APPENDIX: GOVERNMENT RESPONSE
The Government welcomes the Committee's report as
a positive and constructive contribution to what is an important
and sensitive policy debate.
Since the White Paper on making globalisation work
for the poor, published in 2000, DFID has been working to improve
its understanding of the relationship between migration and development
and its impact on poverty in different contexts and settings.
The challenge is to make the most of migration by minimising the
costs for developed and developing countries alike, as well as
for migrants themselves. And the best way to do this is by working
together across Government and with our partners, both here and
abroad.
The Committee's report has a wealth of practical
suggestions and observations that will feed into DFID's evolving
work in this area, and also emphasises the importance of cross-Whitehall
working to maximise the very real benefits that can accrue from
well-managed migration policies.
The Government's responses to individual Conclusions
and Recommendations are set out below.
1. Policies aimed at delivering development and
poverty reduction should not start from the assumption that migration
is a rare occurrence, a south-north phenomenon, or a one-off event.
Policies need to be based on an understanding of the multi-faceted
nature of migration, including temporary, circular and seasonal
migration, within and between developing countries, as well as
from south to north. (Paragraph 16)
The Government agrees that migration is complex and
context specific. It is not a development failure or a new phenomenon
and is here to stay. Those individuals or families migrating
make the decision to do so for multiple reasons in response to
economic, social, political, conflict or other situations. Movement
within borders and regions is by far the most significant form
of migration for poor people both in terms of volume of movement
and potential impact on poverty reduction.
2. Given the heightened vulnerability of female
migrants to trafficking and exploitation, it is essential that
policy is not based on the assumption that migrants are male.
Policy makers must pay careful attention to the experiences and
concerns of female migrants to ensure that their migration is
beneficial. (Paragraph 16)
The Government agrees, and does not assume that migrants
will be male. The opportunities open to migrants from various
employment schemes apply equally to men and women. We have taken
steps to protect those vulnerable to exploitation by traffickers,
through a combination of tough enforcement action, prevention,
cooperation to tackle the problem at source and support for the
victims of this abhorrent trade. DFID is supporting the production
of a briefing pack on Gender and Migration to help raise awareness
of the importance of a gender differentiated understanding of
migration for policy makers and practitioners
3. Understanding migration as part of the range
of poor people's livelihood options has important implications
for policy. Migration and migrants should not be seen as problems
to be dealt with. Migration presents both challenges and opportunities.
Migrants are people trying to improve their lives and must be
treated accordingly. (Paragraph 21)
Migration has an important role to play in the livelihoods
of people, and to that extent migration can be viewed as the human
dimension of globalization (albeit less well analysed and studied
than other types of flows.) This was an important theme in the
report of the Commission on the Social Dimensions of Globalisation
earlier this year.
4. As the poorest do not migrate, or do not migrate
far, it cannot be assumed that policies which help migrants will
also help the poor. […] We must not lose sight of the main
question: what is the impact of migration on those left behind
in developing countries? A second implication which poses a dilemma
for those who would like migration management to reduce migration,
is that developed countries cannot expect to solve their immigration
problems by reducing poverty in developing countries. Indeed the
migration hump suggests that if we are successful in reducing
poverty, we should expect increased out-migration from developing
countries. But there may be aspects of development - democracy,
good governance, gender equality - which developed countries might
promote, and which might have the effect of reducing the push
factors that encourage migration, leading to a situation where
migration is an informed choice rather than a desperate option.
Improving governance is of the utmost importance; better governance
would make some migrants less desperate to leave, and - by encouraging
migrants to remit and perhaps to return - would also make that
migration which does take place more development-friendly. This
is primarily the responsibility of developing country governments.
(Paragraph 25)
We agree that decisions to migrate are influenced
by a wide variety of factors, not least the provision of effective
government in the country of origin.
5. Policy should not be designed on the basis
of hunches and anecdotes. If development policies are to be well-designed,
on the basis of a sound understanding of the causes and consequences
of migration and development, then the evidence-base urgently
needs improving. In particular, better data on internal migration
is needed. (Paragraph 34)
We acknowledge that there is a need to improve the
evidence base on the causes and consequences of migration. The
Home Office's programme of research and statistical work on immigration
aims to address certain aspects of these issues, while DFID has
been supporting a range of projects and activities regionally
that are contributing to evidence-based pro-poor policy reforms
for better management of migration to promote and protect the
rights of migrant women and men. The Government supports the need
for better data, including census and household survey data on
internal migration.
6. The International Organisation for Migration
(IOM) suggests that the Government produce a short annual report
on migration from developing countries. By providing information
about who is coming to the UK, where they come from, what they
do in the UK, to what extent they are remitting, and whether they
return to their countries of origin, and by outlining what the
Government is doing to make migration more development-friendly,
such as report could do much more to raise awareness about the
linkages between migration and development. We support this proposal
and recommend that the Government takes it up. (Paragraph 35)
At present the UK does not have the data to support
the Committee's recommendation. It will be considered as part
of the forthcoming review (by National Statistics) of the "Control
of Immigration Statistics Command Paper". It will be necessary
to avoid duplication of work that another report into migration
would bring. The control of immigration statistics annual report,
reports on all categories of entry into the UK with characteristics
of migrants where available. Eurostat, the Council of Europe,
OECD and United Nations also produce regular reports on international
migration.
7. It is unfair, inefficient and incoherent for
developed countries to provide aid to help developing countries
to make progress towards the Millennium Development Goals on health
and education, whilst helping themselves to the nurses, doctors
and teachers who have been trained in, and at the expense of,
developing countries. (Paragraph 39)
The Government agrees that vacancy rates in the healthcare
systems of some developing countries, especially in Africa, is
reaching levels which pose a real risk towards progress in meeting
the Millennium Development Goals in health. International migration
of healthcare workers is one factor at work; yet the human resources
crisis is about more than migration. Other factors include health
workers leaving the sector due to poor pay and working conditions,
difficulties in deploying staff to rural areas, political instability
and repression and so on. Fundamentally, the underlying problem
is underinvestment in health systems and delivery services, exacerbated
in some countries by the effects of the HIV epidemic. A broad
range of both short- and longer-term solutions is needed to tackle
this multidimensional set of issues.
8. As regards the regulation of the recruitment
of healthcare professionals by the UK, several issues need clarifying.
How effective has the NHS Code of Practice been? What will the
Government do to enforce the Code of Practice or to encourage
NHS employers to adhere to it? Where does passive recruitment
end, and active recruitment begin? Why is there not a Code of
Practice for Northern Ireland, Scotland and Wales? And perhaps
most importantly, how significant a loophole is the fact that
the Code does not apply to the private sector; specifically, how
many health-workers from developing countries are employed in
the private and public sectors, and how many of those employed
in the public sector were initially recruited for the private
sector? (Paragraph 44)
It is important to recognize that the UK was the
first country to produce guidance for international recruitment
of healthcare workers based on ethical principles, and to implement
policies that explicitly prevent the targeting of developing countries
for active recruitment. The Government maintains a list of recruitment
agencies compliant with Code of Practice which was published in
2001, and monitored compliance through information supplied by
statutory health authorities. The Code of Practice has been brought
to the attention of devolved health authorities, which are considering
how best the principles can be adopted. Experience gained with
implementation of the Code of Practice has fed into the review
which has just been completed (see recommendation 9 below.)
9. We were pleased to read about the Government's
plans to tighten up the Code of Practice, and look forward to
seeing the detail of these proposals. They must be effective,
and their effectiveness must be proven. James Buchan reported
to us that the NHS cannot say how many nurses from developing
countries it employs. He described this as "unfortunate".
We need not be so restrained. Data should be collected on the
number of doctors and nurses born and trained in developing countries
who are employed by the NHS. This is a gaping hole in the evidence-base
for policies relating to migration and development. We also recommend
that UK-based employers be required to use only recruitment agencies
which are registered in the countries from which they are recruiting.
