Essentials of Migration Management

Essentials of Migration Management A Guide for Policy Makers and Practitioners Introduction to the Course Manual Volume One: Migration Management Foundations Volume Two: Developing Migration Policy Volume Three: Managing Migration Topics: Introduction How to use the Course Manual Essentials of Migration Management A Guide for Policy Makers and Practitioners

Essentials of Migration Management IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental body, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and wellbeing of migrants. The opinions and analyses expressed in this book do not necessarily reflect the views and official policies of the International Organization for Migration or its Member States. Unless otherwise stated, the book does not refer to events occurring after 1 July 2004. Publisher: International Organization for Migration 17, route des Morillons 1211 Geneva 19 Switzerland Tel.: + 41 22 717 91 11 Fax: + 41 22 798 61 50 E-mail: hq@iom.int Internet: http://www.iom.int ISBN 978-92-9068-214-1 2004 International Organization for Migration (IOM) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. ii

A Guide for Policy Makers and Practitioners Editor-In-Chief Erica Usher, International Organization for Migration (Geneva) Project Team Liliana MIRCESCU, International Organization for Migration (Geneva) Vasoontara YIENGPRUGSAWAN, International Organization for Migration (Geneva) Hallam JOHNSTON, Principal, Hallam Johnston & Associates Inc., Migration Management Consulting, Canada Editorial Coordination LearnStream Inc., Fredericton, Canada Instructional Design Steering Committee Gervais APPAVE, International Organization for Migration (Geneva) Charles HARNS, International Organization for Migration (Geneva) Maria HUTCHINSON, International Organization for Migration (Geneva) Liliana MIRCESCU, International Organization for Migration (Geneva) Irena OMELANIUK, International Organization for Migration (Geneva) Erica USHER, International Organization for Migration (Geneva) Essentials of Migration Management for Policy Makers and Practitioners is produced by IOM s Migration Policy and Research Department (MPR), Staff Development and Learning (SDL) and Migration Management Services (MMS). iii

Essentials of Migration Management Table of Contents Course Manual Introduction to the Course Manual Table of Contents Introduction to the Course Manual Volume One: Migration Management Foundations Table of Contents Introduction to Volume One 1.1 Terminology 1.2 A Conceptual Model for Migration Management 1.3 Migration and History 1.4 Authority and Responsibility of States 1.5 Rights and Obligations of Migrants 1.6 International Migration Law 1.7 International Cooperation 1.8 Developing Migration Legislation 1.9 Developing an Administrative Framework 1.10 Managing Perception Glossary (only in printed version) Volume Two: Developing Migration Policy Table of Contents Introduction to Volume Two 2.1 Migration and Statistical Data 2.2 Migration and Demography 2.3 Migration and Development 2.4 Migration and Trade 2.5 Migration and Family 2.6 Migration and Labour 2.7 Migration and Health 2.8 Migration and Security 2.9 Migration and Displacement 2.10 Migration and Gender Glossary (only in printed version) iv

A Guide for Policy Makers and Practitioners Volume Three: Managing Migration Table of Contents Introduction to Volume Three 3.1 Passport and Visa Systems 3.2 Immigration Systems 3.3 Border Management Systems 3.4 International Carrier Responsibilities 3.5 Refugee Protection 3.6 Integration of Migrants 3.7 Migration and Citizenship 3.8 Determination of Migrant Status and Appeals Systems 3.9 Return Migration 3.10 Management of Operational Data 3.11 Migration Intelligence Systems 3.12 Irregular Migration Glossary (only in printed version) v

Introduction to the Course Manual Topic One Introduction Introduction Migration Management: an Overview Migration is considered one of the defining global issues of the early twenty-first century, as more and more people are on the move today than at any other point in human history. There are now about 175 million people living outside their place of birth, which is about three per cent of the world s population. 1 This means that roughly one of every thirty-five persons in the world is a migrant. Between 1965 and 1990, the number of international migrants increased by 45 million an annual growth rate of about 2.1 per cent. The current annual growth rate is about 2.9 per cent. Discourse on migration involves many perspectives. There is growing recognition that migration is an essential and inevitable component of the economic and social life of every State, and that orderly and properly managed migration can be beneficial for both individuals and societies. The multiple and complex dimensions of migration include: labour migration family reunification migration and security combating irregular migration migration and trade migrant rights health and migration integration migration and development. Policy makers and practitioners need to develop a comprehensive understanding of the multidimensional phenomenon of migration in order to manage it effectively. A comprehensive and cooperative approach to international migration management is required to deal with the migration pressures of this century. Such an approach will include policies and programmes for migration and development, facilitating migration, regulating migration, and forced migration. To be successful, international migration management cannot be undertaken by governments unilaterally. There are many global trends behind today s mobile world that will impact migration and migration 1

