Transcript ILO Conventions and Recommendations on Migrant Workers

“The Role of Social Security in
Protecting Migrant Workers:
ILO’s Approach”
ISSA Regional Conference for
Asia and the Pacific
New Delhi, India, November
2006
Ursula Kulke, Co-ordinator for Standards and Legislation
Social Security Department, ILO Geneva
Not new, but critical and
urgent issue...
The expansion of
globalization and
the greater flow
of people across
national
boundaries
Lead to new
forms of relations
that require
corresponding
economic and
social policies
Widely accepted definition of
social security
ILO defines social security as:
“… the protection which society provides for its
members, through a series of public measures,
against the economic and social distress that would
otherwise be caused by the stoppage or substantial
reduction of earnings resulting from sickness,
maternity,
employment
injury,
unemployment,
invalidity, old-age and death and the provision of
medical care and subsidies to families with
children….”
Nine branches of social security
benefits
1.
Medical care
2.
Sickness benefit
3.
Unemployment benefit
4.
Old-age benefit
5.
Employment injury benefit
6.
Family benefit (for children)
7.
Maternity benefit
8.
Invalidity benefit
9.
Death (for survivors) benefit
Social Security – A Human Right

Declaration of Philadelphia (1944)

Universal Declaration of Human Rights (1948)

Social Security (Minimum Standards)
Convention, 1952 (No. 102)

International Covenant on Economic, Social &
Cultural Rights (1966)

International Labour Conference (2001): “highest
priority are policies and initiatives which can bring
social security to those who are not covered by
existing systems”
Overall policy objectives
 Ensuring equality of treatment in social
security for migrant workers and ensuring
that migrant workers can enjoy their
entitlements to benefit in practice
 Thus, extending social security coverage to
currently unprotected population
Restrictions faced by
migrant workers under national
legislation

Principle of Nationality, which leads to exclusion of
migrant workers from coverage or entitlement to
benefits

Principle of Territoriality, which limits scope of
application of social security legislation to territory
of a country

Lack of bilateral or multilateral social security
agreements through which social security rights,
acquired in one country, are maintained and which
provide for the export of benefits
Policy options and instruments

Coordination of social security rights of migrant
workers by

Multilateral agreements

Bilateral agreements

Ratification of ILO Social Security Conventions

Protection of social security rights by unilateral
measures

Protection by individuals (e.g. private
insurance)
ILO standards for the protection of migrant
workers’ social security rights

Equality of Treatment (Accident Compensation) Convention,
1925 (No. 19) = 120 Ratifications


The Equality of Treatment (Social Security) Convention,
1962 (No. 118) = 38 Ratifications


Asian Countries: Bangladesh, India, Iraq, Jordan, Pakistan
and Philippines
The Maintenance of Social Security Rights Convention,
1982 (No. 157) = 3 Ratifications


Asian Countries: Bangladesh, China, Korea, India, Indonesia,
Iran, Iraq, Japan, Jordan, Lebanon, Malaysia, Myanmar,
Pakistan, Philippines, Singapur, Syria, Thailand and Yemen
Asian Countries: Philippines
The Maintenance of Social Security Rights
Recommendation, 1982 (No. 157)
Social security rights of
irregular migrant workers

Relevant ILO social security standards are silent
regarding the protection of irregular migrant workers

Exception:
Article 9(1) of the ILO Migrant Workers (Suplementary
Provisions) Convention, 1975 (No. 143), which stipulates
that irregular migrant workers shall have the same rights as
regular migrant workers concerning social security rights
arising out of past employment

Ratifications: 18 (non of them belongs to Asian Countries)
Basic principles of ILO standards and
bilateral and multilateral instruments

Equality of treatment between nationals and nonnationals


Determination of applicable legislation


Non-national workers should have same treatment as
national workers re. coverage and entitlement to benefits
Social protection of migrant workers has to be governed by
single law to avoid double benefits or double obligation to
pay social security contributions
Maintenance of acquired rights

The right acquired in other countries should be guaranteed
to the migrant worker
Basic principles of ILO standards and
bilateral and multilateral instruments

Maintenance of rights in course of acquisition


Provision of benefits abroad


There should be no restriction on the payment of benefits
irrespective of the place of residence of the beneficiary
Mutual administrative assistance


The contribution period served in other countries should be taken
into account when considering the qualifying period (principle of
aggregation)
Facilitation of administrative arrangements through liaison bodies to
ensure smooth coordination
Reciprocity

Protection of migrant workers is based on reciprocity
Protection through multilateral
social security agreements
- Examples 
European Union




Regulation 1408/71/EEC (1971)
Regulation 859/2003/EC (2003)
European-Mediterranean Agreements (most remarkably, The
Barcelona Declaration of 1995)
Caribbean Community and Common Market
(CARICOM)

