• TABLE OF CONTENTS
HIDE
 Front Cover
 Title Page
 Table of Contents
 Preface
 Introduction
 Defining the issue
 The proposals and the remaining...
 Estimating genuine demand
 The new system explained
 Appendix
 Migration for employment project...














Group Title: World Employment Programme research working paper. WEP 2-26 / WP 36
Title: Regularising indocumentados
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00086910/00001
 Material Information
Title: Regularising indocumentados
Series Title: World Employment Programme working paper. WEP 2-26
Physical Description: 36 p. : ; 30 cm.
Language: English
Creator: Migration for Employment Project
Böhning, W. R
Publisher: International Labour Organisation
Place of Publication: Geneva
Publication Date: 1979
 Subjects
Subject: Alien labor -- United States   ( lcsh )
Genre: non-fiction   ( marcgt )
 Notes
Statement of Responsibility: by W.R. Böhning.
General Note: At head of title: Migration for Employment Project.
General Note: "April 1979."
 Record Information
Bibliographic ID: UF00086910
Volume ID: VID00001
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 77020962
isbn - 9221004007

Table of Contents
    Front Cover
        Front Cover
    Title Page
        Title Page
    Table of Contents
        Page i
    Preface
        Page ii
        Page iii
        Page iv
    Introduction
        Page 1
        Page 2
        Page 3
    Defining the issue
        Page 4
        Page 5
        Page 6
        Page 7
    The proposals and the remaining gaps
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
    Estimating genuine demand
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
    The new system explained
        Page 18
        Page 19
        Page 20
    Appendix
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
    Migration for employment project working papers
        Page 37
        Page 38
        Page 39
        Page 40
        Page 41
Full Text








WORLD EMPLOYMENT PROGRAMME RESEARCH


Working Papers


MIGRATION


FOR EMPLO Y.i E!T'


REGULARISING


INDOCUMENTADOS


W.R. Bohning


International Labour Office, Geneva


PROJ CT








WEP 2-26/WP 36


WORLD EMPLOYMENT PROGRAMIIE


Working Paper


MIGRATION FOR EMPLOYMENT PROJECT

REGULARISING INDOCUMENTADOS


W.R. Bbhning











Note: Working Papers are preliminary material circulated
to stimulate discussion and critical comment.
Copyright International Labour Organisation
Geneva, April 1979









TABLE OF CONTENTS


Page


A. PREFACE, by W.R. Bohning ....................... .... ii

B. REGULARISING INDOCUMENTADOS, by W.R. Bohning ... 1

I. INTRODUCTION ................... ......... 2
II. DEFINING THE ISSUE ...................... 4
III. THE PROPOSALS AND THE REMAINING GAPS ..... 8
IV. ESTIMATING GENUINE DEMAND ................. 13
V. REGULATING GENUINE DEMAND ............... 17
VI. THE NEW SYSTEM EXPLAINED.................. 18

C. APPENDIX

I. INTERNATIONAL LABOUR CONFERENCE:
CONVENTION (No.97) CONCERNING MIGRATION FOR
EMPLOYMENT (REVISED 1949) ................ 21

II. INTERNATIONAL LABOUR CONFERENCE: CONVENTION
143: CONVENTION CONCERNING MIGRATIONS IN
ABUSIVE CONDITIONS AND THE PROMOTION OF
EQUALITY OF OPPORTUNITY AND TREATMENT OF
MIGRANT WORKERS ...................... 30

III. EXCERPT FROM W.R. Bbhning, "INTERNATIONAL
MIGRATION IN WESTERN EUROPE: REFLECTIONS
ON THE PAST FIVE YEARS", INTERNATIONAL
LABOUR REVIEW (GENEVA), Vol. 118, No.4
(JULY-AUGUST 1979) ................. ..... 34

D. MIGRATION FOR EMPLOYMENT PROJECT: WORKING PAPERS 37







- ii -


A. PREFACE


This is the thirty-sixth paper to appear in the World
Employment Programme working paper series of the research project
on Migrationfor Employment. The aim of the project is to
investigate the implications of international migration movements
from low-income to high-income countries for economic and social
policy making.

This is the first paper concerned with issues in North
America. It relates to the proposals of President Carter "to
help markedly reduce the increasing flow of undocumented aliens
(in the U.S.) and to regulate the presence of the millions of
undocumented aliens already here" (Message of the 'White House
to the Congress of the U.S. dated 4 August 1977). The paper
was originally prepared in October 1977 in response to a request
by Mr. Abba P. Schwartz when he set out to review the working
of the U.S'. Immigration Act, 1965, of which he had been the
architect in the Kennedy and Johnson administrations. Brief
though it is, this paper seeks to provide a broad analysis
of the issues and the outline of a measure supplementary to the
Carter proposals. The analysis as well as the suggested measure
remain valid today. It is for this reason that the basically
unchanged paper is now being made available to interested persons
and bodies.

The paper is relevant for two key reasons. First,, since the
hearings held during the 95th Congress2 there has been a rising tide
of opinion in favour of some kind of "guest worker" programme


See A.P. Schwartz, The Open Society, introduction by
A.M. Schlesinger, Jr. (New York, Simon and Schuster, 1968)
2
U.S. Congress, Senate, Committee on the Judiciary,
S.22 52: Alien Adjustment and Employment Act of 1977 (part
1 and 2), Hearings, 95th Congress, 2nd sess., May 3,4,9,10,11,
16,17,18, September 1 and 2, 1978 (Washington, U.S. Govt.
Print. Off., 1978);and U.S. Congress, House of Representatives,
Select Committee on Population, Legal and Illgal Immigration to
the United States, Report, 95th Cong., 2nd sess., December 1978
(Washington, U.S. Govt. Print. Off., 1978).








- iii -


to handle future labour migration. The Select Committee on
Population of the House of Representatives actually recommended
"study of the possibility of instituting an expanded legal
guest worker program in the United States in order to exert
more control over the present illegal flow of foreign workers".
The Joint Economic Committee of the U.S. Congress has already
commissioned such a study. The proposal contained in this paper
follows the lines of some of the principles of Western European
guest worker policies. But in some other respects it reflects
my personal conviction that the discrimination in matters of
economic and social rights associated with guest worker
policies (even where the jobs in question are not temporary) is
(i) undesirable in the fundamental interests of the migrant
workers and of the developing emigration countries, and is
(ii) incompatible with the tenet of non-discrimination that
is the justly cherished result of the development of Western
economic and social philosophy. As I have recently formulated
these thoughts at greater length for publication elsewhere,2
I append the pertinent section from that article to this paper
to permit interested readers a fuller examination of these
views.

Second, international migration is an emotional and
value-laden topic in which the numbers of people involved are
the crucial point of reference. Sooner or later, therefore,
any guest-worker type of programme will have to decide the
ceilings) of one or several categories. One option would
be to have no ceiling (as was the case in the heyday of Western



Report, op.cit., pp. 5-6
"International Migration in Western Europe: reflections
on the past five years, International Labour Review, Vol. 118,
No.4, (July-August, 1979).







- iv -


European temporary labour immigration policies); but this
does not seem to be considered desirable or feasible by any
important segment of opinion in North America.

This paper rationalises one particular figure on grounds
of smooth adjustment and political possibilities. However,
it is not the ceiling as such which is important (except in
the sense that it must attract the widest possible political
support) but the approach in which it is embedded, namely
the pre-determined step-wise reduction and review of the
figure over a fixed period of years.





April 1979 W.R. Bohning

























B. REGULARISING INDOCUMENTADOS


by

W.R. BBhning
(International Labour Office)














The author is a staff member of the ILO. However,
the views expressed here are his own and not necessarily
those of the ILO.







- 2 -


I INTRODUCTION

The question of the so-called undocumented alien
immigrants in the United States is "probably the most complicated
human and political problem before the nation today", wrote
columnist James Reston when the Carter Administration's proposals
for regulating it were unveiled on August 4, 1977.1 A Library
of Congress study stated: "As measured by the number of bills
introduced, illegal aliens were the aspect of immigration of
greatest general legislative interest during the 94th Congress.
More than 50 bills, some identical, were devoted in whole or
in part to this subject."2 In the 95th Congress more than
double that number of bills were introduced!

What is the problem? On the surface, it is a problem
of numbers, of ethnic fears, of job fears, of exploitation,
and of law enforcement or the lack of it.

It is a problem of numbers in the sense that illegal
in-migrants are believed to be a sizeable portion of the United
States population. Just how sizeable it is, nobody knows.
"Estimates range from 2 to 12 million", stated the White House
fact Sheet on August 4, 1977. Popular restrictionists can
therefore make political mileage by raising the spectre of an
"alien invasion".

It is a problem of ethnic fears because the bulk of the
undocumented aliens are Mexicans who, although ethnically
indistinguishable from a large part of the U.S. population, do
not fit restrictionist notions of the composition of the U.S.