In this way developing country governments might have some leverage
over recruitment agencies, or at the very least have some opportunity
to plan for the impacts of recruitment. (Paragraph 45)
The Department of Health launched a review of the
Code of Practice in September 2004 and a revised and strengthened
Code of Practice will be published in December. Among the changes
are steps to close a loophole on the recruitment of temporary
and locum staff; widened scope to enable all healthcare providers,
including the private sector, to sign up to the principles of
the Code of Practice; NHS providers to be commended to use only
recruitment agencies that comply with the Code of Practice for
domestic as well as international recruitment; steps to prevent
third party recruitment via agencies in developing countries;
and a series of best practice benchmarks. NHS Employers will maintain
details of organisations which have agreed to comply with the
Code of Practice; and Monitor will commend Foundation Trusts to
observe the Code. Efforts to compile more detailed statistics
on the characteristics of the NHS workforce would have significant
operational and resource implications which would have to be fully
analysed.
10. The UK Government is a member of the Working
Group which has developed the Commonwealth's Draft Protocol on
the Recruitment of Teachers; we trust that this is a sign of its
commitment. The UK is not a signatory to Commonwealth's Code of
Practice for the International Recruitment of Health Workers.
By its support the UK could play an important role in improving
the multilateral regulation of recruitment. We invite the Government
to explain its position. (Paragraph 46)
The Government supported the development of a Commonwealth
Protocol on the Recruitment of Teachers and has endorsed the text
which was agreed in September 2004. The Government strongly supports
the principles underlying the Commonwealth Code of Practice on
the international recruitment of healthcare professionals, but
final version of the Code contained elements which the UK was
unable to support. The Government felt unable to commit to undertakings
which would not be within its control, such as action on all recruitment
agencies both in the UK and overseas. The text on compensation
was also unacceptable. Other Commonwealth countries had similar
concerns.
11. If the NHS is to depend on overseas workers,
then we recommend that the Government considers designing schemes
to train nurses in developing countries for temporary employment
for a specified number of years in the NHS, on the understanding
that they would then return to their home country. Such schemes
should be designed with the input of developing countries, migrants'
organisations and employers. The nurses would have an opportunity
to earn more and to acquire skills. The UK would receive a temporary
influx of staff for its health service. The developing country
would see an increase in its skills base. Such a scheme would
need careful design, not least to ensure that migrants did return
to their home countries. But the potential development benefits,
and the fact that this would be a more cost-effective way of training
nurses, no matter where they ended up working, make it worthy
of serious consideration. The costs of training nurses should
not be borne by countries which do not benefit from their training.
(Paragraph 48)
The pattern of international recruitment of healthcare
professionals is constantly evolving with new models of recruitment
emerging to meet demands. In some developing countries, training
courses are being adapted to particular niches in the global market
for healthcare workers; and the Department of Health is equally
active in considering tailor-made schemes which will work to the
mutual advantage of the NHS and service providers overseas. The
Memorandum of Understanding which was agreed with South Africa
in 2003 is one example. This focuses on creating opportunities
for healthcare professional from both countries to undertake time-limited
placements that will give opportunities for the exchange of knowledge
and skills and also help develop collaborative approaches to health.
12. We acknowledge that "just training yet
more nurses" as Hilary Benn put it, will not in itself reduce
the brain-drain, although it may help to address what appears
to be a global shortage of nurses. However, in combination with
efforts to address the push factors, such an approach has considerable
potential to make migration work better - more fairly, and more
cost-effectively - for development and poverty reduction. (Paragraph
49)
DFID has provided £560 million over the last
five years to support health services development in Africa alone,
including the training of nurses and doctors. A strong focus of
this assistance has been workforce capacity development. For example,
DFID is supporting Malawi's efforts to develop an emergency human
resource programme which aims to almost double the number of nurses
and triple the number of doctors in Malawi over the next six years.
13. One way of reducing illegal migration might
be to open up more transparent and efficient channels for legal
migration. Indeed, this is what the UK has been doing in recent
years, through measures such as reform of the seasonal agricultural
workers scheme and the introduction of sector-based short term
work schemes for hospitality and food manufacturing workers. Migration,
especially legal migration, can be of benefit to the UK, migrants
and their home countries. But whilst opening up channels for legal
migration may undercut traffickers and smugglers, it will not
satisfy the latent demand for migration. Migration still needs
to be managed, and illegal migration tackled. (Paragraph 52)
The UK Government agrees with the Committee's conclusion.
We are pursuing a balanced immigration policy: welcoming legal
migrants and encouraging the integration of those who settle here,
whilst tackling vigorously abuse of the UK's immigration and asylum
procedures.
Policies on legal migration need to be designed in
a way that prevent illegal immigration (assuming migration in
the particular instance is good for the UK) but also do not risk
adding to the problem. They also have to be developed alongside
other policies to deal with the problems caused by illegal immigration
- including exploitation of the workers themselves.
14. The UK Government and governments of other
developed countries, need to address the issue of sex tourism
which fuels the exploitation of women and child in south-east
Asia particularly, and ensure that existing legislation protecting
the rights of migrant workers is vigorously enforced. (Paragraph
53)
The UK Government is committed to eradicating the
sexual exploitation of children, including where British citizens
go abroad to abuse children. The Government has put in place comprehensive
legislation to deal with this problem:
- Section 72 of the Sexual Offences
Act 2003 enables courts in England, Wales and Northern Ireland
to deal with British citizens or residents who commit sexual offences
against children abroad. Similar provisions apply in Scotland.
- The Criminal Justice (Terrorism and Conspiracy)
Act 1998 makes it an offence for a person to conspire to commit
an offence outside the UK (including sexual offences against children)
and the Sexual Offences (Conspiracy and Incitement) Act 1996 makes
it an offence to incite or commit certain sexual acts outside
the UK.
Accompanying the Sexual Offences Act 2003, the Government
has made regulations which reduce the period that registered sex
offenders can spend abroad before they have to notify the police,
from 8 to 3 days. The police can, and do, pass this information
to other jurisdictions when they believe that it will prevent
the offender from committing an offence overseas.
The Sexual Offences Act 2003 introduces two new civil
preventative orders aimed at protecting vulnerable children abroad
from UK sex offenders and British children from offenders convicted
overseas. First, the foreign travel order is targeted specifically
against paedophile sex tourists - those who travel overseas to
abuse young children. It is intended to prevent those with a conviction
for a sexual offence against a child under 16 from travelling
abroad when there is evidence that they may cause serious sexual
harm to children. This order has considerable support amongst
non-governmental organisations (NGOs) who actively oppose the
child sex industry.
Second, the notification order enables the courts
to make offenders who have received convictions and cautions for
sexual offences overseas (whether they are British citizens or
foreign nationals) subject to the notification requirements (the
sex offenders' register) of Part 2 of the Sexual Offences Act
2003 if they come to the UK.
Clearly legislation can only help to tackle part
of the problem. We are also working with other governments, law
enforcement agencies and NGOs to tackle this problem head on wherever
it occurs. The Foreign and Commonwealth Office and Department
for International Development supports projects in many parts
of the world aimed at combating those who commit offences against
children.
The Government is determined to tackle the exploitation
of illegal migrant workers in the UK. The UK Immigration Service
has increased enforcement activity against illegal working, and
the Government is looking at ways to improve cross-departmental
co-operation, including with the police and local authorities,
in enforcing workplace regulations. The new joint Workplace Enforcement
Pilot was announced on 10 November 2004.
15. Governments, including the UK Government,
need to ensure that they do not, in their enthusiasm to control
migration - prevent refugees from gaining asylum. And if public
confidence in a government's ability to control migration is to
be maintained, asylum claims need to be processed fairly and quickly.
If this is not achieved, public support for economic migration
will disappear, and with it potential development gains. (Paragraph
56)
The UK Government is committed to upholding its obligations
under the 1951 UN Convention relating to the Status of Refugees
and will consider all applications for asylum made in the UK.
Each claim will continue to be assessed on its individual merits.