Essentials of Migration Management management, including: demographic trends economic disparities between developing and developed countries trade liberalization necessitating a more mobile labour force communication networks linking all parts of the world transnational migration. In the twenty-first century, the movement of people will become even more significant as a result of these trends: Economic liberalization The trade and investment climate has sustained the flow of migrants. Higher demand for labour in the developed economies and availability of labour in underdeveloped economies has set global labour migration in motion. The huge global labour market has offered employers the chance to hire migrant workers as part of their cost minimization strategies. Moreover, globalization with its associated forces has increased the mobility of labour across borders. It has already reinforced the movement of skilled workers. Multinational corporations favour the movement of labour, especially highly skilled labour. Faced with acute labour shortages, the industries of developed countries are evaluating migration policies and are showing preference for a relatively flexible mechanism. American and European service industries in particular have been pushing for a liberal policy for movement of labour as service providers, especially in the hotel and restaurant, software, insurance, and financial industries. Economic decline The global economy has been experiencing a decline since the beginning of 2001. The International Monetary Fund has projected global growth of 3.2 per cent lower than in previous years. This has produced downward pressure on the movement of labour, especially in the information technology (IT), construction, and manufacturing sectors. However, the actual impact of economic decline, in terms of the return of migrant labour to countries of origin, has yet to be seen. Experience with the Asian financial crisis of 1999 suggests that most migrants tend to remain in the country of destination even when conditions worsen. Temporary recession may not always cause a major disruption of migratory flows and will not alter the trends in a major way. Demographic changes Global population growth differs between developed and developing countries. In the developed countries, the current annual rate of growth is less than 0.3 per cent, while in the rest of the world the population is increasing almost six times as fast. Demographic changes affect international migration in two ways. Rapid population growth combined with economic difficulties push people to move 2

Introduction to the Course Manual out of their habitat, and a declining and ageing population pressures countries to accept migrants. Sustained low fertility in developed countries produces a rapidly ageing population. The smaller and older population projected for developed countries over the next 50 years may enhance possibilities for greater mobility of people. According to UN population projections, Japan and all countries of Europe are expected to face declining population growth over the next 50 years. For example, the population of Italy is projected to decline from current 57 million to 41 million by 2050. Similarly, the population of Japan is projected to decline to 105 million by 2080 from the current 127 million. In addition to the decline in population size, Japan and the countries of Europe are undergoing a relatively rapid ageing process. While not a solution on its own, one part of the toolkit to address this problem is a gradual process of Replacement Migration. 2 Introduction Emergence of migrant networks Networks of migrants from a specific region or regions have emerged as a dominant force in enhancing mobility of people. They influence political decisions in host countries to provide economic assistance to their country of origin. They also influence economic and trade relations between the host and the home countries and require more creative and productive integration processes. Emergence of transnational migration Advancements in transportation and communication technologies that link places and people globally are leading to the emergence of a transnational migration space. This spreads over more than one geographical space in which migrants can shuttle between more than one home. Apart from physical movements, the flow of information, skills, and remittances are the other components of the transnational migration space. Gaps between geographic space and migration space have shrunk with far-reaching consequences on international migration. The most immediate outcome of this phenomenon is the growing acceptance of dual citizenship, multiple property, and voting rights. States now recognize that membership is no longer territory-based. A new kind of people-state relationship, which is fast taking root in international politics, is likely to influence the future course of human mobility. Few countries manage migration effectively. 3 There are a variety of reasons for this, not the least of which is because few countries have a defined and articulated migration policy. It is difficult to manage anything if there is not a policy structure established to guide the managers. Yet even countries that do have a coherent migration policy backed up by legislation often experience serious difficulties in managing migration. Some critics of public policy, particularly in the developed countries, have characterized the period from the mid-1970s to the present time as a quarter century of migration mismanagement. Moreover, 3

