among others. They come into a contested space for limited resources. Yet, an attempt to treat migrant families’ challenges as a separate category of circumstances requiring a differentiated approach from those of the local population could not only compromise the attention paid to issues migrants face but also expose them to xenophobic attacks. Migrant families fall under the category of “families in transition.” Families in transition are typically characterised by change or disruptions, which in this case comes as a result of migration. The key challenges brought by dislocation from the support systems and familial connection in the country of origin among others includes not knowing the language, finding accommodation and schooling for children, and accessing skills to compete in the labour market—or simply finding a job. The proposed legislation on supporting and strengthening families will have a profound impact on the support that the country provides to the migrant families given the fact that families in transition need special support from the state to address problems arising from life changes and events (Patel, 2005). The support will need to be culturally appropriate and sensitive to gender, age, race and disability issues. The migrant families will need to be prioritised like any other family that is under threat, vulnerable or are unable to function optimally in society. The cost of not assisting these families is their members’ dysfunction, a burden not only on other sections of society but on the state itself. This dysfunction manifests as social ills that may include illiteracy, crime, drug dependency, single-headed households, problem youth and other related problems.

CITY OF JOHANNESBURG RESPONSE TO THE CHALLENGES Migrant help desk reception strategy The City of Johannesburg in April 2007 set up the first-ever municipal initiative in South Africa to respond to the challenge of integrating migrants. Like in many countries management of migration is a national government competency, the response thus sought to address local realities. It is an initiative that right from the beginning was developed in partnership with migrant associations and advocacy groups. Five years later, having piloted the locallybased intervention, the city has partnered with NEPAD of the African Union to bring together international organisations like the International Labour Organisation, UNICEF, Southern African Development Bank among others to improve coordination of responses to the needs of migrants and initiate work with sending cities. At the same time the city supported by the United Nations Development Program is in the process of replicating the model in three other major cities across the country. The city has also received support from the UNDP to strengthen the Migrant Help Desk to better support and respond to the needs of the new arrivals. It is this support that will enable the city to begin to assist both internal and cross-border migrant not just as individuals but also as families. It is a first major step in that direction. In the case of the new families, they will be assisted to understand how the city operates through an orientation programme, touching on things like how to access municipal services, register children in school, learning a local language, training city officials on understanding migrants challenges, educating locals and encouraging migrants to participate in community structures like the school governing bodies, street committees and community police forums.

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In the past five years there have been five working groups made up of migrants associations and government departments working on the key issues that inhibit the integration of migrants: • The Education Working Group strives to assist migrants in attaining access to education. On the other hand, it works with educated professionals to help them gain recognition for their qualifications • The Shelter Working Group addresses the dire need for shelter for migrant communities, many of whom live in abandoned buildings in the inner city. This working group has particularly identified the shortage of shelter space for males and family units causing the splitting up of families in shelters, which is a major challenge. • The By-Laws and Street Trading Working Group serves migrants involved in various small and big business enterprises in Johannesburg. The group is involved in the development of a policy by the Economic Development Department of the city. • The Health Working Group ensures deeper understanding of the health care system by migrants. While primary health care access is free, there has been a huge problem for migrant patients who do not understand English or other indigenous languages, which places them in a vulnerable and difficult position. This finds parents bringing their children to the clinic to act as interpreters. In partnership with the Migrant Health Professionals and Refugee Nurses Association (RNA) the city has been able to pilot interpretation services at the local city clinics, and parents are now coming on their own. Their privacy and dignity has been restored through this service. • The Social Assistance Working Group provides assistance to vulnerable groups and is, at times, the only means of hope and survival as the self-integration policy for refugees in South Africa does not provide a safety net for vulnerable groups

RECOMMENDATIONS •

•

Cities are ideally placed to play a role in building resilient families and nurturing communities. This means access to affordable housing, strong neighbourhood institutions, safe streets, supportive social networks, and an environment that promotes communities and strengthens bonds between families (National Human Services Assembly, 2004). We recommend strategies that put in place programs that work for families, improving their ability to respond positively to an adverse situation and emerge from it feeling strengthened, more resourceful and confident than before (Simon, et al., 2005). Protective family support seeks to strengthen the coping and resilience of children and adults in relation to identified risks or threats experienced within individual families. Examples of protective family support include: day fostering for children of drugabusing parents; refuge and support groups for women who are victims of domestic violence, and support programmes in child behaviour management for parents encountering serious problems in this regard. Protective family support will recognise the value of relationships, routine (such as bedtime) and rituals (such as birthdays and Christmas) in giving greater structure and stability to home life for a child in stressful family circumstances (Galligan, 2000:15). Many migrants are in a constant state of fear irrespective of their status, often feeling powerless to claim their rights. We propose working with various institutions to ensure that the protective policies are transformed into protective practices that promote the integration of migrants in particular into community life. Taking into account that the responsibility for this lies with the new comers, it is understood that locals and local government can only play a facilitative role to encourage this co-responsibility.

The major task ahead is based on how local government designs strategies for migrants and their families keeping in mind the host city or country and where they come from. This implies also that cities work even harder to advocate that rights on paper are actually translated into reality for migrants.

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Children, education and migration: Win-win policy responses for codevelopment University of Houston and UNICEF

Jeronimo Cortina ABSTRACT Among the many challenges that the world faces today, one is of particular relevance to international migration and development. The world faces significant demographic changes affecting the future developmental prospects of both developed and less developed countries. More developed countries are simultaneously facing low fertility rates and ageing populations, while less developed countries, in contrast, are experiencing higher birth rates and a significant “youth bulge.” The fiscal, social, economic and political implications of these imbalances are obvious for both developed and less developed countries, while the policy interventions to attenuate these impacts, however, are not so obvious. More developed countries, for instance could increase productivity levels, significantly increase the age of retirement and eligibility for benefits and could potentially use other tax revenues to fund benefits. For less developed countries the policy choices are basically reduced to interventions seeking to increase the rate of economic growth in order to incorporate younger generations into the labour market and to expand the state’s capacities to provide basic social services such as health and education. One of the single most accommodative policies that could potentially address these challenges is international migration. On average, migrants tend to be young people seeking for the most part better economic prospects to support their families. Migrants moving from countries with high unemployment rates, and dire prospects to better their lives, to countries with an increasing ageing population and low fertility rates could not only balance out these demographic imbalances but also improve the developmental prospects of both developed and less developed countries.

http://dx.doi.org/10.5339/ qproc.2013.fmd.3 © 2013 Cortina, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Cortina J. Children, education and migration: Win-win policy responses for co-development, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http:// dx.doi.org/10.5339/qproc.2013.fmd.3

2 of 11 pages Cortina, QScience Proceedings 2013.fmd.3

Introduction Migration has the potential to deliver many positive benefits for development and poverty reduction and to contribute to the achievement of the Millennium Development Goals as well as shape the post 2015 development agenda. Given the new contours of the global economy—in which human capital accumulation is the prime engine of economic growth for countries and of social mobility—international migration by itself is not going to solve countries’ developmental challenges. In order to realize migration’s positive developmental impacts and to minimise some of the challenges and inequities created by the complex relationship between migration and development, countries need to invest in migrants’ human capital development and capabilities. This will help ensure that both migrant sending and receiving countries’ demographic and developmental prospects are considered and will also create triple-win co-development policy responses for migrants and their families, countries of origin and countries of destination. Based on a meta-analysis from the latest OECD Programme for International Student Assessment (OECD 2010, 2011), this research note will explore and compare some of the educational outcomes of migrants and native-born students and suggest policy recommendations to maximize migrants’ educational achievement. Educational achievement is of significant importance for countries’ global competiveness. If countries want to be competitive, they will need a well-educated and prepared labour force. Educational achievement is also important for migrants’ social integration in host societies, for countries’ labour market outcomes and ultimately for countries developmental prospects. The rest of this research note is organized as follows: Presentation of a statistical profile of international migrant children, adolescents and youth in order to contextualize the magnitude of the issue; presentation of PISA’s main results pertaining to education and migration, and presentation of the main policy recommendations and challenges ahead.

International Migrant Children Adolescents and Youth: A Statistical Profile Many children, adolescents and youth migrate accompanied by either their parents or guardians but many more migrate unaccompanied and are thus more vulnerable to exploitation and abuse. Others are born to migrant parents or migrated with them as infants, and face significant risks of being excluded from provision of social services such as education. Education is one of the most important social and economic “equalizers” available to policymakers. Education is of extreme importance given that today’s students will become tomorrow’s leaders, workers, entrepreneurs and parents. Their education and human capital formation is thus vital for their upward social mobility and for the host countries’ developmental prospects. Globally, there are some 33 million international migrants under the age of 20 (compulsory education on average entails children and adolescents between the ages of 6 and 18), which represents around 16 per cent of the total migrant population of 214 million (see Figure 1 for distribution).

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International migrants between 0 and 4 years of age

International migrants between 5 and 9 years of age

International migrants between 10 and 15 years of age

International migrants between 15 and 19 years of age Figure 1. International migration of children and adolescents. Source: Migrantinfo.org Note: Includes foreign born and foreign citizens. Foreign born refers to persons born outside the country of enumeration. Foreign citizen refers to persons who do not have the citizenship of the country of enumeration. Scales are drawn using Jenks natural breaks to reflect the nature of the distributions.

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Sixty percent (20 million) of the total migrant population under 20 years of age reside in less developed countries, while 40 per cent (13 million) reside in more developed regions. Among young people, male migrants outnumber female migrants in all areas of the world. Globally, there are 94 female migrants for every 100 male migrants under the age of 25. Migrant females are least numerous in less developed countries in comparison to more developed countries. For every 100 male migrants under 25 years of age in less developed countries, there are 93 female migrants, while in more developed countries for every 100 male migrants there are 96 female migrants (see Figure 2).

Figure 2. Sex ratio (male/female)Source: MigrantInfo.org As Figure 3 shows, there are regional variations among migrants under 25 years of age. The proportion of international migrants under the age of 25 is greatest in Asia (37 percent), followed by Europe (25 percent), Northern America (16 percent), Africa (15 percent), Latin America and the Caribbean (5 percent) and Oceania (2 percent).

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Asia and Oceania

Africa

Americas

Europe Figure 3. Regional distribution of international migrant children, adolescents and youth. Source: Migrantinfo.org Note: Includes foreign born and foreign citizens. Foreign born refers to persons born outside the country of enumeration. Foreign citizen refers to persons who do not have the citizenship of the country of enumeration. Scales are drawn using Jenks natural breaks to reflect the nature of the distributions.

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Educational Outcomes Students with an immigrant background Figure 4 shows the percentage growth of students with an immigrant background (whether as 1st or as 2nd generation)1 between 2000 and 2009. Overall, the proportion of 15 year-old students with an immigrant background grew on average by 2 percentage points between 2000 and 2009. In some countries, students with an immigrant background constitute more than 5 percent of the 15 year-old student population. In Ireland, New Zealand, Spain, Italy, Canada, the United States, Liechtenstein and Russian Federation, for instance, students with an immigrant background represent between 8 and 30 percent of these countries’ total student’s population.

Figure 4. Students with an immigrant background 2000-2009 Note: Countries are ranked in descending order. Source: OECD PISA 2009 database, Table V.4.4 Given the magnitude of the student population with an immigrant background, investing on their education becomes a matter of social and economic security to ensure fulfillment of the countries’ labour market demands. Smart and timely investments on students’ achievement, in addition, not only increases their chances to improve their future wellbeing but also ensures a smooth school-to-work transition and full, efficient and effective labour market incorporation increasing the developmental potentials of countries. Smart and timely investments on education not only refer to economic or resource-like investments but also to policies that seek to incorporate both first- and second-generation students with a human rights and gender approach to the school system. Figure 5 shows the proportion of first and second-generation students among OECD and OECD-partner countries. The variation that exists across countries is worth highlighting. For instance, in Qatar and the United Arab Emirates the proportion of 1st generation students more than doubles that of 2nd generation students, while in traditional migrant countries, such as the United States and Germany, the proportion of 2nd generation students is greater than that of 1st generation students (see Figure 5).

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Figure 5. Students with an immigrant background—first vs. second-generation students Note: Countries are ranked in descending order. Source: OECD PISA 2009 database, Table II.4.1 The variation between countries in terms of the proportion of 1st and 2nd generation students clearly suggest that one-size-fits-all policy interventions seeking to incorporate students both culturally and linguistically are not likely to be successful. Successful policy interventions are those that will take into account the main differences that exist between native-born students and students with an immigrant background. Taking into account culture and language as a scaffold is not sufficient to ensure students’ successful integration into the education system. Parents’ relative position in the labour market, their skills and the socioeconomic composition of the household also need to be factored into policy interventions to maximize student’s chances to fully integrate into the educational system.

How are immigrant students doing in comparison to native-born students? Human capital accumulation through education has a significant impact on income inequality. Not investing meaningfully and in a timely fashion in education has long-lasting, detrimental effects on inequality reduction, which in turn will affect the entrepreneurial activity, aggregate income and economic development of countries. Investing only in certain populations (native-born students vs. foreign-born students) will create an uneducated and ill-prepared segment of the population that will not be able to compete in the global market or meet the demands of the domestic labour market thus hindering the competitiveness and productivity of the domestic economy as a whole. Native-born students outperform students with an immigrant background by an average of more than 40 score points (see Figure 6); however, significant variation exists between countries and within countries across time. For instance, in Belgium and Switzerland, the gap between students with an immigrant background and native-born students was narrowed by around 40 points between 2000 and 2009.

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Figure 6. Immigrant background and reading performanceâ&#x20AC;&#x201D;2000-2009 Note: Countries are ranked in descending order. Source: OECD PISA 2009 database, Table II.4.1 There are many explanations behind immigrant background and educational achievement, one of these has to do with the characteristics of the migratory flow; that is, with the socioeconomic characteristics of those who are entering and settling in a destination country. For instance in Australia students with an immigrant background perform better than native born students, while in Canada immigrant students perform as well as native students. One of the plausible reasons why students with an immigrant background perform equally or better than native-born students in Canada and Australia may be given by these countriesâ&#x20AC;&#x2122; immigration systems, which self-select potential immigrants based on education, skills, etc. This makes immigrant offspring more likely to excel in school given that their parents have the necessary resources to help them fully integrate into the educational system. The age of arrival also matters for a successful incorporation and consequently for studentsâ&#x20AC;&#x2122; performance. Children who arrived at a younger age tend to perform better than those who arrived at an older age. Figure 7 shows the differences in reading performance after accounting for socioeconomic background between 1st generation students who arrived at age 5 or younger and those who arrived at an age older than 12 years of age.

Figure 7. Differences among 1st generation students by arrival Note: Score point differences, which are statistically significant are marked in a darker color. Source: OECD PISA 2009 Database, Tables II.4.1 and II.4.3

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Figure 7 suggests that younger migrants more easily acculturate, assimilate or incorporate into the host countryâ&#x20AC;&#x2122;s educational system than those who arrived at an older age, who may experience more difficulties in adapting themselves to the new system. Smooth and stress-free incorporation to the new educational system will ensure an effective and efficient transition into secondary and tertiary education and eventually into the labour market. Relatedly, students who live in a fully-incorporated household and who speak the language of instruction at home also tend to perform better (see Figure 8). This pattern suggests that policies that seek not only to linguistically incorporate students but also their parents will likely payoff in student performance.

Figure 8. Home language and reading performanceâ&#x20AC;&#x201D;2000-2009 Note: Score point differences, which are statistically significant, are marked in a darker color Source: OECD PISA 2009 Database, Tables V.4.5 Full incorporation also entails full access in terms of opportunities and social mobility to immigrants. Immigrant parents often tend to be less educated than the native-born population and work in low-paying occupations having therefore less educational and economic resources at home than their native-born counterparts. Student performance can significantly be improved and the native-born and students with an immigrant background performance gap reduced simply by improving immigrantsâ&#x20AC;&#x2122; socioeconomic status (see Figure 9).

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Figure 9. Reading performance by immigrant status before and after taking into account for socioeconomic background Note: Score point differences, which are statistically significant, are marked in a darker color. Source: OECD PISA 2009 Database, Tables II.4.1 The data analysed in this section clearly shows the magnitude and the economic and social implications of immigrant students’ educational performance. This is even more relevant for countries in which the immigrant student population, whether as 1st or as 2nd generation, represent a significant part of the total student population. The incorporation of students with an immigrant background and of their parents not only into the educational system but also into mainstream society constitutes the foundational block for public policy formulation.

Policy Recommendations Key recommendations derived from OECD’s PISA analysis highlight that educational reforms to maximize the outcomes of children affected by migration should be grounded on a system of rights, equity in terms of access, and opportunities and shared responsibilities among countries of origin, destination and migrants themselves. The fiscal, demographic and developmental challenges that countries face are exacerbated by the new demands of the knowledge economy. Not efficiently and effectively investing in education, therefore, will be tantamount to forgo countries’ global competiveness and jeopardize their future economic growth. As discussed in the previous section, one-size-fits-all policy designs will not be the measure of success. Countries will need to design and implement ad-hoc policies that address the issues at the core; however, policy designs aimed at the education system should consider the following recommendations: •

Broaden the curricula by making them more culturally inclusive: Migrant incorporation into the educational system in particular and into mainstream society in general cannot happen within a rigid and nativist environment. Policy designs need to take into consideration the fact that international migration is truly a global issue whose effects are all around us. It has carved new contours that simultaneously create new opportunities that shape the daily economic, social and political interactions not only between countries but also among migrants, their children and host societies.