We do not believe that the measures we have introduced
to reform the asylum and immigration system, including tighter
border controls, prevent refugees from obtaining protection. It
is appropriate for asylum seekers to claim in the first safe country
they reach. In addition, we are working with EU partners to promote
protection of refugees in their region of origin, so that they
are not forced to put themselves at the mercy of people smugglers
and traffickers in order to seek protection in Europe. We have
also recently initiated the Gateway protection programme, designed
to allow recognised refugees, from West Africa in the first instance,
to begin new lives in the UK. This, together with other resettlement
schemes in which the UK participates, provides a legal channel
for entry for genuine refugees.
The Government agrees with the Committee's view that
asylum claims must be processed fairly and quickly if public confidence
in the Government's ability to control migration is to be maintained.
For this reason, we have invested considerable time and effort
into improving the efficiency and quality of the asylum system.
Over 80% of asylum applications are now decided within two months.
Furthermore the number of cases awaiting a decision has fallen
by 58% in the last year alone, with the number of undecided cases
now standing at the lowest level for a decade.
We have also acted to speed up the appeals process.
The Asylum and Immigration (Treatment of Claimants etc) Act 2004
contains measures to streamline the appellate structure and reduce
the opportunity for delay for those playing the system. The new
single tier appeal (the Asylum and Immigration Tribunal) will
be put in place from April 2005. It will be fully compatible with
our Human Rights obligations and in particular the ECHR obligation
to provide a right to an effective remedy. The new appeals process
will be fast, fair and effective, while increasing speed and reducing
abuse.
16. A reader of the British press might assume
that the UK is in the front-line of dealing with refugees. Such
a view is incorrect and should not be allowed to mis-inform debates
about migration. (Paragraph 59)
The UK Government agrees that asylum applicants and
refugees are often misrepresented. It is clear that, within the
European Union, the UK has until recently received a disproportionately
high share of asylum applications. Most applicants had no protection
needs. We have taken steps to address this situation by legislating
in 2002 and 2004 to reform the asylum system in the UK and by
working closely with EU Member States. It is also clear that most
of the world's refugees are hosted by under-resourced countries
and there needs to be better managed and more equitable asylum,
protection and migration processes globally.
For this reason, we are increasing our focus on assisting
countries in regions of origin that host asylum applicants and
refugees. In June 2004, the Commission issued a communication
on "managed entry in the EU of persons in need of international
protection and the enhancement of EU regional protection programmes
in the regions of origin". This proposes the development
of EU regional protection programmes (RPPs) in the regions of
origin to address protracted refugee situations. The proposals
are intended to be flexible and can include action to enhance
protection capacity, the introduction of registration schemes,
action on migration management, voluntary return, assistance to
improve local infrastructure and resettlement and help to integrate
persons in need of international protection in a third country.
The RPP approach will be developed in close partnership with third
countries and in close co-operation with UNHCR, seeking in particular
to dovetail with its Convention Plus Initiative and ensuring coherence
with its Agenda for Protection.
In addition, we are seeking to develop migration
partnerships with countries in the regions of origin of major
asylum generating countries. The aim of the partnership is to
address a range of migration issues including the handling of
their asylum and refugee caseload.
17. It is essential that the UK contributes its
fair share to international humanitarian assistance. There is
also a need for both donors and developing countries - including
government at national and local levels - to take into account
the needs of refugees, and the implications for policy, in Poverty
Reduction Strategy Papers. (Paragraph 60)
When the 2005 round of consolidated appeals for humanitarian
assistance was launched in November 2004, the UN noted that the
UK is an important partner as the third largest donor for humanitarian
assistance after the United States and the European Community.
The UK has provided more than £60 million in response to
the crisis in Darfur, Sudan, making the UK the second largest
bilateral donor. We will be committing a further £100 million
next year for humanitarian and development assistance for Sudan
provided there is early signature of a comprehensive peace agreement
and the Sudanese authorities live up to their commitments on Darfur.
We agree that the needs of forced migrants, especially those in
protracted refugee situations, should be taken into account more
explicitly in national planning processes, including poverty reduction
strategies; and support the steps taken by the UN High Commission
for Refugees (UNHCR) to address these issues more effectively
through its Convention Plus initiative.
18. Host countries need to ensure that migrants
living within their borders are able to live productive lives,
enjoy adequate access to services, welfare services, and have
their rights protected. We were pleased to hear that DFID is funding
innovative rural livelihoods programmes in India which, by including
support to migrants, are making a big difference to migrants'
lives. […] We applaud such creative efforts to improve the
lives of migrants, which will in turn help to make migration work
better for development and poverty reduction. We trust that mechanisms
will be put in place to ensure that policy-makers elsewhere can
learn from these projects. (Paragraph 62)
We will continue to look for innovative approaches
which support the livelihoods of migrants and ensure that best
practice experience is shared and disseminated.
19. We invite the Government to outline what it
does to help migrants' integration in the UK, and to consider
Oxfam's recommendation of a comprehensive support and education
system. Similarly, where appropriate, the Government should encourage
and help its developing country partners to establish similar
schemes. (Paragraph 64)
The Committee's recommendation is entirely consistent
with the Government's approach to helping migrants to integrate.
The overall aim of programmes that we are currently developing
is to help new migrants to learn English, to develop a practical
knowledge of life in the UK and an understanding of our democratic
traditions, and to support them in finding and sustaining employment.
It is accepted that real benefits can accrue from providing language
programmes to new migrants at an early stage.
"Language and Citizenship" ESOL courses
are being piloted in all Learning and Skills Council areas. Piloting
should be completed by Spring 2005. The programmes are faithful
to the concepts outlined in the final report of the Life in the
UK Advisory Board: "The New and the Old", and have been
developed by NIACE and their partners, London Language and Literacy
Unit. Teachers delivering these courses will be given detailed
guidance, including suggested lesson plans and learning support
materials.
There are special arrangements for refugees. In June,
the Home Office published as a consultation document a new refugee
integration strategy: "Integration Matters". This outlined
plans for caseworkers to help refugees to develop a personal integration
plans that would cover entry to employment, using pathways that
are appropriate to their needs and skills. There will be help
with the housing problems that some refugees face, particularly
when moving from Government-funded accommodation. There will also
be help with access to public services and English language tuition
if this is needed. They will be offered the support of a mentor
for up to one year.
20. Oxfam have told us that Home Office research
disproves the idea that giving asylum seekers the right to work
would increase the attractiveness of the UK to potential refugees
and asylum seekers. We would welcome clarification of the Government's
views. (Paragraph 65)
The UK Government is committed to maintaining a clear
separation between the asylum system, which should be reserved
for those with a well-founded fear of persecution, and the selective
admissions system for addressing skills and labour shortages in
the UK economy. We remain of the view that to permit asylum applicants
to take employment as a matter of course whilst their claims are
considered risks encouraging misuse of our asylum system and irregular
migration. The Home Office research referred to by Oxfam, which
related to the decision-making of asylum seekers, cannot be regarded
as representing the views or decisions made by all actual or potential
asylum applicants. The survey involved interviewing 65 people.
The research did not investigate the decision-making of people
who were deterred from travelling to the UK.
21. Governments should do their utmost to protect
migrants' rights - through legislation and its enforcement, and
through the provision of information - to ensure that they are
not subject to exploitation by employers, gangmasters and employment
agencies. We welcome the swift progress of the Gangmasters (Licensing)
Bill through Parliament; once the Bill becomes law it will be
an important step in preventing the exploitation of workers, including
migrant workers, by gangmasters. (Paragraph 65)
The UK Government is keen to ensure that migrant
workers coming to the United Kingdom are aware of their employment
rights and responsibilities. We have therefore been working with
some of the new EU Member States to produce employment rights
information for their nationals in the form of bilingual leaflets.
Called "Working in the United Kingdom - Know your rights
and how to get help and advice", the leaflets were launched
simultaneously in the UK and in Poland and Lithuania in June this
year. The Home Office has assisted the TUC to make available in
relevant languages information explaining the rights of accession
state nationals living and working in the UK.
