Deepening Labor Migration Governance at a Time of Immobility
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Deepening Labor Migration Governance POLICY BRIEF at a Time of Immobility Lessons from Ghana and Senegal JULY 2021 BY CAMILLE LE COZ AND KATE HOOPER Executive Summary In the case of Ghana and Senegal, efforts to improve migration governance are rooted in common pri- orities, including expanding safe and legal migra- The COVID-19 pandemic has dramatically curtailed tion opportunities for their nationals, reducing the migration opportunities in West Africa, as it has exploitation of migrant workers, and engaging the around the world. In 2019, 10.1 million West Afri- diaspora. But even prior to the pandemic, translating can migrants lived in other countries in the region these policy goals into practice was proving chal- or further afield for work, family unification, study, lenging. Some of the sticking points include: how to or other purposes. But more than a year into the build mutually beneficial ties between origin coun- pandemic, ongoing border closures and travel re- tries and their diasporas; how to balance govern- strictions coupled with new public-health measures ments’ commitments to better regulate worker re- have limited migration opportunities for many West cruitment despite limited resources to enforce new Africans for the foreseeable future. At the time of rules; and how to move the needle on issues such as writing, this brief’s two country case studies, Ghana promoting freedom of movement within ECOWAS and Senegal, had opened to air travel but some land while protecting local workers and businesses. borders remained closed. Migration and its corollaries, such as remittances Migration and its corollaries, such as and knowledge transfers from the diaspora, have remittances and knowledge transfers been an important vehicle for supporting socioeco- from the diaspora, have been an nomic development in the two case study countries important vehicle for supporting and the broader region. But continued uncertainty socioeconomic development. about when migration will more fully restart—and at what scale—threatens this progress. It also risks The pandemic has upended political priorities, in- delaying national and regional efforts to strengthen cluding on migration governance, but it has also migration governance, such as the development or offered a compelling case for more support from implementation of comprehensive migration policy donors and development actors in this area, as well frameworks at country level and the lifting of bar- as deeper cooperation on these migration issues. riers to mobility under the Economic Community Bilateral or regional cooperation can help minimize of West African States (ECOWAS) Protocol on Free disruptions resulting from national actions such Movement. as border closures or travel restrictions and enable
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL governments to develop common standards and approaches that can lay the groundwork for restart- 1 Introduction ing mobility. In a scenario where immigration to The COVID-19 pandemic has upended labor migra- high-income countries outside the region remains tion around the globe, and with it, an important suppressed due to lower demand for workers or avenue for supporting socioeconomic development difficult-to-meet public-health requirements for en- in low- and middle-income countries. In West Africa, try (such as required proof of vaccination), regional for example, significant movements for work and mobility may also grow in salience in the short to family unification to countries both within and out- medium term. side the region contribute to development at home through remittances and diaspora contributions. In Looking ahead, West African governments should 2019, there were 10.1 million West African migrants think carefully about how they can leverage existing living in other countries, of whom about two-thirds partnerships and work together to restart mobility, lived in other West African countries.1 The onset of as well as use development cooperation to advance the pandemic brought most of these movements their agenda. Countries such as Ghana and Sene- to a halt. While most airports have since reopened gal will also need to reassess their short- to medi- (albeit with new health requirements in place), a um-term priorities for labor migration in the wake number of countries have maintained land border of the pandemic. For example, new public-health closures even within the Economic Community of measures at borders may reinvigorate efforts to im- West African States (ECOWAS) free movement area, prove the collection and sharing of migration data curbing cross-border trade and mobility.2 At the and necessitate additional outreach to recruiters to same time, opportunities to migrate to high-income ensure they understand and implement these new countries (for example, in Europe or the Gulf states) public-health rules. The challenges of supporting have been curtailed both by ongoing travel restric- migrants stranded abroad by travel restrictions or tions and a freeze on the recruitment of migrant other pandemic-related factors may also incentivize workers in many sectors. Prospective migrants face considerable uncertainty about when (and under deeper investments in consular services and bilat- what conditions) they will be able to access these eral relationships with destination countries. Finally, livelihood opportunities once more, while projec- the economic downturn triggered by the pandemic, tions suggest that the pandemic’s economic impacts coupled with migration’s potential for knowledge may lead to sustained drops in remittance flows.3 transfer in critical areas such as health care, may add new urgency to diaspora engagement efforts. The slowdown of migration may in turn have signif- Donors, development actors, and international orga- icant consequences for development, especially if nizations can play an important role in supporting the reopening of mobility channels is not well man- these initiatives, through technical assistance proj- aged during the recovery. Before the COVID-19 crisis ects, by helping with diaspora engagement, and by took hold, a number of low- and middle-income assisting with the establishment and operation of countries, including Ghana and Senegal, were tak- public-health measures at international borders. ing concrete steps to improve their governance of MIGRATION POLICY INSTITUTE | 2
