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“ Migrant Workers 1. Letter from the Secretary General

2. Letters from the Directors

3. Introduction of the committee

4. Introduction of the topic

5. History of the topic

6. Current situation

7. Past International Actions

8. QARMAS

9. Position Paper Guidelines

10. References Letter From the Secretary General

Dear Delegates and Faculty Advisors,

Last year the Casuarinas Debate Team organized our first conference called CASMUN, and once again it is an honor to have you back with us.

It has not been too long since the Casuarinas Debate Team started, and since then having our own Model UN competition was a goal: a difficult one, but not impossible to achieve. In 2020, we were planning to organize the conference at our school, following the measures for what appeared to be only a 3 month quarantine. However, because of the Covid-19 pandemic we were forced to organize a virtual conference, which we were able to accomplish through the hard work of our Faculty Advisors and the Casuarinas Debate Team.

This year is no different, and with much more experience in hand, we are organizing another virtual conference full of dedication, enthusiasm and transparency in order to offer all delegates a suitable space for self expression and formal discussions. Casuarinas Model UN is the result of the effort of many people, including our Faculty Advisors, your committee chairs, and all the members of our Secretariat who volunteered to participate. Personally, I would like to thank them all in advance for their commitment.

Finally, I would like to point out that Model United Nations is about having fun and learning not only about global issues, but also acquiring and improving soft skills that will benefit delegates in the long term. This is why we encourage all of you to actively participate in your committee sessions and make an effort to take advantage of the experience CASMUN has to offer.

We will look forward to having you at our Conference!

Letters From the Directors

Dear Delegates,

Welcome to the International Labour Organization of CASMUN 2021!!! My name is Vania Campana and I will be one of your directors for this conference. Before diving into committee-related affairs I would like for you to get to know me better, my MUN career began back in 2018 with my school’s delegation. Furthermore, in 2019 I joined the Peruvian Debate Society seeking new challenges, and have debated alongside them ever since. In my free time, I usually find myself reading, painting, listening to music, cuddling with my dog, or “googling” articles regarding politics and international affairs. Even though most of my debating experience focuses on international security-related topics, debated at DISEC and the Security Council, this year I decided to dive into social and humanitarian affairs. I’ve always been very interested in migrant workers since their adequate integration into the society they have migrated to face several obstacles in most countries worldwide.

I take MUN very seriously when needed, and this topic requires said seriousness, but I remain certain that the most important part of debating is enjoying your experience and having fun; those are my expectations of the committee. This weekend I’m looking forward to viable solutions that adapt the existing proposals of the UN. It is also extremely important for delegates to show interest in the topic that is being debated and in the ongoing negotiations inside blocs and between them, remember that having different policies does not mean negotiations between said countries are not encouraged. I am looking forward to creative speeches, with solid argumentation and content and very diplomatic negotiations. With that being said, if you have any doubts regarding the committee do not hesitate on contacting me. I wish you the best during the preparation previous to the conference, don’t forget it is very important to have fun!! Looking forward to zoom-meeting you,

Vania Campana Chair of the International Labor Organization [email protected] Letters From the Directors

Dear Delegates,

Welcome to the International Labor Organization (ILO)! My name is Nennele Rivadeneira, and, in a couple of weeks, I will have the great opportunity of being one of your Directors during these following days on this first virtual edition of Casuarinas MUN (CASMUN). Vania and I are very excited to meet you in the upcoming conference, with high expectations of you and hoping that you come with coherent and creative ideas and are full of your best attitude.

I am 19 years old, and I graduated from Villa Maria La Planicie back in 2018, currently studying Law at Universidad de . In 2016 I joined my school’s MUN team, with which I participated in national conferences, as well as in other ones abroad with United Schools of (USP). Since then, MUN has represented an important part of my life, enabling me to make great friends, know myself better, have great experiences, learn new things, gain useful life skills, and prove myself the things that I am capable of. I joined Peruvian Debate Society (PDS) last year to keep participating in this activity during university, and ever since I did that, I have had lots of fun and met some of the most important people in my life. As I look back now, I can tell you that debating has truly aided in my self-development and growth, so I hope that in this committee you have the opportunity to feel that as well.