1James Reston, "The Illegal Alien Tangle in the U.S.",
International Herald Tribune, 6-7 August, 1977.

2U.S. Congress, House of Representatives, Committee
on the Judiciary, Illegal Aliens: Analysis and Background
95th Congress, 1st sess., (Washington, U.S. Govt. Print. Off.,
1977), p.1 (hereafter cited as House Analysis).







- 3-


population.

It is a problem of job competition but only insofar as illegal
in-migrants become an issue whenever the economy slows down,
jobs become scarce and people scared.

It is also, to a considerable extent, a problem of
sub-standard wages, working and living conditions.1 Exploitation
is, however, a relative concept, i.e. relative to what the
lawmakers in question regard as locally acceptable minimum
standards. For the migrants, the contention that wages might
be higher if they were not there is not particularly helpful.

It is,finally, a problem of law enforcement in respect
of both workplace standards and immigration law. As regards
the latter, although the U.S. Immigration and Naturalization
Service (INS) has in recent years regularly apprehended over
three quarter million foreigners who flouted the immigration
law, there are apparently millions who circumvented it and v,
were not caught by the law.

Numbers, fears, exploitation, broken laws all these
are symptoms. But what are the causes?



For evidence see e.g. David S. North and Marion F. Houston,
The Characteristics and Role of Illegal Aliens in the U.S.
Labour Market: An Exploratory Study (Washington, Linton and Co.,
March 1976), especially pp. 127-137; J. Craig Jenkins,
The Demand for Immigrant Labour: Labour Scarcity or Social
Control? [draft MS, now in International Migration Review
(New York), Vol. 12, No.4 (Winter 1978), pp.514-535]; and
Vernon M. Briggs, Jr., "Mexican workers in the United States
labour market: a contemporary dilemma", International Labour
Review (Geneva 0 Vol. 112, No.5 (November 1975), pp. 351-368.








- 4 -


II DEFINING THE ISSUE

Illegal in-migration is not one issue having one cause but
comprises several issues with multiple causes. A very brief
statement of the basic question with some inevitable simplification
goes as follows. There are aliens who enter the U.S. through
a designated port of entry with an illicit visa or border crossing
identification card, and there are others who have legitimate
documents but who violate the terms of these documents by
overstaying or working or both. These are commonly lumped
together and referred to as "visa abusers". Then there are aliens
who surreptitiously cross the border without a visa or border
identification card. These are the cases of "entry without
inspection". According to the prevailing consensus, visa
abusers constitute a small minority of the inflow of illegal
in-migrants but a considerable minority of the stock of illegals.
They come from virtually every country of the world and have varied
population and labour force characteristics. Entrants without
inspection come predominantly from Mexico and tend to be young,
unskilled male labourers.


1 General support for this categorisation can be gleaned from
INS apprehension statistics (even though they imperfectly portray
reality and under-represent visa abusers) and from surveys of the
different groups of illegal in-migrants. For a sample of the
statistics, see House Analysis: "Of the deportable aliens
apprehended in fiscal year 1975, 87 per cent had entered the
country surreptitiously, and 99 per cent of these entries were
across the Mexican border. Of the 13 per cent who violated the
terms of their admission, more than half were temporary visitors,
or tourists, followed by foreign students, immigrants, and alien
crewmen" (p.7). It should be noted that only about half the
crewmen are wilful violators of the law. Similarly, a proportion
of the visitors and students are illegals by oversight rather
than evasive action. For a survey of both visa abusers and entrants
without inspection see D.S. North and M.F. Houston, op.cit. As
the authors surveyed apprehended aliens, they could not provide a
fully reliable characterisation of the whole of the illegal
in-migrant population. The reporters of the hearings of the Hi.use
Select Committee on Population ventured an estimate of the visa
abuser's share of the stock of illegal immigrants, which they put
at 40 per cent because of their higher tendency to stay compared
with entrants without inspection. See U.S. Congress, House of
Representatives, Select Committee on Population, Legal and Illegal
Immigration to the United States, Report, 95th Cong., 2nd sess.,
December 1978 (Washington, U.S. Govt. Print. Off., 1978) p.2.







- 5-


The visa abusers tend to be individuals who follow their
own inspiration or possibly that of settled family members. There
is no discernible social or economic demand for this heterogenous
group of people arising from within the U.S. They are a problem
of the enforcement of immigration law. This diagnosis is
strongly confirmed, at least as far as control of entry is concerned,
by the INS "Fraudulent Entrants Study". When able to inspect
thoroughly, immigration officers weeded out more than 10 times
the routinely found number of malafide applicants for admission.
Effective border controls could, therefore, reduce the problem
of visa abusers to negligible numbers. Thus visa abusers need
not concern us further here.

The case of entrants without inspection, especially of
Mexicans, presents a different picture. Since the turn of the
century, U.S. employers have actively recruited them or willingly,
often preferentially engaged them when they were short of labour.2
A quarter of a century ago, agrobusiness interests in the
Southwestern states of the U.S. secured the so-called Texas,
proviso, (section 274 (a) of the Immigration and Nationality
Act of 1952) which exempted employers from penalties for hiring
illegal in-migrants. Today, Mexican labourers can be found in
roughly equal proportions in agriculture, manufacturing and services.
Agrobusiness has been joined by construction, the car supply
industry, garages, hotel and catering, etc., involving particularly
small or medium-sized urban employers. In other words, the U.S.
economy articulates a demand for Mexican labourers. This demand
is structural, i.e. ingrained and continuing irrespective of the




U.S. Department of Justice, Immigration and Naturalisation
Service, Illegal Alien Study, Part 1: Fraudulent Entrants Study
(n.p. [Washington], September 1978).
2
The politics of the first part of this period has been
recorded by Mark Reisler, By the Sweat of their Brow: Mexican
Immigrant Labour in the United States, 1900-1940 (Westport,
Connecticut, Greenwood Press, 1976).







- 6 -


short-term ups and downs of the economy. Without this demand,
there would probably still be illegal Mexican in-migrants,
but their flow numbers would be incomparably smaller, their
characteristics would resemble those of the visa abusers, and
the remaining problem would essentially be of law enforcement.

Analytically speaking, the pronounced income differential
between the source areas of indocumentados and the U.S. is
a necessary but not a sufficient condition of the massive number
of surreptitious entries across the border between the two
countries. Conversely, the existence of a systematic demand
for Mexican labourers in the U.S. is a necessary and sufficient
condition of the phenomenon of indocumentados. If there were
no such demand, the number of these people would be very small,
regardless of income differentials.2

Other explanations of the phenomenon, especially the
run-of-the-mill "push" and "pull" constructs, fudge the issue,
the more so if their scales tip on the side of the "pushing"
millions. Of course, a "push" exists, perhaps not so much in
poverty per se as in the breakdown of rural estate societies
and the mobilisation of people during the process of development.3


See the regression analyses in J.C. Jenkins, op.cit.;
idem, "Push/Pull in Recent Mexican Migration to the U.S.",
International Migration Review (New York), Vol.11, No.2 (Summer
1977) pp. 178-189; and in Parker Frisbie, "Illegal Migration from
Mexico to the United States: A Longitudinal Analysis", International
Migration Review (New York), Vol.9, No.1 (Spring 1975), PP. 3-13.
2
It should perhaps be emphasised that the distinction
between necessary and sufficient conditions refers to cause-effect
relationships which do not carry moral overtones.

SAs briefly mentioned by E.R. Stoddard in his penetrating
"Conceptual Analysis of the 'Alien Invasion': Institutionalised
Support of Illegal Mexican Aliens in the U.S.", International
Migration Review, (New York), Vol.10, No.2, (Summer 1976),
pp. 157-189, here p.164. A similar observation was made by the
U.S. Domestic Council Committee on Illegal Aliens, Preliminary
Report (Washington 1976), p.43 ( hereafter cited as Domestic Report).








- 7-


And there are, indeed, more and better-paid employment opportunities
available in the U.S. than south of it. But it bears
repetition that the indocumentados move to take up these
opportunities because U.S. employers systematically make these
opportunities available to them.

That the jobs in question are not taken by local residents
is due, to some extent, to their low attraction in terms of pay,
conditions and status. "These jobs are willingly taken by workers
from other countries and U.S. employers are anxious to hire
unskilled foreign-born labour because it is cheap and industrious.
This availability of work and the lack of sanctions for hiring
illegal aliens is the single most important incentive to migration
creating the pull ..."