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•

Expanding programs for bilingual education and advocating for culturally-sensitive methods of promoting host country’s language immersion programs for pre-school children and immigrant mothers: Parents that speak the language of instruction can navigate and understand the educational system more efficiently and thus provide guidance to their children. Investing in immersion programs both for pre-school children and their mothers will reduce the costs of poor student performance and, eventually, drop-out rates. Tackling structural inequities regarding migrant’s access to education and school funding: Migrants should have equal access to opportunities and access to education and similarly funded schools. Leveling the playfield not only benefits migrants and improves their chances for upward mobility but it benefits society as a whole. Promoting a balanced public discourse on migration to address xenophobia, racism and discrimination against migrants and their families: A just and fair society cannot thrive without the inclusion of those who contribute to its growth. Promoting a balanced public discourse on migration is not only the right thing to do but also the right strategy to maximize migration’s developmental impacts.

Endnotes: 1.

First-generation students are those who are foreign-born and whose parents are also foreign-born. Second-generation students are those who were born in the country of enumeration but whose parents are foreign-born.

References • • •

OECD (2010). PISA 2009 Results: Overcoming Social Background: Equity in Learning Opportunities and Outcomes (Volume II), PISA. OECD Publishing. OECD (2011). PISA in Focus 11: How are school systems adapting to increasing numbers of immigrant students? OECD Publishing. Fraga L, Garcia JA, Segura GM, Jones-Correa M, Hero R, Martinez-Ebers V (2010). Latino Lives in America: Making it Home. Temple University Press.

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Foreign qualification recognition, labour market barriers and their impact on migrants and their families Regional Thematic Specialist for MENA, International Organization for Migration, Cairo

Michael Newson INTRODUCTION The issue of highly skilled and trained migrants not being able to practice or find employment in their chosen profession has become an increasingly relevant and public issue in recent years. In many major immigrant destination countries, unemployment and underemployment rates for immigrants have continued to creep upwards and immigrant outcomes have declined in comparison to native-born workers. This is while immigration regimes have become ever more restrictive, demanding higher levels of educational attainment, work experience, and language proficiency. What countless academics, practitioners, policy workers, and immigrants themselves have discovered is that there is often a significant labour market integration gap between the skills and training migrants bring with them to their new country and their ability to market and apply their qualifications in the labour market. The issue of foreign qualification recognition (FQR) has implications for all stakeholders within the migration process. Receiving countries have an interest to ensure that immigrants they have received in their country, and have invested in, maximize their contribution to the labour market and economy through the effective use of their skills and knowledge, and source countries have an interest in emigrants maximizing their earning potential as well as improving their skills and professional network in the expectation that such developments will reap returns in the form of remittances and knowledge transfer. Furthermore, employers have an interest in immigrants being able to use their skills and knowledge to fill key labour market gaps. Of course migrants themselves have an interest in maximizing their earnings as well as their professional satisfaction by applying their existing skills and training in the destination country. Too often though, these stakeholders have found themselves frustrated by systemic gaps and regulatory bottlenecks that have prevented the smooth professional transition from source to destination country.

http://dx.doi.org/10.5339/ qproc.2013.fmd.10 ÂŠ 2013 Newson, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

This paper will discuss some of the key challenges relating to foreign qualification recognition, identifying both the formal and informal obstacles migrants often encounter when looking to practice their occupation in a new country, with a special focus on the impact of these challenges on migrants and their families. The paper will conclude with several recommendations relating to policy and programming designed to facilitate the labour market integration process and enhance the value of migration to all stakeholders.

Cite this article as: Newson M. Foreign qualification recognition, labour market barriers and their impact on migrants and their families, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.10

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REGULATED AND UNREGULATED OCCUPATIONS When looking at FQR, it is important to distinguish between both the formal and informal barriers that may exist to having one’s skills and knowledge recognized in a new country. Indeed, the term ‘Foreign Qualification Recognition’ has been favoured over ‘Foreign Credential Recognition’ by most stakeholders, partly in recognition of the importance of the more informal elements of labour market integration. Successful integration into a new labour market is about more than just having your academic credentials formally recognized, it is also about getting employers to recognize the value of the skills and experience immigrants bring with them, and how these skills can be identified and harnessed within the labour market. The formal recognition of skills and credentials is of critical importance to migrants practicing a regulated occupation, i.e., an occupation requiring a license or permit from a designated authority in order to be legally practiced within a certain jurisdiction. In the case of regulated occupations, migrants will need to go through a formal credential recognition process in order to be able to practice their profession in their new home or to know what additional steps or training may be required before they are able to practice their profession. Given this requirement for formal credential and training equivalencies to be established, and for a centralized authority to grant permission to practice in the profession, regulated occupations pose a host of unique challenges to the FQR process that will be discussed below. Unregulated occupations do not require the legal recognition of one’s credentials by a designated authority and thus, migrants practicing unregulated occupations are not faced with the same formal legal barriers as those looking to engage in a regulated occupation. However, as will be discussed below, migrants in unregulated occupations encounter a number of challenges that may be characterized as ‘informal’, that can prevent their effective integration into the labour market. It should be noted as well, that these informal factors to FQR can be experienced not only by practitioners of an unregulated occupation but also by those in regulated occupations. Thus, migrants in regulated occupations can face a ‘double barrier’ of needing first to be legally authorized to work in the occupation and then having to navigate the more informal obstacles to successful labour market integration.

BARRIERS FACED BY MIGRANT WORKERS Regulated occupations The regulation of occupations is not a new phenomenon, nor is it a phenomenon unique to specific countries. All countries regulate certain occupations under their jurisdiction, and migrants practicing in regulated professions over the decades have had to navigate the process of qualification recognition. What has changed, and what has brought the issue to the fore of immigration policy in many countries, is that the flow of transnational migration has increased, significantly increasing the volume of requests for recognition, and testing the capacity of designated authorities. Additionally, the range of source countries has expanded significantly, with immigrants to a number of major destination countries now coming from countries where the education and training systems are either not well understood, or differ significantly from those of the country of destination. These two issues have resulted in delays and obstacles for immigrants in terms of getting their credentials recognized and their licenses to practice in countries of destination.

What’s regulated, where, and by whom? There are, of course, perfectly good reasons why certain occupations should be regulated and why it is important to ensure those coming to a country with the aim to practice a certain profession meet a set minimum standards before being able to practice. The main arguments for occupational regulation are based on concerns regarding individual and public health, public safety, and quality assurance in occupations that require certain specialized (and often

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jurisdictionally-specific) knowledge. Most of us would not want, for example, a medical doctor to treat us without some previous assurance that they are qualified to an accepted minimum standard. Likewise, occupations such as architect, engineer, pilot, or truck driver, or even skilled trades such as plumber, electrician, and carpenter, raise concerns from a public safety perspective regarding the safety of the services they are providing or of the integrity of the structures they are involved in building. For this reason, licensing is often required to practice these professions. Other professions, such as legal or accounting professions, can require specific knowledge relating to a jurisdiction’s legal or tax codes, for example, and for that reason require licensing in order to ensure quality of service. However, while occupational regulation can serve a valuable purpose in protecting consumers and the general public, licensing requirements can also serve as a form of protectionism, limiting supply and competition within a given occupation. The past decades have seen a proliferation of occupational regulation, in many cases with limited justification from a health, public safety, or quality assurance perspective. Thus, the challenge with FQR is not just that more and more people are migrating from different countries and need their credentials to be recognized, but also that more and more occupations are becoming regulated, requiring specified training and licensing in order to practice. In his work on occupational licensing, Morris Kleiner has documented the substantial growth of occupational regulation within the United States, noting that the percentage of the workforce engaged in a regulated occupation has increased from 5% in the 1950s to 23% today, with the number of occupations regulated within the United States ballooning to over 800. Kleiner also notes significant inconsistencies between jurisdictions within the United States on what types of occupations require licensing, with decisions to regulate often appearing more as the consequence of successful industry lobbying than any argument relating to public benefit. As Kleiner documents, in 2006, approximately 50 occupations were regulated in all 50 US states with an additional 800 licensed in only one or more states. A handful of states require licensing for occupations such as interior designers, florists, hairdressers, pet groomers, manicurists, and more. Similar trends in the expansion of regulated occupations can be seen in most OECD countries. The expansion of regulated occupations as well as the international and intra-national (in many countries occupations are regulated at a sub-federal level) protocols around occupations requiring licensing lead to two broad FQR challenges for immigrants: (1) more occupations now require official procedures for credential recognition and licensing, adding a layer to the process of labour market integration that is often cumbersome and time-consuming, and (2) inconsistencies in occupational regulation from one region to another mean that immigrants are often not aware that their occupation requires licensing and are unprepared when confronted with the fact only once they begin to seek employment in the country of destination.

Inflexible licensing procedures Another challenge immigrants practicing regulated occupations are often confronted with in the FQR process is the inflexibility of licensing systems in accepting foreign credentials. Licensing is conducted by a designated body that is responsible for professional administration and quality control usually within a certain geographical jurisdiction—such as at the federal level or the state level—and is based on that jurisdiction’s particular training system. The challenge with this model, whereby licensing is derived from a specific training program rather than a competencies-based approach, is that the system then has problems to integrate alternative training paths or training models into the licensing system. This leads to challenges when immigrants who have developed the required competencies through a different training system seek to have their credentials recognized. In some cases, training programs that may be superior or more comprehensive than those of the destination country are not recognized, and

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immigrants are required to re-do their training in the destination country in order to obtain a license. This process can represent an impossible financial and personal burden for the migrant. Where a certain flexibility does exist in licensing programs, and equivalencies between training programs can be determined, migrants are often faced with three key challenges: 1. The length of time it takes authorities to determine equivalencies can result in deskilling and reduced competitiveness in the labour market once the license is finally received. As mentioned above, the increase in the volume of requests as well as the growing variety of source countries and training institutions from which migrants have graduated has strained the capacity of authorities to respond to requests for credential recognition, leaving some immigrants waiting for years before their credentials are recognized. During this period, without the ability to practice, immigrants may lose their skills and be less attractive to employers once they are finally legally able to practice their profession in the destination country. 2. The application process and requirements can be confusing, taking a number of twists and turns along the way. Identifying who is responsible for licensing and how to apply for a license can often appear as a labyrinth to immigrants who may be required to contact institutions in their home country for documentation and prepare translations and certifications of official documents. Information on procedures and requests for documents often come in bits and pieces at various stages of the licensing process, leading to significant delays and frustrations and in some cases, preventing immigrants from completing the equivalency procedures. 3. Where equivalencies have been determined and gaps in the immigrantâ&#x20AC;&#x2122;s training have been identified, often courses do not exist to fill the specific, identified gaps. The result is that, even when credentials are recognized by the authorities, immigrants may still be required to redo a significant portion of their training simply in order to cover certain gaps that existed in their original training. In some cases this can mean that a training gap that could be filled within a specific course of several weeks or months instead takes a year or more. Challenges in the credential recognition and licensing process can thus result in significant barriers for immigrants, and the proliferation of regulated occupations means that these challenges impact ever more immigrants. As will be discussed further in the final section, many of the challenges relating to delays and requirements for paperwork could be solved or eased if prospective migrants could be made aware of licensing requirements and begin procedures for credential recognition prior to arriving in the destination country.

UNREGULATED OCCUPATIONS While migrants working in unregulated occupations do not face the same legal constraints to employment that those working in regulated occupations do, the informal barriers to employment can be significant and severely limiting, resulting in high rates of unemployment and underemployment.

Lack of employer recognition of qualifications Even in a globalized world with an unprecedented rate of international trade and international communication, employer awareness of foreign education programs and the value and quality of credentials from institutions beyond their borders is surprisingly limited. The problem, however, is less about being able to evaluate the qualifications, and more about risk aversion more broadly. Faced with a choice between bringing in an unknown component (someone with foreign credentials) and sticking with a tried and trusted brand, just like most consumers, most employers will choose to hire an individual with qualifications from schools and employers they recognize. This places migrants at a significant disadvantage in the labour market. Even when their credentials are equivalent or superior to those of native-born

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candidates, lack of employer awareness, and a tendency to avert risk in the hiring process results in poorer labour market opportunities and outcomes. Numerous studies have been conducted that demonstrate employers’ preference for hiring national staff, particularly in higher skilled occupations and professions. A recent Canadian study involved submitting resumes to employers with certain variables, including Anglo-Canadian versus “ethnic sounding” names, Canadian or foreign education, and Canadian or foreign work experience. Employer call-back rates were compared against the resume with an Anglo-Canadian name, Canadian educations and work experience1. The results of the study indicated that the greatest factor impacting call-back rates was the candidate’s name. Persons with names common to China, Pakistan, and India, were much less likely to receive a call-back than were persons with identical qualifications but with Anglo-Canadian names. Nevertheless, the study did demonstrate variables that favoured both Canadian education and work experience over foreign options. Similar studies in Europe and the United States have identified similar trends, with employers showing a strong preference for candidates with similar backgrounds to their own in terms of ethnicity, education, and work experience. Results of studies have indicated call-back rates between three and nine times greater for native-born candidates when compared to immigrants. Lack of employer awareness of the value of foreign qualifications, therefore, fits within a broader theme of employers’ hiring tendencies that limit labour market opportunities for immigrants. While such practices can often seem discriminatory, from the employer’s perspective, the objective is to avert risk by contacting and employing those candidates whose background is most familiar and whose “brand” is understood; so when faced with 20 good resumes and only wanting to conduct five interviews, employers are likely to select those five whose backgrounds are most familiar. Ironically, at times, this type of hiring practice can result in immigrants from specific source countries dominating the labour market in certain occupations, as a “brand” and reputation within a field is developed. Employers within certain sectors may seek out candidates with educational qualifications or work experience from a specific country based on the positive experience they have had with previous immigrants from these countries, or on a reputation that is spread by word of mouth across an industry. To give just a few examples, Filipino workers are sought out globally within the health sector as well as in maritime transportation; Indian workers are prevalent in the IT field throughout the world; and Mexican workers in the United States are highly regarded by employers in the construction sector. These “niche” labour markets, far from demonstrating enlightened hiring practices, in fact represent the same type of “risk aversion” strategy that limits immigrants’ opportunities in other occupational fields. In these cases, foreign qualifications are recognized and valued, but only those from specific countries that have built up their brand and their reputation.

Cultural differences, language ability and soft skills In addition to the hard skills and qualifications that can be put down on paper, so-called ‘soft skills’ play a vital role in determining any individual’s success within the labour market. In this area as well, immigrants can find themselves at a significant disadvantage as cultural misunderstandings and a lack of ‘soft skills’ unique to the corporate culture of the destination country, can lead employers to misread and undervalue a candidate’s skills and knowledge. For example, whereas in some countries it is common or indeed expected that candidates will highlight their experiences and past professional achievements, in other cultures such practices are frowned upon as boasting. A candidate, then, who enters an interview and does not highlight his past achievements may be seen by the employer as either lacking confidence or lacking the skills and experience required for the position. Maintaining eye contact, shaking hands, speaking about past achievements, and using humour in interviews, are all common examples of soft skills

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that, if not understood by immigrant candidates, may lead employers to misread the candidate’s broader qualifications for the position. Language ability is another vital component to an immigrant’s labour market success— indeed, a number of recent studies have identified language ability as the single most important factor for immigrants’ successful integration into the labour market. Perspectives on effective communication, language ability, particularly in technical areas related to a specific occupation or sector, can become, beyond their actual merit, key signals that employers use in determining an individual’s professional competence. Thus, immigrants who can communicate fluently in the language of the destination country still find their skills and competence negatively misread by prospective employers if they are not familiar with the technical vocabulary specific to their occupation. Language ability and soft skills, rather than being unique components that employers evaluate separately from a candidate’s hard skills and qualifications, instead act as signs that employers use to determine a candidate’s broader skills and competence. Such soft skills become all the more important when an employer is faced with a candidate with an unfamiliar educational or employment background. Immigrants’ lack of cultural know-how and limitations in language ability can thus act as important impediments to having their skills and qualifications objectively valued and appreciated by employers in the destination country and can negatively impact their integration into the labour market more broadly.

IMPACT OF BARRIERS ON MIGRANTS AND THEIR FAMILIES The barriers migrants face to having their qualifications recognized both formally and informally, as listed above, can have significant and long-term impacts on both the economic and social well being and development of migrants and their families.

Economic Impacts The economic impact of labour market barriers are obvious and take two broad forms: direct costs relating to applications for licensure and training programs, and the costs relating to lost opportunities, unemployment, and underemployment. The costs of applying for a license within a regulated occupation or of having one’s credentials evaluated for equivalency within unregulated occupations, in addition to being a lengthy procedure, can also involve significant direct and indirect costs. Costs relating to the process can include the direct costs of application, registration and licensing fees, as well as the indirect costs such as requests for transcripts and academic records, certified translation of documents, verification services for document authenticity, and courier costs. Over the course of the application procedure, these costs can quickly spiral into the hundreds or even thousands of dollars. Where additional training or courses are required in order to meet licensing standards, costs can spiral even further into the tens of thousands, making the process financially out of reach for many migrants and their families. More significantly though, unemployment and underemployment are experienced by many immigrant families, particularly in the early years of the migration process, and can have long-term consequences for the family unit. In most cases, immigrants do not arrive in their new country with sufficient funds to sustain themselves and their families over an extended period while they await licensing, re-train for their occupation, or seek employment in their field. Economic pressures are often such that new immigrants are required to find ‘survival jobs’ in occupations well below their skill level while they continue to look for opportunities more closely aligned to their training. However, far from being a temporary condition, many immigrants find themselves stuck in survival jobs for years as the economic necessities of the present, limit

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their capacity (both in terms of time and economics) to build their skills and qualifications for future success, and the skills and knowledge they brought with them begin to deteriorate in what is known as ‘brain waste’. Several recent studies have demonstrated how long spells of unemployment or underemployment in the initial stages of the migration process have long-term repercussions for the economic outcomes of migrants. Further, extended periods of employment in lower income occupations have an obvious negative impact on the immigrant family unit as a whole and on the family’s ability to effectively integrate into their new community. In many cases, one parent may be required to take on two jobs or both parents may be required to work full time in order to meet the family’s economic needs, often leaving children at home alone without supervision. Several studies have demonstrated how such circumstances impact children’s educational outcomes and the ability of immigrant children to adapt to a new education system. The consequences of underemployment are therefore not only short term but can reach even into the second generation as the entire family unit feels the social and economic impact.