Do your best while preparing for debate, and come to be the most diplomatic delegate in the room! Portray confidence and have fun! We will be very aware of your interactions with other delegates, with an appropriate use of english and a clear understanding of the topic. Finally, we hope we can all have a good time this weekend :) If you have any doubts regarding position papers, the topic or the committee in general, do not hesitate to ask us! You can contact us through the mail to which you will send your position papers or to the ones you will find under our names. We will gladly help you.

Good luck to everyone and see you at the conference!

Nennele Rivadeneira Chair of the International Labor Organization [email protected] Introduction of the Committee

The International Labour Organization was established in 1919, aiming to set labor standards, develop policies and devise programs promoting decent work for all women and men by bringing together governments, employers, and workers of most member States. Its labor standards are broadly aimed at ensuring accessible, productive, and sustainable work worldwide in conditions of freedom, equity, security, and dignity. The Organization works guided by 189 conventions and treaties, protecting freedom of association and ensuring an effective recognition of the right to collective bargaining, the elimination of forced labor, the abolition ofchild labor, and the elimination of discrimination in respect of employment and occupation.

Within the UN system, the organization has a unique tripartite structure: all standards, policies, and programs require discussion and approval from the representatives of governments, employers, and workers. This framework is maintained by its three main bodies: The International Labour Conference, the Governing Body, and the International Labour Office. Back in 1969, the organization received the Nobel Peace Prize for improving fraternity and peace among nations, pursuing decent work and justice for workers, and providing technical assistance to other developing nations. With its focus on international development, it is a member of the coalition of UN organizations aimed at helping meet the Sustainable Development Goals.

With increasing ease of transportation and globalization, the world is seeing more migrant laborers today than ever before. As of now, there are approximately 164 million migrant laborers, with some making up nearly 18.5% of the workforce in high income countries. Migrant workers are imperative to the economies of both their host and home countries, with millions each year sent back home in the form of remittances. Unfortunately, despite their value, they are often extremely vulnerable to exploitation and abuse in their host countries and offered minimal legal or social protections. Many migrant laborers face predatory subcontracting schemes, unsafe work practices, and have their legal documents confiscated upon arrival, leaving them hostage to the goodwill of their employers. Others are physically abused and have their wages withheld, trapping them in cycles of inescapable debt.

Delegates must find a common ground between allowing the free movement of labor in and out of a country, individual countries’ labor laws, and global shared standards for workers’ welfare and justice. The situation that migrant workers face is one that is especially precarious and difficult to address, considering that many host governments remain unaware of and do little to counteract the discrimination in job-recruting industry. Moreover, it is essential to discuss and find a common ground to deal with the difficulty of enforcing both the creation and enforcement of standards for migrant workers that are respected by both home and host countries. Introduction of the Topic

In order to properly understand the problem, it is important to define the term “migrant workers”, which according to the International Labour Organization is “an international migrant individual of working age and older who are either employed or unemployed in their current country of residence”. As of 2018, the ILO estimates that 164 million people are migrant workers, 96 million of which are men and 68 million of which are women. Meaning, migrant workers make up approximately 63% of migrants worldwide and constitute 4.7% of all workers. Thus, almost one of every ten people in the developed world is a migrant worker. In the present day, nearly 68% of migrant workers are employed in high-income countries, 18.6% in upper-middle income countries, and 5.6% low-income countries. For sake of clarity, the country from which a migrant emigrated is referenced as the “native” country, and the country to which a migrant emigrates is referenced as the “host” country.

Moreover, international labor migration has significantly increased in “some key migration corridors”.A migration corridor refers to the common migration between one area of the world to another. For instance, the Asia-Arab States migration corridors have seen significant growth. The number of international migrants coming from Asia to the Arab States has more than tripled, from 5.7 million in 1990 to 19 million in 2015. Labor migration, like most other forms of migration, is dictated by the “push” and “pull” factors of an individual’s home and receiving country. Push factors are the factors that compel an individual to leave one area and pull factors are those that make the host nation attractive. According to the World Bank, migrants from the poorest countries, on average, experienced a 15-fold increase in income, a doubling of school enrollment rates, and a 16-fold reduction in child mortality after moving to a developed country.