The Government agrees with the Committee that the
Gangmaster (Licensing) Act 2004 is an important step in preventing
the exploitation of workers, including migrant workers, and is
currently engaged in an extensive programme of work to implement
the legislation. The Government supported the measure throughout
its Parliamentary passage.
22. We invite the Government to explain why it
has not ratified the UN Convention and to provide us with the
evidence to support the assumption that there is a trade-off between
migrants' rights and immigration control. We would also like to
know how the Government came to the conclusion that it had struck
the right balance; that is, how was the value of migrants' rights
and the value of immigration control assessed? (Paragraph 68)
The rights of migrant workers are already protected
in UK legislation and the UK's existing commitments under international
law, including the Human Rights Act 1998. Incorporating the full
terms of the UN Convention into UK law would mean fundamental
changes to legislation, including the Immigration Rules, and would
undermine the UK's system of frontier controls as well as having
major cost implications for the Government and local authorities.
We` believe that the UK has struck the right balance between the
need for immigration control and controlled access to public funds
and services on the one hand and the protection of the interests
and rights of migrant workers and their families on the other.
For example, at present a work permit holder seeking
to enter the UK must not intend to take employment other than
as specified on their work permit. If the individual remains in
the UK in work permit employment (or in other employment or self
employment categories) for four years, they are eligible to apply
for settlement. Those settled in the UK are entitled to claim
benefits and access to social housing and public funds in the
same way as a British citizen (although state school education
and treatment under the NHS are not considered public funds for
the purposes of the Immigration Rules and so migrant workers can
access these before they are settled). If the UK were to ratify
the Convention, we would not be able to restrict the employment
that work permit holders can do to that specified on their permit
and they would have access to public funds from the date that
they entered the UK. Although the UK would retain the right to
refuse entry, this would be particularly problematic after entry
as the Convention requires that a migrant stays for the length
of their latest permission to stay, regardless of whether they
subsequently become unemployed. The UN Convention would therefore
allow migrant workers to circumvent current immigration controls
and remain in the UK even when they are not fulfilling the conditions
on which they were granted entry to the UK (pursuing the specified
employment).
Giving all migrant workers access to public funds
from the date of entry would therefore not only be costly, but
also create an unnecessary "pull factor". This would
be the case if all migrant-receiving countries were to ratify
the Convention, even if the available public funds were equivalent
in all migrant-producing and migrant-receiving countries. As above,
the Convention would also allow migrant workers to remain in the
UK and claim benefits for the duration of their period of stay,
even when they are unemployed for some or all of this period.
In itself, it would create an unnecessary "pull factor".
23. If there were a multilateral commitment on
the part of all migrant-receiving countries to ratify the Convention,
and to protect migrants' rights accordingly, then no one country
would risk being seen as a soft-touch as a result of its ratification.
(Paragraph 69)
The UK Government is of the view that, unfortunately,
the problems explained in relation to recommendation 22, would
not be resolved through ratification of the Convention by all
migrant-receiving countries.
24. There are temporary migration schemes that
work, and schemes that do not work. What is not in doubt is that
there is a demand for workers in developed countries such as the
UK, and demand for employment from people in developing countries.
There is a need to examine the evidence to learn the lessons and
to understand what can be done to make temporary migration and
assisted voluntary schemes work and deliver development benefits.
The UK Government, working with the IOM and other international
organisations, should ensure that this challenge is taken up.
(Paragraph 74)
The Government notes the observation, at paragraph
73 of the report, that some have concluded "that temporary
migration inevitably becomes permanent". We do not accept
this to be the case. The vast majority of applicants who come
to the UK on a temporary basis do in fact leave the UK at the
end of their approved stay. Applicants on schemes such as the
Sectors-Based Scheme (SBS), training and work experience scheme
(TWES) and Seasonal Agricultural Workers Scheme (SAWS) are not
able to switch into other employment categories without first
leaving the UK. Only in tightly defined circumstances are graduated
students and working holiday makers able to switch into other
employment categories without first leaving the UK.
The Government has recently announced that it will
be looking to control access to SAWS through the imposition of
country specific quotas. These will be based upon the existence
of a successful returns procedure that ensures co-operation with
the return of citizens found to have overstayed their visas and
remained in the UK illegally.
The Government recognises the importance of effective
voluntary return schemes in assisting returning migrants to reintegrate
in their country of origin. The UK's Voluntary Assisted Return
and Reintegration Programme (VARRP) provides reintegration assistance
through the International Organisation for Migration (IOM) to
help former asylum seekers settle back into their countries of
origin.
The assistance will vary according to the country
conditions and individual needs, but can include education, training,
assistance finding employment, or help returnees to become self
sufficient and can thereby deliver development benefits. VARRP,
which is part-funded by the European Refugee Fund, is evaluated
by independent researchers each year in order to identify the
lessons learned and to help improve the scheme.
25. DFID, and through DFID, other development
stakeholders - including migrants' organisations and labour ministries
in key migrant-sending countries - should be consulted when the
UK Government is designing and revising temporary migration schemes.
If countries with a Department or Ministry concerned with the
welfare of their overseas workers were given priority in such
consultations, developing country governments might be encouraged
to do more to protect their overseas workers. The input of development
stakeholders would make the schemes work better for the UK and
deliver more benefits to developing countries. On 27 April 2004,
the Prime Minister announced a wholesale review of the UK's immigration
schemes; DFID must be fully involved in this review so that development
objectives are fully considered. (Paragraph 70)
DFID is represented on a cross-Whitehall Managed
Migration Group of officials, and is involved accordingly in the
top-to-bottom review of managed migration. Officials are in discussion
about ensuring that managed migration schemes are designed to
meet development objectives. A key factor is to ensure that migrant
workers from developing countries are enabled to improve their
skills in the UK, and to send remittances home, but also to return
to benefit their home communities.
26. Well regulated recruitment agencies - offering
transparent fee structures, involving migrant workers' associations,
and rigorously enforcing minimum wage and other health and safety
conditions in the workplace - could be given preferential access
to legal immigration routes into the UK, providing an incentive
for, and model of, good practice. (Paragraph 77)
With regard to the work permit scheme, Work Permits
UK operates a policy of issuing work permits only to the employer,
and not to those third parties who recruit workers solely to hire
them out to other third parties (although this does not preclude
recruitment agencies from involvement in the recruitment process).
This policy ensures that the terms and conditions of employment
for a specified post can be checked before a work permit is issued.
In the case of agricultural workers, the SAWS arrangements
are implemented through Home Office-approved operators who are
responsible for the recruitment and placement of participants
and are regulated through contractual arrangements to ensure that
terms and conditions of employment are consistent with UK legislation.
This approach is appropriate given the particular circumstances
of this sector, that is, the need to manage the movement of workers
coming for temporary, often seasonal work.
However, the recommendation to give regulated agencies
preferential access to legal migration routes for other sectors
would need to be carefully assessed, particularly if it placed
at a disadvantage, those employers who currently recruit without
recourse to the services of agencies. It should be noted that
new legislation (the Gangmaster Act) has recently been introduced
to regulate agencies operating in the agriculture sector.
Those seeking admission to the UK for the purpose
of domestic work are admitted only on the basis that they are
accompanying their overseas employer to the UK. Regulation of
their recruitment is not therefore at issue.
27. Temporary migration can enable migrants to
learn new skills, and in many cases it can play a useful role
in exposing migrants - as well as host societies - to new ideas
and ways of doing things, some of which may be usefully continued
or adopted after the migrant's return. The experience of VSO volunteers
and their "volunteer journeys" may hold important lessons
for efforts to improve the skills acquisition element of temporary
migration. (Paragraph 79)
We agree that experiences of such agencies as VSO,
which have developed a professional development support system
both at source and destination, may well offer insights into the
development of workable temporary migration schemes.
28. Migrants could be encouraged to return home
by reimbursing them with a portion of their unused National Insurance
contributions once they had left the UK. Given that migrants who
leave will not be making a claim on their contributions, we consider
that there is some sense of fairness in this suggestion. (Paragraph
80)
The Government agrees that financial incentives may
have a role to play in encouraging migrants to return to their
country of origin at the end of a temporary period working in
a host country; but does not consider the specific suggestion
in relation to National Insurance contributions to be feasible.