This phenomenon is generally referred to in the U.S. as
the "secondary labour market". See e.g. Michael Piore,
The Role of Immigration in Industrial Growth: A Case Study of
the Origins and Character of Puerto Rican Migration to Boston
(Cambridge, Mass., MIT, May 1973; Department of Economics
working paper No.112); and idem, Undocumented Workers and United
States Immigration Policy (Cambridge, MIT, December 1977; Centre
for International Studies working paper [C/77-18]). In Western
Europe, a partly identical and partly different phenomenon became
known under the misnomer "socially undesirable jobs". See e.g.
W.R. Bbhning, "Determinants of Labour Immigration in Industrialised
Countries of Western Europe", in Basic Aspects of Immigration
and Return Migration in Western Europe (Geneva, ILO, July 1975;
World Employment Programme research working paper [WEP 2-26/WP 1];
restricted).

2
Domestic Report p.42. In fact, the sentence ends
with the words "creating the pull portion of the equation".
The word "equation" is misleading, however, in suggesting a
balance of factors that are comparable in importance, "push"
and "pull", which is analytically untenable.








- 8 -


III THE PR POSALS AND THE FRi.TTUING GAPS

President Carter's message to Congress contained the following
proposals:

(a) Illegal in-migrants ;ho entered before 1970 end who had
resided continuously in the U.S. since that time should
be granted a full amnesty and given the status of
permanent resident aliens. This would make them eligible
to apply for family reunification immediately and for
citizenship five years hence.

(b) Illegal in-migrants vWho entered between 1970 and 1977,
and who had been continuously resident should be granted
a partial amnesty and given the status of temporary
resident aliens. Unlike permanent resident aliens,
temporary resident aliens would be ineligible to receive,
not only family members and citizenship, but also such
federal social services as Medicaid, Food Stamps,
Aid to Families with Dependent Children, and Supplementary
Security Income. However, they could live and work in
the U.S. for five years without fear of deportation.
(Aliens entering after 1 January 1977 would not be
eligible for this new residence status and would be
deported).

(c) A civil penalty of $1,000 per worker should be imposed
on employers who could not prove that they had seen one of
a number of acceptable documents testifying a worker's
citizenship or legal status. Actions for civil penalty
could be brought by the Attorney General only if he



The amnesty provisions were justified as follows: "I have
concluded that an adjustment of status is necessary to avoid having a
permanent 'underclass' of millions of persons who have not been and
who cannot practicably be deported, and who would continue living
here in perpetual fear of immigration authorities, the local
police employers and neighbours." Message of the White House
to the Congress of the U.S. dated 4 August 1977.







-9-


determined there is cause to believe the employer
has engaged in a "pattern or practice" of hiring
indocumentados.

(d) Two thousand agents should be added to the INS border
patrol, an increase of 40 per cent, to prevent illegal
entry from Lexico.

(e) The annual immigration quotas for Mexico and Canada
should be increased from 20,000 for each to a combined
total of 50,000 and allocated according to demand.

(f) Assistance to Mexico and other countries should be
increased to contribute to job creation and education
to give their citizens more incentive to stay at home.

The actual bill1 deals with:



For the text of the bill and a section-by-section analysis
prepared by the Department of Justice, see Interpreter Releases
New York), Vol.54, No.42 (12 October 1977). The bill, .2252, was
introduced in the Senate in October 1977 by Sen. James 0. Eastland
(D.-Miss.), Chairman of the Senate Judiciary Committee, on behalf of
himself and Senators Kennedy (D.-Mass.), Bentsen (D.-Texas) and
De Concini (D.-Ariz). An identical bill, II.R. 9531, was introduced
in the House in October 1977 by Rep. Peter W. Rodino, Jr. (D.-N.J.),
Chairman of the House Judiciary Committee. With the adjournment
of the second session of the 95th Congress in October 1978, all
pending bills died. The "Alien Adjustment and Employment Act"
will undoubtedly be reintroduced in the 96th Congress.

The bill actually handles only points (a), (b), and (c) above.
However, it also has provisions falling somewhere between (c) and
(d) by making it a crime to assist, knowingly and for gain, an
undocumented alien in obtaining employment or to enter into a
contractual arrangement to facilitate the employment of an
undocumented alien. The penalty, for each alien involved, would be
a maximum fine of $2,000 or up to five years' imprisonment or both.







- 10 -


the distant past in terms of providing full and effective
equality of opportunity and treatment for the potential number
of 765,000 alien permanent residents (this is the official
INS estimate of the people eligible);1

the recent past in terms of an ex post facto guest worker
2
status for perhaps as many as five million people; but
in doing so it inflicts conditions on these people that are
(i) harsher than is the practice in Western Europe today
and (ii) not fully in line with the letter and spirit of
related international minimum standards;3

one aspect of the future in terms of making it unlawful
for employers to hire illegal in-migrants and another aspect
by seeking to deter individuals who broker jobs for illegals
or who act as agents for smugglers.4

The proposal for employer sanctions is apparently based on
the assumption that "such sanctions would achieve a high level of
voluntary compliance simply by being legislated as federal




See Interpreter Releases, op.cit., p.362.

Idem, p.364.

SThat is, the ILO Migration for Employment Convention
(Revised), 1949, (No.97); the Migration for Employment Recommendation
(Revised), 1949 (No.86); The Migrant Workers (Supplementary
Provisions) Convention, 1975 (No.143); and the Migrant Workers
Recommendation, 1975, (No.151).

Member countries of the ILO which ratify Conventions
thereby voluntarily incur the obligation to adhere to their
provisions. Recommendations have a non-binding, advisory character.
The text of the two relevant conventions has been appended for
information.

4 Whidh is in line with part I of the related Migrant
Workers (Supplementary Provisions) Convention, 1975.







- 11 -


policy."1 But how many employers can reasonably be expected
to comply? What are they to do if illegal in-migrants in their
employ do not come forward for identification and amnesty? And
how are they to fill workplaces of applicants for amnesty who
cannot reliably prove "continuous residence" and who will
therefore be deported?

Employers, not surprisingly, have expressed some concern,
partly because they do not wish to assume police functions, and
partly because in several areas and industries their production
systems are based on the availability of cheap, plentiful and
motivated workers. From the employers' point of view as well as
from the larger society's point of view it would be eminently
more sensible to enter into a gradual process of adjustment in
place of the dislocation, inflation and unemployment among
countless U.S. citizens that would follow from overnight changes.

Undocumented alien workers are not a marginal element
of the United States labour market. They are necessary for the.
smooth functioning of the economy as it exists today. In the
final analysis the employment of illegals can be attributed to
the way people want to be treated in hospitals, served in hotels




As the Domestic Report, p.112, anticipated it. This
expectation is borne out by a comparison of resource requirements.
The INS cost estimates for the full amnesty of 765,000 aliens
over a period of two years amount to $18,461,000 and involve
275 officer positions at an average of 30 minutes per case and
577 clerk positions at an average of one hour.

The whole of the sanctions programme is estimated to cost
$4,283,000 in manpowerplus $4,000,000 for publicity of the new
law and regulations, which seems inordinately little in relation
to some 8 million U.S. employers and untold thousands of middle-
men. For data see Interpreter Releases, op.cit., pp. 362 and 366.







- 12 -


or restaurants, eat cheap fruit or vegetables, afford a
good car and decent accommodation, etc. and are unwilling to
fill many of the jobs connected therewith. Today's social-cum-
c.onsumption-cum-production patterns are ingrained. In the
short run, they cannot be changed as far as their human component
is concerned, and they should not be unduly disrupted as far
as their production component is concerned. If genuine demand
for indocumentados is decreed to be illegal from one day to
another, law-abiding employers will either seriously suffer
by complying (as will complementary U.S. workers and consumers
generally) or will use the ample legal means at their disposal
to defend themselves. Other might run the risk of employing
illegals and do so less scrupulously than before. In any case,
untold harm will be done to the poorest of the poor who occupy
these jobs the migrants.

The proposed legislation does not eliminate the genuine
demand for Mexicans that will continue to exist beyond the
numbers effectively.covered by the amnesty. In these circumstances,
would it not be wiser to recognize the inevitable and regularise
the "invisible" by legally satisfying the remaining genuine
demand for Mexicans? Furthermore, once legalised and controlled,
would it not be more promising to adjust the U.S. economy
through a monitored decrease in numbers? In the medium and
long term, some alternatives to genuine demand for illegals
may exist, for instance in the form of new machinery, different
work organisation or improved pay and conditions plus higher
mobility on the side of U.S. workers.



1 As suggested by M. Piore, Undocumented Workers ...,
op.cit.







- 13 -


IV ESTIMATING GENUINE DEMAND

What is genuine demand for indocumentados? How much of it
will remain uncovered after the enactment of the Carter bill?
Congressional consideration of these questions will inevitably be
political in nature. Hard data are unavailable and the experts
disagree. Still, it may be useful to case light on the factors
to be taken into account and the assumptions to be revealed, to
see whether or not they are defensible and complete. This is the
purpose of this section. The scheme on the following page graphi-
cally illustrates the key factors considered here. The simplifying
assumptions used are as follows:

(1) All active undocumented aliens as defined by the law are
in genuine demand. The reason for this assumption is
that U.S. employers do not provide work as a charity.
However, it is admitted that a few of the migrants may
not reflect truly genuine demand. For instance, it is
known that some indocumentados hibernate in the back-rooms
of fellow countrymen, Chicanos or even "White Anglo-
Saxon" citizens, being sometimes useful but rarely neces-
sary, living out time or working off a favour.2 The
size of this group, NG, is unknown. In principle, its
members may be expected to apply for amnesty and to be-
come legal labour force participants. In order not to
complicate matters unnecessarily, the NG group has not
been parcelled out among the various parts of the in-
migrant population but kept as a whole until the end of
the exemplification.