The case of temporary foreign workers The case of Temporary Foreign Workers (TFW) is somewhat unique and separate from those of permanent immigrants. Whereas most permanent immigrants arrive in their country of destination without a job, in most TFW cases, the worker arrives with a job offer in hand and indeed the job offer is a condition for receiving the work permit in the first place. While different systems and circumstances exist throughout the world, in the majority of cases, particularly for lower skilled occupations, TFWs arrive alone, with the family remaining in the country of origin and dependent to a greater or lesser degree on the remittances received from the working spouse. In the case of TFWs arriving with a job offer, there is clearly no concern about the recognition of one’s qualifications as the employer has already positively evaluated the applicant and offered a position. In many ways though, the greatest FQR challenge for TFWs is the opposite of those experienced by permanent immigrants, whereby an employer positively evaluates an individual’s qualifications abroad only to discover upon arrival that the worker does not possess the skills or training to the level the employer had expected. This mismatch occurs because of an ignorance on the part of both the employer and the worker on the level of qualifications expected within a given occupation in the source and destination countries, and the lack of any transnational system to effectively evaluate and compare skills and training systems between source and destination countries. The economic consequences of this type of skills mismatch can be severe for TFWs; the worker may be fired and returned to their country of origin, or offered a lower-level position with a reduced salary. In extreme cases, where the worker may have taken out large high-interest loans in order to pay the costs associated with recruitment, this may result in devastating and dangerous consequences for the migrant and his/her family if they are unable to repay the loan. Even in less extreme cases though, TFWs and their families can experience long-term negative impacts as the TFW may not be able to remit sufficient funds for the family’s needs or achieve the level of savings needed for his/her longer term development plan. In many of these cases, ultimately, the worker ends up remaining abroad for a significantly longer period than they had originally anticipated as the length of time it takes to repay debt obligations and reach savings targets is increased. As numerous studies have demonstrated, these long-term separations between migrant workers and their families have an important impact on family cohesion and childhood development.

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Psycho-social impacts In addition to the negative economic impacts immigrants experience from challenges relating to FQR and labour market integration, there are also a number of negative psychosocial consequences that can result from the process. The single greatest emotional challenge identified by most new immigrants is stress resulting both from challenges in the adaptation and integration process, as well as from economic concerns linked to periods of unemployment and underemployment. The stress immigrants can experience from economic pressures and challenges to penetrate the labour market can have an important impact not just on their psychological well being and that of the family, but also on their broader health condition. Loss of social status and of self-esteem is a second psychosocial consequence that is commonly identified by immigrants who struggle to integrate into the labour market and experience periods of unemployment or underemployment. The phenomenon goes beyond the simple economic challenges of having to take up lower-remunerated employment, as immigrants begin to question their own self-worth and their own competence when they are unable to find employment that matches their skills. Immigrants in many qualitative studies have indicated going through periods of profound self-doubt due to the challenges they face in successfully integrating into the labour market and in having their qualifications recognized by employers. In addition to the emotional challenges one may experience as a consequence of taking on employment of a lower social status, the same qualitative studies also indicate a level of frustration simply in not being able to practice what one has been trained for; that is, a lack of professional satisfaction in not being able to practice one’s chosen occupation. Put simply, a lawyer who moves abroad and only finds work as a waiter will be dealing with a very different set of emotions than a waiter who moves abroad and finds work as a waiter, even if they are in the same economic circumstances. A final and unsurprising psychosocial consequence of FQR challenges commonly identified by immigrants is a profound sense of frustration. While the frustration with delays in licensing, or with employers not responding to applications, or in unsuccessful interviews, are perfectly natural and experienced by native-born and immigrant job seekers alike, immigrants can begin to interpret these obstacles or cases of rejection as instances of xenophobia or racism and generate an impression that they are being discriminated against by a xenophobic training and the labour market system more broadly. The danger of this is that immigrants enter into a ‘no solutions mentality’ and gradually lose their determination to achieve their initial objectives. Immigrants who develop a sense of systemic discrimination due to the frustrations of the FQR and labour market integration process will stop looking to improve their soft skills for interviews or applications, improve their language skills in technical areas, or engage in other activities that may improve their chances of labour market success.

Improving FQR and migrant outcomes The above sections have identified several of the common challenges migrants face in the foreign qualification recognition and labour market integration process, as well as some of the more significant economic and psychosocial consequences of these challenges for migrants and their families. What should be clear by now is that any attempt at a solution to these issues will not be easy and there is no silver bullet that will solve the myriad challenges immigrants face in the labour market. Instead, what is required is an array of programs and policy developments, along three broad lines, that will facilitate migrants’ ability to have their skills recognized and to effectively navigate the labour market: • Improving qualification recognition systems to reduce unnecessary and overlyprotective barriers • Improving employer awareness of foreign qualification equivalencies and of the value of employing a multicultural workforce

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Providing direct assistance for migrants to better navigate the labour market within the barriers that exist

Improving Recognition Systems The proliferation of regulated occupations is one issue that was identified as a growing barrier for immigrant integration. Unnecessary regulatory controls can limit job growth and are an obvious obstacle for foreign-trained workers to enter the labour force. Clear guidelines that identify the legitimate reasons for occupational regulation could prevent the growth of regulation as an instrument for occupational protection. Additionally, the use of less arduous regulatory systems such as linking licensing to use of a specific title rather than the ability to practice a certain occupation, or operating a registration system rather than requiring specific training for occupations where individual or public safety is not a significant factor, would reduce the level of obstacles immigrants face in entering regulated occupations. Where occupational regulation does exist, Mutual Recognition Agreements (MRA) between states or specific occupational authorities of given states are the ideal way of breaking down the barriers of qualification recognition. While the authority in the destination country may still require some time to determine the authenticity of an immigrantâ&#x20AC;&#x2122;s credentials and issue a license, MRAs can greatly reduce the time and paperwork involved in the process, and significantly facilitate the FQR process by foregoing the analysis to determine the equivalency of credentials. With MRAs, the equivalency of credentials is determined for the relevant occupations in advance. While the majority of MRAs in existence still place the burden of proof on the immigrant to demonstrate they meet the criteria for qualification, more advanced MRAs, such as the Lisbon Recognition Convention, instead place the burden of proof on licensing authorities; in such cases, the migrant is allowed to practice his/her occupation in the country of destination unless the relevant authority in the destination country can establish a legitimate argument otherwise. One of the greatest obstacles to developing MRAs at the state level is the broad and farreaching implications of such an agreement, requiring the approval and cooperation of multiple stakeholders responsible for labour relations and certification. Such agreements can therefore take years to establish and can easily breakdown due to disagreements within certain economic and professional sectors. For this reason, from a results perspective, sector-specific or institutionspecific MRA initiatives, though not as comprehensive, can often be more productive, achieving higher success rates and establishing agreements in a shorter amount of time. They can also serve as the seeds for FQR on which further cooperation and broader MRAs may be built at a later stage. Multilateral MRAs between professional associations of accountants, architects, and engineers, for example, have been built up over decades and provide examples on which new agreements may be built. Finally, unilateral initiatives by institutions or professional associations can be established to recognize credentials awarded by foreign training programmes or specific foreign institutions. Such initiatives, however, usually only materialize when a sector is experiencing an acute labour shortage and the need for foreign labour is significant. The process can be extremely costly and time consuming, involving a planning process that goes beyond typical business cycles and, as the financial burden of the initiative is usually assumed by a smaller group of actors (employers and practitioners) within a certain sector, employers and sector associations are often reluctant to take on this burden. Governments can facilitate these initiatives, however, by working in cooperation with sector groups and providing support and financial incentives to develop recognition systems. An example of this is the Government of Albertaâ&#x20AC;&#x2122;s recently established FQR Innovation Fund, which provides financial support to sector-based initiatives in FQR.

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Improving employer awareness of foreign qualifications and equivalencies As noted in the previous sections, even when one’s qualifications may be officially recognized as equivalent in the destination country, in many cases, employers may still be reluctant to hire an individual with foreign credentials due to a lack of awareness about the quality of education and its equivalency to qualifications in the country of destination. As it is, employers ultimately hold the cards in labour market integration. Improving employer awareness of foreign qualifications and of the value of hiring a multicultural labour force is an essential component to reducing the barriers immigrants face to successful labour market integration. Here, there are several steps governments can take to assist the process: • Establishing broad, unofficial equivalency benchmarks or Education Overview Guides for foreign training programs, and communicating this information to employers in a user-friendly, easy-to-understand format, can help employers better understand the education systems of other countries and better evaluate immigrant candidates’ credentials when they receive CVs • As private sector employers are often sceptical of government understandings of skills/equivalencies in a labour market context, developing a platform for information exchange between employers or soliciting employer participation and including employer experience in the Education Overview Guides themselves can be a useful way for employers to exchange experiences and to receive employer buy-in for the product and the initiative as a whole • Raising employer awareness about cultural differences and providing tools for creating a successful multicultural work environment can help to alleviate employer anxiety about hiring immigrants and can help them effectively address certain challenges if and when they arise • Developing incentive programs for the short-term hiring of new immigrants can help not only alleviate any concerns or misunderstandings employers may have about hiring someone with foreign qualifications, but also allow employers to see firsthand the potential benefits of a multicultural workforce, such as an improved ability to serve immigrant clients or greater knowledge and capacity to penetrate foreign markets

Programs to facilitate labour market transitions While working to reduce or eliminate the systemic barriers that immigrants face when they look to enter a new labour market, it is important to realize that immigrants will always be faced with specific integration challenges and that, in addition to developing policies and programs to reduce the number of challenges encountered, direct assistance programs are required to help immigrants navigate and adjust to the realities of the labour market. The creation and expansion of targeted ‘bridging programs’, that allow immigrants to ‘fill in the gaps’ between their previous training and the licensing requirements of the destination country without undergoing lengthy training courses that duplicate their previous training, are essential for effective immigrant integration within regulated occupations. Bridging programs can dramatically reduce both the financial and personal commitment immigrants are required to make to achieve licensing in their occupation, reducing the amount of time immigrants must remain in survival jobs and, indeed, reducing the proportion of immigrants who take an alternate career path altogether because qualification in one’s previous occupation is overly arduous. Programs can also be developed to help immigrants better understand the labour market and work environment of the destination country and build the necessary ‘soft skills’ for success. This can include occupation or sector-specific language programs, and training in job searching, CV and cover letter writing, as well as interview skills. Additionally, establishing mentorship and job-shadowing programs can help immigrants create professional networks and build local experience. In much the same way internship programs help young people first enter the labour

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market, mentorship programs assist migrants (as entrants into a new labour market) to gain experience and build a local network within their field. Finally, programs must be designed and developed to help immigrants address the financial challenges associated with FQR and labour market integration, challenges that too often result in immigrants permanently underemployed in a field outside of their previous profession and skill set. In regulated occupations, developing a system that allows prospective immigrants to begin the FQR and licensing process prior to arriving in the destination country can dramatically reduce the opportunity costs borne by immigrants. In most cases, prospective migrants are gainfully employed in the country of origin prior to immigrating and, thus, do not face the same type of economic challenges encountered when they arrive unemployed in the country of destination. By beginning the FQR and licensing process in the country of origin, authorities can dramatically reduce the amount of time immigrants must remain unemployed or underemployed in the destination country before being authorized to work in their occupation or to enter a bridging program to fill any training gaps. In effect, beginning the licensing process in the country of origin allows immigrants to ‘hit the ground running’ in the destination country, instead of beginning to navigate a complex system upon arrival. Costs associated with re-training or taking on un-paid internships to gain experience in one’s field can also be prohibitively high for many immigrants, particularly those immigrants who arrive with dependent family members. Such financial challenges can be overcome by finding employer ‘sponsors’ to share the costs of bridging programs or by providing immigrants with interest-free or low-interest loans to cover the costs of licensing, equivalency assessments, or bridging programs. A number of major destination countries have begun to roll out these types of financial assistance programs to great success both in terms of up-take and labour market outcomes of participants.

_____________________ FQR and labour market integration is a two-way process, requiring shifts both in how licensing authorities and employers in destination countries operate and in how immigrants interact and work within their new labour environment. Given the important role labour market integration plays in the overall economic and psychosocial well-being of immigrants and their families, it is no exaggeration to say that the degree to which destination countries address this issue will be the determining factor in the success or failure of economic immigration programs. By developing programs and policies that reduce the formal barriers to employment, promote inclusive hiring practices among employers, and provide immigrants with the tools they need to adjust to the new labour market, governments can significantly improve immigrant outcomes, reducing incidents of brain waste. This benefits employers, immigrants, and their families.

Endnotes: 1.

See P. Oreopolous in References

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REFERENCES • • • • • • • • • •

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Borjas, George. ‘Poverty & Program Participation Among Immigrant Children’ in Future of Children Vol. 21 – 1 (Spring 2011). Gronqvist, Hans. ‘Ethnic Enclaves and the Attainment of Immigrant Children’ in European Sociological Review Vol. 22 – 4 (October 2005) pp. 369-382. Heath, Anthony; Cheung, Sin Yi; Smith, Shawna. Unequal Chances: Ethnic Minorities in Western Labour Markets. Oxford UP: 2007. Iredale, Robyn. ‘The Migration of Professionals: Theories and Typologies’ in International Migration Vol 39 – 5 (2001) pp. 7-26 Kleiner, Morris. ‘Occupational Licensing’ in Journal of Economic Perspectives; Vol 14 – 4 (Fall 2000); pp. 189-202 Kleiner, Morris. Licensing Occupations: Ensuring Quality or Restricting Competition? Upjohn Institute for Employment Research. Kalamazoo, Michigan. 2006. Kogan, Irena. Working Through Barriers: Host Country Institutions & Immigrant Labour Market Performance in Europe. Springer. Netherlands; 2007. Lenihan, Don. ‘Foreign Qualification Recognition & Canada’s International Landscape’ in Policy Options; July-August 2010. pp. 44-48 McCarthy, Kristin. Adaptation of Immigrant Children to the United States: A Review of the Literature. Center for Research on Child Wellbeing: Working Paper # 98-03. Nonnenmacher, Sophie. ‘Recognition of the Qualifications of Migrant Workers: Reconciling the Interests of Individuals, Countries of Origin, and Countries of Destination’ in International Journal on Multicultural Societies Vol. 9 – 1 (2007). Oreopolous, P. Why do Skilled Immigrants Struggle in the Labour Market? A Field Experiment with 6,000 Resumes. Metropolis Working Paper Series; No. 9 – 3 (May 2009).

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Migrants’ social and labor market outcomes: Paraguayans in Argentina Latin American Faculty of Social Sciences (FLASCO), Buenos Aires

Rosalia Cortes ABSTRACT This paper addresses some factors influencing migrants’ social and labor market outcomes in host countries, focusing particularly on the case of Paraguayan migration to Argentina. In the first decades of the 20th century, Latin America and the Caribbean received 15% of total migrant flows1. In Argentina, in 1919, migrants represented 30% of the population, although this proportion diminished in the following decades. The share of migrants has remained around 4.5% to 5% of total Argentine population since 1995—until the 2010 Population Census—while the decline in European migration since the mid-1940s was replaced by neighboring countries’ migrants.

http://dx.doi.org/10.5339/ qproc.2013.fmd.16 © 2013 Cortes, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Cortes R. Migrants’ social and labor market outcomes: Paraguayans in Argentina, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi. org/10.5339/qproc.2013.fmd.16

2 of 6 pages Cortes, QScience Proceedings 2013.fmd.16

INTRODUCTION In the mid-1940s, Paraguayans started emigrating to Brazil and to neighboring regions in Argentina, although in the 1950s, and until the 1970s, Paraguay’s political instability and scarcity of employment opportunities enhanced migration flows towards neighboring provinces and to the Buenos Aires area. Migration continued throughout the 1990s, mainly driven by employment and economics. Between 1990 and 2002, international migration was responsible for a 6% drop in Paraguay’s population. The rural population migrated first to the cities, and later to Argentina, while Spain became the main destination of migrants of urban origin. During the 1990s, Argentina opened the economy, maintaining parity between their domestic currency and the US dollar. Economic policies penalized construction and manufacturing, resulting in increased urban unemployment. Between 1992 and 2002, the unemployment rate grew from 6.3% to 21.5%. In spite of the drop in labor, migration flow continued as the demand for the occupations traditionally filled with male workers—such as construction, sweat shop work—grew. This could be attributed to the economic situation in Paraguay as well as the parity between the Argentine currency and the US dollar, which was an important factor in attracting foreign workers. Migrants’ labor market performance and living conditions are the result of different sets of causes, which include the prevailing gender patterns in households and society in the countries of origin; the socioeconomic origins of migrants, including their level of education and work experience previous to migrating; their links with migrant networks, and, finally, the prevailing migration and work legislation in host countries. Family and society’s gender systems are able to influence and even condition the decision to migrate of men and women, affecting the composition of migration. Differences in women’s labor market participation, and the degree of social acceptance around their independence, affects their role in the migration process. In Latin America these structures are not homogeneous. In Mexico, for example, the family structure has been traditionally patriarchal, limiting women’s independent migration. For this reason, women’s migration has been mainly for family reunification. On the other hand, in Paraguay, women from the main urban areas were able to move independently, and migration from these areas has thus been predominantly women-led.