The UK's National Insurance contributions system operates on a
pay-as-you-go basis with contributions being paid by all those
in work. The contributions help to fund current expenditure on
the health service and contributory benefits for those who are
currently not working or have retired, irrespective of whether
the person who pays them will have paid enough contributions to
be entitled to benefits in the future.
29. The Government should consider seriously the
idea of involving employment agencies in making temporary migration
schemes work, as well as the proposal to reimburse National Insurance
contributions. It should also ensure that lessons are learnt and
disseminated from the experience of other countries such as Canada
and the USA with making their temporary migration schemes truly
temporary. (Paragraph 81)
The Government agrees that employment agencies are
potentially well-placed to help ensure that temporary migration
schemes operate effectively, and experience with such programmes
as the Seasonal Agricultural Workers Scheme (SAWS) have been positive.
The Government also aims to draw lessons from successful examples
of managed migration schemes operated by other countries such
as Canada, the United States and Australia, as well as the experiences
of labour-exporting developing countries, especially in South
and East Asia.
30. To ensure that returning migrants have something
to go back to, governments, with the support of donors, need to:
- be serious about welcoming
migrants back
- make progress with improving governance and
tackling corruption;
- ensure that pay structures and progression
within the civil service do not unfairly penalise migrants who
have worked elsewhere and may have acquired useful skills; and,
- help returning migrants to find suitable jobs,
or to set up their own businesses. (Paragraph 84.)
We agree that governments in sending countries need
to provide a welcoming and conducive environment to encourage
return migration and take measures to address constraints which
often impede the successful reintegration of migrants who return
home. Many developing countries are now taking proactive steps
to develop links with their diasporas and establish incentives
to encourage return.
31. We were pleased to hear that DFID and the
EU are supporting programmes including the IOM's Migration for
Development in Africa and pilot schemes in Ghana and Sierra Leone.
It is only through learning from experience that the best ways
of facilitating sustainable return can be discovered. (Paragraph
86)
Unfortunately, because of contractual difficulties,
the pilot programme in West Africa under IOM's Migration for Development
in Africa (MIDA) has not yet been launched; but we agree that
learning from experience is an effective way of finding what works
in facilitating sustainable return, and DFID is committed to exploring
innovative approaches in the future.
32. If developing countries are to benefit from
the sustainable return of their migrants, they need to pursue
policies - better governance, less bureaucracy, and economic growth
- which will make migrants want to return, and which will ensure
that those migrants who have returned have a sense that they,
and their country, are moving towards a brighter future. (Paragraph
87)
We agree that a sound home country environment with
good governance and economic growth is the best guarantee to ensure
the sustainable return of migrants.
33. The UK Government should explore the potential
development benefits which might be gained from more circular
migration, and - alongside its developing country partners - should
examine the different ways in which such circular migration might
be encouraged. The Government should also consider whether there
is scope - in sectors such as health where developing countries
would benefit a great deal - to help migrants to return home temporarily
by offering leave of absence from employment and other forms of
assistance. (Paragraph 89)
The Government is ready to consider ways in which
temporary migration schemes can operate more effectively (see
comment on recommendations 24-29 above.)
34. DFID reported that the UK's position on GATS
Mode 4 is widely viewed as being among the most progressive. The
Government should make the UK's policy stance on GATS Mode 4 clearer
and explain what the UK is doing to promote an agenda which will
be to the mutual benefit of the UK and developing countries. The
Government should also clarify its position on a simplified GATS
visa. (Paragraph 94)
The Government's approach on GATS and the WTO negotiations
on trade in services, together with its views on the role of trade
and investment in global poverty reduction, was set out in the
White Paper, 'Making Globalisation a Force for Good', published
in July 2004.
The number of applications received in the UK for
GATS is very small. This may be due to that fact that the UK's
business and commercial work permit arrangements provide sufficient
flexibility to accommodate most circumstances, they also provide
more favourable benefits than GATS and it may also be the case
that UK businesses may not be as aware of the GATS provision.
Under GATS the UK does not operate an economic needs test for
the majority of applications covered by GATS. The UK only requires
such a test to be applied in the case of engineering service,
integrated engineering services, advertising, management consulting
services, translation services, site investigation services and
technical testing and analysis services.
35. As is the case with trade liberalisation more
widely, developing countries could secure benefits from liberalising
south-south migration, perhaps through the establishment of regional
passports, and by making it easier for skilled people from the
north to offer their services in developing countries. There is
a pool of people in countries such as the UK who are keen to employ
their skills in developing countries; developing countries should
take advantage of this. As regards south-south migration, we were
interested to hear that the European Commission is working with
the African Union on migration management in Africa. We would
welcome further information about this. (Paragraph 94)
We agree that through a number of regional integration
movements, developing countries are beginning to explore the potential
of freer movement of workers within their respective region. In
June 2003, the African Union adopted a 'Strategic framework for
a policy on migration in Africa' which is currently under preparation
following an Expert Group meeting in March 2004. The IOM has worked
closely with the African Union on this framework; and the EU has
indicated that it is also ready to support development of this
policy.
36. We seek assurances that the Government is
pursuing a joined-up approach to its policy on Somaliland. The
Foreign and Commonwealth Office should clarify its position on
the issue of recognition, particularly if Somaliland continues
to govern itself in a responsible and democratic way, while the
other parts of Somalia continue as a failed state. We would welcome
a response from the Government on the measures it has taken to
assist the successful resettlement of those who have been repatriated.
(Paragraph 98)
We can assure the Committee that the Government is
pursuing a joined-up approach in its policy towards Somaliland.
On the question of recognition, the Committee will
know that the international community has been working actively
to support the creation of a Transitional Federal Government for
Somalia and to help that Government to become established in Mogadishu.
We believe that this will be the best way of achieving the objectives
of bringing peace and democracy to the Somali people and creating
the conditions to meet their humanitarian and development needs.
The British Government does not recognise Somaliland as an independent
state. Nor does the rest of the international community. The
UK has signed up to a common EU position and to a UN Security
Council Presidential Statement, which refer to respect for the
territorial integrity and unity of Somalia. We believe that
breaking up the country would undermine international efforts
to bring about reconciliation and a return to stability in the
south. Nevertheless, the UK is aware of the position of the Somaliland
Government and of opinion within Somaliland. We hope that Somaliland
will engage in early dialogue with the new Transitional Federal
Authorities, which have been created by the current reconciliation
process, and that a mutually acceptable solution on the future
relationship between Somaliland and the rest of Somalia can be
agreed.
On measures to assist the successful reintegration
of those who have been repatriated, DFID recently provided £400,000
to support the UNHCR's on-going efforts to promote voluntary repatriation
of Somalis, many of whom return to Somaliland. This project includes
work to support the reintegration of returnees into the community.
The Government is also co-financing, along with the European Commission
and other European partner countries, a UNHCR-led project which
aims to develop a Comprehensive Plan of Action for Somali refugees
and asylum seekers. Working in co-operation with other initiatives,
this project also aims to improve access to durable solutions
for Somalis in the region of origin, including providing assistance
to those who wish to return. Voluntary returns are very much preferable
to enforced removals, and Somalis who decide to return are supported
in doing so, both while they are in the UK and on their arrival
in Somalia. This is provided via the Home Office's Voluntary
Assisted Returns and Reintegration Programme (VAARP). Through
VAARP, the International Organisation of Migration (IOM) is funded
to provide support for those considering return, payment for travel,
and in-country reintegration assistance such as training, as required.
Such assistance is not as a rule provided for enforced returnees
in order to not incentivise the enforced route, however with regard
to Somalia, a small cash grant is made to each individual to support
their immediate needs.
37. We recognise the difficulty of gathering reliable
data on unofficial remittances, and applaud the Government for
its efforts to gather information about remittance outflows from
the UK. The Government should encourage other European governments
to do the same. In the absence of such information, evidence-based
policy on remittances and on migration will remain an aspiration.
