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Migration, Free Movement and Regional Integration

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Migration, Free Movement and Regional Integration UNESCO Publishing United Nations Educational, Scientific and Migr ation, free movement Cultural Organization Migr ation, Migr ation, free movement and regional free movement INTEGR Ation and regional In 2015, more than 244 million people were living away from their country of birth. Many of these had chosen a new residence INTEGR Ation within the frontiers of organizations within their own region, where human mobility has been increasingly stimulated by regional integration – a global trend interwoven with economic liberalization and enlarged markets. This publication documents from a cross disciplinary perspective the different approaches to free movement by some thirty regional organizations in Africa and the Middle East, the Americas and and the Caribbean, Europe and Central Asia, and Asia and the Pacific. It also presents a comparative review of the various measures taken and the obstacles encountered, to highlight regional INTEGR Ation current and emerging trends. Beyond the research community, these findings will be essential to decision-makers from the organizations under review and the United Nations system, as well as to policy-makers and civil society actors. Social and Human Sciences Sector United Nations Educational, Scientific and 9 789231 002588 Cultural Organization www.unesco.org/publishing Social Science Studies Series Migration, Free Movement and Regional Integration Edited by Sonja Nita, Antoine Pécoud, Philippe De Lombaerde, Kate Neyts and Joshua Gartland UNESCO – UNU-CRIS Published by the United Nations Educational, Scientific and Cultural Organization (UNESCO), 7, place de Fontenoy, 75352 Paris 07 SP, France, and United Nations University – Institute on Comparative Regional Integration Studies (UNU-CRIS), Potterierei 72, 8000 Brugge, Belgium © UNESCO and UNU-CRIS 2017 UNESCO’s ISBN: 9 789231 002588 This publication is available in Open Access under the Attribution ShareAlike 3.0 IGO (CC-BY- SA 3.0 IGO) license (http://creativecommons.org/licenses/by-sa/3.0/ligo/). By using the content of this publication, the users accept to be bound by the terms of use of the UNESCO Open Access Repository (http://www.unesco.org/open-access/terms-use_ccbvsa-en). The designations employed and the presentation of material throughout this publication do not imply the expression of any opinion whatsoever on the part of UNESCO concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The ideas and opinions expressed in this publication are those of the authors; they are not necessarily those of UNESCO and do not commit the Organization. Cover design: Corinne Hayworth Printed in Paris (France) by UNESCO Foreword In 2015, more than 244 million people resided in a country other than their country of birth; many migrated within their region or towards high-income OECD countries. Within this broader context, where migration is acknowledged as an ever-crucial parameter for development, this publication addresses the issue of the free movement of people within regional spaces. The scenario of free movement, its ethical underpinnings and its human rights, economic and social implications were explored in the UNESCO publication “Migration without Borders. Essays on the Free Movement of People”. Its success prompted UNESCO and UNU-CRIS to embark on an initial three-year research project (2008-2011) focusing on regional organizations, which was updated and expanded in the following years. This focus was driven by two interrelated considerations: the global trend of regional integration and its impact through economic liberalization and market enlargement on human mobility; and the potential role and comparative advantage of regional organizations in addressing migration challenges. This book brings together a host of well-known scholars to analyse, from a cross-disciplinary perspective, the different approaches to free movement used by some 30 regional organizations. It also presents a comparative review of the various measures taken and obstacles encountered by these organizations to highlight current and emerging trends. A dominant feature in regional arrangements, irrespective of the economic, ‘political-security’ and socio-cultural context, is the framing of free movement agreements around potential economic gains for citizens or a perceived shared regional identity. The latter is premised on common interests with regard to specific migration challenges and/or the mutual trust that is forged by a common past. Another important characteristic is the influence of domestic politics on the implementation of regional priorities. Concerns over border security and fears of political backlash in contexts