(2) The INS estimates of the number of aliens eligible for
permanent or temporary resident alien status, 765,000
and (up to) 5 million respectively, are substantially
correct.

(3) Four out of five people in each group are economically
active,3 i.e..612,000 and (up to) 4 million respectively.


See e.g. E.R. Stoddard, op. cit.

2 Which constitutes a "personal (as opposed to institutional)
relationship between the supervisor and his subordinate" and points
to the "secondary labour market"; see the works of M. Piore, op.
cit. Domestic service as defined by the law would, in my opinion,
constitute genuine demand for labour.

This is a guestimate based on the North-Houston survey, op.
cit. Although the authors do not themselves estimate the share of
active persons in the total illegal population, the 80 per cent fi-
gure can be derived from their base data.







Figure 1: Schematic representation of variables relating to illegal population in U.S.



= Population covered by I
amnesty bill
PA = Permanent Amnesty pop.
HPA = PA remaining hidden a b /
RPA = PA refused amnesty

TA = Temporary Amnesty pop.
HTA = TA remaining hidden
RTA= TA refused amnesty PA -HPA. RPA,': NC'"

NCR = Not Continuously
Resident .

G = Growth through immi-
gration since INS
estimate NG G I

I = Inactive

NG = Not Genuine demand


= Current genuine demand TA HTA-'-- RTA. NCR .
satisfied by illegals

= Genuine demand that may
by satisfied through Note: Size
mechanisation etc. (see a of areas
Stext for a, aa, b etc.) does not
indicate
'\'.'=Genuine demand that relative
remains to be satisfied proportions
.. after amnesty







- 15 -


(4) Nine out of ten active aliens who are eligible for
permanent resident status will come forward, the other
61,200 will remain in hiding (HPA).1 Among those who
are eligible for temporary resident alien status, only
eight out of ten active will apply; (up to) 800,000 will
not dare to do so (HTA). Thus (up to) 861,200 work-
places for which at present there exists a genuine demand
and which'hitherto have been filled with illegal in-
migrants are under threat of precipitous disappearance or
further illegality.

(5) One out of ten applicants will not be granted amnesty on
some technical grounds (for instance, false or incomplete
documents). This means that there will be 55,080 unsuc-
cessful applicants for permanent residence(RPA) and (up
to) 320,000 unsuccessful applicants for temporary resi-
dence (RTA). (Up to) 375,080 alien workers will there-
fore be subject to deportation. This is the second com-
ponent of genuine demand that will in future remain
un-legalised.

(6) With everything else being constant, the total remaining
genuine demand that employers will seek to satisfy, 2
legally or illegally, amounts to (up to) 1,236,280 jobs.

(7) One factor that has not been taken into account yet is
the importance of "continuous residence". There are
presumably a certain number of illegal in-migrants who
have been holding down jobs in the U.S. for long periods
of time but who will nevertheless fall outside the defi-
nition of continuous residence (NCR). Their jobs,
although in genuine demand, will be in jeopardy after
the enactment of the bill.
(8) Another factor that would increase the number mentioned
under (6) is the share of employment growth that falls
into the secondary labour market and has traditionally
been satisfied with illegal in-migrants (G). Whether
employment growth generates a proportionate increase in
G or a disproportionately smaller or larger one is a
matter of great dispute but can be disregarded here.
What cannot be disregarded is the very likely growth of
the U.S. labour market during the time elapsing between
the INS estimates and the enactment of the law.


Basically out of fear that they may not qualify and there-
fore be deported if their cover were blown. It is also possible
that they will not learn of the amnesty.
2 As one is talking about the people involved the man-year
equivalent is of concern here.







- 16 -


(9) The influence of the prevailing climate of opinion
could act as a factor of reduction. It may induce
some employers to go to the limit of unprofitability by:

raising wages and working conditions in existing
jobs so as to attract U.S. citizens (i.e. losses
are taken in profitability rather than production);

mechanising or re-organising jobs where this is
technically possible; or

curtailing production and jobs.

This would affect:

(a) jobs held by illegals eligible for permanent
amnesty but who remain in hiding;

(b) jobs held by illegals who are refused permanent
amnesty;

(aa) jobs held by illegals eligible for temporary
amnesty but who remain in hiding;

(bb) jobs held by illegals who are refused temporary
amnesty;

(c) jobs held by illegals who have not been con-
tinuously resident.

The combined effect, of unknown size, sums to a quantity
called X.

(10) Up to 1,236,280 NG + NCR + G X = 1 million.

At a guess, this leaves perhaps 1 million genuine jobs
where the manner of filling them will be decreed unlawful
on the day the law becomes effective.

It is suggested here to bring this segment of the U.S.
labour market into the legal sphere by a guest-worker-type of
programme with a difference.







- 17 -


V REGULATING GENUINE DEMAND

To exemplify the proposal for short-term regulation of the
remaining genuine demand its volume is fixed, hypothetically and
for the purpose of demonstration, as 1 million. This figure would be
the initial quota or maximum number of work visas available to
Mexicans for legal employment in the United States (in addition
to the opportunities available under the existing and the proposed
immigration legislation). Employers could freely employ
workers-who have duly visaed passports. Logically, a controlled
entry programme (i) should be accompanied by the stiffest penalties
for knowingly hiring futureillegal entrants and (ii) such future
illegal entrants should be excluded from the waiting list.

A quota spans the period of 12 months; the initial
one might be set for the year 1980. In each year thereafter
the quota might be reduced by, say, 125,000; and the situation
might be reviewed completely at the end of the fifth year (in line
with the Carter proposal to review the situation of unlawful
entrants eligible for a partial amnesty). The last pre-determined
quota would thus amount to 500,000 for the year 1984.

This type of regulation has three principal advantages.
Firstly, in the short term it will not disrupt production.
Secondly, in the medium term it will induce U.S. employers
to organise their production systems with a view to relying
less on cheap and plentiful labour. Thirdly, it will curb
exploitation in the twilight zone left by the Carter proposals.







- 18 -


VI THE NEW SYSTEM EXPLAINED

Discussions of the problem of indocumentados generally
conclude that the choice is between continuation of large
scale illegal immigration or regulation on the lines of either
the West European guest worker programme or the "bracero"
programme. This is a false choice; there are other models.
One such model that might provide a realistic solution in the United
States context has been summarised in the organisation chart
on the'next page.

In essence, one need not view a Mexican only as a contract
labourer. With a work visa he can cross the border without having
a job waiting for him (except in a technical sense under
priorities I and II, see below). He should then be free to
seek employment in the U.S. for a period up to three months. If
he finds an employer willing to give him a contract for non-
seasonal work (12 months maximum), he will not have to return
to Mexico at the end of the contract but can have it renewed
on the spot, where his demand will be accorded highest priority.
If he finds seasonal employment, he will have to return to
Mexico at the end of his contract; but the employer can lodge
a nominal request for the same .person for the next season and
this will put him into priority II; otherwise the seasonal
worker, like any other worker previously employed in the United
States, will be assigned to priority III. If the three months'
job search is unsuccessful, the Mexican will have to return
(where he will now be assigned to priority IV like other workers
not previously employed in the United States) or suffer
deportation and exclusion from the waiting list.

A visa holder should have the right to equality of
opportunity and treatment in matters of economic and social




1I
See, for instance, Domestic Report, pp. 218-219,
and House Analysis, pp. 60-62.









Mexico USA
Priority I = Renewals of work visas in US (if quota not exhausted) -========
Priority II = Seasonal workers nominated (=recalled) by employer ,- .=.-=" ~ ...
Priority III = Workers previously issued visa and who held US job ii
Priority IV = Workers not previously employed in US .-'' "
_-, 5 years
*Mcontinuous
....- .. ...................................................... ....... EMPLOYER continuous
-.-, vali- validates employment
dates work visa -.
work second time
visa RESIDENT
visa for seasonal ALE
first work LIEN
y_ 1 time for status
I 5 months .*
W *rity m* on
W II." II
/ II
I
..... T TOTAL EMPLOYER
I QUOTA validates
N ........ work visa
-G iori. INS --- second time for -REIEWA
SWOR-K non-seasonal / \ .
SL / VISA work


T or S \ ii
iIV o cancels ".----.\ ii
validity 3 months\ .
on re- NO \ 3
turn of employment I
/ worker/
-. \ .I. .