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL international migration, embarking on the process COVID-19 has thus created new challenges for mi- of drafting or implementing migration policy frame- gration management while also presenting new in- works for the first time. For example, Ghana adopted centives for deeper cooperation on migration issues. a national migration policy framework in 2016 and This policy brief explores how governments and oth- launched a more detailed labor migration policy in er stakeholders can promote better labor migration 2020, while Senegal is working towards the finaliza- governance in low- and middle-income countries, tion of its first national migration policy framework. and how these efforts are being shaped by the pan- Both countries have also made commitments to im- demic. It focuses on the experiences of Ghana and plementing the 1979 ECOWAS Protocol Relating to Senegal—two countries that were in the process of Free Movement of Persons, Residence, and Establish- strengthening the governance of their migration ment, which enables citizens of the region to move, policies before the pandemic began—and examines reside, and work in other Member States provided how governments and their partners can support they meet certain conditions.4 Senegal is also part migration and achieve better outcomes for migrants of the West African Economic and Monetary Union and for countries of origin and destination. (WAEMU), a group of West African states working to- ward creating a customs and currency union.5 2 A Snapshot of Labor COVID-19 has thus created Migration Trends in new challenges for migration management while also presenting Ghana and Senegal new incentives for deeper Every year, significant numbers of Ghanaian and cooperation on migration issues. Senegalese nationals migrate in search of work or for other reasons, such as trade, access to services, But since March 2020, many efforts to improve mi- and social ties. Both countries are also destinations gration governance have been put on ice. The vast needs associated with the COVID-19 response, cou- for migrants moving for similar reasons. Official data pled with the uncertainty that surrounds the future sources almost certainly underestimate the number of mobility, mean that the timeline for introducing of people on the move in West Africa, due to porous further reforms—and mustering the resources nec- borders that allow some to cross without using for- essary to support them—is unclear. For now, efforts mal points of entry as well as broader data collection to develop common public-health standards and issues (see Box 1).6 Most labor migration happens restart labor mobility are happening at the bilater- with little or no government involvement, with mi- al or regional level, complicating efforts to restart grants identifying job opportunities through their interregional travel (for example, from sub-Saharan social networks, using private (and often informal) Africa to Europe or the Middle East) and potentially recruiters, or by searching for work upon arrival in creating incentives for greater intraregional and another ECOWAS Member State.7 Regional integra- South-South migration and for irregular migration in tion is thus a key factor that shapes migration to and the interim. from Ghana and Senegal (and other Member States). MIGRATION POLICY INSTITUTE | 3
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL BOX 1 Estimating the Scale of Labor Migration and Efforts to Address Data Gaps Capturing labor migration trends is a challenging exercise, especially for low- and middle-income countries. Some countries lack the capacity to systematically collect data on immigration, including accurately mea- suring entries and exits. Adding to the challenge is the number of people using informal border crossings and who are therefore not registered in official data sources. The quality of data on migrant populations also ranges widely. In some countries, the only data available are through population censuses and household surveys, which may include only basic details about migrants, while in other countries, there are surveys of current immigrant populations that capture more details about their demographic and socioeconomic traits. For the African Union’s 2020 report on labor migration statistics, fewer than 30 countries had data on migrant workers in the labor force, and fewer still could provide more granular details; for example, only eight AU Member States were able to share data about employed migrant workers. The result is an incom- plete picture of the scale and profile of labor migration, especially when it happens between two coun- tries that share similar data limitations. In the case of West Africa, for example, data on migration to some high-income countries (for example, in Europe or North America) can be more robust because of destina- tion-country data collection capacity than data on migration between neighboring countries. Ghana and Senegal have acknowledged these limitations in their respective migration policy documents and are seeking to improve data collection on migration and other relevant topics, such as labor market needs and demand for skills. At the national level, Ghana has created a National Migration Data Manage- ment Strategy to improve the collection and analysis of migration data from different agencies (such as the Ghana Immigration Service), and it is implementing a Labour Market Information System that will include a platform where employers can post jobs and jobseekers can search for opportunities in Ghana or overseas. However, further investments are needed to improve migration data collection and to connect information on labor market needs with migration opportunities. In its National Migration Policy, Senegal refers to the need for an effective system to collect migration data and analyze it in real time to inform policymakers. The Senegalese government has also regularly tried to organize surveys of its diaspora communities abroad, through online registration, consular registries, and membership to diaspora organizations. Sources: African Union and Joint Labour Migration Programme, Report on Labour Migration Statistics in Africa, 2nd ed. (2017) (Addis Ababa: African Union Commission, 2020); Objective 1 of United Nations, “Global Compact for Safe, Orderly, and Regular Migration,” July 13, 2018 (to “[c]ollect and utilize accurate and disaggregated data as a basis for evidence-based policies.”); Government of Ghana, “National Labour Migration Policy” (unpublished policy document, 2020); Ghanaian Ministry of Employment and Labour Relations, “Ghana Labour Market Information System,” accessed June 21, 2021; International Organization for Migration (IOM), Migration in Ghana: A Country Profile 2019 (Geneva: IOM, 2020); Lanfia Diané, “COVID-19 et migration” (interview by Gnagna Koné, Heinrich Böll Stiftung, May 13, 2020); Sorona Toma, Policy and Institutional Frameworks—Senegal Country Report (Florence, Italy: European University Institute, 2014). Ghana and Senegal are both countries of net emi- Spain.10 A lack of comprehensive data makes it hard gration, with sizeable diasporas spread between Af- to track which sectors members of the Ghanaian and rica (almost all within the ECOWAS region), Europe, Senegalese diasporas work in, although studies of and in the case of Ghana, North America. In 2019, different destination countries or regions can pro- 970,600 Ghanaians were recorded as living outside vide some indications. For example, research points of Ghana.8 The top destination countries for Gha- to the prevalence of Ghanaian migrants working in naian emigrants are Nigeria, the United States, the low-skilled roles in the construction and domestic United Kingdom, and Côte d’Ivoire. The same year, work sectors in the Gulf region.11 Studies also sug- more than 640,000 Senegalese were recorded as gest that there is significant emigration from these living abroad.9 The top destination countries for Sen- two countries of skilled workers in sectors such as egalese emigrants are The Gambia, France, Italy, and health care.12 MIGRATION POLICY INSTITUTE | 4