LIVING AND EMPLOYMENT CONDITIONS IN PARAGUAY Paraguay’s rate of population growth is one of the highest in Latin America, after Honduras and Guatemala2. Between 1990 and 2010, the population aged 15 to 29 increased so that by 2010 more than half of the population—58.9%—was less than 30 years of age. The country’s share of rural population reached 41% in 2010. Almost 40% of the 15 to 29 age group resided in rural areas3. The economy grew between 2001 and 2008, but despite economic expansion, poverty rates remained high. In 2010, almost 34.7% of the population was poor; in rural areas, almost half the population was poor and close to 30% was indigent. In urban areas, the poverty head-count ratio reached 24.7%, and indigence affected 10% of the urban population4. Almost 65% of youth are out of the educational system; 40% of adolescents do not attend formal schools, and 16.3% of 15 to 29 year olds do not work or study—this share increases to 22.2% among poor youth5. In rural areas, more than 80% of male and female heads of household have on average of less than 6 years of study. In urban areas, the level of education of household heads is higher, as 44% of men and 34% of women have more than 10 years of schooling6. The rates of economic participation of the population in rural and urban areas are similar, with large differences between men’s and women’s rates. In 2009, the adult population’s overall activity rate reached 63%, with a 26 percentage point gap between men (75%) and women (49%). Young children—between 10 and 14 years of age—participate in the labor market; their activity rate reached 15.3% in 2009, with higher activity rates for boys (21%) than for girls (8.8%). Youth

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(aged 15 to 24) participation rates are high compared to other sending countries. Unemployment in this age group almost triples overall unemployment rates, affecting women in particular in all age groups and in the rural sector. More than 33% of the working population is employed in the primary sector and 15% in manufacturing and construction. Women are concentrated in the service sector (65%) while 49% of men work in the primary sector7. By 2008, 70% of the unemployed were between 15 and 25 years of age, and the share of workers in the 20 to 24 year-old age group—not contributing to social security—reached 90%.8

LABOR MARKET OUTCOMES: PARAGUAYAN MIGRANTS IN ARGENTINA In 2008, more than 90% of Paraguayan migrants in Argentina had left their country looking for employment because of bleak working conditions and low wages9. Migrants concentrated increasingly around the capital city, Buenos Aires—mainly due to the agricultural crisis in the rural areas. According to the 2010 Population Census, 74% of workingage migrants resided in the province of Buenos Aires. Between 2003 and 2007, the composition of migrant flows changed both in terms of area of origin and age, and the proportion of migrants of rural origin increased from 8% to 32%. The proportion of migrants between the ages of 15 and 24 also increased, reaching 54% of total migrants in 2007. Paraguayan migrants in Argentina have, on average, less education than those residing in Spain—more than 55% of Paraguayans residing in Argentina have completed between 4 and 9 years of schooling, while 66% of those residing in Spain have completed between 7 and 12 years of schooling. The rate of participation in the labor force of Paraguayan migrants in Argentina has been consistently higher than that among other neighboring countries’ migrants, such as Bolivia, Chile and Uruguay; and as in Paraguay, there are gaps between men’s and women’s rates of activity and rates of employment. Migrant women’s rate of participation and employment are lower than men’s. In 2010, men’s rate of activity reached 76.1% and women’s 47.4%10. Among migrants residing in Argentina 11, the proportion of Paraguayan youth was higher that among other neighboring countries’ migrants 12. Women from rural areas outnumbered those from urban areas. They were poorly educated and demanded mainly for domestic work in private households in Argentina. Nearly half of these women migrants’ mother tongue is guarani, and the majority have left their parents’ household; that is, they have little possibilities of reunification and they remit to their parents or elder siblings. Participation rates among Paraguayan males and females residing in the Metropolitan Areas of Buenos Aires were higher than those of native males and women. On the other hand, inactive young Paraguayan women were more likely to be students than men. Migrant workers were employed in construction and small-scale manufacturing (men) and household services (women).

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Occupation

Women

Men

Employer

3.0

4.0

Own Account

21.0

30.0

Public Sector Employees

10.6

1.8

Private Sector Registered

10.2

36.9

Private Sector not Registered

13.0

27.3

Domestic Service

42.2

Total

100

Rate of Economic Activity (15-65)

53.1

80.0

Table 1. Occupation of migrants in the metropolitan area, 2010. Source: Permanent household survey, INDEC (National Institute for Statistics).

Economic Sector Manufacturing

Women

Men

4.9

12.1

Construction

24.9

Trade

23.1

41.7

Transport

8.4

Private Services

6.3

9.4

Social Services

15.8

1.8

Domestic Services

42.2

Rest

7.7

1.7

Total

100

Table 2. Economic sectorâ&#x20AC;&#x201D;migrants in the metropolitan area, 2010 Source: Permanent Household Survey, INDEC (National Institute for Statistics).

Contribution Status

Migrant

Natives

Migrant

Natives

Contributes to social security

45.2

63.6

62.4

71.7

Does not contribute to social security

54.8

36.4

37.6

28.3

Total

100

Table 3. Contribution to social securityâ&#x20AC;&#x201D;migrants and natives, 2010 Source: Permanent Household Survey, INDEC (National Institute for Statistics). The tables above illustrate the weight of domestic services and of construction among migrants, and the incidence of unprotected work among migrants when compared with natives. The Household Survey recollects information on the contributions of wage earners to social security; the proportion of adult Paraguayan men not contributing to social security is similar to that of local men, although among women, given their concentration in domestic service, the proportion of contributing workers is 20 percentage points below the local proportion 13. Both among young men and women migrants, more than 85% of workers are not contributing to social security; in the case of young locals, the proportion of those not contributing and not covered by

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social security is around half of the employed group. In addition, there are wide gaps between migrants and non-migrants in school performance, access to appropriate housing and even access to cash transfer programs. Working conditions, wage determination patterns and labour relations among domestic workers differ from those of formal wage earners. Working conditions are negotiated individually in the realm of the household. This includes work intensity, the definition of tasks, the regularity of the employment relationship, holidays, access to social security, the financing of health care, and the level of wages. Domestic servants have a weak bargaining position, resulting in high rates of unregistered work and turnover, lack of representation, and low wages. These conditions stem from three factors: the individual nature of the employment relationship, the characteristics of the labour force employed, and the restrictive character of the norms regulating domestic service. In 2009, following an ILO initiative, domestic servants’ unions of MERCOSUR countries depicted the working conditions in the region, listed their more urgent demands: the recognition of their occupation as wage work, linking wages with those in formal occupations, access to retirement and to social security, maternity leave, regularization of migrant work, among other requests. In June 2011, the ILO adopted a convention and a recommendation geared towards protecting domestic work and combating child labor; its implementation can contribute to improved working conditions of these workers, including migrants. In Argentina, health care financing among the employed is mandatory. Workers and employers contribute a share of wages to the trade unions that administer the funds generally by subcontracting health care providers in a system labeled obras sociales, which is regulated by the state. In 2010, health care coverage among local workers was higher than that of adult migrants from Paraguay, migrants’ access to obras sociales was lower than that of locals, and almost 60% of women and 46% of men lacked health care coverage. An important occurrence in 2006 in Argentina concerning migrants’ situations has been the Patria Grande (Great Homeland) decree, which facilitates the regularization of the situation of migrants from MERCOSUR countries plus Peru and Venezuela. Migrants from Paraguay constituted the most numerous group obtaining regular status between 2006 and 2010. Added to this, a law sanctioned in 2003 but enacted only in 2010 enhanced migration rights. However, the steps for obtaining regular citizenship were complex, and big numbers of recent migrants recurred to informal intermediaries that charged expensive fees, deterring further regularizations. Within Paraguayan diaspora organizations, there are some concerns regarding the lack of a coherent migration regulatory framework in their country of origin; however, there is some optimism about the increasing role of these networks in host countries, which are gaining public space.

FINAL REMARKS The patterns of citizenship rights and delivery of welfare benefits to migrants in host countries are not straightforward. Migration regulations define the status of residence permits as well as the rights of access to economic and social assistance. Integration into the labor market will depend on the share of informal work, the access to labor protection on the same standards as local workers, and the existence of rules preventing discrimination in the labor market. Integration of young and adult migrants requires an increasing resemblance between migrants’ and locals’ career paths. Barriers to integration can result in social exclusion. To enable maximum provision of welfare services for young migrants, the access to education, including

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language skills, knowledge of the local culture and elements for their future labor market integration is essential. For this reason, migrants’ rights to accessing education are relevant for their work and more general social integration in host societies. In Argentina, in spite of the enactment of ample migration laws, cross-border migrants continue concentrating in informal jobs in construction and domestic services. Living and labor market conditions draw a scenario of high vulnerability, especially among recent migrants, that needs to be tackled. These scenarios suggest that there is a continuation of long-term trends in migration and in labor market performance. There is a need to explain social and labor market continuities, and to improve migrants’ access to labor and social rights.

Endnotes: 1. 2. 3. 4. 5.

6. 7. 8. 9. 10. 11. 12. 13.

However, since the 1990s the region became a net exporter of migrants. Between 2005 and 2010, the rate of growth of the population reached 1.80%, Honduras’ was 1.99% and Guatemala’s was 2.46% (ECLAC, 2011). The 15-29 age group represented in 2010 27% of the total population (DGEEC, 2010). Observatorio Laboral 2010, Servicio Nacional de Empleo, in http://www.mjt.gov.py . Vera, C 2011, Politica de Empleo Juvenil, Presidencia de Paraguay, in http://www.cird. org.py/juventud/empleojoven/documentos/foro_iberoamericano/Exposicion_CARLOS_ VERA-MJT.pdf. Data for 2010; http://www.dgeec.gov.py. Dirección General de Estadísticas Encuestas y Censos de Paraguay (DGEEC), 2010. Resultados de la Encuesta Permanente de Hogares 2010, in http://www.dgeec.gov.py/. In the three other MERCOSUR countries, 60% of the unemployed were in the 15-24 age range (UNDP, 2009c). UNDP 2009c Ampliando Horizontes: Emigración Internacional Paraguaya, in http://www. undp.org.py/odh/fotos/publicaciones3/id4_pub1.pdf. Own calculations, Permanent Household Survey (2010). 2010 Population Census (INDEC). The other neighboring countries are Chile, Bolivia and Brazil, and the group includes migrants from Peru (own calculations, Permanent Household Survey (2010)). Own calculations, Permanent Household Survey (2010).

O PE N ACCE SS

Family, Migration & Dignity Special Issue

Family and Child Welfare, Support and Protection Scientific Panel on International Migration, International Union for The Scientific Study of Population (IUSSP)

Ayman Zohry INTRODUCTION Despite the fact that international migrants comprise 3.1 percent of the world population, international migration is at the heart of societal, economic and political debates. This may be attributed, in part, to the fact that the estimated 214 million international migrants are not evenly distributed among countries and regions. Citizens in some countries comprise a minority compared to expatriates. The case of the Arab Gulf countries is a classical model of this demographic imbalance. Moreover, while females comprise 49 percent of international migrants, sex composition of international migrants is imbalanced among countries and regions. Because of the economic nature of migration, keeping aside forced migration, some members of families leave their origin for better-paid jobs in destination countries. This phenomenon contributes to family breakdown between origin and destination. Family breakdowns are associated with an array of socio-economic correlates and result from major problems related to child rearing and female-headed households, in the case of household head migration. Acknowledging the important positive economic impact of migration, negative socio-economic impacts of migration should be considered and explored, and policy interventions at the micro and macro levels should be introduced. In this short article, an attempt is made to explore the socio-economic correlates of migration on the left-behind family members and introduce some policy recommendations at the micro (family) and macro (national) levels to minimize hazards and to maximize benefits associated with migration that result from family breakdown.

http://dx.doi.org/10.5339/ qproc.2013.fmd.22 ÂŠ 2013 Zohry, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

Cite this article as: Zohry A. Family and Child Welfare, Support and Protection, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/ qproc.2013.fmd.22

2 of 5 pages Zohry, QScience Proceedings 2013.fmd.22

MIGRATION AND FAMILY: A THEORY My earlier account of economic approaches to migration, the “new economics of migration,” posits that migration is less determined by isolated individuals than by other social units—especially families and households—than potentially larger social aggregates such as communities, lineages, etc., where social norms regarding migration behavior may be deeply embedded. This approach was pioneered by Oded Stark in many writings (Stark, 1978; 1991). According to Stark, and others who have summarized his arguments (e.g., Massey et al. 1998, Skeldon 1997), migration must often be seen as a family or group decision which seeks to minimize risks and diversify resources rather than to maximize cash income alone. This strategy, akin to a “portfolio investment” of the labor of the various members of the family in various “niches” in the region of origin and elsewhere (abroad, or in another town or city in the home country), involves widening the focus of the investigation away from the single, individual migrant. The emphasis is on channeling investment and consumption of goods back to the home country. Hence, the migration of one or more members of the family to work abroad should be regarded as a household strategy to minimize hazards and maximize benefit of the available household labor. Moreover, migration, according to this theoretical background, is a family/ household decision rather than an individual decision.

SOCIO-ECONOMIC CORRELATES OF MIGRATION ON THE LEFT-BEHIND FAMILY MEMBERS Despite the positive impact of migration on families, such as better material quality of life, improved housing conditions, better health status, education, and investment opportunities, negative impact increases in the case of migration of a key member of the family when they leave the rest of the family behind in the country of origin. The following are the most salient ramifications of migration of one or more key members of the family, which reflect the social cost of separated families: 1.

Single or Zero Parental Families Migration of on of the parents or the two of them is the most prevalent pattern that prevails in many sending countries’ household. The absence of one parent adds an extra burden on the remaining parent in order to replace the consequences of the absence of the other parent. Moreover, the absence of the two parents in a family leaves the children without their care takers which affect the social behavior of the left-behind families and expose them to many hazards. Children in this case may suffer problems in their education and in many cases suffer psychological problems that cannot be mitigated by remittances. Lack of parental guidance Associated with the single or zero families, is the lack of parental guidance which may not be replaced by relatives and the new caretakers of the left-behind families. The new communication technologies make it easy for the migrant to communicate with his/ her family in origin while in the destination countries, but such technologies are not available for all migrants and their families in all destinations and origins, and even if they are available they cannot by any means replace personal interaction. Dependency on remittances Despite the fact that remittances are the most viable development-related aspect of migration, but remittances themselves make for a sort of dependence on them among the family. Remittances make for increasing the length of migration of the key family members to sustain the current economic welfare, which in turn increases the problems related to the absence of the key family member. In some cases, and after a long time

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of dependence on remittances to fulfill immediate family needs, families consider the migrant person as just a source of income. Psychosocial problems The absence of key family members may lead to some psychosocial problems such as juvenile delinquency, divorce, and many other problems. In addition, and in the case of the absence of the husband, wives are exposed to stress resulting from taking over the role of the husband in addition to their role in child bearing and rearing. Wives are also expected to participate in economic activities, especially in the agricultural sector.

RECOMMENDATIONS AND POLICY IMPLICATIONS The recommendations regarding migration and family can be classified into two groups: recommendations at the macro level and recommendations at the micro level. The macro level recommendations are mainly directed to the governments and global actors, while the micro level recommendations are directed to actors who work closely with the families of migrant workers in the countries of origin or the left-behind families. 1.

The macro level recommendations The macro level recommendations regarding the mitigation of the migration of family members can be summarized in the reinforcing of international agreements around the protection of migrants and their families, harmonizing the relationship between politics of migration and the economy, promoting outsourcing and job migration, promoting policies and regulations related to family reunification, and promoting circular migration to decrease the duration of absence of migrants from their families in the country of origin. A brief description of each recommendation is given below. Reinforcing international agreements for the protection of migrants and their families The 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by the United Nations is considered the main international document relating to the protection of migrants worldwide. This convention entered into force in July of 2003. The main objective of this convention is to ensure the protection and respect of fundamental rights of migrants. However, it is noticed that the Arab Gulf countries, which host more than 15 million of international migrants, have not ratified this convention. In terms of Arab countries, only six have ratified this convention: Egypt, Morocco, Libya, Algeria, Syria and Mauritania. Moreover, to date, no European Union Member State has signed or ratified the convention. It is also noticed that most of the countries that ratified the convention are sending, rather than receiving countries. Hence, an effort should be made to push for convention ratification by major receiving countries. Harmonizing the relationship between politics of migration and the economy In a globalized world, political leaders play with the card of migration in their electoral campaigns. However, one can confidently say that migration policies are determined by economists rather than politicians. International economies stimulate most of contemporary migration streams, legal migration as well as undocumented. While international economies depend on undocumented migration to recruit cheap and unskilled labor needed for casual works, head hunting and the highly-skilled migration programs are utilized to recruit highly-skilled migrants. Hence, countries and the international community should harmonize the relationship between the politics of migration and the economy. Promoting outsourcing and job migration In order to decrease the abstinence duration of the caretaker or the breadwinners in the migrant families, outsourcing and migration of jobs, instead of the physical migration of the labor force, should be promoted. Labor-intensive businesses can be outsourced and moved from receiving countries to sending countries. This tendency will decrease the

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cost of labor and reduce the breakdown of families due to the migration of one or more of the family members. Outsourcing and migration of the jobs to developing countries could be regarded as an economic aid for developing countries with no extra cost. Promoting policies and regulations related to family reunification Encouraging family re-unification and lifting barriers on migrants to bring their families will help decrease the percentage of families left behind in their countries of origin and make it possible for migrants to achieve high standards of balance, which will manifest as high productivity levels in destination countries. It will also encourage policy/decision makers to review international rules and norms around family re-unification. Promoting circular migration to decrease the duration of absence of migrants far from their families in the countries of origin Circular migration could be a remedy that makes for shortening the duration of absence of a key family caretaker. This type of scheme ensures that migrants would be closer to their families than the regular type of migration that entails long absences. Circular migration is also beneficial for receiving countries since the cost of labor in this type of migration is usually less than in cases of long-term migration. The micro level recommendations By the micro level, I mean the immediate help that national institutions can provide to help families cope with the absence of one or more key member of the family. Governmental and non-governmental organizations can convey such assistance schemes. A brief listing of the micro level recommendations is given below. Strengthening the role of origin country institutions to substitute the absence of the household head It is important at the micro level to encourage the governmental institutions working in the fields of social support, family welfare, and the national councils for women and children to set plans and programs to provide psycho-social support for immigrant family during the absence of household head or key members of the family due to migration to maintain the family structure and to provide support to the left-behind family members. A database of families with migrant members should be established to facilitate providing support to such families. Amplifying the role of NGOs and migrant associations in supporting left-behind families The role of NGOs and migrant associations should be amplified to support the leftbehind families. NGOs usually work with the grassroots, and thus they can play a crucial role in the support of migrant families. NGOs can play a crucial role in providing assistance to the left-behind families in the fields of health, education, and many other socio-economic services.