I .





x DEPT OF STATE = DEPT OF JUSTICE
= Unable to find work within 3 months. Visa ceases I]
............... = Seasonal workers to be valid. Return
= Non-seasonal workers DEPT O LABOUR = EMPLOYE
=.... Communication/information =







- 20 -


rights. This should include entitlement to receive social
security benefits if the migrant qualifies by virtue of
length of stay in the United States, i.e. irrespective of the
passport he holds. Non-seasonal workers should be entitled
to be joined by wife and children not later than at the moment
of renewal of the first contract, seasonal workers whenever
employers recall them or at the latest after two consecutive
seasons in the United States. Five years continuous residence
should make workers eligible for permanent resident alien
status.

To secure the collaboration of the Mexican government, the
U.S. government might consider resolving in spirit of international
cooperation and maintenance of migrants' rights the question
of social security benefits to which Mexicans returning for
good would be entitled on grounds of length of stay.2 For
example, where workers or their dependants return while under
medical treatment, the competent body of the U.S. should
be held responsible for expenses until the end of the treatment.
Where Mexicans who are entitled to long-term benefits such as
old-age pensions return, their entitlements should be transferred
to Mexico and they should receive from local bodies the maximum
permissible amount due under the law of Mexico. Entitlements
in excess of local rates should stay in Mexico'-s general social
security funds, which would help to improve benefits for all.

It need hardly be mentioned that the regulatory principles
proposed here can be applied to any nationality of indocumentados.


1 See Appendix III below for furter explanation and
justification.

2 The following is an adaptation of a proposal made
in ILO, Employment, Growth and Basic Needs: A One-World Problem
(Geneva, 1976), pp. 136437. "Return for good" is meant to
exclude extended holidays and temporary return followed by
eventual re-entering of the waiting list.








- 21 -


C. APPENDIX




L. INTERNATIONAL LABOUR CONFERENCE





CONVENTION (No. 97) CONCERNING MIGRATION
FOR EMPLOYMENT (REVISED 1949)


The General Conference of the International Labour Organ-
isation,
Having been convened at Geneva by the Governing Body
of the International Labour Office, and having met in
its Thirty-second Session on 8 June 1949, and
Having decided upon the adoption of certain proposals with
regard to the revision of the Migration for Employment
Convention, 1939, adopted by the Conference at its
Twenty-fifth Session, which is included in the eleventh
item on the agenda of the session, and
Considering that these proposals must take the form of
an international Convention,
adopts this first day of July of the year one thousand nine
hundred and forty-nine the following Convention, which may be
cited as the Migration for Employment Convention (Revised),
1949:
Article 1
Each Member of the International Labour Organisation for
which this Convention is in force undertakes to make available
on request to the International Labour Office and to other
Members-
(a) information on national policies, laws and regulations
relating to emigration and immigration;
(b) information on special provisions concerning migration for
employment and the conditions of work and livelihood of
migrants for employment;
(c) information concerning general agreements and special
arrangements on these questions concluded by the Member.

Article 2
Each Member for which this Convention is in force under-
takes to maintain, or satisfy itself that there is maintained, an
adequate and free service to assist migrants for employment,
and in particular to provide them with accurate information.
Article 8
1. Each Member for which this Convention is in force under-
takes that it will, so far as national laws and regulations permit.










take all appropriate steps against misleading propaganda relat-
ing to emigration and immigration.
2. For this purpose it will where appropriate act in co-
operation with other Members concerned.

Article 4
Measures shall be taken as appropriate by each Member,
within its jurisdiction, to facilitate the departure, journey and
reception of migrants for employment.

Article 5
Each Member for which this Convention is in force under-
takes to maintain, within its jurisdiction, appropriate medical
services responsible for- .
(a) ascertaining, where necessary, both at the time of depar-
ture and on arrival, that migrants for employment and the
members of their families authorized to accompany or
join them are in reasonable health;
(b) ensuring that migrants for employment and members of
their families enjoy adequate medical attention and good
hygienic conditions at the time of departure, during the
journey and on arrival in the territory of destination.

Article 6
1. Each Member for which this Convention is in force under-
takes to apply, without discrimination in respect of nationality,
race, religion or sex, to immigrants lawfully within its terri-
tory, treatment no less favourable than that which it applies
to its own nationals in respect of the following matters:
(a) in so far as such matters are regulated by law or regula-
tions, or are subject to the control of administrative
authorities-
(i) remuneration, including family allowances where
these form part of remuneration, hours of work, over-
time arrangements, holidays with pay, restrictions on
home work, minimum age for employment, apprentice-
ship and training, women's work and the work of
young persons;
(ii) membership of trade unions and enjoyment of the
benefits of collective bargaining;
(iii) accommodation;
(b) social security (that is to say, legal provision in respect
of employment injury, maternity, sickness, invalidity, old
age, death, unemployment and family responsibilities, and
any other contingency which, according to national laws
or regulations, is covered by a social security scheme), sub-
ject to the following limitations:


(i) there may be appropriate arrangements for the main-
tenance of acquired rights and rights in course of
acquisition;
(ii) national laws or regulations of immigration countries
may prescribe special arrangements concerning benefits
or portions of benefits which are payable wholly out
of public funds, and concerning allowances paid to
persons who do not fulfil the contribution conditions
prescribed for the award of a normal pension;
(c) employment taxes, dues or contributions payable in respect
of the person employed; and
(d) legal proceedings relating to the matters referred to in this
Convention.
2. In the case of a federal State the provisions of this Article
shall apply in so far as the matters dealt with are regulated by
federal law or regulations or are subject to the control of
federal administrative authorities. The extent to which and
manner in which these provisions shall be applied in respect of
matters regulated by the law or regulations of the constituent
States, provinces or cantons, or subject to the control of the
administrative authorities thereof, shall be determined by each
Member. The Member shall indicate in its annual report upon
the application of the Convention the extent to which the
matters dealt with in this Article are regulated by federal law
or regulations or are subject to the control of federal adminis-
trative authorities. In respect of matters which are regulated
by the law or regulations of the constituent States, provinces or
cantons, or are subject to the control of the administrative
authorities thereof, the Member shall take the steps provided
for in paragraph 7 (b) of Article 19 of the Constitution of the
International Labour Organisation.

Article 7
1. Each Member for which this Convention is in force under-
takes that its employment service and other services connected
with migration will co-operate in appropriate cases with the
corresponding services of other Members.
2. Each Member for which this Convention is in force under-
takes to ensure that the services rendered by its public employ-
ment service to migrants for employment are rendered free.

Article 8
1. A migrant for employment who has been admitted on a
permanent basis and the members of his family who have been
authorised to accompany or join him shall not be returned to
their territory of origin or the territory from which they
emigrated because the migrant is unable to follow his occupa-
tion by reason of illness contracted or injury sustained sub-











sequent to entry, unless the person concerned so desires or an
international agreement to which the Member is a party so
provides.
2. When migrants for employment are admitted on a per-
manent basis upon arrival in the country of immigration the
competent authority of that country may determine that the
provisions of paragraph 1 of this Article shall take effect only
after a reasonable period which shall in no case exceed five
years from the date of admission of such migrants.

Article 9
Each Member for which this Convention is in force under-
takes to permit, taking into account the limits allowed by
national laws and regulations concerning export and import of
currency, the transfer of such part of the earnings and savings
of the migrant for employment as the migrant may desire.

Article 10
In cases where the number of migrants going from the
territory of one Member to that of another is sufficiently large,
the competent authorities of the territories concerned shall,
whenever necessary or desirable, enter into agreements for the
purpose of regulating matters of common concern arising in
connection with the application of the provisions of this Con-
vention.
Article 11
1. For the purpose of this Convention the term "migrant
for employment" means a person who migrates from one
country to another with a view to being employed otherwise
than on his own account and includes any person regularly
admitted as a migrant for employment.
2. This Convention does not apply to-
(a) frontier workers;
(b) short-term entry of members of the liberal professions
and artistes; and
(c) seamen.
Article 18
The formal ratifications of this Convention shall be commu-
nicated to the Director-General of the International Labour
Office for registration.
Article 13
1. This Convention shall be binding only upon those Mem-
bers of the International Labour Organisation whose ratifica-
tions have been registered with the Director-General.


2. It shall come into force twelve months after the date on
which the ratifications of two Members have been registered
with the Director-General.
3. Thereafter, this Convention shall come into force for any
Member twelve months after the date on which its ratification
has been registered.

Article 14
1. Each Member ratifying this Convention may, by a decla-
ration appended to its ratification, exclude from its ratification
any or all of the Annexes to the Convention.
2. Subject to the terms of any such declaration, the pro-
visions of the Annexes shall have the same effect as the
provisions of the Convention.
3. Any Member which makes such a declaration may sub-
sequently by a new declaration notify the Director-General
that it accepts any or all of the Annexes mentioned in the
declaration; as from the date of the registration of such noti-
fication by the Director-General the provisions of such Annexes
shall be applicable to the Member in question.
4. While a declaration made under paragraph 1 of this
Article remains in force in respect of any Annex, the Member
may declare its willingness to accept that Annex as having the
force of a Recommendation.