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL As for many other low- and middle-income coun- In both Ghana and Senegal, immigrants tend to tries, remittances are an important source of income work in low-skilled roles in the informal economy, in for both Ghana and Senegal. In 2020, Senegal re- sectors such as agriculture, retail and trade, manu- ceived an estimated U.S. $2.3 billion in remittances facturing, and mining.21 A smaller share also works (equivalent to around 9.4 percent of the country’s in high-skilled roles, for example with multinational gross domestic product [GDP]), while Ghana re- companies.22 Data from Ghana suggest that as of ceived an estimated U.S. $3.2 billion in remittances 2015, female migrants in the country were employed (around 4.8 percent of its GDP).13 The true volume primarily in wholesale and retail trade, followed by agriculture, forestry and fishing, and manufacturing, of remittances is likely much higher, as these data whereas male migrants were employed primarily do not capture informal money transfers, although in agriculture and in forestry and fishing, followed COVID-19-related travel restrictions and lockdowns by wholesale and retail trade and manufacturing.23 appear to be channeling more remittances through Migrants of different nationalities are sometimes formal channels.14 Data from 2017 suggest that for concentrated in particular industries. For example, Ghana, the main source countries for remittances are in Ghana, studies and interviews indicate that Nige- the United States, Nigeria, and the United Kingdom, rians tend to work in finance, insurance, mining, oil, while for Senegal, the main sources are France, Italy, and petty trading, while the relatively small number Spain, and The Gambia.15 of Chinese nationals in the country tend to work in gold mining.24 In Senegal, surveys and interviews Both countries also have their own immigrant popu- point to Guineans working in transport and the lations, with most coming from other ECOWAS Mem- trade of fruit and vegetables, Malians in crafts, and ber States. In 2019, Ghana recorded 466,800 interna- Chinese and Indian nationals in construction.25 tional migrants, accounting for about 1.5 percent of the country’s population.16 Almost all (98.4 percent) The pandemic has upended many of these migra- of these immigrants came from sub-Saharan Africa, tion trends. ECOWAS Member States moved unilat- with the vast majority (83.6 percent) coming from erally to close their borders, in the process stranding other ECOWAS Member States such as Togo, Nigeria, many citizens of other ECOWAS countries (for exam- Côte d’Ivoire, and Burkina Faso.17 Family reunifica- ple, if they crossed without an identity document).26 tion is a key driver of immigration, followed by work; Many of these restrictions lasted months, and some however, there is a significant gender divide, with remain in place, especially at land borders. Senegal, which closed all of its borders in March 2020, has a 2015 survey finding that 74.5 percent of female since reopened air travel for citizens, residents and migrants cited family reasons for migrating to Gha- special exemptions, while most land borders remain na, while 53.8 percent of male migrants cited work closed.27 Ghana also closed its borders in March as their reason for migrating.18 Meanwhile, Senegal 2020 and only reopened to air travel in September had more than 275,000 international migrants as of 2020.28 Throughout West and Central Africa, IOM 2019,19 accounting for 1.7 percent of its population. recorded more than 24,000 migrants stranded by Most of these immigrants (87.8 percent) came from pandemic-related measures in May 2020, and up to sub-Saharan Africa, with those from other ECOW- 30,000 a month later.29 These border closures have AS Member States accounting for 55.9 percent, also impeded usually lively cross-border trade, such although Senegal also has smaller immigrant popu- as between Ghana, Nigeria, and Togo and between lations from France, North Africa (Algeria and Moroc- Senegal and The Gambia, with dire consequences co), the Middle East (Saudi Arabia and Lebanon), and for border communities whose livelihoods rely on elsewhere.20 these exchanges.30 MIGRATION POLICY INSTITUTE | 5
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL 3 Top Ghanaian and In 2016, Ghana introduced its National Migration Policy, which sets out a strategy for managing mi- Senegalese Policy gration (both internal and international) and boost- Priorities Related to ing its development benefits.32 Implementation was delayed partly because of national elections and a Labor Migration change of government in 2016, and it is still ongo- ing, with the government working on establishing Prior to the pandemic, Ghana’s and Senegal’s mi- a National Commission on Migration to coordinate gration policy priorities primarily reflected their across different government agencies.33 While the identities as countries of net emigration. Discussions National Migration Policy covers a wide range of of labor migration cover both immigration and em- migration-related issues, the government launched igration policies, but with a focus on issues such as a separate National Labour Migration Policy in 2020 expanding legal migration opportunities for their and is reviewing a draft diaspora engagement policy nationals, diaspora engagement, and promoting the framework, which set out more detailed objectives rights of their nationals working abroad. While the and strategies for these policy areas.34 Ghanaian and Senegalese policy agendas have been oriented toward migration to high-income destina- tion countries, regional integration has also been Discussions of labor migration an important facet, with both countries committed cover both immigration and to implementing the ECOWAS Protocol Relating to emigration policies, but with a focus Free Movement of Persons, Residence, and Establish- on issues such as expanding legal ment. In fact, discussions on how to improve migra- migration opportunities for their tion governance within the bloc informed some of these countries’ efforts to articulate comprehensive nationals, diaspora engagement, migration policies, as did talks in various forums and promoting the rights of their about better harnessing the benefits of migration nationals working abroad. for development (including those during the nego- Senegal has also developed a comprehensive tiations of the Global Compact for Safe, Orderly, and National Migration Policy that outlines priorities Regular Migration). and seeks to coordinate activities across different The two countries have been working toward adopt- agencies, including on diaspora engagement and ing or rolling out new migration policy frameworks, migration management.35 The policy was drafted by even though the COVID-19 crisis has delayed some thematic working groups coordinated by the Min- of these political processes. These efforts to set out istry of Economy and Planning (with support from comprehensive, cross-sectoral migration strategies IOM), drawing on consultations with ministries, sub- have been supported by development agencies and national authorities, international organizations, and international organizations, such as the International civil society. But while the document was finalized in Organization for Migration (IOM) and the Interna- 2018, it has yet to receive final political sign-off from tional Labour Organization (ILO), especially follow- Senegal’s government.36 The government is cur- ing the 2015–16 migration and refugee crisis in rently considering an update, with the objective of Europe, which drew increased attention to migration reflecting new policy developments such as the New governance issues among European donors.31 European Pact on Migration and Asylum.37 MIGRATION POLICY INSTITUTE | 6