Additionally, The United Nations designated the following areas as “developed”: subregions of Europe plus Northern America, /New Zealand and Japan. In that sense, it is extremely important to recognize that migration patterns are intrinsically linked to the sustained and growing structural and income inequalities between the developed and developing world. Patterns of transnational migration are also heavily dependent on individual country policy; thus, migrant workers are also divided into those seeking permanent migration and those seeking temporary migration. History of the Topic

The problem: Vulnerable Groups

1. Temporary Migrant Workers

A temporary migrant worker is a worker that is brought to a destination country for a limited amount of time. Some fill permanent labor needs and others perform seasonal work, like in tourism and agriculture, and do so on a cyclical yearly basis. State-sponsored programs for temporary work do not give migrants the right to free choice of employment, which makes them dependent on their employers and susceptible to abuse. Temporary migrants do not share the social benefits that long-term residents enjoy and may be excluded from social security programs like health insurance and wage protection. The limited time a migrant spends in an area also prohibits them from becoming acquitted with the legal system to better advocate for their rights, due to language barriers, lack of exposure to the local law, restricted right to organize, and unstable status within a nation. Some countries explicitly exclude farm work from labor laws, which makes it incredibly difficult for migrant farm workers to advocate for their rights or better working conditions.

2. Domestic Workers

Another group of migrant workers that poses unique risks is the migrant domestic worker. Migrant workers are significantly overrepresented in domestic work, and are particularly vulnerable to abuse due to their isolated role within the home. Similar to other migrant workers, they are at risk of exploitation from predatory recruitment agencies and general mistreatment at the hands of their employers. But many also face exacerbated social and cultural isolation due to language barriers and their confinement within the home, as well as gender-based violence. Domestic migrant workers also lack sufficient legal protection in working standards, due tothe difficulty surrounding regulating domestic work at large, as many countries do not recognize domestic work as “work,” and thus, do not protect domestic workers by labor laws. This means they have no access to social security, no annual leave, and no minimum salary.

3. Migrant Women and Children

Migrant women are at risk of a twofold discrimination, as both migrants and women. On average, they are more dependent on their employers and are more likely to be irregular workers, which makes them increasingly vulnerable to abuse and exploitation. Many countries set a minimum age for women to migrate or ban low-skill women from migrating in order to protect them from abuse. However, in application, these bands often encourage women to resort to illegal or irregular migration, increasing the chance they enter precarious working conditions with low pay and exposure to violence and forced labor. Migrant women are also at risk of gender based violence. Some become pregnant as a result of rape and must seek unsafe abortions, as many countries threaten pregnant migrant workers with deportation. Few are also deceived by recruiters and end up in forced prostitution. History of the Topic

On the other hand, migrant children, as well, are more vulnerable to exploitation and abuse than their adult counterparts. A significant percentage of child laborers in domestic, informal, and agricultural work are migrants, as many are restricted to access to educational services and are thus forced to work. Migrant children who work within their employer’s residence as domestic workers and sweatshops are further vulnerable to psychological, sexual, and physical abuse. Often, a deliberate lack of distinction is made between child and adult migrants in relation to the minimum age for admission to employment. Recruitment agencies have been accused of deliberately recruiting children and falsely indicating that they are above 18 years of age through forged documents. Migrant children are also the most vulnerable to trafficking, with boys being vulnerable to forced labor and girls being vulnerable to sexual exploitation and sexual slavery.