Article 15
1. Declarations communicated to the Director-General of
the International Labour Office in accordance with paragraph
2 of Article 35 of the Constitution of the International Labour
Organisation shall indicate-
(a) the territories in respect of which the Member concerned
undertakes that the provisions of the Convention and any
or all of the Annexes shall be applied without modifica-
tion;
(b) the territories in respect of which it undertakes that the
provisions of the Convention and any or all of the Annexes
shall be applied subject to modifications, together with
details of the said modifications;
(c) the territories in respect of which the Convention and any
or all of the Annexes, are inapplicable and in such cases the
grounds on which they are inapplicable; and
(d) the territories in respect of which it reserves its decision
pending further consideration of the position.
2. The undertakings referred to in subparagraphs (a) and
(b) of paragraph 1 of this Article shall be deemed to be an
integral part of the ratification and shall have the force of
ratification.










3. Any Member may at any time by a subsequent declaration
cancel in whole or in part any reservations made in its original
declaration in virtue of subparagraphs (b), (c) or (d) of para-
graph 1 of this Article.
4. Any Member may, at any time at which the Convention
is subject to denunciation in accordance with the provisions of
Article 17, communicate to the Director-General a declaration
modifying in any other respect the terms of any former decla-
ration and stating the present position in respect of such terri-
tories as it may specify.

Article 16
1. Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraphs 4
and 5 of Article 35 of the Constitution of the International
Labour Organisation shall indicate whether the provisions of
this Convention and any or all of the Annexes will be applied in
the territory concerned without modification or subject to
modifications; and if the declaration indicates that the provi-
sions of the Convention and any or all of the Annexes will be
applied subject to modifications, it shall give details of the said
modifications.
2. The Member, Members or international authority con-
cerned may at any time by a subsequent declaration renounce
in whole or in part the right to have recourse to any modifica-
tion indicated in any former declaration.
3. The Member, Members or international authority con-
cerned may, at any time at which this Convention or any or
all of the Annexes are subject to denunciation in accordance
with the provisions of Article 17, communicate to the Director-
General a declaration modifying in any other respect the terms
of any former declaration and stating the present position in
respect of the application of the Convention.

Article 17
1. A Member which has ratified this Convention may de-
nounce it after the expiration of ten years from the date on
which the Convention first comes into force, by an act communi-
cated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until
one year after the date on which it is registered.
2. Each Member which has ratified this Convention and
which does not, within the year following the expiration of the
period of ten years mentioned in the preceding paragraph,
exercise the right of denunciation provided for in this Article,
will be bound for another period of ten years and, thereafter,
may denounce this Convention at the expiration of each period
of ten years under the terms provided for in this Article.


3. At any time at which this Convention is subject to denun-
ciation in accordance with the provisions of the preceding para-
graphs any Member which does not so denounce it may commu-
nicate to the Director-General a declaration denouncing separ-
ately any Annex to the Convention which is in force for that
Member.
4. The denunciation of this Convention or of any or all of
the Annexes shall not affect the rights granted thereunder to a
migrant or to the members of his family if he immigrated
while the Convention or the relevant Annex was in force in
respect of the territory where the question of the continued
validity of these rights arises.
Article 18
1. The Director-General of the International Labour Office
shall notify all Members of the International Labour Organi-
sation of the registration of all ratifications, declarations and
denunciations communicated to him by the Members of the
Organisation.
2. When notifying the Members of the Organisation of the
registration of the second ratification communicated to him,
the Director-General shall draw the attention of the Members
of the Organisation to the date upon which the Convention will
come into force.
Article 19
The Director-General of the International Labour Office
shall communicate to the Secretary-General of the United
Nations for registration in accordance with Article 102 of the
Charter of the United Nations full particulars of all ratifica-
tions, declarations and acts of denunciation registered by him
in accordance with the provisions of the preceding articles.

Article 20
At the expiration of each period of ten years after the
coming into force of this Convention, the Governing Body of
the International Labour Office shall present to the General
Conference a report on the working of this Convention and
shall consider the desirability of placing on the agenda of the
Conference the question of its revision in whole or in part.

Article 21
1. Should the Conference adopt a new Convention revising
this Convention in whole or in part, then, unless the new
Convention otherwise provides-
(a) the ratification by a Member of the new revising Conven-
tion shall ipso jure involve the immediate denunciation of
this Convention, notwithstanding the provisions of Article
17 above, if and when the new revising Convention shall
have come into force;













(b) as from the date when the new revising Convention comes
into force this Convention shall cease to be open to
ratification by the Members.
2. This Convention shall in any case remain in force in its
actual form and content for those Members which have ratified
it but have not ratified the revising Convention.
Article 22
1. The International Labour Conference may, at any session
at which the matter is included in its agenda, adopt by a two-
thirds majority a revised text of any one or more of the
Annexes to this Convention.
2. Each Member for which this Convention is in force shall,
within the period of one year, or, in exceptional circumstances,
of eighteen months, from the closing of the session of the Con-
ference, submit any such revised text to the authority or autho-
rities within whose competence the matter lies, for the enact-
ment of legislation or other action.
3. Any such revised text shall become effective for each
Member for which this Convention is in force on communica-
tion by that Member to the Director-General of the Inter-
national Labour Office of a declaration notifying its acceptance
of the revised text.
4. As from the date of the adoption of the revised text of
the Annex by the Conference, only the revised text shall be
open to acceptance by Members.
Article 23
The English and French versions of the text of this Con-
vention are equally authoritative.

ANNEX I

RECRUITMENT, PLACING AND CONDITIONS OF LABOUR
OF MIGRANTS FOR EMPLOYMENT RECRUITED
OTHERWISE THAN UNDER GOVERNMENT-SPONSORED
ARRANGEMENTS FOR GROUP TRANSFER
Article 1
This Annex applies to migrants for employment who are
recruited otherwise than under Government-sponsored arrange-
ments for group transfer.
Article 2
For the purpose of this Annex-
(a) the term "recruitment" means-
(i) the engagement of a person in one territory on behalf
of an employer in another territory, or


(ii) the giving of an undertaking to a person in one terri-
tory to provide him with employment in another ter-
ritory,
together with the making of any arrangements in connec-
tion with the operations mentioned in (i) and (ii) inclu-
ding the seeking for and selection of emigrants and the
preparation for departure of the emigrants;
(b) the term "introduction" means any operations for ensur-
ing or facilitating the arrival in or admission to a territory
of persons who have been recruited within the meaning of
paragraph (a) of this Article; and
(c) the term "placing" means any operations for the purpose
of ensuring or facilitating the employment of persons who
have been introduced within the meaning of paragraph (b)
of this Article.
Article 3
1. Each Member for which this Annex is in force, the laws
and regulations of which permit the operations of recruitment,
introduction and placing as defined in Article 2, shall regulate
such of the said operations as are permitted by its laws and
regulations in accordance with the provisions of this Article.
2. Subject to the provisions of the following paragraph, the
right to engage in the operations of recruitment, introduction
and placing shall be restricted to-
(a) public employment offices or other public bodies of the
territory in which the operations take place;
(b) public bodies of a territory other than that in which the
operations take place which are authorised to operate
in that territory by agreement between the Govern-
ments concerned;
(c) any body established in accordance with the terms of an
International instrument.
3. In so far as national laws and regulations or a bilateral
arrangement permit, the operations of recruitment, introduc-
tion and placing may be undertaken by-
(a) the prospective employer or a person in his service acting
on his behalf, subject, if necessary in the interest of the
migrant, to the approval and supervision of the competent
authority ;
(b) a private agency, if given prior authorisation so to do by
the competent authority of the territory where the said
operations are to take place, in such cases and under such
conditions as may be prescribed by-
(i) the laws and regulations of that territory, or
(ii) agreement between the competent authority of the
territory of emigration or any body established in
accordance with the terms of an international instru-









ment and the competent authority of the territory
of immigration.
4. The competent authority of the territory where the
operations take place shall supervise the activities of bodies
and persons to whom authorisations have been issued in pur-
suance of paragraph 3 (b), other than any body established in
accordance with the terms of an international instrument, the
position of which shall continue to be governed by the terms
of the said instrument or by any agreement made between the
body and the competent authority concerned.
5. Nothing in this Article shall be deemed to permit the
acceptance of a migrant for employment for admission to the
territory of any Member by any person or body other than the
competent authority of the territory of immigration.
Article 4
Each Member for which this Annex is in force undertakes
to ensure that the services rendered by its public employment
service in connection with the recruitment, introduction or
placing of migrants for employment are rendered free.
Article 5
1. Each Member for which this Annex is in force which
maintains a system of supervision of contracts of employment
between an employer, or a person acting on his behalf, and
a migrant for employment undertakes to require-
(a) that a copy of the contract of employment shall be deli-
vered to the migrant before departure or, if the Govern-
ments concerned so agree, in a reception centre on arrival
in the territory of immigration;
(b) that the contract shall contain provisions indicating the
conditions of work and particularly the remuneration
offered to the migrant;
(c) that the migrant shall receive in writing before departure,
by a document which relates either to him individually
or to a group of migrants of which he is a member, infor-
mation concerning the general conditions of life and work
applicable to him in the territory of immigration.
2. Where a copy of the contract is to be delivered to the
migrant on arrival in the territory of immigration, he shall be
informed in writing before departure, by a document which
relates either to him individually or to a group of migrants
of which he is a member, of the occupational category for
which he is engaged and the other conditions of work, in parti-
cular the minimum wage which is guaranteed to him.
3. The competent authority shall ensure that the provi-
sions of the preceding paragraphs are enforced and that appro-
priate penalties are applied in respect of violations thereof.