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL As members of ECOWAS, Ghana and Senegal are or longer-term basis and put their skills to also responsible for implementing the Free Move- use. Ghana’s draft diaspora engagement ment Protocol, with implications for immigration strategy sets out a framework that builds on and emigration within the region. Most immigrants the National Migration Policy and includes a entering Ghana or Senegal come from other ECOW- focus on building the capacity and structures AS countries and can thus enter without a visa. To to effectively engage the Ghanaian diaspora, stay beyond 90 days and work, ECOWAS citizens are promoting the rights of diaspora members, required to register for a residence permit, although and boosting their contributions to Ghana.40 as will be discussed in Section 4.B., this can present As for Senegal’s draft National Migration a number of hurdles in practice. Citizens of other Policy, it foresees the creation of a mechanism countries must apply for an entry visa (either be- to promote skills and knowledge transfers fore or upon arrival) and then register for work and from the diaspora.41 residence permits once they arrive. Work permits are typically linked to a single employer and are ► Promoting ethical recruitment. Another aim renewable. Ghana offers permanent residence to im- shared by both countries is enforcing ethical migrants after they have been in the country for five recruitment of migrant workers and cracking years. In Senegal, the legislation on residence dates down on exploitative recruitment practices.42 from 1971 and does not offer permanent residen- Informal agencies are increasingly prevalent cy to most foreigners.38 However, this legislation is in international recruitment, despite concerns likely to be revised as part of the ongoing process of about potential ties to human trafficking, and updating and implementing its National Migration their informal nature makes it challenging for Strategy.39 governments to monitor and regulate their activities.43 Ghana and Senegal have different These recently introduced and draft policy frame- approaches to managing recruitment by works reflect a number of priorities on labor migra- private employment agencies. Ghana’s tion that are shared by Ghana and Senegal, includ- Labour Department (under the Ministry ing: of Employment and Labour Relations) is responsible for registering and issuing ► Boosting diaspora engagement. licenses to private recruiters.44 However, as Maximizing the development benefits will be discussed in Section 5.A., enforcement of migration is a top priority for both governments, and diaspora engagement remains limited. Senegal, by contrast, has long formed an important tool for currently does not have laws in place to pursuing this aim. The two countries have set regulate private employment agencies up ministries or government departments beyond registration with the Chamber dedicated to diaspora engagement and of Commerce, as with other businesses.45 pursued policies to tap the resources of their Senegal’s draft National Migration Policy diasporas. For example, both countries have identifies regulating recruitment as a priority, sought to boost remittances through formal but it does not include specific measures channels, including through diaspora bonds, for private agencies.46 Both countries have and aimed to incentivize diaspora members yet to ratify some of the major international to invest in the private sector at home. conventions on recruitment and labor These countries have also encouraged their migration, although both have plans to ratify diaspora members to return on a temporary relevant ILO conventions in this area.47 MIGRATION POLICY INSTITUTE | 7
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL ► Tackling human trafficking. A third these measures. But the scale of the challenges common objective is tackling human posed by COVID-19 have delayed the rollout of trafficking and protecting migrants’ rights. many of these efforts—and raised questions about Human trafficking, particularly of women and the future of mobility and cross-border movement.52 children, is a significant concern within the This section explores the steps Ghana and Senegal region, with studies suggesting that many have taken and that they could take moving forward victims of trafficking end up in forced labor.48 to adjust to this rapidly evolving environment, rang- Trafficking currently happens from, within, ing from national to regional actions to facilitate the and to Ghana and Senegal.49 Both countries labor mobility of their nationals. have anti-trafficking laws in place and have ratified the Palermo Protocols, which aim to prevent and fight trafficking in persons, but A. Facilitating Labor Migration enforcement efforts are under-resourced.50 Opportunities for Workers ECOWAS has also been active in this field, from Ghana and Senegal approving in 2017 a regional Action Plan against Trafficking in Persons for 2018–22.51 Like other countries of emigration, a top priori- ty for Ghana and Senegal is expanding legal and The pandemic may lead Ghana and Senegal to re- visit their migration policy agendas and adjust their safe migration opportunities for their nationals. priorities to reflect a range of new issues and con- Until recently, the two governments played a fair- straints. Most specifically, it is likely that balancing ly limited role in facilitating labor migration, with migration management and public-health concerns many migrants moving on their own and finding will become a major focus for the two countries. Di- employment upon arrival or using the services of aspora engagement may also become more urgent informal recruitment agencies. The pandemic may to attract remittances, foreign investments, and ex- lead Ghana and Senegal to be more active, for ex- pertise to support national recovery plans. In com- ample to help migrants navigate new health-related parison, the pause on international travel may make requirements when borders reopen. This is likely to efforts to create new legal pathways and improve make initiatives such as information campaigns for recruitment procedures less pressing. aspiring migrants even more important. At the same time, the main tool available to governments to 4 Improving the shape the migration opportunities available to their nationals remains diplomacy. Negotiations with im- Governance of Labor migrant destination countries to encourage them to Migration to and from open up additional opportunities for labor migration and streamline recruitment procedures may now see West Africa health and safety measures come to the fore. The pandemic thus seems likely to have direct effects on Prior to the pandemic, Ghana and Senegal were the range of tools available to Ghanaian and Sene- making concrete progress to improve migration galese policymakers, potentially raising the profile of governance both nationally and regionally. As de- bilateral agreements with partner countries and of tailed in the previous section, the two governments projects offering training and opportunities to gain had developed comprehensive migration policy work experience to migrants in sectors in high de- frameworks and were taking steps to implement mand at home and in destination countries. MIGRATION POLICY INSTITUTE | 8