REFERENCES •

•

• •

Abdulla, Abdulkhaleq, (2006) “The Impact of Globalization on Arab Gulf States”, in Globalization and the Gulf, edited by John Fox, Nada Mourtada-Sabbah, and Mohammed al-Mutawa (London: Routledge), pp. 180–8. ESCWA (2007) International Migration and Development in the Arab Region: Challenges and Opportunities, UN Population and Development Report, 3rd Issue (New York: The United Nations) Khattab, H., and E. DAEF S. (1982), “Impact of Male Labor Migration on the Structure of the Family and the Roles of Women”, The Population Council, Regional Papers, Cairo. Massey, D.S., Arango, J., Hugo, G., Kouaouci, A., Pellegrino, A. and Taylor, J.E. (1998) Worlds in Motion: Understanding International Migration at the End of the Millennium. Clarendon Press, Oxford. Prakash, B. A., (1998) “Gulf Migration and Its Economic Impact: The Kerala Experience”, Economic and Political Weekly, pp. 3209–13. Skeldon, R. (1997) Migration and Development: A Global Perspective. Longman, London.

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•

• •

•

• •

Stark, O. (1978) Economic-Demographic Interactions in Agricultural Development: The Case of Rural-to-Urban Migration. Food and Agriculture Organization of the United Nations, Rome. Stark, O. (1991) The Migration of Labor. Blackwell, Oxford. Zacharaiah, K. C., and S. Irudaya Rajan, (2007) “Migration, Remittances and Employment: Short-term Trends and Long-term Implications”, Working Paper 395 (Trivandrum, Kerala: The Centre for Development Studies). Zohry, A. (2006) Migration and the Left-Behind Families: Findings from Rural Egypt, Seminar on “Gendering Migration in the Middle East: Migrants’ Presence and Absence,” Danish Institute for International Studies (DIIS), Copenhagen, May 4. Zohry, A. (2010) “International Migration between Political Propaganda and the Economy,” The Forum, Fall 2010, International Affairs Forum, Pp: 28-30. Zohry, A. (2011) “Migration and Mobility Worldwide,” Afaaq Al-Mustaqbal [Future Horizons], Issue No. 9, January/February, Emirates Center for Strategic Studies and Research (ECSSR). (in Arabic)

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Family, Migration & Dignity Special Issue

Transnational families in the context of international migration 1. L’Institut d’Etudes Politiques

(IEP), Paris 2. UNICEF, New York *Sguendel24@hotmail.com

Sebastián Guendell Rojas,1* Rhea Saab,2 C Taylor INTRODUCTION When a person migrates from one country to another, it is not just the individual who is affected but a whole family. While migration can bring benefits, including economic advantages, often it means that families are separated, putting relationships under strain and forcing those left behind to take on new roles and responsibilities. Therefore it is important for those concerned with drawing up policy on international migration and development to understand the dynamics of households involved in and affected by migration. Traditionally, though, migration policy strategies have not adopted a family perspective. Migration tends to be a family decision, taken in the hope that it will benefit the family as a whole. Remittances from those who have gone to work abroad can be a very important source of income for those family members left behind and also, taken collectively, for entire national economies. While remittances are generally seen as beneficial they cannot, however, replace parental care and guidance. When a parent migrates to another country, a whole range of functions, from caregiving to managing the household budget, must be assumed by others within the family … often the other parent, but also frequently by older children, grandparents or other members of the extended family. While important decisions may be taken jointly, often they are not. Mediated by gender and power relations, these decisions may adversely affect those most vulnerable within families, such as children and adolescents, as well as women and the elderly. Children are the least likely members to be consulted about family decisions but may be the ones who feel the results most keenly. Children of transnational families may be exposed to a new material culture by relatives abroad, which may create new aspirations that are difficult to realize. Changed household dynamics as a result of absent relatives may lead to delinquency or general social inclusion challenges among children, and women left behind may find themselves having to act as both mother and father to the family.

http://dx.doi.org/10.5339/ qproc.2013.fmd.23 © 2013 Guendell Rojas, Saab, Taylor, licensee Bloomsbury Qatar Foundation Journals. This is an open access article distributed under the terms of the Creative Commons Attribution license CC BY 3.0, which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited.

UNICEF, along with other partner organizations, has advocated a change in approach to migration issues from a purely economic focus to a broader human rights and gender perspective targeted at vulnerable populations, including children, adolescents and youth. Increasingly, national policymakers have come to recognize families as appropriate frameworks in which to tackle the complex relationship between migration and inequality. With migration’s impact on poverty alleviation mediated by household decisions, there is growing interest shown by policymakers in better understanding the relationship between migrant parents abroad and the family members left behind in order to implement comprehensive policies that can better protect vulnerable populations and enhance human development. Cite this article as: Guendell Rojas S, Saab R, Taylor C. Transnational families in the context of international migration, QScience Proceedings 2013, Family, Migration & Dignity Special Issue http://dx.doi.org/10.5339/qproc.2013.fmd.23

2 of 12 pages Guendell Rojas, Saab & Taylor, QScience Proceedings 2013.fmd.23

A crucial challenge for policymakers is to intervene without exacerbating inequalities within out-migration communities and without reinforcing prejudiced images of members of migrant households, depicting them as different, or even privileged (Cortes 2007). Failure to address the phenomenon of children and adolescents left behind risks leaving a generation in jeopardy, with potentially negative consequences for issues such as national development, citizenship and social inclusion. This research note examines policy issues pertaining to family dynamics in the context of international migration. It draws on scholarly and policy studies with country-specific examples from Ecuador, the Philippines and Moldova, and as such does not necessarily reflect the views of UNICEF. These countries have been highlighted1 since they are characterized by significant migrant and left-behind populations. Approximately 10 per cent of the population of these countries are migrants living abroad. According to calculations based on the 2000 population census, as many as 1.1 million children in the Philippines have been left behind by their parents working overseas. In Moldova, while the precise number of children left behind in migrant households is not known, statistics show that 17.1 per cent of children live in families where at least one parent is abroad and around 7 per cent of children live in households in which both parents are overseas. In Ecuador, 36 per cent of migrant women and 40 per cent of migrant men left their children behind. Migration has impacted families in these countries by influencing intra-household dynamics as well as the psychosocial condition of their members. The governments have adopted familyoriented policies in response to these issues, but to different degrees and with different types of interventions. The Philippines, with a long tradition of supporting its migrant workers abroad, responded to the concerns of civil society by setting up new structures to support families left behind. In Ecuador the government acted to develop an institutional framework based on a human rights and gender perspective, while in Moldova, international organizations such as the European Union and UNICEF provided the impetus for reshaping institutions and harmonizing national legislation with international commitments in order to protect families affected by migration. The design and implementation of gender- and rights-sensitive policy agendas in the areas of migration and families has paralleled the increased role of global non-state actors.

THE IMPACT OF INTERNATIONAL MIGRATION AND DEVELOPMENT ON FAMILIES IN THE PHILIPPINES, ECUADOR AND MOLDOVA: UNVEILING THE TRANSNATIONAL FAMILY In countries where international migration is prevalent, such as in Ecuador, Moldova and the Philippines, families have been experiencing important transformations. While not all of these changes can be attributed to migration per se, migration has impacted family dynamics in concrete ways. Perhaps the most evident effect has been on the reorganization of roles and responsibilities due to the absence of family members. However, other changes are also relevant. For instance, the support of the extended family is essential to ensure livelihood and risk-diversification strategies, particularly when it comes to children left behind. Finally, a myriad of psychosocial factors affect transnational families and their social environment, and these need to be taken into account in policymaking and planning about international migration and development.

International migration: an accelerator of structural changes affecting the family While migration is not the sole factor contributing to family transformations, it appears to have become an accelerator of some of these structural transformations. For instance, data2 provided by the United Nations Development Programme on Moldovan families suggest that migration may be a reinforcing factor in female emancipation and empowerment. For example, women who have worked overseas seem less likely to tolerate abusive behaviours by their partners and more likely to take important family decisions, including divorce (Peleah, 2007: 3).

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According to a representative of a local municipality in Moldova, “women are now more confident [;] from docile women afraid of their men, they have turned into self-confident persons in control of their lives and even of their family situations.” Migration may also reinforce new values and behaviours affecting families in the context of modernization and globalization. Remittances sent by migrants may for instance, change consumption patterns of some members of the family. Field studies in Ecuador suggest that households that receive remittances have access to higherquality goods and services. This consumerism may, however, conflict with prevailing values in left-behind families and out-migration communities (Cortes 2007). Finally, international migration may encourage changes in the organization of the family, evident in the emergence of a diverse set of family arrangements (single-parental families, extended families) that also correspond to structural changes that societies and families undergo regardless of migration. According to Carrillo, Ripoll-Nunes and Schvaneveldt (2012 77), migration has played an important role in the diversification of family structures during the last decade in Ecuador. Although the nuclear family remains the main family structure there, migration has impacted family composition by involving adult figures from the extended family, such as single-mothers/single-fathers, uncles, aunts, and grandparents, into families’ domestic duties and responsibilities (e.g. caregiving activities when children and adolescents are left behind).

New division of labour, responsibilities, and roles in transnational families International migration can transform families’ internal dynamics. First, the absence of some family members as a result of migration affects the division of labour and responsibilities within the household. For example, in Ecuador older brothers and sisters left behind assume adult roles without the required preparation (Cortes 2007). They tend to assume new responsibilities including taking care of their siblings and the management of remittances (Herrera and Carrillo 2009). These new responsibilities are often fulfilled at the expense of their own education and leisure, which has psychosocial impacts on their human development. Regarding the different roles played by the heads of the household in migrant families, a study by the Scalabrini Centre in the Philippines (2003) showed that women assume men’s responsibilities when the men migrate, but men do not as readily take up caregiving duties when women migrate. Similarly, in Moldova, 64 per cent of mothers continue to play their traditional role of direct caregiver when the father migrates, but when mothers move only 46 per cent of fathers take on the caregiver role (Ghencea and Igor 2004). This is an indication that traditional gender roles influence duties and responsibilities within the family, even if migration may contribute to the empowerment and emancipation of women. Furthermore, even when it is the mother who migrates, children still view their mothers as care providers, which could be explained either by the short-term nature of the migration or by the maintenance of close contacts between migrant mothers and their children (Peleah 2007). These rearrangements affect power relationships within the family (Peleah 2007). When migrant women combine mothering and breadwinning, they wield considerable decisionmaking power over their husbands. In the Philippines, Parreñas (2005) shows that women protect earnings from their husband’s drinking and extra-marital behaviours by micromanaging the household finances from overseas. This is often done through their adult daughters who have access to a joint bank account, which indicates the increased power of young adult children over adult relatives. Consequently, these young adult children also increase their decision-making power over their siblings. This is not evidence of women’s emancipation since in the context of mothers’ migration and the new division of labour, the eldest daughter often takes on the extra burden of having to perform the father’s domestic responsibilities, which also has a direct impact on her school performance as well as on her own emancipation (Parreñas 2006).

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Rearrangements in intra-household dynamics include the increased participation of the extended family in caregiving activities. In the case of migration of the father, the family’s organization is not altered significantly because, as discussed before, the mother remains the main caregiver and breadwinner at home. However, when the mother migrates the role of the extended family becomes much more important. Nevertheless, evidence on the impact of the extended family as caregivers of children left behind and the new roles that emerge in the international migration context is not conclusive. On the one hand, Battistela and Conaco (1998) argue that in the Philippines, family members may fulfil the role of parents relatively successfully. Yet, in Ecuador and Moldova lack of support and a feeling of abandonment is the most common perception of members left behind. A 2004 survey in Ecuador found that children of migrants in the south of the country complained of a lack of emotional support. In Moldova, despite the caregiving strategies adopted by migrant parents, including childcare facilities and the participation of grandparents in overseeing the welfare of children, many children left behind are affected emotionally, and are sometimes under-protected and inadequately supervised (Ghencea and Igor 2004). Moreover, studies from the Philippines explain that boys left behind by migrant parents are particularly vulnerable to higher rates of physical abuse (Cortes, 2007b: 24).

The psychosocial impact of international migration on family dynamics According to a UNDP survey data, many children have difficulty adapting to the changes in the intra-household divisions of labour produced by migration (Peleah 2006: 2). International migration impacts on transnational families and their communities in a number of ways, including, as a result of communication problems, discrimination from others, and psychosocial factors (Cortes 2007b: 24). Asis (2006) notes, “regular communication between migrant parents and their children lowers the levels of anxieties and loneliness, although children with both parents away reported unhappiness.” Parreñas (2005) addresses transnational relations between Filipino migrant mothers and their young adult children, and concludes that family members are able to maintain close ties despite distance. However, as a result of lack of capital and resources, technological advances in communication are not uniformly available and do not replace the emotional bonding that exists when mothers are physically present with their children. Moreover, these interactions are often not of very high quality, as sometimes parents limit themselves to giving instructions concerning remittances. In Ecuador, a 2005 study by FLACSO, referenced in Cortes (2007b: 23),3 found that “boys and girls in migrant households often share negative views of their mothers and fathers, and even of themselves. At the same time these children are thought to be particularly susceptible to alcoholism, drugs, teen pregnancy and other problems.” In parallel, additional psychological burdens can arise when children left behind receive remittances. Children and adolescents left behind start to change their usual consumption patterns, sometimes leading to discrimination from friends or members of their communities. For instance, a 2004 survey in Ecuador (Carrillo and Herrera 2005) found that in small cities and in expensive schools, being the child of a migrant had negative connotations because it was associated with poverty, ethnic background or rapid social mobility. However, in public schools, children left behind often become leaders in their class because they have access to more money than their peers. Battistela and Conaco (1998) studied the impact of migration on children left behind among elementary school children of Filipino migrants. They found that migration is not necessarily disruptive for their development if it is the father who migrates. Ghencea and Igor (2004), meanwhile, demonstrate that the impact of mothers’ migration in Moldova is much more severe compared to the impact of fathers’ migration and results in weakened family ties, higher numbers of family break-ups and worsened school and university results for children and

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youth. For example, 24.2 per cent of children’s and youth’s poor school and university results are generated by the migration of women in the household. Yet, the impact mostly depends on how the extended family covers the gaps resulting from parental absence. Members of the extended family can also be affected by migration. According to UNICEF and HelpAge International (2010), the burden of responsibility that falls on the elderly in Moldova leads to high levels of depression and helplessness. The study reveals that depression and helplessness are felt “very often” and “often” by 37.5 per cent of the representatives of multigenerational households with migrants. Also, the degree of depression is higher among men than women. Finally, cases from Ecuador illustrate that the absence of a father also affects mothers. For example, according to Herrera (2009), the gap left by the traditional authority figure of the father pushes mothers to strengthen control measures over their children, which creates pressures on the relationships between mothers and children.

INTERNATIONAL MIGRATION, FAMILIES AND THE POLICYMAKING PROCESS IN ECUADOR, MOLDOVA AND THE PHILIPPINES: IS THERE A FAMILY-ORIENTED APPROACH? In the last two decades, there has been a growing recognition that families play an important role as the principal agents of the migration process. However, it was not until recently that policymakers in Ecuador, the Philippines and Moldova began adopting family-oriented policies to comprehensively address issues pertaining to the family unit and vulnerable populations left behind. The extent to which family-oriented policies have been adopted in each country has been dependent on multiple factors, including the strength of civil society organizations, the characteristics of the migration system, the system of national governance, the policy context and the role of global non-state actors.

