9 Development and migration
| (34949)
9886/13
COM(13) 292
| Commission Communication: Maximising the Development Impact of Migration — The EU contribution for the UN High Level Dialogue and next steps towards broadening the development-migration nexus
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| Legal base
Document originated
Deposited in Parliament
| —
21 May 2013
30 May 2013
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| Department | Home Office
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| Basis of consideration | EM of 13 June 2013
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| Previous Committee Report | None
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| Discussion in Council | Expected in July
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
9.1 In 2011, the Commission published two Communications which
sought, amongst other things, to highlight the connection between
migration and development. In its first Communication, Increasing
the impact of EU development policy: An Agenda for Change,
the Commission underlined the importance of a more comprehensive
approach to human development and said that the EU should "assist
developing countries in strengthening their policies, capacities
and activities in the area of migration and mobility, with a view
to maximising the development impact of increased regional and
global mobility of people."[30]
9.2 Its second Communication, The Global Approach
to Migration and Mobility, proposed a new framework for the
EU's external migration policy based on four thematic policy priorities:
- promoting better governance of migration in order
to facilitate orderly and managed legal migration;
- preventing and reducing illegal immigration and
human trafficking;
- supporting the implementation of international
protection standards for asylum seekers and refugees in third
(non-EU) countries; and
- ensuring that the migration and mobility of third
country nationals has a beneficial effect on development.
9.3 The Communication also highlighted two cross-cutting
priorities which seek to ensure that the Global Approach is migrant-centred
(so that migrants are aware of their rights, opportunities and
responsibilities) and ensures respect for the human rights of
migrants in source, transit and destination countries alike.
9.4 The Government expected the Global Approach
to "add value" to the UK's efforts, but cautioned that
the exhortation to speak with one (EU) voice on external migration
policy should not restrict the UK's ability to express its views
as distinct from those of EU partners, nor constrain it from working
bilaterally with third countries or pursuing independent dialogues
with them.[31]
9.5 Council Conclusions, agreed in May 2012,
underlined the need for the Global Approach to:
"become more strategic and more efficient, with
stronger links and alignments with other relevant EU policy areas,
in particular with the external relations of the EU, including
development cooperation."
9.6 The Council urged the Commission to:
"ensure a more ambitious and forward-looking
policy development on the migration and development nexus."[32]
The Commission Communication — Maximising
the Development Impact of Migration
9.7 The purpose of the Commission's latest Communication
is to establish the basis for a common position of the EU and
Member States at the forthcoming High Level Dialogue on International
Migration and Development organised by the United Nations General
Assembly which will take place in October 2013. The Commission
considers that the theme of the UN conference — enhancing
the benefits of international migration for development whilst
reducing any negative impacts — builds on the policy framework
set out in its earlier Communications and anticipates that the
High Level Dialogue will provide:
"a unique opportunity to work towards a global
agenda for effective, inclusive migration governance and identify
measures that promote the role of migrants as agents of innovation
and development."[33]
9.8 The High Level Dialogue will take the form
of roundtable discussions addressing four broad themes. The Communication
proposes a series of "key messages" which are intended
to inform the discussions and ensure "a more coherent, comprehensive
and better coordinated approach at global level" to migration
and development.[34]
The themes and key messages are summarised in the following paragraphs.
Roundtable 1 —
the impact of international migration on sustainable development
and preparation for the post-2015 development framework
9.9 The Commission suggests that the first roundtable
discussion should address the challenges and opportunities presented
by migration between low and middle income countries, adding:
"Of the estimated 214 million international
migrants in the world today, most (150 million) are citizens of
non-OECD countries. Most international migration occurs within
regions, mainly in the developing world. For example, it is estimated
that over 80% of all African migrants reside in other African
countries."[35]
9.10 It highlights the importance of mobility
(of business people, students, tourists, family members and workers)
as a form of economic, social and cultural exchange which can
strengthen the role of urban centres in developing countries and
promote their integration into regional and global markets. It
also underlines the challenges presented by forced migration,
with a large majority of the world's refugees living in developing
countries, and by climate change and environmental degradation,
and describes how migration and mobility can have a profound impact
— both positive and negative — on the economic, social
and environmental development of countries of origin and destination.
