INTERNATIONAL MIGRATION AND DEVELOPMENT: Continuing the Dialogue: Legal and Policy Perspectives INTERNATIONAL MIGRATION AND DEVELOPMENT Continuing the Dialogue: Legal and Policy Perspectives 1 The Center for Migration Studies is an educational, nonprofit institute founded in New York in 1964. The Center encourages and facilitates the study of sociological, demographic, historical, legislative and pastoral aspects of human migration movements and ethnic group relations. The International Organization for Migration, established in 1951, is the leading inter-governmental organization in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. With 128 Member States, a further 18 States holding observer status and offices in over 100 countries, IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants. The opinions expressed in this work are those of the authors. Publishers: 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: [email protected] Internet: http://www.iom.int Center for Migration Studies 27 Carmine Street New York, NY 10014 ISBN 1-57703-047-8 (alk. paper) First Edition © 2008 by The Center for Migration Studies of New York, Inc. and The 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. INTERNATIONAL MIGRATION AND DEVELOPMENT Continuing the Dialogue: Legal and Policy Perspectives Edited by Joseph Chamie And Luca Dall’Oglio Center for Migration Studies (CMS) and International Organization for Migration (IOM) 2008 INTERNATIONAL MIGRATION AND DEVELOPMENT Continuing the Dialogue: Legal and Policy Perspectives Contents Preface............................................................................................................... 9 Overview .......................................................................................................... 11 Joseph Chamie and Luca Dall’Oglio Opening Statements ......................................................................................... 25 Asha-Rose Migiro Brunson McKinley Joseph Fugolo PAPERS International Cooperation on Migration: From Cairo to the GFMD Migration and Development: International Responses and Partnerships ................... 35 Rogelio Fernandez-Castilla The Work of the Ayala Foundation for the GFMD ................................................... 39 Victoria Garchitorena MacArthur Initiative on Global Migration and Human Mobility ................................. 49 Milena Novy-Marx The Future of International Cooperation on Migration and Development Prospects and Limits of International Cooperation on Migration and Development in a New World Order: A Political Perspective from the European Union.................... 59 Gallya Lahav Migration and Development: Past, Present and Future ............................................ 71 Mark J. Miller A Global Dialogue on Migration and Development ................................................... 79 Irena Omelaniuk 5 Contents Legal and Policy Aspects Facts and Problems of Migration Policies ............................................................... 89 Antonio Golini Global Mobility and the Quest for an International Migration Regime ......................103 Rey Koslowski Critical Legal and Policy Issues Facing International Labour Migration .....................145 Nadia H. Yakoob Welfare, Rights and Integration of Migrants Challenges of Integration: The Second Generation in the United States and Europe ...159 Nancy Foner Culture and Religion in Migrant Integration .........................................................169 Archbishop Celestino Migliore The Migratory Experience of Portugal ..................................................................173 Bernardo Sousa Migrants in Development: Labour Migration and Role of Diasporas The Suma Agricultural Cooperative Society, Ghana and Italy ...................................183 Belinda Damoah Comfort The Costs and Benefits of Migration to Sending States: the More You Look, the Worse it Gets ...............................................................................................187 Rodolfo de la Garza Mobility and Development Regional Consultative Processes (RCPs): Ministerial Consultation on Overseas Employment and Contractual Labour for Countries of Origin in Asia: An Indonesian Perspective ............................................................209 Andre Siregar Research Priorities and Gaps Research Priorities and Gaps: An Agenda for the Global Forum on Migration and Development.....................................................................................................219 Susan F. Martin 6 INTERNATIONAL MIGRATION AND DEVELOPMENT Continuing the Dialogue: Legal and Policy Perspectives International Migration Policies: An Overview .......................................................231 Barry Mirkin Migration, Environment and Development: New Directions for Research Koko Warner and Frank Laczko ...........................................................................235 Endnotes .........................................................................................................253 7 INTERNATIONAL MIGRATION AND DEVELOPMENT Continuing the Dialogue: Legal and Policy Perspectives Preface International Migration and Development, Continuing the Dialogue: Legal and Policy Perspectives is the outcome of a two-day conference held on January 17-18, 2008 to consider and discuss recent major intergovernmental events on migration and development. The conference provided a unique and timely opportunity for experts, researchers, policy makers and programme officials to critically review the outcomes, implications and achievements of these events. In addition, it provided a candid appraisal of where the debate on international migration and development is likely to be heading. The conference was organized jointly by the International Organization for Migration (IOM) and the Center for Migration Studies, with the support of a grant from Dearfield Associates. We would like to seize this opportunity to express our appreciation to the Dearfield Associates for their generosity; to Ilse Pinto- Dobernig for her constructive editing and to Frank Laczko and the IOM Research and Publications Unit for the printing of this publication. This publication includes the papers prepared for the conference by nineteen invited experts and the opening statements by the United Nations Deputy Secretary-General, the Director- General of the International Organization for Migration and the Executive Director of the Center for Migration Studies. For reference, the final programme of the conference is included in an appendix. We would like to acknowledge and express our appreciation to the United Nations for its cooperation and valuable participation in the conference. The views and comments expressed in these papers are those of the authors and do not necessarily reflect the opinions of the International Organization for Migration, the Center for Migration Studies or Dearfield Associates. For further information about the conference or this publication, please contact Dr. Joseph Chamie, Center for Migration Studies, 27 Carmine Street, New York, NY 10014, or Mr. Luca Dall’Oglio, Office of the Permanent Observer for the International Organization for Migration to the United Nations, 122 East 42nd Street, Suite 1610, New York, NY 10168. 9 INTERNATIONAL MIGRATION AND DEVELOPMENT Continuing the Dialogue: Legal and Policy Perspectives Overview Joseph Chamie and Luca Dall’Oglio INTRODUCTION International migration has reached the top of the global political agenda. In addition to nations and regional groups, the larger international community is struggling with the question of how best to manage international migration, especially with regard to development and human rights. To date, however, there is little agreement on what should be done or, indeed, whether this is even an appropriate topic for discussion and recommendations at the multilateral level. For instance, migration has not been on the agenda of the United Nations as a global intergovernmental conference in the same way as conferences on the environment, urbanization and women’s issues, among others. Given its controversial nature, especially among receiving countries, achieving a global consensus on how best to address the many complex facets of international migration and development remains a tortuous and uneasy course in the foreseeable future. Although the “high-level dialogue” on international migration and development, convened by the United Nations General Assembly on 14-15 September 2006, only produced a “chairman’s summary” , it confirmed the need for a new and bold initiative, albeit outside the traditional UN framework. And, while the Secretary-General’s Report for the high-level dialogue proposed the establishment of a consultative forum for Member States to discuss issues related to international migration and development, the forum itself remains a voluntary, informal and non-binding process, not designed to produce negotiated outcomes. Yet, notwithstanding these challenges, the Global Forum on