(Paragraph 103)
The Government is encouraging other governments and
also international financial institutions to improve the quality
of remittances data, through its co-chair role (with the World
Bank) of the Inter-Agency Remittances Task Force. This Task Force
emerged from the DFID-World Bank Remittances Conference of October
2003, and has 'improved data collection and coordination' as one
of its two principal themes. The Task Force includes the IMF,
World Bank, and others that are actively working to improve data
definitions, data standardisation and comparability, and data
availability.
The UK Office of National Statistics is a member
of the IMF Balance of Payments Statistical Committee, and is working
through that committee to improve remittances balance of payments
data and definitions.
ECFIN, the European Commission's Directorate General
of Social and Economic Affairs has compiled information from 15
member states on how national remittance statistics are produced
and what statistics are available on remittances in each country.
(The internal report produced as a result of this survey has not
yet been published).
38. Migrants and their families have long been
aware of the value of remittances. Greater awareness on the part
of governments and development agencies is welcome. But if the
potential of remittances is to be maximised, then more needs to
be done to understand remittances and their use, to increase the
flow of remittances and to make them work better for poverty reduction.
(Paragraph 106)
The Government has initiated a comprehensive strategy
to improve understanding of remittances flows and their use. A
survey of remittance products available to developing country
migrants in the UK has been initiated, with joint sponsorship
by the UK Banking Code Standards Board. DFID is assisting the
Inter-Agency Remittances Task Force to develop and refine remittance
household surveys, and will pilot those surveys in at least two
developing countries as well as in the UK. Household surveys
promise to provide a much better insight into policy-relevant
information such as remittance-sending behaviour and remittance
mechanisms used. DFID has commissioned two reports exploring the
impact of remittances on development.
39. The UK could encourage remittances through
the provision of guarantees to back the issue of bonds by developing
country governments, by the use of tax incentives such as treating
person-to-person remittances as charitable and therefore tax-
deductible donations. For their part, migrants' associations might
wish to investigate acquiring charitable status, or, a charitable
arm. As a charity, donations channelled through them would be
tax-deductible. (Paragraph 107)
The Government supports efforts aimed at facilitating
remittance flows and maximising their role in poverty reduction.
Remittances are private financial flows and recipients should
be free to choose how they spend or invest their funds. Bonds
are only one investment option and households may choose to spend
remittance inflows in other ways, including health, education
or housing. The Government does not see a role for the UK in
providing guarantees promoting a specific investment vehicle.
On the use of tax incentives, charity law does not
allow individuals to be classified as charities. Person-to-person
remittances cannot therefore be charitable, and tax relief is
inappropriate in these circumstances. Tax reliefs including Gift
Aid may be applicable to migrants' associations that are recognised
as charities by the Charity Commission. The Government believes
that a decision by migrants' associations to seek charitable status
is wholly a decision for them. The granting or not of such status
would be a matter for the Charity Commission.
40. As with temporary migration, so with remittances;
there will be schemes which work for poverty reduction and schemes
which do not. Along with other development agencies such as the
World Bank, DFID needs to ensure that lessons are learnt and best
practice is disseminated widely. DFID should also help its partner
governments in developing countries to assess whether and how
they might encourage their migrant workers to remit. The DFID-World
Bank International Conference on Migrant Remittances provided
an excellent start, bringing together as it did a wide range of
stakeholders. Such activity needs to be taken forward. (Paragraph
108)
Remittances are primarily person-to-person transfers,
sent through private sector (or personal, e.g. cash taken in person
or sent with a friend) mechanisms. The primary focus for the Government
in promoting remittance volumes and their impact on poverty reduction
is therefore on person-to-person transfers through private mechanisms.
The Government is working to promote lesson-learning
and dissemination of good practice in remittance policies and
initiatives through the Inter-Agency Remittances Task Force, which
includes over 12 international and government agencies. The Government
also initiated the formation of a UK Remittances Working Group
in June 2004, which has broad representation from the private
sector (banks, money transfer companies etc) and public sector
(including the FSA, DFID, UK Treasury, Customs and Excise), and
which includes information-sharing as one of its priorities.
The Government has offered assistance to partner
governments in Bangladesh and Nigeria in their efforts to remove
barriers to remittance flows, as part of the Remittance Country
Partnerships the UK has committed to through the G8 process (and
may also extend this offer to Ghana). This assistance will include
an assessment of where there are barriers to increased remittance
flows, and how access for poor and rural remittance senders and
receivers can be improved.
41. If transactions costs are to be reduced, then
the market for remittance services needs to work better so that
service providers compete harder, to offer better and cheaper
services, to more informed customers. (Paragraph 109)
The Government has initiated an active dialogue with
the private sector through the UK Remittances Working Group, which
has set its priorities as improving regulation, remittance product
design, and information-sharing.
As referred to in the response to recommendation
38, DFID has commissioned a survey of remittance products available
to migrants in the UK, in partnership with the Banking Code Standards
Board. This survey will be disseminated widely in order to provide
more information and transparency on the market for remittance
services in the UK, and should provide an incentive for the introduction
of better, cheaper services.
The Remittance Country Partnerships with Nigeria
and Bangladesh (see response to recommendation 40) will also work
to improve markets for remittance services.
42. The UK Government, NGOs and the private sector
can all play their part in driving down the costs of remittances.
Competition will help, but the Government needs to encourage this
process by raising awareness about remittances, disseminating
good practice and ensuring that the market is transparent and
well-regulated. Banks should not be allowed to crowd out their
competitors by excluding them from access to banking services.
In order to prevent the voice and interests of powerful players
dominating, we recommend that the Government support the establishment
of an Association of Independent Money Transfer Companies. We
also recommend that the Government consider the merits of a code
of practice to regulate banks' relationships with independent
transfer companies. Further, the Government might encourage an
NGO or consumers' organisation to compile a price-comparison table
- "Which remitter?" - showing the costs of transferring
remittances to a range of developing countries through different
firms. (Paragraph 112)
The Government fully supports a competitive market
for the provision of money transfer companies. Competition promotes
flexible markets and increases business efficiency and consumer
choice, and the Government has worked to ensure the UK competition
regime ranks among the best in the world.
The Government believes that the requirements of
any legislation regulating remittance services must be proportionate
to the risks involved. While an appropriate and consistent regulatory
regime can help to foster market confidence and provide protection
for consumers, over-regulation stifles competition and innovation,
leading to inefficient markets that do not serve consumers well.
The UK remittances product survey should contribute
positively to improved price awareness and better-informed consumers.
This will be complemented by the work of the Inter-Agency Remittances
Task Force (see recommendation 38.) The Government feels that
the establishment of an Association of Independent Money Transfer
Companies is primarily a commercial decision for such companies.
The Government is working to remove any anti-competitive
barriers to entry to the market for provision of remittance services.
For example, the Office of Fair Trading is currently investigating
access to payment systems as part of the Payment Systems Task
Force, set up as part of its enhanced supervisory role in this
area granted by the government in December 2003.
The Government feels that the relationship between
banks and Money Transfer Companies is a commercial matter between
the two parties and currently has no plans to introduce a code
of practice in this area.
43. Hawala and other informal funds transfer systems
play a key role in facilitating remittances. Governments need
to ensure that such systems are not abused by criminals, but should
also ensure that regulatory solutions are proportionate to the
risks and sensitive to the possible impacts on those who rely
on remittances. We are pleased that the UK Government - informed
by DFID's analysis - appreciates the need to strike a balance
between tackling the financing of terrorism, and ensuring the
free-flow of remittances. The UK Government was praised by our
witnesses for its light-touch approach to regulating the UK remittance
sector. It should persuade its EU partners to follow suit. (Paragraph
113)
The Government is working directly with developing
country regulators and financial institutions to implement most
effectively and appropriately the Financial Action Task Force
recommendations on anti-money laundering and counter-terrorist
financing. It is important that systems are effective at both
countering the financing of terrorism, and avoid causing a disproportionate
burden on the free flow of remittances.