A holistic approach to migration in the Philippines: families, civil society and an institutionalized migration system The Philippines is today well known for its good practices in the area of international migration and development; however, as a study by the Scalabrini Centre in the Philippines (2004: 59) has noted, “when it comes to the families [left behind] of Overseas Filipino Workers (OFWs) much remains to be done.” Initially, protective measures targeting families were instituted within the Overseas Workers Welfare Administration (OWWA). The latter was created in 1987 as a welfare programme for temporary overseas migrants in response to recommendations within government. These recommendations called for a greater focus on protecting OFWs rather than solely on recruiting and placing them (Rannveig and Ruiz 2007). The OWWA generated limited resources to address the social needs of households, particularly those left behind. Families within this programme were mainly framed as dependents of overseas migrants; therefore, their protection was considered as another aspect of the “welfare package” directed to OFWs. Family protection in this welfare programme was closely related to the concept of insurance and was meant to protect migrants and their dependents against costly expenditures linked to the migration process. Besides a repatriation programme (the flagship service of the OWWA), migrants and their dependents were provided with services including counselling for distressed workers, paralegal services, low-key diplomatic initiatives (i.e. negotiations for imprisoned OFWs, mobile welfares services, hospital and prison visits, cultural and recreational activities, contingency operations during crisis situations), insurance (i.e., life and personal accident insurance while abroad, monetary assistance to workers who suffer), loan products (pre-departure loans, family assistance loans for emergency purposes or family needs,

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livelihood loans to improve entrepreneurial development opportunities), and scholarships and training opportunities which in some cases are directed to dependents (Rannveig and Ruiz 2007). The Republic Act (RA) 8042, also known as the â&#x20AC;&#x153;Migrant Workers and Overseas Filipinos Act of 1995â&#x20AC;?, strengthened the OWWA. Nevertheless, this reform did not radically change the approach of the system, which relied on providing migrants and their dependents with insurance and repatriation services. According to Rannveig and Ruiz (2007), in 2005 the OWWA spent only 3 per cent of their fund balance on services that could benefit families. Protective mechanisms provided to migrant families that went beyond the insurance-based approach of the OWWA have been adopted. For instance, the Philippine government has exerted continuous pressure on labour receiving countries to sign the UN Convention on the Protection of the Rights of All Migrants and Their Families, which held another view on families beyond the insurance-based approach contained in the OWWA. The Philippines signed the Convention in 1993 and ratified it in 1995. Civil society and NGOs have also advocated for the implementation of comprehensive family-oriented policies in the context of international migration4. According to the IOM (2003), these actors have played a key role in addressing the gaps and problematic issues of the Filipino migration system. Today, at least 38 migrant NGOs provide a variety of services and assistance to migrant workers and their families and RA 8042 recognizes them as partners in protecting migrant workers and their dependents (IOM 2003). The role of churches in this activity cannot be dismissed. For instance, the Apostolate of the Sea (AOS), which is a special organization of the Catholic Church for seafarers, engages in activities that address the needs of migrant households left behind, including visitation, counselling, spiritual support, and organizing ways for families left behind to provide support to each other (Scalabrini 2004). Renewed measures undertaken by government authorities resulted in the creation of a network of 25 Family Welfare Offices (FWO) in 2002. The FWOs address the needs of families and children left behind and are based in areas with heavy concentrations of migration. Their activities involve collecting information on families of migrants, designing interventions, providing advice, and acting as advocates (Bryant 2005, IOM 2003). As a result of these trends, the Department of Labour and Employment (DOLE) and other Overseas Workers Welfare Administration are also implementing more comprehensive family-oriented policies in partnership with NGOs. DOLE, together with several NGOs and other church-based organizations, such as the Episcopal Commission for the Pastoral Care of Migrants and Itinerant Peoples (ECMI), Institute on Church and Social Issues (ICSI), and Mother Ignacia National Social Apostolate Centre is also attempting to expand the reach of spiritual counselling and psychosocial care for OFWs and dependants (IOM, 2003: 150). The OWWA is now undertaking actions to strengthen the OFW organizations and family circles by providing them with organizational planning training and seminars to make them more self-reliant and sustainable self-help groups (IOM 2003).

A family-oriented policy: the role of global non-state actors and the policy environment In contrast to the Philippines, the adoption of comprehensive family-oriented policies in Moldova was not the result of a dynamic civil society network, but the outcome of policy advocacy work by global non-state actors and the acknowledgment by the government of Moldova of the need to place issues relating to children and mutigenerational households left behind on the policy agenda. When migration from Moldova increased during the 1990s and early 2000s, the Moldovan migration system placed little emphasis on the protection of families left behind. Most policy work in the area of international migration focused on protecting the rights of migrants

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overseas. During this period, the government of Moldova engaged in a strategy of establishing bilateral agreements with countries of destination to protect the rights of Moldovan workers and to harmonize national legislation with international law. This process was reinforced with the signing and enactment of the Declaration on Mobility Partnership between the Republic of Moldova and the European Union in 2008, which improved the management of migration issues, particularly irregular migration and trafficking (Cruc et.al. 2009). The Moldovan government only focused its policies on families left behind when issues pertaining to vulnerable populations, such as children in childcare facilities, gained momentum in national politics. The Government of Moldova has since acknowledged the challenges posed by migration, particularly to the welfare of children left behind5, through innovative social protection policy frameworks that address the needs and vulnerabilities of children living without parental care, including specifically, the reform of residential childcare facilities. According to UNICEF Moldova (2008: 12), only 3 per cent of the children residing in these facilities were orphans, while 83 per cent were temporarily placed in the institutions and have biological parents or extended family. Global non-state actors, think tanks and the European Union played an important role in this process as they raised awareness on this category of children. For instance, surveys and studies funded by organizations such as the World Bank, UNICEF and the Institute of Public Policies6 discovered that the organization of residential facilities was inadequate to meet the needs of children in compliance with the Moldova Constitution and the UN Convention on the Rights of the Child. Additionally, a UNICEF report on the impacts of migration on children left behind in Moldova (UNICEF, 2008: 22) showed that the framework regulating Moldova’s policies on social protection remained “underdeveloped, non-conclusive, inconsistent, and not well enforced.” The study also noted that “the category of children left behind by migrant parents was not clearly defined, falling implicitly under the general category of children in difficulty.” The European Union, UNICEF and other child development stakeholders have also been prominent in highlighting the negative implications of international migration on families. For instance, UNICEF published a report in 2008 analysing the impacts of migration on families left behind, including on the extended family. In 2010, a National Study by HelpAge International and UNICEF was published on the effects of migration on older people and children. More recently, on 25th May 2011, the EU-funded project “Addressing the Negative Effects of Migration on Minors and Families Left Behind” was officially launched. The project is co-funded and implemented by the Italian Ministry of Labour and Social Policies, in close partnership with the Ministry of Labour, Social Protection and Family of Moldova (MLSPF) and the International Organization for Migration (IOM). These efforts from global non-state actors, as well as from Moldovan government officials, have had an impact on national policies over the past decade. The Ministry of Social Protection, Family and Children was created and later transformed into the Ministry of Labour, Social Protection and Family as a result of these new policies of attention. Moreover, under the supervision of this ministry, the Moldovan government launched a childcare reform in 2006 aimed at establishing a network of community social assistants and developing family support and alternative family placement services for children without parental care, including children left behind. The outcome of this reform was the National Strategy and Action Plan for the reform of the residential childcare system 2007-2012, which had the support of UNICEF and the European Union. Furthermore, in April 2010 the government of Moldova created a governmental commission on children left without parental care as a result of migration. With the support of line ministries, the Commission has drafted a plan of action to alleviate the negative impact of migration on these children. Finally, the adopted National Action Plan on Children without

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Parental Care for 2010-2011, addressed the multiple aspects of vulnerability of children left behind, including the creation of social services for children at the community level, awarenessraising among both the general population and potential migrants on the negative impacts of migration on children, and capacity-building for professionals (including teachers, psychologists, police and health workers) working with children left behind on their vulnerability and the protection of their rights. In parallel, changes in legislation were also undertaken. In 2008, the family code was amended to include a range of important provisions on child rights protection and on ensuring the sustainability of child protection system reforms. The new family code includes provisions on families as well as protective measures for children left without parental care.

A family-oriented policy in Ecuador: the role of the governance system with a human rights and gender perspective Ecuador is a good example of the impact of the role of governance and institutional dynamics on the adoption and implementation of family-oriented policies with a human rights and gender perspective. The rapid growth in migration from Ecuador is certainly a factor in the new policies of attention to families left behind.7 Nevertheless, several institutional and governance factors are worth mentioning since they helped shape national politics and promote a more focused policy agenda on international migration, families and children left behind. The most influential institutional factor affecting the migration and development policy agenda was the 2008 constitution, which contained significant provisions on international migration issues, including recognizing the right to migration and promoting the protection of migrantsâ&#x20AC;&#x2122; rights overseas regardless of their migratory status. In 2007, the government of Ecuador created the National Secretariat for Migrants (SENAMI), in order to institutionalize, coordinate and implement its migration policy in a coherent manner. Line ministries including the Ministry of Interior, the Ministry of Foreign Affairs, Trade and Integration, and the Ministry of Labour Relations were involved in this policy initiative to facilitate coordination and ensure policy coherence. This new governance arrangement has been useful in mainstreaming migration issues into national development planning and in facilitating family-oriented policies with a human rights and gender perspective. As a direct consequence of the 2008 constitution and the new governance system in Ecuador for international migration issues, a wide range of actors became involved in the policy-making process. Prominent civil society and academic institutions such as the Facultad Latino-americana de Ciencias Sociales (FLACSO), the Universidad Andina, the Centro de PlanificaciĂłn y Estudios Sociales (CEPAES), and the Observatory of Childrenâ&#x20AC;&#x2122;s Rights were actively engaged in the migration policymaking process. Additionally, other government agencies, including the National Council for Children and Adolescents (CNNA), and the National Child and Family Institute (INFA), were involved. Finally, local authorities and local partners were also important stakeholders. Global non-state actors were instrumental in the process leading to the mainstreaming of migration issues in the new constitution as well as the creation and sustainability of the abovementioned community of actors. Their advocacy efforts helped influence the formulation of the policy agenda as well as the policymaking process in favour of a family-oriented approach to national development planning8. In parallel, efforts were directed to expanding the monitoring and evaluation of the impacts of migration on populations left behind. For instance, following a preliminary study conducted with national institutions in 2005, the United Nations Population Fund (UNFPA), UNICEF, and the Special Unit for South-South Cooperation (SU-SSC) undertook a

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policy initiative to develop a profile of the migrant population and to examine the economic and social impacts of migration in left-behind populations. In 2008, along with Albania, Ecuador became a pilot country for household surveys to look at the impact of migration on those left behind (United Nations Secretariat 2009). This policy advocacy and knowledge work established an institutional capacity that resulted in two national development plans, 2007-2009 and 2009-2013, which included initiatives to support migrants and their families, with special emphasis on young migrants and children left behind. Additionally, SENAMI with UNICEF support was involved in the coordination of the UNDP/Spain Millennium Development Goals Achievement Fund – Thematic Window on Youth, Employment and Migration, which made mention of migrant youth rights. Finally, SENAMI has created an investment fund for projects related to migration, gender, human rights and human development in out-migration communities. Despite these efforts, Ecuador has a long way to go in implementing a comprehensive familyoriented policy in the area of international migration and development. According to Carrillo, Ripoll-Nunes and Schvaneveldt (2012: 78), policies and programmes relating to families revolve around children’s care in daycare centres or at home, as well as parenting education and women heads of household’s participation in childcare. These policies are considered narrow as they do not address more elaborate needs related to children’s social and psychosocial wellbeing. Although programmes exist that address the basic needs of children, including ensuring nutrition, reducing morbidity rates, and improving school attendance, they neglect important aspects of children’s development, including the socio-emotional and moral development of children, which are essential in addressing child development concerns, particularly resulting from family separation.

POLICY RECOMMENDATIONS AND LESSONS LEARNT The twentieth anniversary of the International Year of the Family in 2014 provides an opportunity to refocus on the role of families in the context of development. In this context, mainstreaming migration into development planning should not only involve policies and programmes that focus on protecting migrant workers and their families in countries of destination, but also address the equity needs and the human development of families left behind in countries of origin. UNICEF’s experience with transnational families and international migration indicates the need for a shift in awareness of migration issues away from a purely economic perspective to broader human rights and gender approaches focused on vulnerable populations, including children, adolescents, youth and young girls. While the impacts of mobility may be positive for households and out-migration communities, particularly through remittances, the negative consequences of international migration on family dynamics may outweigh any positive effect on human development. The cases of Moldova, Ecuador and the Philippines have shown that the vulnerabilities of children, adolescents, youth and women may be exacerbated by new intra-household dynamics, as well as by the psychosocial impact of family separation and fragmentation. The aim of policy must be to help enable members of transnational families to reach their full potential. To accomplish this, the research reviewed suggests the following: • Recognize the social cost of migration for sending countries—this cost can be seen in terms of reduced social cohesion and the dislocation of left-behind communities • Because within left-behind households it is usually women and girls who suffer the most negative effects of migration, special attention to their needs is required • Particular attention is required to ensure that changed household dynamics do not overburden children of migrant families leading to them to stay away from school

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•

The psychological impact on those left behind should be recognized and psychological services offered to the most vulnerable, particularly children, adolescents and women— these could include school guidance counselling, communication seminars, counselling centres and mentoring programmes for transnational families Policy should not only focus on left-behind families but also on the wider community in order not to exacerbate tensions between different groups in society; similarly, steps should be taken to reduce stigmatization of members of migrant households Non-state actors have an important part to play, particularly in terms of bringing a human rights and gender perspective to bear; in kind, partnerships between government ministries, local authorities, UN agencies and civil society organizations should be strengthened Broad participation by civil society organizations will tend to make interventions more effective; additionally, at the local level, the involvement of teachers, schools and local authorities is crucial, as the active participation of young people and other vulnerable groups should be encouraged The capacity of social institutions, including schools and colleges, to respond to the needs of transnational families should be enhanced, and community offices responsive to the needs of transnational families, such as those instituted in the Philippines, can be an important conduit for intervention

Finally, more work needs to be done in this area. Data collection, analysis and dissemination of family-oriented migration studies that could strengthen the evidence base of policies and programmes should be expanded. There remains a gap in available data on the psychosocial impact of those left behind, qualitative information on the role of migrant organizations, the experience of migrants abroad and returned migrants, and the magnitude of migration issues and their impact on national development. Further information should be collected on the families of migrants, including psychosocial data, and the characteristics of social protection systems that address the needs of left-behind populations. International cooperation should be promoted to strengthen the capacity of state and non-state actors to ensure effective advocacy and implementation of rights- and gender-sensitive family-oriented policy frameworks and conventions (i.e., the Convention on the Rights of the Child and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families).

Endnotes 1.

Although these countries have been highlighted in this study as demonstrating good practice, this does not necessarily imply that they represent best practices on a global scale. Other cases may be of interest for future research endeavours on families in the context of international migration. 2 300 Moldovan families with children that were surveyed in October 2006 within the framework of the UNDP/UNICEF study on the ‘Impact of Migration and Remittances of Families and Communities.’ 5 Herrera, Gioconda, Alicia Torres y Maria Cristina Carrillo (2005). La Migración Ecuatoriana: Redes, Transnacionalismo e Identidades. Quito: FLACSO- Plan Nacional Migración y Desarrollo. 7 Global non-state actors were also important actors in the implementation of comprehensive family oriented policies in Philippines. For instance, UNICEF supported two major multi-agency dialogues to bring government and civil society together to focus on the rights of children and women left-behind. 8 See the 2002 National Concept on Child and Family Protection and the 2003 National Strategy on Child and Family Protection

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9 World Bank, The cost assessment of residential care, 2000; Institute of Public Policies, The situation of institutionalized children 2004; EC FSP and Every Child, Database of children from institutions, 2004; UNICEF, Children in institutions, 2004; UNICEF, Residential System of Child Protection in Moldova, 2007. 10 During the late 1990s, Ecuador experienced a massive financial crisis that resulted in deepening poverty, a lack of social services, a dearth of economic opportunities, and ultimately, an unprecedented exodus of migrants seeking jobs in North America and Europe. According to estimates, over the course of the last decade, as many as one million people migrated from Ecuador, increasing the total number of Ecuadorians overseas to almost three million. 12 For instance, in 2007 UNICEF, UNDP, and the Centre for Social Planning and Research (CEPLAES) co-sponsored a dialogue in partnership with the Special Unit for South-South Cooperation (SU-SSC), UNFPA and IOM. Specific attention was given to issues affecting families and children left behind. As a direct outcome of these dialogues a report on “Families, Children and Migration in Ecuador” was published. In the same year, UNICEF, the National Institution for Children and Families (INFA), and CEPLAES conducted a study entitled “Children and migration in Ecuador: Situation diagnostic”.

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Rannveig Agunias, D. and Ruiz, N. (2007) “Protecting Overseas Workers: Lessons and Cautions from the Philippines.” Washington: Migration Policy Institute. Asis, M. (2006). “Living with migration: experiences of children left-behind in the Philippines”. Asian Population Studies, 2(1), 45-67. Battistella, G. and Conaco M. C. G. (1998) ‘’The Impact of Labour Migration on the Children Left Behind.’’ Berumen, S. and Calleros, J.C. (2010). “Background Paper: Migration, Gender and Family.” Global Forum on Migration Development. Bryant, J. (2005). “Children of International Migrants in Indonesia, Thailand, and the Philippines: A review of evidence and policies,” Innocenti Working Papers inwopa05/32, UNICEF Innocenti Research Centre. Carrillo, S., Ripoll, K., and Schvaneveldt, P (2012). “Family policy initiatives in Latin America: The case of Colombia and Ecuador.” Journal of Child Family Studies, 21: 75- 87. Chant, S., and Radcliffe, M. (1992). “Migration and Development. The importance of Gender. Gender and Migration in Developing Countries.” Chant. S ed. Bellhaven Press, London. Cortes, R. (2007a). “Remittances and Children’s Rights: An Overview of Academic and Policy Literature”, United Nations Children’s Fund, New York Cortes, R. (2007b), ‘Children and Women Left Behind in Labour Sending Countries: An appraisal of social risks’, United Nations Children’s Fund, New York Cruc et.al, (2009). “Study on Social Protection and Social Inclusion in Moldova”, Institute for Development and Social Initiatives “Viitorul”, Chisinau, Moldova Folbre, N. (1986). “Hearts and spades: Paradigms of household economics,” World Development, Elsevier, vol. 14(2), pages 245-255, February. Ghencea, B and Igor, G. (2004). “Labour Migration and Remittances in the Republic of Moldova” Chisinau: Moldova Microfinance Alliance. Herrera, G. and Carrillo, M. (2009). “Transformaciones familiares en la experiencia migratoria ecuatoriana. Una mirada desde los contextos de salida”. En Dialogues transatlantiques autour des migrations latino-américaines en Espagne. Herrera, G. y Carrillo, M.C.1 (2005). “Los hijos de la migración en Quito y Guayaquil. Familia, reproducción social y globalización”. En Tendencias y efectos de la migración en el Ecuador. Solfrini (ed.),Vol. 3. Quito: Alisei.