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL The Role of Diplomacy: Bilateral Agreements channels. Senegal’s experiences with Spain and and Projects with Destination Countries France illustrate some of these dynamics. In the case of Senegal and Spain, while there was a clear Bilateral labor agreements, memoranda of under- political imperative for a deal, labor market demand standing, and mobility projects are among the most was inconsistent. Madrid and Dakar entered into a common instruments available to origin countries bilateral labor agreement in 2007 as part of Spain’s to encourage and regulate labor migration.53 How- broader efforts to decrease spontaneous migrant ever, their impact is often relatively limited in terms arrivals to the Canary Islands. The agreement initially of numbers, and the pandemic is adding a layer of facilitated some circular migration opportunities for complexity to their implementation. In this unprec- Senegalese low-skilled workers,57 but this coopera- edented situation, Ghana and Senegal may need to tion was later discontinued because of the 2008–10 strengthen their capacity to meet new health-relat- economic crisis in Spain, issues with recruitment ed requirements and adapt their approach to engag- processes, and workers overstaying their visas.58 In ing with destination countries. early 2021, Spain and Senegal reopened discussions on the idea of issuing more work visas for Senega- Future efforts can capitalize on the negotiating ex- lese migrants in exchange for increased border con- perience of both countries. For example, in the wake trols to curb rising arrivals to the Canary Islands,59 of Ghana’s 2017 ban on the recruitment of Ghana- but with Spain facing another recession (this time ian workers to the Gulf and the Middle East (citing linked to the COVID-19 pandemic), it is unclear concerns about violations of migrants’ rights), the whether there will be sufficient demand or political government has pursued bilateral agreements with will to get this initiative off the ground in the short destination countries in the region with stronger term. Meanwhile, the labor agreement France and provisions to protect Ghanaian workers, while also Senegal signed in 2006 illustrates the importance of pursuing greater regulation of recruitment agencies getting the private sector onboard. While Senegal operating in Ghana. At the time of writing, Ghana was able to add occupations to the shortage list had signed agreements with Qatar and the United issued by the French government to facilitate the Arab Emirates and was in the process of negotiating hiring of third-country nationals, this agreement did one with Saudi Arabia.54 Senegal also has bilateral not result in more recruitment of workers by French labor agreements with European countries (e.g., companies.60 France, Italy, and Spain) and African partners (e.g., Djibouti, Gabon, Mali, Mauritania, and Morocco).55 An agreement with Qatar, for instance, targets a few With migration-management actors sectors (e.g., construction and nursing) and aims to often in the driving seat for these facilitate the recruitment of Senegalese workers.56 negotiations, some agreements do In practice, many of these agreements are not fully not reflect private-sector priorities in implemented or end up lapsing into disuse as po- destination countries. litical or economic priorities change. With migra- tion-management actors often in the driving seat for In an attempt to gain more leverage in discussions these negotiations, some agreements do not reflect with the European Union and its Member States, private-sector priorities in destination countries—or Ghana, Senegal, and other African states have tried simply do not offer employers a compelling reason to band together to negotiate additional labor mi- to use them as an alternative to other recruitment gration opportunities for their nationals. Since the MIGRATION POLICY INSTITUTE | 9
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL EU-Africa Valletta Summit in 2015, African govern- of people in priority sectors. For example, Ghana ments have repeatedly advocated for the issuance and Italy participated in a pilot project funded by of more work visas to Europe as part of their broader the European Commission in 2011, as part of which migration cooperation with the European Union.61 20 Ghanaian workers were recruited to work in the African states have also coordinated under the um- grape and apple harvest for three months in Trento, brella of the African Union and regional policy dia- Italy, and provided with predeparture training in logues (the Rabat and Khartoum Processes). In 2018, Ghana.66 However, it is unclear what the outcomes of for instance, Ghana, Senegal, and most of the other this project were, and there are no signs it was sub- countries that are part of the Rabat Process adopted sequently scaled up. Ghana and Senegal were also the Marrakesh Political Declaration and Action Plan, identified as priority countries for pilot projects the a joint strategy document committing African and European Commission launched in 2018, as part of European signatories to enhance legal migration an initiative that aimed to increase EU cooperation and mobility, among other things.62 To date, the with origin countries on labor migration while ad- outcomes of these joint dialogues have, however, dressing labor shortage gaps in the bloc.67 But in the been limited, partly because decisions about ad- first phase, projects were only developed with North missions ultimately lie with EU Member States, not African countries and with Nigeria, and the total the European Union, and several of them have been number of people to move remained limited (in the skeptical about the benefits of creating additional hundreds).68 labor migration schemes in the short term.63 The COVID-19 crisis has further disrupted these efforts; There are some opportunities for instance, the AU-EU Summit, which was initially scheduled for October 2020 and intended to cover on the horizon for origin labor migration and opportunities to create new countries to pursue pathways, was postponed.64 cooperation at the EU level. But there