Essentials of Migration Management the large-scale movement of peoples has not ceased. Irregular migration has become one of the major issues of our time. Migrant smuggling now matches drug trafficking as a major source of income for organized crime. Trafficking in human beings has become a significant worldwide concern. Migration has moved up the scale of important issues facing the countries of the developed world so that now it is at the top of the policy agenda of the G8 countries. It is not difficult to understand why people from the poorer regions of the globe wish to migrate to more prosperous countries. People have always moved within regions or from one region to another in order to improve their standard of living, to give their children better opportunities to get ahead, or to escape from poverty, war, and famine. This is the iron rule of migration that has governed since the beginning of time. Today, with modern transportation and telecommunications, more people are motivated and able to move. The poor and disadvantaged can now see with their own eyes the wide disparity between their standard of living and that of the richer and more advantaged people in the world. They want to share in the wealth, and by the means of modern transportation, they are able to get to richer lands in a matter of hours. With economic globalization and the proliferation of international business, there is also increasing demand for mobility of professionals. The challenge for all countries is how to regulate and manage these large-scale migratory movements. The Course Manual The Manual is designed to provide a toolkit for policy makers and practitioners who face the challenge of improving the capacity of their country to manage migration. It provides an introduction to the issues involved in managing migration and reviews the current concepts and approaches to these issues within the global community. It is designed to help you, the user, to apply these concepts in your particular context. It is also designed to help you identify which of the various policy options or operational practices are appropriate to the needs and capacity of your country. The Course Manual is designed to be relevant and useful for all potential users. However, while it does not presuppose an existing familiarity with migration management concepts and issues, it is not intended for use solely by newcomers to this area of public policy. There is no perfect blueprint for managing migration. There are no right answers or ideal solutions; there are only approaches. Thus, the Course Manual is also designed to help more experienced policymakers to further develop their approaches and to consider other models in cases where the existing policies are found to be no longer effective. 4

Introduction to the Course Manual The Course Manual has more than 30 Sections in 3 separate volumes. Sections can be studied independently or in facilitated sessions. Sections can be studied in the order given by the Table of Contents or selected in combinations that serve particular interests. The connections between Sections are reinforced by references within a Section to related Sections. Each Section will require approximately three hours of classroom instruction with some variation based on the needs of participants and the length of the Sections. Sections delivered in facilitated sessions may be combined to meet a variety of learning needs over the course of a day or longer period. Introduction The Course Manual is developed from material contributed by international experts in four areas of migration management: foundations (Volume One) policies (Volume Two) practice (Volume Three) issues (Volumes One, Two, Three) The purpose of the Course Manual is to present the foundations, policies, practices, and current issues relating to international migration and the migration process. The Course Manual provides a knowledge base in non-technical format to support practitioners and policy makers. The course content will improve your ability to participate in migration policy development, operations, and management. The complete course begins with foundations in Volume One, develops policy ideas using this foundation in Volume Two, and studies management practices and options at a more operational level in Volume Three. Issues that face migration managers are raised in all three volumes. There are issues not only in each of the three areas of foundations, policy, and operations, but also in the overlap and connections between them. The learning activities in the Course Manual stress applications to each participant s experience and location. The intent is to improve the capacity of governments and communities around the world for effective migration management. Migration topics will attract participants from many education levels, disciplines, languages, regions, nations, and cultures. The target audience includes senior migration policy developers from around the world as well as IOM staff, practitioners, students, academics, humanitarian workers, non-governmental organization (NGO) activists, and others who are interested in expanding their knowledge of international migration issues and practices. Learners may be culturally and geographically diverse and have significantly different opportunities to access human and technological learning resources. Learners will be participants in a multi-level and international learning community. 5