9.11 The Commission notes that a UN special event
in autumn 2013 will take stock of progress towards achieving the
Millennium Development Goals and suggests that the High Level
Dialogue should consider how migration and mobility — which
it describes as important drivers for inclusive and sustainable
growth — and more effective migration governance can be
included as part of the UN's post-2015 development agenda.[36]
9.12 The Commission proposes three "key
messages":
- clear recognition of migration and mobility as
"enabling factors" for development in the post-2015
development framework;
- greater emphasis on the economic and social impact
of migratory flows within and between developing countries; and
- more detailed consideration of the inter-linkages
between climate change, environmental degradation and migration
to and from developing countries.
Roundtable 2 —
ensuring respect for the human rights of migrants, facilitating
orderly, regular and safe migration, and combating human trafficking
and the smuggling of migrants
9.13 The Commission describes efforts made within
the EU to ensure respect for the civil, political, economic and
social rights of migrants and refugees and to promote the integration
of legally resident third country nationals and says it is committed
to promoting the same high standards in its external migration
policy, adding:
"This includes strengthening access to fundamental
and other rights, such as access to education and healthcare,
the right to work, and the right of free movement, the eradication
of statelessness, the elimination of arbitrary detention of migrants,
access to justice and equal treatment with nationals on employment
issues."[37]
9.14 The Commission highlights the assistance
provided by the EU to strengthen the capacity of developing countries
to ensure orderly, regular and safe migration and to combat trafficking
in human beings and the smuggling of migrants. It proposes four
"key messages" which call on all States to:
- recognise the protection of human rights as a
cross-cutting policy priority and uphold relevant international
human rights instruments;
- respect the dignity and human rights of all migrants,
regardless of their status, with a particular focus on the most
vulnerable (such as asylum seekers, victims of trafficking and
unaccompanied minors);
- develop national policies to promote the integration
of migrants and to prevent and combat xenophobia and racism and
exploitative forms of employment; and
- ratify and implement international instruments
on the smuggling of migrants and on human trafficking, and strengthen
cooperation on the prosecution of traffickers and the protection
of victims.
9.15 A fifth "key message" emphasises
the importance of enabling potential migrants to make informed
decisions by providing information on immigration procedures,
social and economic conditions in their intended destination countries,
and their rights as migrants.
Roundtable 3 —
strengthening international cooperation, integrating migration
into development policies, and ensuring policy coherence
9.16 The Commission describes the partnerships
and dialogues initiated under the EU's Global Approach to Migration
and Mobility, as well as the conclusion of visa-facilitation and
readmission agreements with third countries. It suggests that
further progress is needed in integrating migration into development
strategies — a process it describes as a vital first step
in establishing a framework to maximise the development impact
of migration — and adds:
"[G]iven the reality of increased human mobility,
further efforts are required to ensure that EU development initiatives
in sectors such as employment, human rights, trade, agriculture
and environment are based on full recognition of the potential
of well-managed migration and mobility as development enablers."[38]
9.17 The Commission highlights the need for better
data to assess the full impact of migration on the economic, social
and environmental development of countries and to develop targeted
policy actions, as well as the important connection between migration
and urbanisation and the possibility of creating a network of
cities and urban regions to exchange information on issues such
as labour market access, integration, urban planning and infrastructure.
It suggests that more coordination between UN Agencies could
encourage a more coherent global policy on migration and development.
9.18 The Commission proposes four "key messages":
- encourage all States to engage in international
dialogue and cooperation with relevant partners (as well as civil
society) to identify shared priorities and strengthen bilateral
and regional migration governance;
- ensure that donors and other development actors
integrate migration and mobility issues into their development
policies;
- develop mechanisms for collecting and sharing
information so that there is a better knowledge base to inform
policies which seek to maximise the benefits of migration for
development; and
- encourage UN Agencies and international organisations
to develop a fully integrated and coordinated international migration
agenda.
Roundtable 4 —
the impact of international and regional labour mobility on development
9.19 The Commission describes the progress made
within the EU to develop an integrated labour market which includes
the transferability of social and pension rights between Member
States and a system for the mutual recognition of qualifications.
It continues:
"In the highly competitive globalised economy
of today, and despite the current high unemployment figures in
the EU, inward labour migration of non-EU nationals will also
have a role in the EU's efforts to develop a highly-skilled, adaptable
workforce that can meet the challenges of demographic and economic
change."[39]
9.20 As labour mobility is likely to increase,
the Commission suggests that further work is needed at international
level on issues such as the recognition of qualifications and
the portability of pension and other welfare entitlements. It
also calls for better governance frameworks for labour migration
in low and middle income destination countries so that labour
migration promotes development whilst also ensuring adequate protection
and decent working conditions for migrant labour.