are some opportunities on the horizon While this type of initiative can offer an opportunity for origin countries to pursue cooperation at the to test new migration corridors (for example, be- EU level, most notably through the new “Talent tween Lithuania and Nigeria for tech workers) or to Partnerships” proposed in the European Commis- experiment with different approaches to managing sion’s September 2020 New Pact on Migration and migration and promoting development benefits Asylum. The Talent Partnerships envision the Euro- (such as the Global Skills Partnership model dis- pean Union working with priority partner countries cussed in Box 2), common challenges include secur- in Africa and other regions to create frameworks ing private sector buy-in and finding a viable path- that link mobility schemes for work or training with way to scale.69 Following a soft launch of the Talent broader investments in development, education and Partnerships in June 2021, the Commission is in dis- training, and other areas.65 The Talent Partnerships cussions with Member States and other stakeholders proposal builds on a long history of standalone proj- to roll them out.70 North African countries such as ects between countries of origin and destination Morocco and Tunisia are likely to be prioritized for that offer experience and training to small numbers this cooperation, but Ghana and Senegal could also be candidates for cooperation. MIGRATION POLICY INSTITUTE | 10
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL BOX 2 Boosting the Development Benefits of Mobility Schemes: The Global Skills Partnership Model An ongoing question about the design of these labor mobility projects is how to effectively promote devel- opment benefits in countries of origin and allay concerns about potential “brain drain” in certain sectors. For example, Germany’s Triple Win project on the sustainable recruitment of nurses has targeted three countries with established surpluses of qualified nurses to avoid contributing to brain drain from countries where medical professionals are more scarce. One model that has received a lot of interest in recent years is the Global Skills Partnership model proposed in the Global Compact for Migration that would invest in training systems and skills development in coun- tries of origin and destination. The concept hinges on the cost differentials of training in different countries: for the price of training one person in a high-income country of destination, governments or employers could afford to train several people in a low- or middle-income country of origin. While some of these train- ees may go on to migrate (and thus meet destination-country labor needs), others may stay, enabling the country of origin to benefit from additional skilled workers trained at little or no cost to them. Most recently, this approach has been tested in an EU-funded pilot project between Belgium and Morocco that provided a five-month training course to 120 recent Moroccan graduates that covered information and communica- tions technology, English, and soft skills before helping 30 to find employment opportunities in Flanders, Belgium, and 90 to find employment opportunities in Morocco. While this model faces similar obstacles to those encountered by other projects, including how to engage employers and find a sustainable funding model, it holds promise both as an avenue to provide develop- ment benefits that are delinked from the migration decisions of individuals (e.g., whether they will return to their country of origin and put their new skills to use there) and to address long-standing concerns about potential brain drain. Sources: United Nations, “Global Compact for Safe, Orderly and Regular Migration”; Enabel, “PALIM- European Pilot Project Linking Moroccan ICT Development and Labour Shortages in Flanders” (press release, November 27, 2019); Kate Hooper, Exploring New Legal Migration Pathways: Lessons from Pilot Projects (Washington, DC: Migration Policy Institute, 2019). National Actions to Facilitate Labor igin countries could consider reforms in their educa- Migration tion and training systems and skills recognition pro- cedures to make it easier for their nationals to apply Alongside building relationships with destination their skills in destination countries and on return. countries, origin-country governments can take These policies should be informed by the labor mar- some actions on their own to facilitate labor migra- kets in destination and origin countries, as reshaped tion. These include promoting existing opportuni- by the pandemic. ties open to their nationals or even playing a more active role in the recruitment process, such as by Publicizing existing labor migration schemes and identifying possible candidates for jobs. Ghana and raising awareness of international recruitment or Senegal are taking steps in this direction, but further training opportunities is an important step toward efforts are needed, and in light of the pandemic, the goal of promoting safe and legal migration. But the two countries may wish to invest in information to date, these efforts are happening in a piecemeal campaigns to ensure prospective migrants are aware fashion. In Ghana, the Labour Department is respon- of the health requirements imposed by destination sible for managing emigration, but its work focuses countries, as well as investing in new health-related on regulating private employment agencies and border infrastructure. In the longer term, migrant or- due diligence related to emigration (for example, MIGRATION POLICY INSTITUTE | 11
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL identifying which countries are safe to migrate to, velop common standards at a regional or even con- issuing exit permits, and facilitating travel for labor tinental level (as attempted under the ILO’s SKILL-UP migrants).71 In the past, the department has played a program75). role in implementing mobility schemes (such as the one with Italy detailed above), but its Public Employ- As part of their broader education and training strat- ment Centres currently only disseminate information egy, governments could also think about investing about job opportunities within Ghana.72 Meanwhile, in growth sectors that are in demand in both origin the Ghanaian-German Centre for Jobs, Migration, and destination countries. An advanced example and Reintegration and its Senegalese equivalent, of such an approach can be seen in the Philippines, both managed by the Deutsche Gesellschaft für where the Technical Education and Skills Develop- Internationale Zusammenarbeit (GIZ) in coordina- ment Authority runs a certification and training sys- tion with the respective national authorities, share tem that grants credentials used in the Philippines information about legal migration opportunities to and recognized by other countries. The system also Germany and support the reintegration of returning involves skills courses and language training for migrants.73 Filipinos migrating to popular destinations such as Japan, South Korea, China, and countries in the Gulf Investing in skills recognition and Middle East. However, critics point to the risk of brain drain in