Agreement on Social Security (1997)
Protection through multilateral
social security agreements
- Examples 
Africa:





Economic Community of West African States (ECOWAS)
General Convention on Social Security (1993),
Economic Community of the Countries of the Great Lakes
(CEPGL);General Social Security Convention (1978)
Southern African Development Community (SADC);
Convention under Preparation
East African Community (EAC); Convention under
Discussion
Asia:

In the context of regional integration, ASEAN is interested in
establishing social safety nets and reinforcing social security
for member countries
Receiving
Countries
Sending
Countries
SS Agreements
Ratified Convention
India
(7’164.00)
0
C. 19, 118
Philippines
(4’086.00)
10 (non
Asian C.)
C. 19, 118,
157
Pakistan
(3’765.00)
2 (Denmark,
Libya)
C. 19, 118
Bangladesh
(3’342.000)
N/A
C. 19, 118
China
(2’540.000)
2 (Korea,
Germany)
C. 19
Indonesia
(2’428.00)
0
C. 19
Thailand
(1’607.000)
0
C. 19
Viet Nam
(1’457.000)
0
----------
Korea
(1’450.000)
1
C. 19
India
(6’271.000)
Saudi
Arabia
(5’255.000)
Australia
(4’705.000)
Pakistan
(4’243.000)
China
(3’508.000)
Iran
(2’321.0
00)
Jordan
(1’945.000)
United Arab
Emirates
(1’922.000)
0
0
2 (Korea,
Germany)
C. 19
0
0
---------
2 (Libya,
Denmark)
C. 19, 118
0
C. 19, 118
13 (non
Asian C.)
C. 19
C. 19
C. 118
----------
Reasons for the lack of social security
coordination

Administrative complexity and costs for coordination

Social security systems of migrant sending countries are
insufficiently developed

Impediment for conclusion of bilateral/multilateral agreements on « reciprocal »
basis
 Social security systems of migrant sending countries are
different to those of migrant receiving countries
 e.g. widespread use of provident fund systems
 Administrative capacity is insufficient
 to ascertain whether all required conditions are satisfied
 to distribute periodically for several years social security benefits
 Lack of willingness to coordinate, as social security
is not given a high priority
Protecting social security rights through
unilateral measures
 Coverage of social security for migrant workers in the host
countries
 Provision of group insurance for overseas workers
 Liability on recruitment agencies for (voluntary) social security
coverage (e.g. Indonesia and Philippines)
 Provision of voluntary social security coverage for nationals
working abroad (e.g. Jordan, Philippines)
 Provision of health care coverage for family members in the
home country
 Possibility of covering retroactively missing insurance periods
Some best practices regarding protection
of irregular migrant workers’ social
security rights

Provision of emergency health care


e.g. Belgium, Czech Republic, Finland, France, Mexico,
Norway and Spain
Treatment by medical doctor in case of urgent care

e.g. Mexico, Sweden and Turkey
ILO’s Approach for the Way
Forward…

International Migration is important part of ILO’s Decent Work
Agenda

ILO Tripartite Meeting of Experts adopted in 2005 “The ILO
Multilateral Framework on Labour Migration: Non-binding
principles and guidelines for a rights-based approach to labour
migration”, which lays down:

“(9.9.) entering into bilateral, regional or multilateral agreements to
provide social security coverage and benefits, as well as portability
of SS entitlements, to regular migrant workers and, as appropriate,
to migrant workers in irregular situation”

(“9.10.) adopting measures to ensure that migrant workers and
accompanying family members are provided with health care and,
at a minimum, with access to emergency medical care, and that
regular migrant workers and accompanying family members
receive the same treatment as nationals witht regard to the
provision of medical care”
ILO’s Approach for the
ASEAN Countries...

Extending social protection for migrant workers constitutes one
of key pillars of ILO Plan of Action on Labour Migration in Asia
Pacific. It states:


“The Asian Regional Meeting in 2001 asked the ILO to help design
a social security treaty for migrant workers, especially for coverage
of old-age benefits and payment of pensions in countries where
migrants retire. Possibilities for harmonizing benefits that can be
availed of by each other’s nationals when employed in another
member country will be studied, including the requirements and
qualifications for membership and for entitlements to various
benefits. There may be a need in some cases to amend existing
social security legislation to allow for pension rights to be given to
non-nationals........
Both ISSA and SEC/SOC (ILO) will be asked to provide technical
expertise on social security issues under the Plan of Action”
ILO’s Approach for the
ASEAN Countries...

ILO is well prepared to provide ASEAN countries
technical assistance regarding:

Providing social security coverage for migrant workers under
national legislation

Harmonizing national social security legislation and, if
needed, amending existing social security legislation

Negotiating and drafting of bilateral social security
agreements

Drafting of regional social security treaty for ASEAN
countries

Strengthening administrative capacities for the implemention
of social security agreements/social security treaty.
THANK YOU