9.21 The Commission proposes five "key messages":
- encourage all States to review barriers to mobility
with a view to promoting economic competitiveness and regional
integration while maintaining security, and consider convening
a UN conference on international labour mobility and development;
- support processes and regional organisations
which seek to promote orderly intra-regional migration and mobility
between developing countries;
- promote intra-regional labour mobility, skills
development programmes and certification and recognition schemes,
accompanied by an overview of skills needs and shortages across
regions;
- facilitate circular migration as a means of promoting
the economic and social development of countries of origin and
destination; and
- encourage effective access to social security
in host countries as well as the portability of social and pension
rights in order to facilitate labour mobility and circular migration.
9.22 The final part of the Communication seeks
to look beyond the existing focus of EU external migration policy,
which addresses issues such as remittances, diaspora communities,
brain drain and circular migration, by advocating a more comprehensive
framework for EU development policy which takes account of the
impact of migration on sustainable economic, social and environmental
development in low and middle income countries of origin and destination.
The Commission says that it will promote the mainstreaming of
migration within its development strategies, strengthen migration
governance and cooperation in and between developing countries,
and advocate a migrant-centred approach as a cross-cutting priority
for all EU action in the field of migration and development with
a view to supporting migrants in becoming more effective development
actors.
9.23 The Commission concludes:
"Development processes rely on mobility, which
is necessary to ensure efficient labour matching and facilitates
transfers of social, financial and human capital. Development
also fosters mobility, providing greater resources for people
to migrate in search of opportunities. A number of processes will
further drive mobility in the future, including global wealth
shifts, regional and global economic integration, and environmental
degradation related to climate change. If it is to be fit for
the 21st century, development thinking must therefore fully integrate
the role of migration and mobility as development enablers, and
recognise the essential role of effective migration governance
in limiting the potential negative impacts of migration on development.
"[...] Migration and mobility is about freedom.
It is about giving each and every individual the opportunity and
the ability to influence his or her life situation, economically
and socially. The impact of respecting human rights goes far beyond
the individual migrant, as it also benefits both the home society
and the society in which migrants live and work. Empowering individuals
to accede their rights is a winning strategy, both for effective
migration governance and for sustainable development"[40]
The Government's view
9.24 The Minister for Immigration (Mr Mark Harper)
welcomes the Commission's contribution to preparations for the
High Level Dialogue (HLD) and, whilst endorsing many of its recommendations,
notes that some are of concern or contrary to UK policy. He continues:
"It is also important to note that the Communication
has been produced solely by the Commission. On this basis, the
Government welcomes forthcoming Council Conclusions on the HLD,
proposed by the Irish Presidency following publication of the
Commission's Communication, which will provide an opportunity
to ensure Member States' competence in this area is reflected
in the EU's final position on the HLD. The Council Conclusions
will be agreed by consensus."[41]
9.25 The Minister sets out the Government's position
on the "key messages" proposed for each of the Roundtable
discussions.
Roundtable 1
9.26 The Minister welcomes the broader geographical
focus proposed by the Commission, adding:
"The overwhelming majority of migration in the
world is internal or within the South. Broadening the focus of
the migration and development agenda would better recognise the
importance of migration to the lives of many people or households
within the South, and the greater economic and other benefits
that safe, legal and well-managed migration can bring in contrast
to illegal or mismanaged migration."[42]
9.27 He also welcomes the emphasis placed on
well-managed migration and mobility and underlines the importance
of establishing effective asylum systems in all countries which
identify and protect refuges whilst ensuring the removal of those
making unfounded claims. He recognises the value of exploring
how the "human capital" of refugees can be better used
to promote social and economic development.
9.28 The Minister notes that the Prime Minister
will co-chair the High Level Panel on the post-2015 development
agenda (along with the Presidents of Indonesia and Liberia) and
anticipates some discussion on how migration and development should
feature in the post-2015 framework, but adds:
"[T]he Government believes the Commission's
Communication is premature in calling for the introduction of
migration and mobility as a 'visible cross-cutting priority' in
the Post-2015 development framework."[43]
Roundtable 2
9.29 The Minister welcomes the emphasis placed
on global efforts to tackle the smuggling of migrants and trafficking
in human beings, as well as better provision of information to
potential migrants, not least to discourage those who might place
themselves at risk, but expresses concern at "repeated references
to 'migrants' rights'." He continues:
"Whilst recognising the importance of protecting
the human rights of migrants, in particular those most vulnerable
to exploitation and abuse, the Government does not support the
notion that migrants possess specific fundamental rights as
migrants. On this basis, I am also concerned about the Commission's
suggestion that there may be scope to work towards 'a new convention
that addresses the rights of all migrant workers'."[44]
Roundtable 3
9.30 The Minister broadly supports EU efforts
to integrate migration into its development policies and agrees
that the High Level Dialogue should take into account discussions
in other fora, such as the Global Forum on Migration and Development
without, however, establishing any more formal ties.