key sectors such as medicine, science, procedures is generally less technology, engineering, and mathematics; possible controversial, with clear advantages mismatches between the skills in demand in desti- for both individual returning migrants nation countries and in the Philippines; and the poor and the broader society. working conditions Filipino migrants face in some countries.76 But while the Philippines is unusual in Longer-term investments by origin-country gov- offering training explicitly aligned with the require- ernments in their education and training systems ments of another country, models such as the Global could make the process of migrating more seamless, Skills Partnership (see Box 2) illustrate the potential particularly for workers at the middle- and high- gains of investing in training in sectors that are skilled levels. Given long-standing concerns about likely to see continuing demand both at home and brain drain in particular sectors, such as health care, overseas. Ghana and Senegal could draw on their this can be a sensitive topic for countries of origin. previous experiences cooperating with destination Investing in skills recognition procedures is gen- countries such as Spain to take a similar approach. erally less controversial, with clear advantages for For example, Spanish authorities previously worked both individual returning migrants and the broader with the Senegalese employment agency to recruit society by helping returnees apply their skills more workers on behalf of Spanish employers and subsi- effectively. A first step in that direction is standard- dized predeparture training for workers in sectors izing skills recognition procedures at the national such as fisheries.77 level. In Senegal, a 2020 study concluded that the country still lacks a unified national framework for Finally, as the pandemic continues to reshape mi- skills certification and recommended more engage- gration systems, Ghana and Senegal may need to ment with all ministries and private and public edu- explore what measures they can adopt to facilitate cation providers to build one.74 The second step is to the mobility of their nationals in light of new travel harmonize education and training standards for key requirements. Since March 2020, countries around professions with other countries and eventually de- the world have adopted thousands of policies to MIGRATION POLICY INSTITUTE | 12
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL limit travel—from entry restrictions on travelers of 2020 Member States began to harmonize their coming from or through certain countries to specific COVID-19 response and set up regular communica- conditions for entry (e.g., testing prior to departure tion channels to share good practices.80 The situa- or on arrival, quarantine requirements)—and many tion has confirmed the importance of cross-border of these measures are likely to be maintained in the movement for local economies, from trade activities near future.78 If they wish to help resume labor mi- to the movement of livestock and seasonal labor gration more quickly, Accra and Dakar may wish to migration corridors.81 At this stage, however, many invest in infrastructure and processes to help their land borders are still closed, several countries have nationals abide by these rules, for example by facili- forcibly returned ECOWAS citizens trying to cross tating access to testing for those seeking to take up the border irregularly, and discrepancies in the fees work abroad and promoting resources that share the charged for COVID-19 tests by border authorities latest requirements for key destination countries. have generated tension.82 Policymakers will thus need to attend both to long-standing efforts to fur- B. Facilitating Regional and ther regional integration and to new, pandemic-re- lated challenges to intraregional mobility. Continental Mobility While Ghanaian and Senegalese migration policies Policymakers will thus need to have focused on promoting safe and legal labor attend both to long-standing efforts migration to high-income countries, most migra- to further regional integration tion happens to and from other ECOWAS Member States. Regional integration, whether at the level of and to new, pandemic-related ECOWAS or the African Union, is thus another main challenges to intraregional mobility. facet of labor migration governance for both coun- The foundation for free movement within the re- tries. This dimension may even grow in importance gion has been well laid. Over the past 40 years, the if high-income countries maintain pandemic-related ECOWAS Free Movement Protocol has been critical travel restrictions and Ghana, Senegal, and their for opening up opportunities to travel, reside, and ECOWAS partners cannot meet them. Some destina- work within the region and for reducing barriers to tion countries may also introduce new public-health mobility, including for cross-border communities, requirements, such as that travelers provide proof of pastoralists, and traders. But the bloc has yet to vaccination, which could further limit mobility from implement all of the protocol’s provisions, as well countries such as these where vaccines have not yet as common policy documents such as the 2008 become widely available. But to reap the full ben- ECOWAS Common Approach to Migration.83 Member efits of intraregional migration, ECOWAS will need States have fully implemented the first phase of the to overcome some persistent barriers to free move- protocol on abolishing visas and entry permits, thus ment within the bloc, many of which result from in- allowing ECOWAS citizens to enter for up to 90 days, consistent policy frameworks across the region and but progress on phases two and three (providing a lack of staff capacity and resources to enforce new ECOWAS citizens the right to seek employment and policies and regulatory frameworks.79 establish their own businesses in other Member States) has been slower.84 To some extent, these Free Movement within ECOWAS delays reflect difficulties mustering the political will While the pandemic initially triggered uncoordinat- to move forward linked to concerns about security ed border closures within ECOWAS, over the course (due to the cross-border activities of terrorist groups MIGRATION POLICY INSTITUTE | 13