The Directive to establish a New Legal Framework
for Payments in the Internal Market currently being worked up
by the European Commission is likely to propose a new regulatory
regime for payment service providers. The Government has engaged
with the Commission and other EU Member States to argue the case
for an approach that is proportionate to the risks involved in
providing payment services, including remittances, and which avoids
over-regulation. The Commission is expected to publish a legislative
proposal for the New Legal Framework early in 2005.
44. As part of its continuing dialogue with diaspora
organisations, DFID should learn from the diaspora's existing
practices, and explore: what enthusiasm there is for Government-involvement
in establishing voluntary schemes to channel remittances towards
poverty reduction; what ideas migrants have for the design of
such schemes; and, how best DFID might help. In addition, the
UK Government, along with the IOM or the World Bank, should ensure
that lessons are learnt from existing voluntary schemes and that
best practice is widely shared. (Paragraph 119)
The Government has an ongoing dialogue with organisations
representing the diaspora in the UK, and has a strategic grant
agreement with Connections for Development, an umbrella diaspora
and ethnic minority group. Examples of consultations held with
the diaspora include a Migration and Remittances workshop hosted
by DFID, and individual meetings with AFFORD and Africa Recruit.
The UK Remittance Products Survey will also undertake
qualitative research with migrants to better understand factors
affecting their decisions regarding remittance channels, and their
preferences for the design of remittance mechanisms.
45. The Government should encourage innovative
public-private-NGO partnerships that aim to make remittances work
better for poverty reduction, and do what it can to make them
a success. (Paragraph 120)
There is scope to support innovative public-private-NGO
partnerships through the Remittance Country Partnerships, if the
initial assessments currently being conducted in Nigeria and Bangladesh
indicate potential for these. An example of an innovative and
promising partnership might be between banks and microfinance
institutions, in countries such as Bangladesh where microfinance
institutions have wide outreach in rural areas. DFID's Challenge
Funds have proved effective in leveraging private sector investment
through public funds, and are being considered as a tool for inclusion
in the Country Partnerships.
Principal tasks for governments in sending and receiving
countries though are to remove any unnecessary policy or regulatory
barriers to remittances and promote transparency and competition
in the remittances market. A more positive climate for investment
in remittance-receiving countries would also stimulate the use
of remittances for investment purposes.
46. We were pleased to hear that there is a team
within DFID's policy division looking at financial sector reform
and banking systems, particularly in rural areas, and the linkages
with remittance issues, and look forward to seeing the fruits
of this team's work. (Paragraph 121)
The Government (DFID) has financial sector development
programmes in seven countries, with a range of policy and funding
measures to promote greater access for the poor to financial services.
The Business Linkages Challenge Fund and the Financial Deepening
Challenge Fund have provided grants to leverage larger investments
from private companies in developing country markets. Examples
relevant to remittances include a grant to Vodafone to pilot mobile
phone-based banking in East Africa, a grant to Teba Bank in South
Africa to assist with the introduction of debit cards for poor
clients, and support to a financial institution in Kenya to extend
mobile banking (including remittance services) to remote rural
communities.
Regulations can have an impact on access to remittances
and other financial services. DFID sponsored a study exploring
the impacts on financial inclusion from the implementation of
anti-money laundering legislation in South Africa, which provided
positive recommendations to more effectively implement such legislation
without harming access. A wider cross-country study is being discussed.
47. The best way of making remittances work for
poverty reduction is to ensure that there is an investment climate
and an infrastructure which enables their productive use. Key
factors include: stable exchange rates, low inflation, the absence
of excessive bureaucracy and corruption, reliable power supplies,
decent roads and other communications. (Paragraph 122)
The Government supports developing countries to improve
their investment climate and infrastructure, as this indeed underpins
any improvements in the relationship between remittances and poverty
reduction. DFID also actively supports the development of financial
sectors in developing countries that include the poor (as outlined
in the response to recommendation 46). Access to savings and
other financial services also enable remittance recipients to
more productively and beneficially use remittance monies.
48. Donors and the international community have
a role to play in helping to remove international and structural
obstacles to poor countries' development, and in supporting developing
countries to improve their infrastructures and to create good
business environments. The primary responsibility however lies
with developing countries themselves, or if the government itself
is an obstacle, with the political process. (Paragraph 123)
The Government has initiated the Remittance Country
Partnerships to support developing countries in doing so. More
widely, DFID's use of Poverty Reduction Budget Support directly
strengthens the capacity of developing country governments to
take responsibility for their own development.
49. In calculating the costs and benefits of migration,
and designing policies to make migration work better for poverty
reduction, governments should not focus solely on factors which
can be valued in monetary terms. Migration can lead to political,
social and cultural change in the countries of origin - and indeed
in host societies - as people become aware that other ways of
life and other ways of organising society and politics are possible.
(Paragraph 127)
The Government acknowledges the force of the statements
made in recommendation 49. It is true that the benefits of migration
can be measured in monetary terms: we estimate that in 1999/2000,
foreign-born migrants made a net fiscal contribution of £2.5
billion to the UK and paid 10% more in taxes than they received
in public services. But we need to ensure that our policies take
account of impacts on source countries such as not draining developing
countries of vital professional skills.
It is equally true that migration can change both
receiving societies and countries of origin. The Government sees
integration as a two-way street. Integration does not mean assimilation.
In welcoming the contributions which legal migrants make to the
UK, the UK-born population also needs to recognise the obligation
to support migrants and recognise the contributions that they
can bring. We are aiming to develop shared values, and a shared
sense of belonging, not the imposition of one set of values on
another. Expressing culture or faith identity does not make an
individual any less British or less European. On the contrary,
suppressing expressions of cultural and faith identity by minority
communities can in fact create the very opposite of integration
- by contributing to the alienation, segregation and exclusion
of individuals from those communities from the wider society.
50. Diasporas' views are valuable and may help
to deliver peace in their home countries, but it would be a mistake
to assume that communities in exile are better able than people
back home to represent their nations' interests. (Paragraph 128)
The Government agrees with the Committee's observation.
51. We welcome the Government's recognition of
the importance of working with Black and Minority Ethnic organisations,
and look forward to seeing more rapid progress in this area. The
Africa Foundation for Development called for DFID to report regularly
on its engagement with diaspora communities and particularly on
what DFID is learning from the dialogue; we support this suggestion.
(Paragraph 132)
DFID has taken steps to support and develop a diaspora
network which will facilitate engagement with development activities.
This was done under the framework of the Compact on relations
between Government and the voluntary and community sector (1998).
Under the terms of the Strategic Grant Agreement which DFID has
concluded with Connections for Development (a network of Black
and Minority Ethnic voluntary and community organizations which
aims to mobilise civil society on action for development) an annual
report on activities will be produced. As we develop engagement
with diaspora communities, we will consider how best to effectively
communicate the lessons emerging from the dialogue.
52. There are a range of ways in which the Government
and DFID might work more with the diaspora:
- DFID might usefully include
diaspora organisations more systematically in consultations on
draft Country Assistance Plans, and in consultations on policy
areas in relation to which migrants' organisations may have valuable
insights;
- DFID and other Departments including the Treasury
should explore with diaspora organisations the possibility of
developing schemes to enable migrants, if they so wish, to channel
remittances so that they have maximum impact on poverty;
- DFID and relevant Departments should examine,
alongside diaspora organisations, whether there are initiatives
they could take to encourage the temporary return of migrants
to their home countries;
- and, most simply, the Government should encourage
initiatives to create migrant associations, promote and publicise
their activities, and help them to work effectively. (Paragraph
133)
We take note of these helpful suggestions from the
Committee and will take them into account as we work with diaspora
groups in the context of DFID country assistance programmes. The
Home Office is also supporting activities to strengthen the Black
and Minority Ethnic voluntary and community sector through funding
of Black and Minority Ethnic capacity-building organizations.
53. Diaspora organisations must not be seen as
marginal players in international development; rather, the Government,
DFID and mainstream NGOs should work harder to involve them more
fully. (Paragraph 134)
We fully agree that we need to work harder to involve
diaspora groups in supporting development efforts and will be
exploring mechanisms to enable us to do this more effectively
especially in relation to country assistance programmes.