Essentials of Migration Management Topic Two How to Use the Course Manual Participants in this course are encouraged to develop their own approach to studying each volume and each Section. The study material is very condensed and designed to be informative without lengthy supporting commentary. There is a great deal of information in each Section. The Course Manual takes major themes, key messages, and conclusions and organizes them under six headings that repeat at the beginning of each Section: 1 Section title and overview of Topics 2 Learning Objectives 3 Background 4 Guiding Questions 5 Key Message 6 Terms and Concepts A series of Topics follows in each Section to provide explanation, development, and application to migration practice and policy. Each Topic has a descriptive title, and each can stand alone and be studied by itself for specialized purposes. Before beginning to study any Section in the Manual, the Conceptual Model given in Section 1.2, A Conceptual Model for Migration Management, should be reviewed. This Section explains how to locate a particular Section in the larger framework of migration management. In addition, Section 1.1, Terminology, and the Glossary provide important terms and concepts that are used throughout the Course. 1. Read the introduction. 2. Study Section 1.1, Terminology. 3. Study Section 1.2, A Conceptual Model for Migration Management. 4. Choose a Section and examine the title page to identify the Topics that will be covered. 5. Study the Learning Objectives, Background, and Key Message for a description of the entire content for the Section. 6. Begin work on the individual Topics in the Section. 6

Introduction to the Course Manual A step-by-step description of how to use the Course Manual for independent study follows. It describes in first person language what a learner can do with the material under each heading in the Manual. Step one Examine the title page for a Section and identify the Topics that will be covered. Read any overview remarks that appear on the title page. Write down any questions you have so that you can refer to them at the end of the Section to see if they have been answered. Step two The first pages of each Section in the Course Manual provide a summary of the content and purpose of the Section. The Learning Objectives, Background, and Key Message provide you with a description of the entire content for the Section. Identify the purpose of the Section under these headings. As you read, shift your focus between the Terms and Concepts, Background, and Key Message to understand the major themes in the Section. Get a general idea of what the Section offers. How to Use the Course Manual The Learning Objectives for the Section are the intended learning outcomes. They describe what you will be able to do or what you will know as a result of working through the Section. Verbs used in each objective indicate what kind of objective is involved. When the objective is to understand something, there will be more expected than when the objective is to identify something. The Learning Objectives are presented at the outset to allow you to identify what you can expect to learn, and also to assess what you already know and what you need to work on. You will also complete a pre-delivery questionnaire if you attend a facilitated session. This questionnaire will ask you to rank the learning objectives for a Section in their order of importance to you. This information will help the facilitator determine the learning priorities for the Section as distinct from the learning objectives. Step three Refer to the Background to learn about the reasons for studying the Section. In the Background, a current situation is related to past events, practices, and decisions. Any relevant history is summarized to set the stage for the problems and issues that the Section will explore. Background information also identifies the need for the Section in the work of contemporary migration management. Ask yourself if the Background describes circumstances that you are familiar with, or if it stimulates new awareness for you. Note any points in the Background that you want to explore in the Topics that follow. Refer to the Guiding Questions and consider how to apply them to your experience and interest 7

Essentials of Migration Management in migration. The questions are reflective, they require some thought, and will involve you in an internal dialogue that can help you identify your thoughts on a problem or issue before you complete the reading and exercises for the Section. These questions may also be used by an instructor to open a group discussion during a facilitated session. Refer to the Key Message and think about the importance of the points noted there. The Key Message gives the main theme for the Section, and it may contain conclusions, recommendations, and summaries. The message unites the themes presented in the Topics for the Section and draws implications for practice. It may summarize major conclusions related to the Section in one or two statements. Respond to the Key Message by either affirming the message or questioning it. In either case, you will be able to explore your position in the Topics that follow where the basis for the Key Message is developed. Step four Refer to Terms and Concepts provided for the Section. Here, technical terms, acronyms, and concepts are explained to support your comprehension of the Section. Migration uses concepts from the domains of law, social sciences, statistics, geography, and political science. Use the explanations of terms and concepts to prepare for the reading that follows. Some terms may already be familiar to you, while others may need to be studied. The terms and concepts will appear in the Topics for the Section and they will be developed with examples and applications. Refer to the Glossary for a complete listing of all related terms and concepts used in the Course. Refer to any Appendices attached to the Section in the Course Manual. For example, the treaties and conventions that limit State authority are appended to Section 1.4, Authority and Responsibility of States. The application exercises in a Section may make use of the information contained in an Appendix. Finally, refer to the Resources for the Section, which includes a list of readings and links that document sources referred to and items recommended for further study. Step five Steps one through four have prepared the Section. Now, begin work on the Topics in the Section. General remarks are provided here for studying the Topics in a Section. Each Section will have two or more topics, identified by descriptive titles. The titles of each Section s topics will be listed on the Section-level title page. Topics will use standard headings in various sequences as explained below. Each Topic begins with introductory comments. These opening paragraphs may contain a statement of facts or a description of a trend, practice, problem, opportunity, or issue. A Topic will continue with further explanation and development by lists of Important Points and What you need to know points. 8