marked by socio-economic inequalities may affect the commitment to arrangements seeking to further liberalize free movement and result in divergences from agreed regional standards. The aforementioned obstacles, the severity of which differs from region to region, have had significant consequences on the rights of migrants and most notably among the most disadvantaged. Against the backdrop of intensifying international efforts to reinforce migration-related commitments and relevant implementation frameworks, we hope that the findings presented in this publication will prove relevant beyond the research community, to decision-makers, policy-makers and civil society actors in Member States and organizations. Nada Al-Nashif Assistant Director-General for Social and Human Sciences, UNESCO ForewordMadeleine Hosli Director, UNU-CRIS Contents List of figures and tables viii Migration, Free Movement and Regional Integration: Introduction xi Sonja Nita, Antoine Pécoud, Philippe De Lombaerde, Kate Neyts and Joshua Gartland Part I: Comparative View 1 Free movement of people within regional integration processes: A comparative view 3 Sonja Nita Part II: Perspectives from Africa and the Middle East 2 The Southern African Development Community: a walk away from the free movement of persons? 47 Aurelia Segatti 3 Regional management of migration in West Africa: the case of ECOWAS and UEMOA 95 Lama Kabbanji 4 Prospects for free movement of particular persons in the East African Community: The feasibility and dilemmas of integration 119 John O. Oucho / George Odipo 5 Free movement of people within the Gulf Cooperation Council 149 Zahra R. Babar Part III: Perspectives from the Americas and the Caribbean 171 6 North American migration: Labour markets vs. political necessities 173 Isabel Studer 7 ‘We are all MERCOSUR’: Discourses and practices about free movement in the current regional integration of South-America 201 Carla Gallinati / Natalia Gavazzo 8 Regional migratory policies within the Andean Community of Nations: crisis vs. reinforcement of freedom of movement within the region 237 Mercedes Eguiguren 9 Introduction of free movement of people in the Caribbean 263 Floyd Morris Part IV: Perspectives from Europe and Central Asia 285 10 The European Union: from freedom of movement in the internal market to the abolition of internal borders in the area of freedom, security and justice 287 Philippe De Bruycker 11 Two decades of CIS coexistence: the transformation of the visa-free movement 313 Irina Molodikova Part V: Perspectives from Asia and the Pacific 345 12 Free movement within the ASEAN 347 Sophie Nonnenmacher 13 Migration agreements and regional integration in the Pacific 395 Graeme Hugo / Richard Bedford 14 Migration, free movement and regional integration: concluding remarks 427 Joshua Gartland, Kate Neyts, Philippe De Lombaerde, Antoine Pécoud and Sonja Nita Index 437 viii Figures and tables Figures 11.1 GDP per capita – US dollars in FSU countries (1991, 2000, 2008) 324 12.1 Economic architecture of regional and trans-regional forum 359 13.1 Pacific island countries 397 Tables 1.1 Selection of regional arrangements 5 1.2 Mandates of the regional organisations in the field of movement of people 7 1.3 Travel facilitation and rights of entry (legal provisions) 13 1.4 Regional labour mobility (legal instruments) 19 1.5 Rights of residence – legal provisions 26 1.6 Common travel documents at the regional level 28 1.7 Recognition of skills and qualifications at the regional level 30 2.1 Numbers and proportion of foreign miners on the South African gold mines 1990-2006. 49 2.2 Summary of co-operative measures required to give effect to provisions of SADC facilitation protocol 56 4.1 Features of regional integration arrangements 125 4.2 Provisions relating to free movement in the protocol of the EAC common market 132 4.3 Freedom of movement features in the EAC and pertinent aspects 135 8.1 CAN decisions related to migration according to area or action theme and kind of migration (1996-2004) 241 8.2 CAN decisions according to type of migration and entry into force 246 9.1 CARICOM skills certificates granted by nationalities between January 2006 and December 2010 (Jamaica) 273 9.2 Summary of implementation status of revised treaty of CARICOM countries for the free movement of people and labour 276 11.1 The integration, unions and organisations of CIS countries in 2010 315 11.2 Visa relations between FSU countries in 2010 317 11.3 Binding and divisive factors in the relations of CIS countries 318 11.4 Selected agreements on migration movements between CIS and EURASEC countries 320 11.5 Main migration flows between Russian CIS and other countries in 2007, 2008, 2009 and 2010 330 11.6 International migration (people) in 2007, 2008, 2009 and 2010 338 Figures and
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