Roundtable 4
9.31 The Minister recognises the importance of
enhanced mobility for developing countries as a means of furthering
their economic and social development but describes many of the
Commission's "key messages" as "unacceptable"
in their current form. He continues:
"With regard to removing barriers to human mobility,
our view is that States require the ability to control inflows
and prevent abuse of migration routes. Some degree of restriction
on mobility is a necessary corollary of the orderly management
of access to labour markets, and the effective administration
of work permits would be more difficult if, for example, those
admitted as visitors were at liberty actively to seek work.
"On the portability of social and pension benefits,
the Government has frequently said that social security rights
for third country nationals should not be extended. However,
the UK already pays certain contributory benefits (such as state
pension) worldwide as a matter of domestic policy, where a person
has paid their contributions and become entitled. We also have
no objection to portability being handled through bilateral or
regional agreements where countries are free to decide whether
or not they participate. However, we do not believe that it should
be a 'key message' to the HLD that the portability of social and
pension rights should be promoted."[45]
9.32 The Minister describes the concluding section
of the Communication, which sets out ideas for more comprehensive
EU action on migration and development, as "a useful stimulus
for further debate", but observes:
"[I]t will be important as the debate moves
forward that any initiatives in the field of migration and development
are compatible with international commitments on aid effectiveness,
and likely to bring lasting benefits to the lives of people in
extreme poverty or need in developing countries. Where appropriate,
development specialists need to lead this work, and it is important
that this work be grounded in an approach based on evidence rather
than led by assumptions.
"It is also vital that future EU initiatives
in this area respect Member States' requirements for well-managed
migration and their competence in this regard. On that basis,
it is of concern that the Commission is using this Communication,
published without prior consultation with Member States, to call
on policy makers, agencies and international organisations to
take further action, albeit that this language builds on earlier
Council Conclusions on the GAMM. For that reason, I look forward
to the opportunity to set out the position of the Council on the
Commission's proposals in forthcoming Council Conclusions."[46]
9.33 The Minister expects Council Conclusions
to be agreed in July.
Conclusion
9.34 It is evident that the Minister attaches
particular importance to the adoption of Council Conclusions as
a means of establishing Member States' position on the scope and
content of the EU contribution to the High Level Dialogue. We
therefore ask him to provide us with a copy of the Conclusions
accompanied by an explanation of how they ensure that Member States'
competences in the fields of migration and development policy
are respected and how they address the concerns raised in his
Explanatory Memorandum on the content of certain "key messages"
proposed by the Commission. We also ask him to explain who will
represent the EU in the High Level Dialogue and whether and how
Member States will be able to make their own contributions.
9.35 Meanwhile, the Communication remains
under scrutiny.
30 See p.12 of the Communication; (33244), Council
document 15560/11: HC 428-xli (2010-12), chapter 6 (9 November
2011). Back
31
See (33385), 17254/11: HC 428-xlvi (2010-12), chapter 20 (11
January 2012). Back
32
See Council Conclusions on the Global Approach to Migration
and Mobility 9417/12. Back
33
See p.2 of the Communication. Back
34
See p.14 of the Communication. Back
35
See p.3 of the Communication. Back
36
See the Commission Communication, A Decent Life for All: Ending
Poverty and Giving the World a Sustainable Future", (34747)
7075/13, HC 86-xxxviii (2012-13), chapter 6 (17 April 2013). Back
37
See p.6 of the Communication. Back
38
See p.9 of the Communication. Back
39
See p.11 of the Communication. Back
40
See pp.14 and 15 of the Communication. Back
41
See para19 of the Minister's Explanatory Memorandum. Back
42
See para 22 of the Minister's Explanatory Memorandum. Back
43
See para 25 of the Minister's Explanatory Memorandum. Back
44
See para 28 of the Minister's Explanatory Memorandum. Back
45
See paras 34 and 35 of the Minister's Explanatory Memorandum. Back
46
See paras 40 and 41 of the Minister's Explanatory Memorandum. Back
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