Introduction to the Course Manual Points are organized logically, for example: chronologically, point-counterpoint, pros and cons, rule/ exception, major factor-minor factor, direct and indirect effects. When a point is presented to encourage debate and position taking, it is introduced by the heading What do you think? Each Topic concludes with its own questions under the heading Apply what you have learned. Topics also include examples inserted in textboxes to illustrate points. Think of each point as a miniature lesson. Points will raise questions and you should write your comments and questions down as you work through a Topic. A descriptive rationale of topic-level elements follows to help you get the greatest value from the Course Manual. Important Points How to Use the Course Manual Immediately following the introductory text for a Topic, Important Points are presented in a numbered list. Lists are a convenient way to organize complex and detailed information (e.g., rules, exceptions to rules, or criteria for rules). Lists of Important Points have been developed to permit ease of reference in discussions and exercises and to facilitate ongoing self-assessment of what is noteworthy for you in a Topic. Look for the relationship between the points made in each list. General points come first, followed by supporting points and more specific facts and applications. All of the points can be united under the descriptive title for the Topic. What You Need To Know About This heading introduces essential information that you, as a practitioner and/or policy maker, should make sure you understand. A subject line is inserted after this heading to give a descriptive title to the list. Point form is used for ease of reference and to clarify the separation of ideas that relate to the same subject. This heading can appear several times in a topic, i.e., whenever need-toknow information is presented. The descriptive phrase that completes this heading will allow you to assess your interest in what follows. Some need-to-know points will have greater relevance for you. Spend the greatest time on the points with the greatest relevance to your interests in migration management. 9

Essentials of Migration Management What Do You Think? This heading introduces debate topics and questions that explore values and options. What do you think? is reserved for points that invite position taking in the field of migration management. These points ask you to apply a practice or principle to a general problem or to a problem in your setting. You will be asked to make recommendations, raise questions, or defend a position. Many Topics include a balanced, or pros and cons, survey of practices and policies. This heading encourages you to reflect on your region and to consider other regions, other perspectives, and future opportunities. In facilitated sessions, What do you think? can be used to set up reaction panels and debates. Examples, including hypothetical scenarios and actual stories, help organize and illustrate complex information. Examples appear in textboxes and are used to reinforce an explanation of a process, problem, or issue in a Topic. Example textboxes are opportunities to consider a scenario, story, or illustration of facts, and then draw conclusions or identify issues. A scenario gives a general description of a possible situation; a story uses actual case study material. Examples are located directly below the point they are intended to support. A small number of Topics include retrospective summaries of migration practice, events that produced current situations, and historical narratives that review events leading up to the present. This heading will help you locate your experience and region in a historical context. It also facilitates dialogue about alternative histories and exceptions that may be important. 10

Introduction to the Course Manual Apply What You Have Learned This heading appears at the end of each Topic. Exercises, usually formulated as questions, ask participants to apply the Topic content to their experience and region. The exercises are intended to support decision making and policy development by exploring implications, imagining scenarios, and applying need-to-know information to your migration work. The questions range from simple to more complex and may be adapted for group work and homework. You can choose the questions that fit your interests, skill level, and schedule. Assess yourself and then decide which questions to work on. How to Use the Course Manual Step six After completing all Topics, the Concluding Remarks give a wrap-up of what was covered in the Section along with any important conclusions and directions for policy and practice. The Concluding Remarks direct you back to the Key Message with suggestions about what to think about after the session is over. These remarks also provide an opportunity for final summation and for additional comments on, and reactions to, any of the Topics. As an independent learner, you will decide what priorities to set for yourself. The steps noted above are suggestions, not directions. Create your own approach to reading, taking notes, and asking questions. The opportunity for you to become a more informed migration manager will be realized as you determine what you need and then use the Course Manual to meet your self-identified needs. 11

Essentials of Migration Management Endnotes 1 World Migration Report, IOM, 2003 2 Replacement Migration is the international migration that would be needed to offset declines in the size of population, the declines in the population of working age, and the overall ageing of a population. 3 Manage is used in this Manual in the sense of promoting regular orderly migration and reducing irregular migration. 12