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HelpAgeInternational and United Nation Children’s Fund (2010). “Staying behind: The effects of migration on older people and children in Moldova.” IOM (2003). “Labour Migration in Asia: Trends, Challenges and Policy Responses in Countries of Origin”. Levitt, P., and Glick Schiller, N. (2004). “Conceptualizing simultaneity: A transnational social field perspective on society”. International Migration Review. Massey, D. (1999). Why Does Immigration Occur? A Theoretical Synthesis. The handbook of international migration: the American experience C. Hirschman, P. Kasinitz and J. DeWind. New York, Russell Sage Foundation. Mincer, J. (1978). “Family Migration Decisions.” Journal of Political Economy, 49, 749-773. Parreñas, R. (2005). “Long Distance Intimacy: Class, Gender and Intergenerational Relations between Mothers and Children in Filipino Transnational Families”, Global Networks 5, 4 Blackwell Publishing & Global Networks Partnership. Parreñas, R. (2006). “Children of Global Migration: Transnational Families and Gendered Woes” Manila: Ateneo de Manila University Press. Peleah, M. (2007). “The Impact of Migration on Gender Roles in Moldova”, Development and Transition (8). Pessar, P. R. and Mahler, S. J. (2003), “Transnational Migration: Bringing Gender in International Migration Review”, 37: 812–846. Scalabrini Migration Center. (2004). “Hearts Apart: Migration in the Eyes of Filipino Children.” Manila: Scalabrini Migration Center. United Nations Secretariat (2009). “South-South in Action” Fall Issue, Media Global: Voices of the Global South. UNICEF Moldova (2008). “Growing up in the Republic of Moldova”, Chisinau. UNICEF-DPS/SPEA Migration (2012a). “Philippines Fact Sheet on International Migration and Development”, UNICEF Policy Initiative on Migration and Children (forthcoming). UNICEF-DPS/SPEA Migration (2012b). “Moldova Fact Sheet on International Migration and Development”, UNICEF Policy Initiative on Migration and Children (forthcoming). UNICEF-DPS/SPEA Migration (2012c). “Ecuador Fact Sheet on International Migration and Development”, UNICEF Policy Initiative on Migration and Children (forthcoming).

Noor Al-Malki Al-Jehani H.E. Noor Al-Malki Al-Jehani, Executive Director of the Doha International Institute for Family Studies and Development (DIIFSD), member of Qatar Foundation for Education, Science and Community Development. Ms. Al-Jehani was a member of the Board of the Governors of DIIFSD since its establishment in 2006. She previously worked as Secretary General for the Supreme Council for Family Affairs (SCFA), a national higher entity entrusted with preparing strategies, policies and program relating to the family. She was also a member of the National Committee for Human Rights in the State of Qatar since its formation in 2003 until 2011. H.E. Ms. Al Jehani was Qatar’s representative in the Arab Women Committee (Arab League) and Women Committee (UNESCWA) and head/member of many national delegations to regional and international conferences on the family, women and children’s rights. During her service in SCFA, she was the focal point on women’s issues including the ratification of the Convention on all forms of Discrimination against Women (CEDAW) from 2004 to 2009, then, she chaired the national committee for drafting Qatar’s first report on the implementation of CEDAW. She supervised and participated in drafting national reports on the implementation of the Beijing Declaration and Platform for Action (2000-2009). Ms. Al-Jehani participated in drafting many national strategies and plans including Qatar’s first national development strategy, 2011-2016 (as chair of drafting committee to the Sectorial Strategy on Family Cohesion and Empowerment of Women). She also participated in the review or drafting of several legislations pertaining to social and women’s issues. She organized and supervised numerous workshops, panel discussions and awareness raising campaigns on women issues such as domestic violence, family law, and women’s political rights. During her membership in NHRC, she was active in advocating for the rights of women, children, people with disabilities and domestic workers.

Hafedh Chekir Mr. Hafedh Chekir, Regional Director, UNFPA - Arab States Regional Office A national of Tunisia, Mr. Chekir joined UNFPA in 1994. He has extensive field experience and expertise in the Arab States region, including having served as Regional Advisor in the Arab Rwegion and UNFPA Representative in Algeria and in the Occupied Palestinian Territory. Before joining UNFPA, Hafedh worked in Tunisia as Demographer at the Office National de la Famille et de la Population, and was subsequently Senior Demographer in the League of Arab States. He has published extensively on population and migration, family structure and gender, health and demographic transition.

Michael Williams Born near Aberystwyth, Wales, UK. Graduated in French Studies 1970 from the University of Warwick, UK. Graduated 1974 from Stockholm University. PGCE 1975. Worked as a teacher in a senior high school until 1993. Employed since 1993 at the Church of Sweden, the diocese of Västerås, as a refugee and immigration counsellor. In 1988, he co-founded the Swedish NGO FARR (the Swedish Network of Refugee Support Groups) and was chairperson from 1988-2008. Responsible editor since 1990 of FARRs publication “Artikel 14” on asylum and refugee issues. Swedish correspondent from 1990-2009 of the Migration News Sheet, published by the Migration Policy Group, Brussels. Member of the Christian Council of Sweden’s working group on migration and member of ther Church of Sweden’s reference group on migration matters. Swedish member of the board of ENAR (the European Network Against Racism) 1998-2002. Experience as legal counsel in asylum cases since 1997. National expert for Sweden in the production of a European database on asylum law launched February 2012 (www.asylumlawdatabase.eu) Publications mainly in Swedish.

Patrick A. Taran Patrick A. Taran is today a recognized international specialist on migration and migrantsâ&#x20AC;&#x2122; human rights, with 35 years full-time professional experience in international migration, immigration, refugee resettlement and discrimination/integration work at local, national and global levels. He played leading roles in obtaining national implementation worldwide of international legal standards; in developing technical cooperation and advisory services on migration governance; in producing practical guidance materials and academic literature on migration and migrantsâ&#x20AC;&#x2122; rights; and in facilitating cooperation on migration among governments, international organizations and civil society. He co-authored five books and many articles, reports and speeches on migration. Mr. Taran is President of the recently established Global Migration Policy Associates, a multidisciplinary team of migration experts from all world regions engaged in research, policy development, and advisory services. He currently implements a project on extending social security to migrants in the Eurasia region. From 2000 to 2011, he was Senior Migration Specialist with the International Labour Office (ILO), responsible for projects and advisory services in Africa, Europe and CIS countries, for work on discrimination and integration for migrant workers, and for activities on protection of rights of migrants with worldwide scope. Previous posts were Program Officer at the UN inter-agency International Migration Policy Program and Secretary for Migration at the World Council of Churches (1990 to 1998); he co-founded and later directed Migrants Rights International (MRI). He established and directed the South American Refugee Program in Seattle from 1976 to 1980 and held research, project funding, and Washington advocacy posts at the Immigration and Refugee Program of the National Council of Churches USA from 1980 to 1990. His university training at Friends World College/State University of New York was in social work and Latin American studies. He teaches migration governance at the Geneva School of Diplomacy and lectures at the ILO International Training Centre in Turin. Recent publications include: - Strengthening Migration Governance. ILO-OSCE. Geneva/Vienna 2010 (Contributing editor) - Refugee Survey Quarterly: Human Rights and Mobility. Volume 28, Number 4. (Special Issue) Oxford University Press. 2010. (Co-editor with Dr Ryszard Cholewinski) - International Migration, Social Cohesion and Development: An Integrated Approach. Council of Europe, Strasbourg, 2009. (Lead writer and coordinating editor) - Handbook on Establishing Effective Labour Migration Policies; Mediterranean edition. OSCE-IOM-ILO. 2007. (Contributing editor)

Maruja Milagros B. Asis Maruja Milagros B. Asis is Director of Research and Publications at the Scalabrini Migration Center. She is a sociologist who has long been working on international migration and social change in Asia. Her recent research includes the study of the health and well-being of children in the Philippines (which is part of a four-country study on health and migration in Southeast Asia), capacity-building of migrantsâ&#x20AC;&#x2122; associations and Philippine government institutions as development partners, the impact of government regulations on the protection of foreign domestic workers, the assessment of pre-departure information programs for migrants, and the displacement of Filipino workers from the Middle East and North Africa. She is Co-editor of the Asian and Pacific Migration Journal. She has authored various publications and has participated in many international conferences.

Zaheera Jinnah

Zaheera Jinnah is a PhD candidate in Anthropology at the University of KwaZulu Natal( www.ukzn.ac.za), Durban, South Africa, and a researcher at the African Centre for Migration & Society (www.migration.org.za), at the University of Witwatersrand, Johannesburg, where she also coordinates the post- graduate teaching programme in Forced Migration Studies, and co-teaches a Masters course in Migration and Human Rights. She holds an MA in development studies (University of KwaZulu Natal) and a BA in Social Work (University of South Africa). Zaheeraâ&#x20AC;&#x2122;s recent scholarly work and publications are centered around two major thematic areas: gender and migration in the global South; and migrant mobilisation in Southern Africa. Her doctoral thesis is an ethnographic study of Somali women in Johannesburg. In this study, she attempts to develop a theoretical framework which places women at the centre of migration and settlement processes, thereby emphasizing the agency of women, and seeks to understand how women strategically position themselves to leverage resources during migration and settlement. She has also worked extensively on the desire and capacity of migrants to mobilize for rights and services in South Africa and Kenya, adopting a non-centric role of the state, and exploring the complex dynamics between and amongst civil society, international organizations, governments and migrants. Zaheera has published in numerous fora: this includes chapters in peer reviewed books, and journals; and has presented several papers at international conferences. She is a member of the South African Council of Social Services Professions (SACSSP), and the European Association of Social Anthropologists (EASA).

Jana Costachi Mrs. Jana Costachi, Ph.D. in sociology has an experience of more than 12 years in promoting social justice and preventing social exclusion of different categories of vulnerable people in areas related to social protection with specific focus on family policies, labour migration issues, equal opportunities and trafficking of human beings. Mrs. Jana Costachi has experience in elaborating and promoting institutional and legislative reforms at the highest state levels, being in the positions as Deputy Minister of Labour, Social Protection and Family, Senior Migration Policy Advisor/ILO, Chief Technical Adviser/ILO, National Projects Coordinator/ILO, Coordinator of various NGO projects in the social field, migration, prevention and prosecution of trafficking. For more than five years, she has been working in various ILO Technical cooperation projects: “Employment, vocational training opportunities and national policy measures to prevent and reduce trafficking in women in Albania, Moldova and Ukraine”, the ILOICMPD Project “Elimination of Human Trafficking from Moldova and Ukraine through the Labour Market Based Measures” and EU/ILO Labour Migration Project “Regulating labour migration as a development instrument and regional cooperation in Central Asia – Kazakhstan, the Kyrgyz Republic and Tajikistan”. Mrs. Costachi has an impressive theoretical background: PhD in Sociology, University Degree in Law, and experience as Associated professor at the University of Bucharest, Romania, Associated professor at the Eurasian National University, Kazakhstan, national consultant of UNICEF, DIFID, UNDP, SOROS FOUNDATION, expert of Council of Europe, international ILO expert. The previous positions allowed Mrs. Costachi to participate directly in policy formulation from different perspectives as public servant, representative of international organizations or non-profit organizations, independent expert/consultant, member of various Governmental Working Groups, Experts Groups, Task Force etc, by providing recommendations for improving policies, laws, procedures and practices for better coordination and synergies between different actors. The consultative meetings on identifying the needs, constraints with high level key stakeholders allowed Mrs. Costachi to facilitate, establish and maintain contacts with other international/regional agencies and non-governmental organizations working on migration issues in Central Asia, in view to promote issues related to protection of labour migrants, in particular, undocumented. As President of Association of women in legal career from Moldova and Director of the Centre for Prevention of Trafficking in Women (CPTW), Mrs. Costachi was one of the pioneers that developed mechanisms to ensure better access to Justice and employment opportunities for victims of THB.

Eleonore Kofman Eleonore Kofman is Professor of Gender, Migration and Citizenship and co-Director of the Social Policy Research Centre at Middlesex University, London. Her current research focuses on gender and migration in Europe, especially in relation to family and skilled migrants; gendered perspectives on integration; and inequality and multiple discrimination. She has coordinated and been a partner in a number of national and European projects. In particular in relation to family migration, she was the international partner in Civic Stratification, Gender and Family Migration Policies in Europe (2006-8), coordinated by ICMPD, Vienna, which examined policies and the effects these had on family migrants across 9 European states. Two European Commission projects focused on gender issues -GENDERACE. The Use of Racial Anti-Discrimination Laws: gender and citizenship in a multicultural context, EC FP7 (2008-2010) and GEMMA Gender and Migration. Enhancing Policy through European Research, EU FP7 (2008-2010). She has also been closely involved with the European Network of Migrant Women (European Women’s Lobby) in developing their project on gender-sensitive family reunification policies and their response to the recent EC Green Paper on the Family Reunification Directive. She has also coordinated projects on equality and discrimination such as the Equality Implications of Being a Migrant in Britain: review, Equality and Human Rights Commission, 2009, and Inequality and Multiple Discrimination in Access to Healthcare, (2010-2011, Fundamental Rights Agency) which studied the experiences of vulnerable groups from selected ethnic groups (older people, women with reproductive health problems and young adults with intellectual disabilities) in Austria, Czech Republic Italy, Sweden and the UK. Selected publications in the field of gender and migration include: Kraler, A., E. Kofman, M. Kohli and C. Schmoll (eds) Gender, Generations and Family in International Migration, University of Amsterdam Press, 2011. Kofman, E. and Raghuram, P. ‘The implications of migration for gender and care regimes in the South’, in K. Hugo and N. Piper (eds) South-South migration: Implications for Social Policy and Development, Palgrave, 2010, pp. 46-83 Kofman, E. ‘Gendered Migrations and the globalisation of social reproduction and care: new dialogues and directions’ in M. Schrover and E. Yeo (eds) Gender, Migration and the Public Sphere 1850-2005, Routledge, 2010, pp. 118-39 Kraler, A. and E. Kofman, Civic Stratification, Gender and Family Migration Policies in Europe, Imiscoe Policy Brief no 16, 2009 http://www.imiscoe.org/publications/ policybriefs/

Susu Thatun Dr. Susu Thatun is the specialist on the issues of child trafficking and migration at UNICEF Head Quarters since 2009. Prior to joining UNICEF, Susu had worked on the issue of human trafficking in the Asia Pacific region for nearly ten years of which seven and a half years were in the Mekong Region working as the national coordinator, deputy programme manager and programme manager respectively of the UNDP administered UN Inter-agency Protection on Trafficking in the Greater Mekong Sub-region. Following that, she worked with World Vision Australia as its Senior Policy Advisor on Human Rights and Trafficking for two and a half years. Susu has extensive hands-on experience in working with the victims of trafficking, in particular with child and women victims as well as at the programming and policy level. Among her achievements, she was the catalyst for the establishment of a repatriation system for victims of trafficking between Myanmar and Thailand as well as for multicountry regional coordination mechanism in the Mekong region, better known as the Coordinated Mekong Ministerial Initiative against Trafficking (COMMIT). On behalf of UNICEF, Susu currently chairs the Interagency Coordination group Against Trafficking in Persons (ICAT). Susu has published a number of chapters and articles on trafficking and spoken widely and given lectures at a number universities in the US, Europe and Asia. Prior to working in the development sector, she taught English at different universities and institutions in her home country in Myanmar, Thailand and Japan for 13 years. Susu holds a PhD in International Political Economy from University of Tsukuba, Japan.

Mostafa Kharoufi Mostafa Kharoufi is a sociologist and geographer. He received his doctorate in sociology from the University of Toulouse 2. He also got DEA in political science and a master in education science. He worked as a researcher, consultant and coordinator of many development programmes in Egypt, Sudan and Maghreb countries related to migration, governance and poverty alleviation issues.Â He acted as Director of research in the Royal Institute of Strategic Studies in Morocco. He also acted as a Director of the UNDP Office in the Eastern Region of Sudan, and got opportunity to develop an experience in launching, monitoring and evaluating development projects. Also, under the umbrella of the High Commission of Human Rights in New York, the Moroccan Council in charge of Human Rights and the UNDP, he coordinated the Legal Empowerment of the Poor Programme in Morocco.Â He is an active member of knowledge networks involving several developing countries (in Africa and the Middle East). He spent more than four years as Adviser of the Prime Minister of Morocco. Currently, he is Programme Adviser in the UNFPA, Arab States Regional Office in Cairo. He has published on migration as well as on governance issues.

Nicola Piper Nicola Piper is Senior Research Fellow (political sociology) at the Arnold Bergstraesser Institute at Freiburg University, and an external advisor on migration research at the UN Research Institute for Social Development and Vice President of the Global Migration Policy Associates. She has published extensively on gendered migration, migrant rights and global governance of migration. Among her latest publications are the edited volumes New Perspectives on Gender and Migration: Livelihoods, Rights, and Entitlements (2008), South-South Migration: Implications for Social Policy and Development (with Katja Hujo, 2010) and the coauthored book Critical Perspectives on Global Governance: Rights and Regulation in Governing Regimes (with Jean Grugel, 2007). Since 2010, she has been editorial board member of the international peer-reviewed journal Refugee Survey Quarterly.