Article 6
The measures taken under Article 4 of the Convention shall,
as appropriate, include-
(a) the simplification of administrative formalities;
(b) the provision of interpretation services;
(c) any necessary assistance during an initial period in the
settlement of the migrants and members of their families
authorised to accompany or join them; and
(d) the safeguarding of the welfare, during the journey and
in particular on board ship, of migrants and members
of their families authorised to accompany or join them.
Article 7
1. In cases where the number of migrants for employment
going from the territory of one Member to that of another
is sufficiently large, the competent authorities of the territories
concerned shall, whenever necessary or desirable, enter into
agreements for the purpose of regulating matters of common
concern arising in connection with the application of the provi-
sions of this Annex.
2. Where the members maintain a system of supervision
over contracts of employment, such agreements shall indicate
the methods by which the contractual obligations of the
employers shall be enforced.
Article 8
Any person who promotes clandestine or illegal immigration
shall be subject to appropriate penalties.

ANNEX II
RECRUITMENT, PLACING AND CONDITIONS OF LABOUR
OF MIGRANTS FOR EMPLOYMENT RECRUITED UNDER
GOVERNMENT-SPONSORED ARRANGEMENTS
FOR GROUP TRANSFER
Article 1
This Annex applies to migrants for employment who are
recruited under Government-sponsored arrangements for group
transfer.
Article 2
For the purpose of this Annex-
(a) the term recruitment" means-
(i) the engagement of a person in one territory on
behalf of an employer in another territory under
a Government-sponsored arrangement for group
transfer, or













(ii) the giving of an undertaking to a person in one
territory to provide him with employment in another
territory under a Government-sponsored arrange-
ment for group transfer,
together with the making of any arrangements in con-
nection with the operations mentioned in (i) and (ii)
including the seeking for and selection of emigrants and
the preparation for departure of the emigrants ;
(b) the term "introduction" means any operations for
ensuring or facilitating the arrival in or admission to a
territory of persons who have been recruited under a
Government-sponsored arrangement for group transfer
within the meaning of subparagraph (a) of this para-
graph; and
(c) the term "placing" means any operations for the pur-
pose of ensuring or facilitating the employment of persons
who have been introduced under a Government-sponsored
arrangement for group transfer within the meaning of
subparagraph (b) of this paragraph.

Article 3
1. Each Member for which this Annex is in force, the
laws and regulations of which permit the operations of recruit-
ment, introduction and placing as defined in Article 2, shall
regulate such of the said operations as are permitted by its
laws and regulations in accordance with the provisions of this
Article.
2. Subject to the provisions of the following paragraph,
the right to engage in the operations of recruitment, introduc-
tion and placing shall be restricted to-
(a) public employment offices or other public bodies of the
territory in which the operations take place ;
(b) public bodies of a territory other than that in which the
operations take place which are authorised to operate
in that territory by agreement between the Governments
concerned;
(c) any body established in accordance with the terms of an
international instrument.
3. In so far as national laws and regulations or a bilateral
arrangement permit, and subject, if necessary in the interest
of the migrant, to the approval and supervision of the compe-
tent authority, the operations of recruitment, introduction and
placing may be undertaken by-
(a) the prospective employer or a person in his service acting
on his behalf;
(b) private agencies.
4. The right to engage in the operations of recruitment,
introduction and placing shall be subject to the prior authori-


station of the competent authority of the territory where the
said operations are to take place in such cases and under such
conditions as may be prescribed by-
(a) the laws and regulations of that territory, or
(b) agreement between the competent authority of the ter-
ritory of emigration or any body established in accordance
with the terms of an international instrument and the
competent authority of the territory of immigration.
5. The competent authority of the territory where the
operations take place shall, in accordance with any agreements
made between the competent authorities concerned, supervise
the activities of bodies and persons to whom authorisations
have been issued in pursuance of the preceding paragraph,
other than any body established in accordance with the terms
of an international instrument, the position of which shall
continue to be governed by the terms of the said instrument
or by any agreement made between the body and the competent
authority concerned.
6. Before authorising the introduction of migrants for
employment the competent authority of the territory of immi-
gration shall ascertain whether there is not a sufficient number
of persons already available capable of doing the work in
question.
7. Nothing in this Article shall be deemed to permit the
acceptance of a migrant for employment for admission to the
territory of any Member by any person or body other than the
competent authority of the territory of immigration.
Article 4
1. Each Member for which this Annex is in force under-
takes to ensure that the services rendered by its public employ-
ment service in connection with the recruitment, introduction
or placing of migrants for employment are rendered free.
2. The administrative costs of recruitment, introduction
and placing shall not be borne by the migrants.
Article 5
In the case of collective transport of migrants from one
country to another necessitating passage in transit through
a third country, the competent authority of the territory of
transit shall take measures for expediting the passage, to
avoid delays and administrative difficulties.
Article 6
1. Each Member for which this Annex is in force which
maintains a system of supervision of contracts of employment
between an employer, or a person acting on his behalf, and a
migrant for employment undertakes to require-











(a) that a copy of the contract of employment shall be deli-
vered to the migrant before departure or, if the Govern-
ments concerned so agree, in a reception centre on arrival
in the territory of immigration ;
(b) that the contract shall contain provisions indicating the
conditions of work and particularly the remuneration
offered to the migrant ;
(c) that the migrant shall receive in writing before departure,
by a document which relates either to him individually
or to a group of migrants of which he is a member,
information concerning the general conditions of life and
work applicable to him in the territory of immigration.
2. Where a copy of the contract is to be delivered to the
migrant on arrival in the territory of immigration, he shall
be informed in writing before departure, by a document which
relates either to him individually or to a group of migrants
of which he is a member, of the occupational category for
which he is engaged and the other conditions of work, in parti-
cular the minimum wage which is guaranteed to him.
3. The competent authority shall ensure that the provi-
sions of the preceding paragraphs are enforced and that appro-
priate penalties are applied in respect of violations thereof.

Article 7
1. The measures taken under Article 4 of this Convention
shall, as appropriate, include-
(a) the simplification of administrative formalities;
(b) the provision of interpretation services ;
(c) any necessary assistance, during an initial period in the
settlement of the migrants and members of their families
authorised to accompany or join them ;
(d) the safeguarding of the welfare, during the journey and
in particular on board ship, of migrants and members
of their families authorised to accompany or join them
and
(c) permission for the liquidation and transfer of the property
of migrants for employment admitted on a permanent
basis.
Article 8
Appropriate measures shall be taken by the competent
authority to assist migrants for employment, during an initial
period, in regard to matters concerning their conditions of
employment ; where appropriate, such measures may be taken
in co-operation with approved voluntary organizations.

Article 9
If a migrant for employment introduced into the territory
of a Member in accordance with the provisions of Article 3 of


this Annex fails, for a reason for which he is not responsible,
to secure the employment for which he has been recruited
or other suitable employment, the cost of his return and that
of the members of his family who have been authorised to
accompany or join him, including administrative fees, transport
and maintenance charges to the final destination, and charges
for the transport of household belongings, shall not fall upon
the migrant.
Article 10
If the competent authority of the territory of immigration
considers that the employment for which a migrant for
employment was recruited under Article 3 of this Annex has
been found to be unsuitable, it shall take appropriate measures
to assist him in finding suitable employment which does not pre-
judice national workers and shall take such steps as will ensure
his maintenance pending placing in such employment, or his
return to the area of recruitment if the migrant is willing or
agreed to such return at the time of his recruitment, or his
resettlement elsewhere.
Article 11
If a migrant for employment who is a refugee or a displaced
person and who has entered a territory of immigration in accor-
dance with Article 3 of this Annex becomes redundant in any
employment in that territory, the competent authority of that
territory shall use its best endeavours to enable him to obtain
suitable employment which does not prejudice national workers,
and shall take such steps as will ensure his maintenance pending
placing in suitable employment or his resettlement elsewhere.
Article 12
1. The competent authorities of the territories concerned
shall enter into agreements for the purpose of regulating mat-
ters of common concern arising in connection with the appli-
cation of the provisions of this Annex.
2. Where the Members maintain a system of supervision
over contracts of employment, such agreements shall indicate
the methods by which the contractual obligations of the
employer shall be enforced.
3. Such agreements shall provide, where appropriate, for
co-operation between the competent authority of the territory
of emigration or a body established in accordance with the
terms of an international instrument and the competent
authority of the territory of immigration, in respect of the
assistance to be given to migrants concerning their conditions
of employment in virtue of the provisions of Article 8.
Article 13
Any person who promotes clandestine or illegal immigration
shall be subject to appropriate penalties.