4. Migrants in an Irregular Situation

Irregular migrants are those that do not have documentation or formal permission to work or reside within a nation. Many migrant workers enter a nation with appropriate documentation, or under the presumption that they hold such documentation, and then their documentation is then rendered ineligible for a variety of reasons. Irregular migrants are frequently the victim of labor exploitation due to their insecure status. They often accept lower wages than other migrants and nationals out of necessity, have limited access to social services, and live in perpetual fear of being arrested or deported. Due to a desire to not draw attention to their irregular status, many do not seek legal protection for their rights as workers and are denied payment of their salaries or appropriate health and safety regulations. According to ILO estimates, around 10-15% of all international migrants are in an irregular situation. Current situation

International legislation

1. Migration for Employment Convention (No. 97), 1949

Requires ratifying states to facilitate international migration for employment by establishing and maintaining a free assistance and information service for migrant workers and taking measures against misleading propaganda relating to emigration and immigration. Includes provisions on appropriate medical services for migrant workers and the transfer of earnings and savings. States have to apply treatment no less favourable than that which applies to their own nationals in respect to a number of matters, including conditions of employment, freedom of association and social security. As of 2017, only 49 ILO member states had ratified Convention 97.

2. Migrant Workers Convention (No. 143), 1975

Provides for measures to combat clandestine and illegal migration while at the same time setting forth the general obligation to respect the basic human rights of all migrant workers. It also extends the scope of equality between legally resident migrant workers and national workers beyond the provisions of the 1949 Convention to ensure equality of opportunity and treatment in respect of employment and occupation, social security, trade union and cultural rights, and individual and collective freedoms for persons who as migrant workers or as members of their families are lawfully within a ratifying state's territory. Calls upon ratifying states to facilitate the reunification of families of migrant workers legally residing in their territory. As of 2017, only 23 member states had ratified Convention 143.

3. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, 1990

Establishes international definitions for categories of migrant workers and formalizes responsibility of States in upholding the rights of migrant workers and members of their families. As of September 2017, 51 member states have ratified this convention, but none were major migrant-receiving countries.

4. Convention Concerning Decent Work for Domestic Workers (No. 189), 2011

First multilateral instrument to establish global labour standards for domestic workers, guaranteeing them the same basic rights as other workers. The convention established that domestic workers, regardless of their migration status, have the same basic labour rights as other workers, including reasonable hours of work, a limit on payment in- kind and clear information on the terms and conditions of employment. Employers of domestic workers must respect the fundamental principles and rights at work, including freedom of association and the right to collective bargaining. As of 2017, only 24 member states had ratified Convention 189. Current situation

As a final remark, it is important to recognize that many member states of the ILO have not ratified all the existing conventions on migrant workers; in fact, only , Italy, the Philippines, and Portugal have collectively ratified Convention No. 97, No. 143, and No. 189. Overall, 95 countries have ratified at least one of the four conventions outlined above.

Challenges faced by Migrant Workers

1. Predatory recruitment process

One of the largest challenges faced by migrant laborers occurs before they even leave their home country is the recruitment process. In order to seek employment in other countries, many workers must seek out the assistance of labor recruiters and employment agencies—which have been uncovered to be abusive. In some instances, these abuses have amounted to the trafficking of individuals for the purpose of forced labor. Although some recruiters are genuine in their efforts to place foreign workers with companies, the abuse of low-wage migrant workers by disreputable recruiters has been well documented by the international labor rights community. Migrant workers are brought to areas like Europe, , and the Gulf with promises of high-paying jobs and a chance at a better life. In reality, however, these jobs seldom exist and are oftentimes misrepresented to their clients, with recruiters either offering extremely low-wage jobs or no jobs at all. Furthermore, in order to secure a posting, migrant workers must pay egregious “recruitment fees'' that catapult them into a cycle of oppressive debt before they even earn their first paycheck. These recruitment fees can often equal as much as two to three years’ worth salary in their native countries. Oftentimes, workers must sign over deeds to their homes to recruiters in order to secure these contracts.