54. DFID should ensure that its partner governments
take account of migration as a development issue and are aware
of its potential to deliver benefits. Beyond this the UK should
help partner governments to consider their various options for
managing migration, helping them to design effective strategies,
and providing support so that they can implement these strategies.
This should include, but not be limited to, support for refugee-hosting
countries. (Paragraph 141)
We are seeking to develop migration partnerships
with countries in the regions of origin of asylum seekers, in
which we would seek to address a range of migration issues. Currently
we are looking at how we might assist partner countries to tackle
their control problems more effectively. In time, such assistance
could be widened.
55. PRSPs and Country Assistance Strategies should
not mention every single development issue, but for countries
where migration is important, DFID's Country Assistance Strategies
should outline what DFID will do to help developing countries:
to improve their data-gathering and information management capacities;
to identify specific ways in which the costs and risks of migration
might be minimised and the benefits maximised; and, to provide
a policy and governance environment conducive to making migration
development-friendly. (Paragraph 143)
We agree that migration issues ought to be factored
more explicitly into such planning processes as poverty reduction
strategies and supporting processes by development partners, and
DFID will seek opportunities to do this as appropriate in individual
country contexts.
56. We applaud DFID for the leading role it is
playing in moving migration up the international development agenda.
The Government should consider further what might be done at a
multilateral level to manage migration better, and particularly
to make it work better for poverty reduction. In addition we would
like to be kept informed as to the involvement of the UK Government
in the Global Commission on International Migration. This Commission
provides an excellent opportunity to promote a more positive and
development-friendly agenda on migration; the UK Government should
be an active participant. (Paragraph 150)
There have been a number of recent initiatives at
the international level aimed at improving the multilateral context
in which international migration is considered. In June 2004,
the International Labour Conference adopted an action plan to
provide a fair deal for migrant workers in the global economy,
which aims at the development of a non-binding framework. The
World Health Assembly in May adopted a resolution on the international
migration of healthcare workers which calls on the WHO to develop
an international Code of Practice on recruitment. The United Nations
is beginning preparations for a High Level Dialogue on international
migration and development in 2006. The World Bank has launched
a major research programme on international migration, and migration
will be the special theme of its annual Global Economic Prospects
report for 2006. In the context of these and other initiatives,
the Government is following with interest the work of the Global
Commission in International Migration which is scheduled to present
its report to the UN Secretary General in mid-2005. The UK is
a member of a 'core group' of countries which the Commission consults
periodically about emerging themes. The Commission is holding
a series of regional consultations, and DFID is supporting the
Africa consultation which will be held in Cape Town next February.
57. The Government needs to make clear how the
High Level Working Group on Asylum and Migration imagines that
aid and development strategies might be employed in the battle
to limit economic migration, and what its assessments concluded.
(Paragraph 160)
The phrase on assessing the 'effectiveness of aid
and development strategies in the battle to limit economic migration'
appears in a paper by Joanne van Selm about the EU's High Level
Working Group on Asylum and Migration. The terms of reference
adopted by the Council in January 1999, however, refer to the
need for action plans to consider "in the light of the possible
effectiveness of aid in preventing economic migration, the possibilities
for strengthening the common strategy for development between
the EC and (where they so wish) its Member States and the country
concerned…" In other words, the terms of reference touch
on the debate as to whether promoting development encourages or
discourages migration (in which context, the Committee's comments
about the 'migration hump' theory under recommendation 4 are relevant.)
We are not aware of any formal evaluation of the six action plans
which were drawn up in 1999, but a progress report for the Nice
European Council in 2000 did note some of the operational challenges
and the importance of genuine partnership with the countries concerned.
The High Level Working Group's terms of reference were revised
in June 2002.
58. It is sensible to support governments which
are moving in the right direction, improving governance and fighting
poverty, but it would be a mistake to make aid conditional on
measures which aim to limit out-ward migration. Withdrawing aid
to countries which fail to limit out-migration would simply plunge
them further into poverty; threatening such a withdrawal would
force developing countries to spend scarce resources on border
controls rather than poverty reduction, would undermine any notion
of partnership, and would simply succeed in pushing more migrants
into the arms of smugglers and traffickers. Development assistance
or the threat of its withdrawal must never be used as a tool for
migration management. We trust this remains the Government's position.
(Paragraph 162)
The Government considers that migration issues form
an integral part of the UK's overall relationship with a third
country. The Government expects co-operation on the return of
a country's own nationals and on the management of migratory flows.
The Government is prepared to work in partnership with a country
to assist with this. The International Development Act 2002 places
poverty reduction firmly at the centre of the UK's approach to
development.
59. The Presidency of the European Union in 2005
will provide the UK with an opportunity to promote a positive
agenda on migration which takes full account of its development
potential. We trust that the Government is preparing now to take
this opportunity. (Paragraph 163)
We agree. Two important issues will be a new Commission
Communication on Migration and Development, following on from
the Council conclusions adopted in May 2003; and preparations
for the launch of a pilot scheme to develop Regional Protection
Programmes aimed at strengthening protection for refugees in their
region of origin. Both will be high priorities for the UK's Presidency.
60. DFID has an important role to play in the
domestic context, helping the Government to examine the development
implications of its migration policies, and working hard to ensure
that development objectives are not marginalised Immigration from
developing countries has been increasing, in absolute terms and
in terms of its share of the whole. On this basis alone, DFID
must be fully involved in the formulation of policies on migration.
A clear statement of the objectives of UK development policy in
relation to migration will also be valuable; this is something
we expect to see from DFID by the end of 2004. (Paragraph 166)
DFID participates in cross-Whitehall discussions
on migration issues. DFID is preparing a policy statement on Migration
and Development, completion of which is now anticipated for the
first quarter of 2005.
61. We invite the Government to outline, in relation
to migration initially: the issue areas where Departments' objectives
and policies overlap; the nature of each of these overlaps; what
scope there is for increasing policy coherence in these areas
and finally, what mechanisms are in place, and how they are being
used, to achieve greater policy coherence for development. (Paragraph
167)
Migration policy is the result of many aspects of
government policy across several departments - DFID is no exception.
In the case of migration, the links between Home Office and other
Government Department policies are also highly relevant These
can include the DTI (policies on innovation, enterprise and productivity);
DfES (skills strategy to ensure employers have employees with
the skills they require; the provision of education services;
and encouraging overseas students to study at UK universities);
DEFRA (policies on the agricultural sector and rural communities);
DWP (role of migration alongside other labour market policies
e.g. welfare-to-work); FCO (maintaining links with other countries
to our mutual benefit).
We are further improving synergies between migration
and development policies and taking these forward at a national
and multilateral levels. The Government agrees with the committee
that there is considerable scope for policy coherence. Synergies
are evident and important in addressing the root causes of forced
migration, which may be connected to poverty, lack of employment,
governance, human rights or conflict issues, and also in the sustainable
reintegration of returning nationals.
A cross-departmental interest is present in relation
to such initiatives as the development of EU regional protection
programmes (RPPs) in the regions of origin of RPPs, further to
the EU Commission's communication on "managed entry in the
EU of persons in need of international protection and the enhancement
of EU regional protection programmes in the regions of origin"
of June 2004. The intention is to develop these in close consultation
with UNHCR and ensure coherence with Convention Plus and to incorporate
RPPs in to Country and Regional Strategy papers. Discussion of
this initiative continues to taken place in the EU's High Level
Working Group on Asylum and Migration - a cross-pillar group attended
by the Home Office, DFID and FCO. Work is expected to continue
into the UK's Presidency. The Government expects and will support
further engagement at EU level on migration and development policy
as part of the EU's external relations with third countries.
The Government is seeking to take a cross-departmental
approach to migration issues, which includes regular consultation
between and also ad hoc meetings of officials. In addition, at
regular intervals, ministers meet from the Home Office, Department
for International Development and the Foreign and Commonwealth
Office.
Department for International Development
6 December 2004
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