Blandine Mollard Ms. Blandine Mollard, Project Officer, Gender Coordination Unit, International Organization for Migration, has a background in international law and international relations and a specialization on development studies. She has worked in Morocco with grass-root women’s associations on the promotion of women’s rights and especially increasing rural women’s access to information on their rights. Later on, she pursued on this advocacy effort by joining an international NGO called Femmes Africa Solidarité, in Geneva whose goal is to mitigate the impact of armed conflicts on civilian women and girls and promote their active participation to conflict prevention and conflict resolution, in line with UN resolution 1325. Since 2006, she has been working in the Gender Coordination Unit of IOM at its headquarters in Geneva. Her work consists of providing expertise on the inclusion of gender concerns in migration management. In this capacity, she has especially worked on addressing traditional practices having detrimental effects on women’s and girls’ health such as Female Genital Mutilation; promote migrant women’s leadership and integration. Recently she coordinated the IOM publication Crushed hopes: underemployment and deskilling among skilled migrant women. The publication focuses on the psychosocial aspects of deskilling among skilled migrant women with case studies from the UK, Quebec and co-authored a case study on the impact of deskilling on the lives of professional migrant women in Geneva.

Ibtihel Bouchoucha Ibtihel Bouchoucha is statistician and demographer. She had European research certificate of demography (Max Planck Institute & INED). Ibtihel Bouchoucha is PhDStudent in university of Paris-west & INED. She is also Temporary Research and Teaching Assistant at University of Paris-Diderot. Ibtihel Bouchoucha started her carrier as a statistician at the National Institute of Statistics in Tunisia. She was in charge of gender statistics and the responsible for the national time-use survey. Her first research work was within the framework of an International Research Network about the gender representations in the school handbook, she studied the case of Tunisia. In her PhD dissertation, Ibtihel Bouchoucha studies migration in Tunisia, with a comparative approach between internal and international migration. Her research is focused on the impact of the regional disparities and gender relations. Her current research interest includes internal and international migration, youth, demographic changes in the Maghreb, and gender and employment in Tunisia.

Victoria Cruz A Costa Rican national, Victoria Cruz is a legal professional who holds a Master’s degree in criminology from the University of Costa Rica and the Distance State University of Costa Rica. She currently serves as Chief Technical Advisor for the International Programme on the Elimination of Child Labour (IPEC) of the International Labour Organization (ILO) in Mexico. She began her career with the ILO in 2002 with the Subregional Project entitled “Contributing to the Prevention and Eradication of Commercial Sexual Exploitation of Children and Adolescents in Central America, Panama and the Dominican Republic.” During the years 2006 and 2009 she took over the subregional coordination for this project. In 2010, she took over coordination of the “Stop Child Labour in Agriculture” project in Mexico, which is implemented at federal level and in the states of Chiapas, Veracruz, Michoacan, Oaxaca and Sinaloa. This project has a particular focus on the worst forms of child labour in agriculture, with special emphasis on indigenous child labour and child labour resulting from migration (including child labourers who migrate alone, child labourers left behind as a result of adults migrating from rural communities and the migration of entire families where the parents are commonly involved in seasonal agriculture). Formerly she has served on several projects for United Nations system agencies such as UNICEF, ILANUD and UNV in Costa Rica, Panama and Germany, focused on protecting the rights of children and young people. She has participated as a speaker at numerous seminars, workshops and forums on the topics of juvenile justice, trafficking in children, commercial sexual exploitation of children, child labour and rights of children and adolescents. Also noteworthy is her participation in the World Congress III against Commercial Sexual Exploitation, as a facilitator of ILO courses at the International Training Centre of the ILO in Turin, and as a speaker at Iberoamerican Conferences on Human Trafficking. In addition, she has authored numerous articles on these topics and is responsible for a wide variety of technical publications for the projects in which she has participated. IPEC is the largest technical cooperation programme of the ILO. Implemented in over 80 countries around the world, it seeks to contribute with governments and ILO’s tripartite stakeholders (employers and workers and their organizations) in preventing and eliminating child labour.

Hans van de Glind Hans van de Glind works as Senior Specialist and focal point for child trafficking and migrant children with the International Programme on the Elimination of Child Labour (IPEC) of the International Labour Organization (ILO) at its headquarters in Geneva. He has been with ILO since 1997, with prior postings in the Mekong sub region and China where he managed projects against child trafficking. Prior to ILO he worked for two years with the International Organization for Migration (IOM) - on irregular migration and human trafficking, and before that with several NGOs in South Asia. Mr. van de Glind authored ‘Migration and child labour; Exploring child migrant vulnerabilities and those of children left-behind’ (ILO, 2010) and co-authored ‘Training manual to fight trafficking in children for labour, sexual and other forms of exploitation’ (ILO, UNICEF, UN.GIFT, 2009) along with a range of other publications. He regularly facilitates training courses to address child trafficking at the International Training Center in Turin, Italy. In 2010, he was one of the organizers of a Global Child Labour Conference which resulted in a Roadmap for Achieving the Elimination of the Worst Forms of Child Labour by 2016. Mr. van de Glind is a founding member of the Global Working Group on Children on the Move. He holds a Master’s degree in Public Administration from Leiden University (the Netherlands). His research interests include children’s vulnerabilities to exploitation, child labour and child migration, child trafficking. He currently is a UN test case for work-life balance, lives with his family in Malmö (Sweden) and works part-time from Geneva (Switzerland).

Mirela Shuteriqi Ms. Mirela Shuteriqi graduated in international and European law at the University of Utrecht, The Netherlands. In 2004, she joined the anti-trafficking project of Terre des hommes (Tdh) in Albania, in the capacity of child protection lawyer. She was in charge of providing legal counseling and court representation in cases of children at risk or trafficked. She also participated in drafting of new legislation and policies addressing child exploitation and trafficking in Albania. In 2006, Ms. Shuteriqi joined the team of Tdh Child Protection Project in Budapest, where she continued her advocacy work focusing on the protection of foreign unaccompanied children in Europe. Since January 2008, Ms. Shuteriqi is following up as policy advisor Tdh projects on protection of children, including those on the move, against exploitation, trafficking and other forms of abuse. She is author of different publications both in the field of child protection and anti-trafficking, as well as on other human rights topics such as the International Criminal Court, women’s rights etc.

John K. Bingham A lawyer and migrant, Mr. Bingham is the Head of Policy of the International Catholic Migration Commission in Geneva. ICMC is a network of the Catholic Bishops conferences worldwide. With programmes and staff in 40 countries, ICMC serves and advocates for refugees, internally displaced persons and migrants regardless of faith, race, ethnicity or nationality. Mr. Bingham has been appointed by the governments of Switzerland and Mauritius Coordinator of civil society activities for the 2011 and 2012 Global Forum on Migration and Development. In 2010, Mr. Bingham chaired the Steering Committee for the Civil Society Days of the Global Forum, in Mexico. He also serves as president of the International NGO Platform on the Migrant Workers Convention. Before joining ICMC in 2005, Mr. Bingham worked for eight years for Catholic Charities in New York, where he was director of the departments of Immigrant and Refugee Services and later Capital Projects and Law. He served as Chair of the Board of the New York Immigration Coalition, an advocacy network of 180 member organizations, and on the migration advisory group of the US Conference of Catholic Bishops. During the eight prior years, he taught human rights and criminal justice in a refugee camp of 240,000 Cambodians in Thailand, and later business law at the university in Phnom Penh, where he co-authored two books, Free Market Contract Law and an English-Cambodian Law Dictionary. A graduate of Fordham Law School and St. Johnâ&#x20AC;&#x2122;s University in New York, Mr. Bingham worked for eight years in the legal department of a major Wall Street investment bank, where he was Vice President. Married to a French woman and living in France, he has four sons aged 17, 14, 13 and 10.

Supang Chantavanich Professor Emeritus; Department of Sociology and Anthropology EDUCATION 1969: B.A. (Hon.) in English and Philosophy, Chulalongkorn University 1972: Maitrise en Sociologie, Universite de Grenoble II 1976: Doctorat du 3e cycle en sociologie (Mention Tres bien), Universite de Grenoble II PUBLICATIONS/ PROJECTS (SELECTED) 2010 2011

AWARDS 2002-2004 2003

2005

Understanding Recruitment Industry in Thailand. The Asian Research Center for Migration, Institute of Asian Studies, Chulalongkorn University. Rapid Assessment of the Impact of the Global Economic Downturn on Workers in Thailand Phase II. The Asian Research Center for Migration, Institute of Asian Studies, Chulalongkorn University. Sustainable Solutions to the Displaced People Situation along the Thai-Myanmar Border. The Asian Research Center for Migration, Institute of Asian Studies, Chulalongkorn University. Capacity Building for Concerned Agencies – The Protection of Migrant Workers and the Prevention of Labor Exploitation including Human trafficking. The Asian Research Center for Migration, Institute of Asian Studies, Chulalongkorn University. Cross-border displaced persons from Myanmar in Thailand. In Thailand Migration Report 2011 : Migration for Development in Thailand. Intrenational Orgamization for Migration, Thailand Office. TRF Senior Research Scholar, Thailand Research Fund. Most Outstanding Research Award, Chulalongkorn University. Research project on “Thai Migrant Workers in East and Southeast Asia: the Prospects of Thailand’s Migration Policy in the Light of the Regional Economic Recession.” Most Outstanding Researcher in Sociology, National Research Council Thailand.

Piyasiri Wickramasekara Piyasiri Wickramasekara, a Sri Lankan national, joined the International Labour Organization in April 1985, and served as a Senior Migration Specialist in the ILO’s International Migration Programme, Geneva from 2001 to 2010 following previous long spells with the ILO in New Delhi and Bangkok. He is currently serving as the VicePresident of the Geneva-based Global Migration Policy Associates. His previous positions with the ILO include: Officer-in-Charge, International Migration programme, ILO, Geneva (January to July 2005); Senior Specialist in Labour Market Policies, ILO’s East Asia Multidisciplinary Advisory Team (ILO-EASMAT), Bangkok, Thailand (1994 to 2000); Senior Development Economist , ILO Asian Regional Team for Employment Promotion (ILO-ARTEP), New Delhi, India (1986-1993). Prior to joining the ILO, he was a Senior Lecturer in the Department of Economics, University of Sri Lanka, Peradeniya (1968-1984). Wickramasekara has undertaken and directed policy-oriented research and technical assistance programmes on employment, poverty alleviation, labour market polices and strategies, and international labour migration, and provided advisory services to countries in Asia (South, Southeast, East and Pacific), Africa (West and Southern Africa), Central and Eastern Europe, and the Middle East in these areas. He has work experience in the following countries: Afghanistan, Bahrain, Bulgaria, Burkina Faso, Cambodia, China, Lao PDR, India, Mali, Mongolia, Nepal, Pakistan, Papua New Guinea, Philippines, Senegal, Sri Lanka, Tanzania, Thailand, and Tonga. He has contributed considerably to the formulation of recent ILO’s perspectives on international labour migration including its rights based approach. He has published widely in his areas of expertise, and was one of the architects of the ILO flagship product, the ILO Multilateral Framework on Labour Migration (2006), and a major contributor to the ILO monograph, International labour migration: A rights-based approach (2010). He also steered the development of a national labour migration policy in Sri Lanka in 2007/08. His recent publications include monographs on Circular Migration: A triple win or a dead end and Labour migration in South Asia: A review of issues, policies and practices. He obtained his Bachelor’s degree in economics from the University of Sri Lanka, Peradeniya, Sri Lanka, and his Ph.D. in Economics from the University of Cambridge, UK.

Sevda Clark Sevda Clark is Doctoral Research Fellow at the Norwegian Centre for Human Rights, University of Oslo. She is an Australian-trained lawyer with degrees in Arts and Law from the University of Sydney (2007). She completed a Masters in the Theory and Practice of International Human Rights Law, University of Oslo in 2010. Her research interests are women’s rights, children’s rights economic, social and cultural rights. Sevda frequently lectures on human rights, children’s rights and women’s rights in Norway and abroad. She regularly advises states and UN bodies on children’s rights and women’s rights issues. Since 2009, she has helped pioneer the development of new international legal standards; Sevda actively participated in the drafting of the third Optional Protocol to the Convention on the Rights of the Child (opened for signature on 28 February 2012). Sevda has published various articles on children’s rights and women’s rights. Previously she has worked as the Managing Editor of the Nordic Journal of Human Rights and the Coordinator of the Socio-Economic Rights Programme at the Norwegian Centre for Human Rights. In Australia, she has worked as a Prosecution Officer at the Office of the Director of Public Prosecutions, NSW and at a private law firm.

Wandile Zwane A graduate of the University of South Africa (BA, Social Sciences), the University of East Anglia (MA, International Child Welfare) and the University of Johannesburg (Diploma in Advanced Business Management), he has served as Project Manager at the Centre for the study of Violence and Reconciliation, Project Manager for the Child Friendly City Initiative, Regional Manager for Social Services, Policy and Strategy Specialist, and is currently a Director in the City of Johannesburg Health and Social Development Department. His professional experience includes programme development, policy, strategy and management, with a special focus on crime, migration, violence and trauma, and extensive experience on the issues of children living and working on the streets in Johannesburg. He has authored a number of publications, including “A City on a Mission – protecting street children in Johannesburg. Reflections on Children’s Rights Marginalised Identities in the Discourse(s) of Justice English Library: the Linguistics Bookshelf Volume 6” (2011); “Planning for a Young Urban World: Child Friendly Cities” (2001); “Johannesburg’s Child Friendly City Initiative” (2001); “Making Schools Safe. Delivering Africa’s Education Renaissance in South Africa” (2000); “Pathway to violent crimes by children in South Africa and the UK” (Social Work Monograph no. 177, Norwich: School of Social Work, 2000).

Jeronimo Cortina Jeronimo Cortina is an Assistant Professor in the Department of Political Science and a Research Associate at the Center for Public Policy at the University of Houston. He earned a PhD in political science from Columbia University where he previously earned a Master’s degree in public administration and public policy from the School of International and Public Affairs. Dr. Cortina specializes on survey research, political behavior, immigration, and quantitative methods. His work has been published in scholarly and policy journals such as the American Politics Research Journal, Foreign Affairs in Spanish, and the Harvard Journal of Hispanic Policy. His latest books include (with Andrew Gelman, David Park, Boris Shor) “Red State, Blue State, Rich State, Poor State: Why Americans Vote the Way They Do” published by Princeton University Press and “A Quantitative Tour of the Social Sciences” published by Cambridge University Press (with Andrew Gelman). He is currently co-editing (with Enrique Ochoa-Reza) “New Perspectives on International Migration and Development” forthcoming with Columbia University Press. Most of his work is publicly available through his webpage at: www.jeronimocortina.com

Michael Newson Michael Newson is currently based in Cairo as the Regional Thematic Specialist for the Middle East and North Africa (MENA) for the Labour Migration and Human Development (LHD) Division, with the International Organization for Migration (IOM). He is responsible providing technical support, policy expertise, capacity building, and training to governments, IOM officials, and other relevant stakeholders throughout the MENA region. Michael previously worked with IOM in Bogota in 2007 and Mauritius in 2008 and 2009, with a focus on the development and implementation of labour migration programmes. From 2009 to 2011, Michael worked as Senior Policy Advisor in the Labour Market and Immigration Division for the Government of British Columbia (Canada) where he focused on policy issues relating to both temporary foreign workers and permanent economic immigration streams. Michael has a BA in Philosophy & English Literature from the University of British Columbia, and an MA in Social & Political Philosophy from York University (Toronto).

Ayman Zohry Ayman Zohry (Ph.D. University of Sussex) is an expert on migration studies based in Cairo, Egypt. He is the founding president and president of The Egyptian Society for Migration Studies (EGYMIG). Dr. Zohry is also an Adjunct Professor of migration studies at the American University in Egypt (AUC), and Senior Lecturer of demography at Cairo Demographic Center (CDC). Following his early interests in Arab and Egyptian demography (1987-1998), Dr. Zohry’s research interests have shifted increasingly to the study of migration. Dr. Zohry is the chair of the Scientific Panel on International Migration; the International Union for the Scientific Study of Population (IUSSP). His current research interests include migration and labor circulation, international migration, illegal/irregular migration, and migration policies in the Middle East and North Africa (MENA), and Europe.

Rosalía Cortés Born and residing in Argentina. Sociologist by the University of Buenos Aires, Magister in Development Economics, by the Institute of Social Studies, Netherlands. Research: Public Policies and the Labour Market; Social Dimensions of Migration and Remittances; Youth and adolescents’ migration; Employment and Migration. Consultant for UNICEF, ILO, World Bank. Editorial Board: Global Social Policy; Desarrollo Económico; Estudios del Trabajo. Present Position: Researcher in Facultad Latinoamericana de Ciencias Sociales, FLACSO. Researcher, National Council for Research, CONICET.

Amina Mesdoua Amina Mesdoua is a diplomat; she holds the rank of Minister Plenipotentiary. Prior to joining the Doha International Institute for Family Studies and Development (Qatar Foundation) as Family Policy Director, she was a Deputy Director in charge of the cooperation with intergovernmental organizations at the Ministry of Foreign Affairs in Algeria. She has over 25 years experience dealing with international organizations, human rights, and development issues. She served in many countries including at the United Nations Organization, New York when she was the representative of Algeria to (among other) 3rd Committee, Commission on the Status of Women, Commission on Social Development, NGO’s committee. She served as a vice president of the 3rd committee at the 54th session of the UN General Assembly and participated in many International Conferences and negotiations. As a Family Policy Director at DIIFSD, she organized many conferences and colloquium related to women, family policy, Ageing, youth and development issues. She has essays in French and English on issues related to politics, women and children. She has a diploma from Ecole Nationale d’ Administration (Diplomacy) and a degree in International Relations.