2. Sponsorship System and Licenses

An abusive recruiter can continue to exert their influence over migrant workers and extort additional money even after a worker is placed in a job, by utilizing lapses in frameworks. Tied work permits are a source of insecurity that both employers and recruiters exploit, these are permits that allow an individual to only work for the specific employer named on the permit, for a particular job, for a particular location, and for a specified amount of time. In that sense, if a migrant speaks out about potential abuse, their contract is terminated and their status within the country is revoked. More often, the tied work permit allows recruiters to immediately expunge the migrant worker of their authorized status in a country by placing them in a job that doesn’t align with the conditions labeled on the permit. This means that when workers arrive in their country of employment, they are not legitimate in status despite thinking they would have been. This leaves the worker without status, without a support system, and left with a debt that they must immediately start paying. The worker is then pushed into another job with worse conditions, pushing forward the cycle of abuse. Despite the fact that the United Nations recognizes that, “tying migrants to specific employers encourages labour exploitation,” many countries still recognize tied work permits as legitimate documentation. Current situation

3. Forced Labor

Despite the fact that migrant workers only represent 4.4% of the international workforce, migrant workers are at a much higher risk of being victims of forced labor than other workers. According to a 2012 ILO estimate, approximately 44% of all victims of forced labor had moved either internally or externally, classifying them as forced laborers. Certain sectors, such as agriculture, fishing, domestic work, and the electronics industry, are more susceptible to forced labor. Child migrants are also the most susceptible to forced labor, and often become victims of trafficking, which is among the worst form of child labor.

4. Poor Working Conditions

Migrants also must grapple with poor working conditions, exacerbated by a variety of factors. In many countries, migrants in dangerous sectors like construction are often not provided with the necessary training, medical supervision, protective equipment, and insurance in the case of an on-site accident. Furthermore, many migrants also have limited access to health care services, due to lack of transportation, distance, and insurance and are required to work despite any existing illness. These illnesses are often exacerbated by the poor living conditions that migrants are subject to, in which they lack basic infrastructure and services like electricity, potable water, and sanitation. Their living areas are often overcrowded, as many employers promise housing to their employers but fail to make any accommodations once they arrive. Subsequently, workers can also lose entitlements to social security benefits in their home country due to prolonged absence, as the principles of nationality and territory are often at odds in the national legislation of many countries. Past International Actions

Despite the fact that the ILO has four conventions in place that enumerate the rights of migrant workers, there are a variety of challenges in place that prohibit an enforcement of international standards. The traditional mechanisms in place for workers to lobby for their rights are not easily accessible for migrants, due to frequent lack of legal aid or language interpretation services. Migrants are often not aware of the existence of legal protections, and even if they are well versed in the law, many are hesitant to pursue legal action against their employers for a variety of reasons. As outlined earlier, their status in a country may be linked to their employer, they may lack the appropriate documents, or they may be stuck in an oppressive cycle of debt due to recruitment fees. Some cannot prove a work replacement due to a lack of written contract and others cannot provide witnesses to the abuses they endure out of fear that the witnesses may lose their job or their status within a country.

Traditionally, labor inspections have been encouraged by the ILO as an important tool to combat human rights violations against migrants in the workplace. However, a growing emphasis on immigration control and the subsequent criminalization of irregular entry has led to an increased cooperation between labor inspectors and immigration enforcement, decreasing the effectiveness of labor inspections in protecting migrants’ rights. An irregular migrant, or one who fears losing status, will be extremely reluctant to report any workplace violations to inspectors out of concern of deportation. This then leads to a creation of a “firewall” between migrants and public servants at large, such as police, school personnel, social workers, and legal representatives. Labor inspections are particularly challenging for domestic workers, as private households are typically off-limits to outside inspection. Employers exercise almost unlimited social and physical control over their employees due to migrants’ lack of social capital and community and family support.

On the other hand, states often enter bilateral agreements, or labor agreements between two states that help control the flow and treatment of migrant workers between two nations, in order to better address the challenges that migrant workers face. This is the most common form of regulation for interstate labor migration, and one that the ILO strongly endorses. A formal bilateral agreement establishes each nation’s commitments and may provide direct quotas. The less formal, and more preferable option for most nations, is a Memorandum of Understanding (MOU).