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL such as Boko Haram) and the economy (including be limited.93 Another issue results from the lack of a worries about foreign- and native-born workers common understanding among ECOWAS countries competing for jobs), but they also reflect the enor- as to what identity documents are considered valid mity of the task of full integration.85 for the purposes of crossing borders.94 And even if ECOWAS citizens manage to enter another country, Providing other ECOWAS citizens equal access to this same documentation issue can prevent them national labor markets (in line with the protocol) has from applying for residence permits.95 Finally, staff proved particularly politically delicate in many coun- deployed at border points often lack adequate tries.86 For example, in a breach of ECOWAS rules equipment to monitor crossings and share data with providing for full labor market access, Ghana bars central authorities.96 All these shortcomings have noncitizens from participating in petty trading and become even more acute since the beginning of the a number of other activities such as operating a taxi pandemic, with public-health concerns adding an service or running a barber or beauty salon, which additional dimension to border management. As a has repeatedly led to tensions between Ghanaian result, ECOWAS Member States, donors, and their and Nigerian traders.87 In addition, ECOWAS citizens partners have deployed a range of activities to align applying for a work permit in Ghana do not benefit border procedures with health and safety guidelines. from a facilitated procedure and fall under the same For instance, in December 2020, the Ghana Immigra- rules as other third-country nationals (which involve tion Service received personal protection equipment a labor market test).88 Similarly, while social security from the European Union and ECOWAS, to be dis- benefits are meant to be portable across the bloc, tributed to its staff at points of entry.97 as set out in the 2013 ECOWAS General Convention on Social Security, this is not effective in practice.89 Other signs point to continued commitment to re- If not addressed by ECOWAS leaders, these sensitivi- gional integration. For example, Ghana and Senegal ties may grow further in light of the pandemic, given are both engaged in regional dialogues and projects increased competition for jobs. seeking to improve regional migration governance At the same time, implementing and enforcing and build capacity (such as the Migration Dialogue the Free Movement Protocol poses bureaucratic for West Africa and the Support to Free Movement challenges for countries with limited capacity and of Persons and Migration in West Africa project).98 All resources. Many issues stem from the lack of identity ECOWAS Member States except for one have adopt- documents among many ECOWAS residents. Such ed the ECOWAS passport, and Ghana and Senegal documents are required to cross borders regularly, have introduced the ECOWAS National Biometric but they can be difficult to obtain in countries where Identity Card—intended to serve as a travel certif- civil registry systems are not fully functioning. A se- icate across the bloc and facilitate regional mobil- ries of international projects are working to improve ity99—with Ghana already issuing more than half a civil registration and national identification sys- million such cards as of 2018.100 Finally, the efforts tems,90 but in the meantime, informal border cross- of ECOWAS Member States to coordinate since the ings are relatively common.91 Pastoralist commu- start of the pandemic, including via the ECOWAS nities are particularly affected by these difficulties, Regional Centre for Surveillance and Disease Control which can lead to extortion at border points.92 Cases and by moving toward common standards around of corruption and harassment, especially toward fe- testing and air travel, show a continued impetus for male migrants, are regularly documented at border regional coordination, without denying the likely dif- crossings, and accountability mechanisms tend to ficulties of the recovery process.101 MIGRATION POLICY INSTITUTE | 14
DEEPENING LABOR MIGRATION GOVERNANCE AT A TIME OF IMMOBILITY: LESSONS FROM GHANA AND SENEGAL Free Movement within the African Continent about the principle of continental freedom of move- ment.109 Still, as may prove the case within ECOWAS, Meanwhile, at the continental level, Ghana and Sen- if COVID-19-related restrictions continue to limit egal are both signatories to the African Union’s Pro- travel beyond Africa, this may eventually convince tocol on the Free Movement of Persons, which was AU Member States and skeptical members of the adopted in 2018 and came into effect in 2020, with public of the benefits of freedom of movement the goal of achieving freedom of movement across throughout the continent. the continent by 2030.102 As of early 2021, 32 of the 35 AU Member States had adopted the protocol103 but only four had ratified it.104 Free movement across 5 Improving the the continent will build on the free movement es- tablished within each regional economic communi- Governance of ty, and over time, the ability to travel freely without Emigration and visa requirements could lead to the free movement of labor and the rights of establishment and resi- Diaspora Engagement dence at the continental level.105 Even prior to the pandemic, Ghana and Senegal But many obstacles remain to making these ob- were both focused on building closer ties with their jectives a reality. These barriers largely predate the diasporas to encourage foreign direct investments, pandemic and range from the many visa require- remittances, and skills transfers. These efforts are ments that currently apply to Africans seeking to now even more critical, in the context of the pan- travel across Africa to the absence of a joint strat- demic-induced economic crisis. The pandemic has egy on border governance (still in drafting by the also underscored the need for greater protections African Union).106 A number of African states have for migrants, with border closures and travel re- indicated they are concerned about security, espe- strictions, lockdowns, and lost livelihoods stranding cially in regions where militant groups such as Boko some migrants abroad.110 In addition, the suspension Haram and al-Shabab are active, and governments of most legal migration channels is raising further fear that freedom of movement may facilitate their concerns about migrant workers resorting to irreg- cross-border activities.107 Some countries also con- ular routes, having to pay higher smuggling fees, sider continent-wide free movement to be prema- or falling prey to trafficking networks.111 Ghana and ture, as many regional economic communities are Senegal have sought to address some of these chal- still working toward implementing regional freedom lenges, with interventions that have mainly aimed to of movement. Finally, a whole range of technical and improve the regulation of international recruitment administrative reforms will be needed to fully oper- at home and expand the services available to work- ationalize the protocol—for instance, to raise aware- ers in destination countries. While pressing pandem- ness of the African Passport and train border officers ic-related challenges are likely to take priority par- about its use.108 AU Member States may not be ready ticularly in the short term, this disruption to interna- to mobilize the significant capacity and financial tional migration could also offer a window in which resources needed, both because the pandemic-re- to reflect on the limitations of existing systems for lated economic recession has tightened many na- emigration governance and diaspora engagement, tional budgets and because segments of the African begin to address shortcomings, and work toward population (especially in North Africa) are skeptical improving cooperation with destination countries. MIGRATION POLICY INSTITUTE | 15
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