An MOU is a nonbinding agreement that is easier to implement, modify, and negotiate. For native countries, or countries of origin, these agreements allow for continued access to overseas labor markets and the ability to increase the protection and welfare of workers. For destination countries, these agreements help maintain a flow of labor that matches the needs of their employers and industrial sectors. QARMAs

1. How can the international community better encourage countries to enforce International Labor Standards? What are mechanisms the ILO can use to track the enforcement of said Standards?

2. How do we balance the free flow of labor with better practices regarding the citizenship status of migrant workers within a country?

3. Despite significant international and national legislation, third party recruiter agencies still exploit migrant workers. What can the international community do to better hold companies accountable to not utilize these agencies? What are alternative solutions to recruiting agencies?

4. Where do the existing International Labor Standards regarding the treatment of migrant workers fall short? Where are they too stringent?

5. What national legislation does your country have that addresses the plight of migrant workers? Is it properly enforced? Have they entered any bilateral agreements or regional agreements? Position Paper Guidelines

Every nation-state is asked to submit a position paper where they detail the policies of their country regarding the matter that will be discussed at the conference. Position papers should comply with the following format:

1. First paragraph: A brief introduction to the committee’s topic and how it relates to your assigned country or delegation You should mention quotes statistics and information that establishes that you are aware of the Topic’s Background. In here you should also mention some laws or measurements that your country has implemented.

2. Second paragraph: A summary of the past international actions taken by the UN, regional organization, or any international entity and your country’s position towards it. Here you can also mention some of the actions taken by your country or delegation.

3. Third paragraph: Your proposed solutions to the issues that your committee tries to address. You need to be concise, specific, realistic, and measurable. To write better solutions ask yourself these questions: ➔ What is my proposal about? ➔ What is the objective of my proposal? ➔ How will it work? ➔ Who will provide the funding? ➔ Who will supervise it? ➔ Can the UN do this?

The format of the document must be Times New Roman size 11 with regular margins and single spacing. And it must be no longer than 1½ pages, including references. Please, consider that the deadline to present the position paper is April 8th, and it should be sent to the following emails: - [email protected] - [email protected]

Thank you. References

● International Labor Organization, “Mission and impact of the ILO”, https://www.ilo.org/global/about-theilo/mission-and-objectives/lang--en/index.html ● Labor Migration Branch Department of Statistics, “ILO Global Estimates on International Migrant Workers”, https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/ publication/wcms_652001.pdf ● United Nations’ Department of Economic and Social Affairs Population Division, “International Migration Report 2017”, https://www.un.org/en/development/desa/population/migration/publications/migration report/docs/MigrationReport2017.pdf ● International Labor Organization, “Addressing governance challenges in a changing labor migration landscape”, https://www.ilo.org/wcmsp5/groups/public/---ed_norm/---relconf/documents/meetingd ocument/wcms_550269.pdf ● Labor Migration Branch Department of Statistics, “ILO Global Estimates on International Migrant Workers”, https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/ publication/wcms_652001.pdf ● International Labor Rights Forum, “Issues: Migrant Labor”, https://laborrights.org/issues/migrant-labor ● Labor Migration Branch Department of Statistics, “ILO Global Estimates on International Migrant Workers”, https://www.ilo.org/wcmsp5/groups/public/---dgreports/---dcomm/---publ/documents/ publication/wcms_652001.pdf ● United Nations Human Rights Council’s Special Rapporteur on the Human Rights of Migrants. “Labor Exploitation of Migrants”, April 2014. https://www.ohchr.org/Documents/Issues/SRMigrants/A.HRC.26.35.pdf ● International Labor Organization, “Bilateral agreements and regional cooperation”, https://www.ilo.org/asia/areas/labourmigration/WCMS_226300/lang--en/index.htm - BBC News, “ moves to protect rights of Indonesian maids”, http://www.bbc.com/news/world-middle-east-26259326 ● International Labor Organization, “Bilateral agreements and regional cooperation”, https://www.ilo.org/asia/areas/labourmigration/WCMS_226300/lang--en/index.htm