- 29 -


ANNEX III
IMPORTATION OF THE PERSONAL EFFECTS, TOOLS
AND EQUIPMENT OF MIGRANTS FOR EMPLOYMENT

Article 1
1. Personal effects belonging to recruited migrants for
employment and members of their families who have been
authorised to accompany or join them shall be exempt from
customs duties on arrival in the territory of immigration.
2. Portable hand-tools and portable equipment of the kind
normally owned by workers for the carrying out of their par-
ticular trades belonging to recruited migrants for employment
and members of their families who have been authorised to
accompany or join them shall be exempt from customs duties
on arrival in the territory of immigration if such tools and
equipment can be shown at the time of importation to be in
their actual ownership or possession, to have been in their pos-
session and use for an appreciable time, and to be intended to
be used by them in the course of their occupation.

Article 2
1. Personal effects belonging to migrants for employment
and members of their families who have been authorised to
accompany or join them shall be exempt from customs duties
on the return of the said persons to their country of origin
if such persons have retained the nationality of that country
at the time of their return there.
2. Portable hand-tools and portable equipment of the kind
normally owned by workers for the carrying out of their par-
ticular trades belonging to migrants for employment and mem-
bers of their families who have been authorised to accompany
or join them shall be exempt from customs duties on return of
the said persons to their country of origin if such persons have
retained the nationality of that country at the time of their
return there and if such tools and equipment can be shown
at the time of importation to be in their actual ownership or
possession, to have been in their possession and use for an
appreciable time, and to be intended to be used by them in the
course of their occupation.







- 30 -


FL. INTERNATIONAL LABOUR CONFERENCE



Convention 143


CONVENTION CONCERNING MIGRATIONS IN ABUSIVE CONDITIONS
AND THE PROMOTION OF EQUALITY OF OPPORTUNITY
AND TREATMENT OF MIGRANT WORKERS.

The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International
Labour Office, and having met in its Sixtieth Session on 4 June 1975, and
Considering that the Preamble of the Constitution of the International Labour
Organisation assigns to it the task of protecting "the interests of workers
when employed in countries other than their own ", and
Considering that the Declaration of Philadelphia reaffirms, among the principles
on which the Organisation is based, that labour is not a commodity ", and
that "poverty anywhere constitutes a danger to prosperity everywhere", and
recognizes the solemn obligation of the ILO to further programmes which
will achieve in particular full employment through "the transfer of labour,
including for employment...",
Considering the ILO World Employment Programme and the Employment
Policy Convention and Recommendation, 1964, and emphasising the need to
avoid the excessive and uncontrolled or unassisted increase of migratory
movements because of their negative social and human consequences, and
Considering that in order to overcome underdevelopment and structural and
chronic unemployment, the governments of many countries increasingly stress
the desirability of encouraging the transfer of capital and technology rather
than the transfer of workers in accordance with the needs and requests of
these countries in the reciprocal interest of the countries of origin and the
countries of employment, and
Considering the right of everyone to leave any country, including his own, and to
enter his own country, as set forth in the Universal Declaration of Human
Rights and the International Covenant on Civil and Political Rights, and
Recalling the provisions contained in the Migration for Employment Convention
and Recommendation (Revised), 1949, in the Protection of Migrant Workers
(Underdeveloped Countries) Recommendation, 1955, in the Employment
Policy Convention and Recommendation, 1964, in the Employment Service
Convention and Recommendation, 1948, and in the Fee-Charging Em-
ployment Agencies Convention (Revised), 1949, which deal with such matters
as the regulation of the recruitment, introduction and placing of migrant
workers, the provision of accurate information relating to migration, the
minimum conditions to be enjoyed by migrants in transit and on arrival, the
adoption of an active employment policy and international collaboration in
these matters, and
Considering that the emigration of workers due to conditions in labour markets
should take place under the responsibility of official agencies for employment











or in accordance with the relevant bilateral or multilateral agreements, in
particular those permitting free circulation of workers, and
Considering that evidence of the existence of illicit and clandestine trafficking in
labour calls for further standards specifically aimed at eliminating these abuses,
and
Recalling the provisions of the Migration for Employment Convention (Revised),
1949, which require ratifying Members to apply to immigrants lawfully within
their territory treatment not less favourable than that which they apply to
their nationals in respect of a variety of matters which it enumerates, in so far
as these are regulated by laws or regulations or subject to the control of
administrative authorities, and
Recalling that the definition of the term discrimination in the Dircrimination
(Employment and Occupation) Convention, 1958, does not mandatorily
include distinctions on the basis of nationality, and
Considering that further standards, covering also social security, are desirable
in order to promote equality of opportunity and treatment of migrant workers
and, with regard to matters regulated by laws or regulations or subject to the
control of administrative authorities, ensure treatment at least equal to that
of nationals, and
Noting that, for the full success of action regarding the very varied problems of
migrant workers, it is essential that there be close co-operation with the
United Nations and other specialised agencies, and
Noting that, in the framing of the following standards, account has been taken
of the work of the United Nations and of other specialised agencies and that,
with a view to avoiding duplication and to ensuring appropriate co-ordination,
there will be continuing co-operation in promoting and securing the appli-
cation of the standards, and
Having decided upon the adoption of certain proposals with regard to migrant
workers, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international
Convention supplementing the Migration for Employment Convention
(Revised), 1949, and the Discrimination (Employment and Occupation)
Convention, 1958,
adopts this twenty-fourth day of June of the year one thousand nine hundred and
seventy-five the following Convention, which may be cited as the Migrant Workers
(Supplementary Provisions) Convention, 1975:


PART I. MIGRATIONS IN ABUSIvE CONDITIONS

Article I
Each Member for which this Convention is in force undertakes to respect the basic
human rights of all migrant workers.

Article 2
1. Each Member for which this Convention is in force shall systematically seek
to determine whether there are illegally employed migrant workers on its territory
and whether there depart from, pass through or arrive in its territory any movements


of migrants for employment in which the migrants are subjected during their journey,
on arrival or during their period of residence and employment to conditions con-
travening relevant international multilateral or bilateral instruments or agreements,
or national laws or regulations.
2. The representative organizations of employers and workers shall be fully
consulted and enabled to furnish any information in their possession on this subject.

Article 3
Each Member shall adopt all necessary and appropriate measures, both within
its jurisdiction and in collaboration with other Members-
(a) to suppress clandestine movements of migrants for employment and illegal
employment of migrants, and
(b) against the organizers of illicit or clandestine movements of migrants for employ-
ment departing from, passing through or arriving in its territory, and against
those who employ workers who have immigrated in illegal conditions,
in order to prevent and to eliminate the abuses referred to in Article 2 of this Con-
vention.
Article 4
In particular, Members shall take such measures as are necessary, at the national
and the international level, for systematic contact and exchange of information on the
subject with other States, in consultation with representative organizations of
employers and workers.
Article 5
One of the purposes of the measures taken under Articles 3 and 4 of this Con-
vention shall be that the authors of manpower trafficking can be prosecuted whatever
the country from which they exercise their activities.

Article 6
1. Provision shall be made under national laws or regulations for the effective
detection of the illegal employment of migrant workers and for the definition and the
application of administrative, civil and penal sanctions, which include imprisonment
in their range, in respect of the illegal employment of migrant workers, in respect of
the organisation of movements of migrants for employment defined as involving the
abuses referred to in Article 2 of this Convention, and in respect of knowing assistance
to such movements, whether for profit or otherwise.
2. Where an employer is prosecuted by virtue of the provision made in pursuance
of this Article, he shall have the right to furnish proof of his good faith.

Article 7
The representative organizations of employers and workers shall be consulted in
regard to the laws and regulations and other measures provided for in this Con-
vention and designed to prevent and eliminate the abuses referred to above, and the
possibility of their taking initiatives for this purpose shall be recognized.

Article 8
1. On condition that he has resided legally in the territory for the purpose of
employment, the migrant worker shall not be regarded as in an illegal or irregular








situation by the mere fact of the loss of his employment, which shall not in itself
imply the withdrawal of his authorisation of residence or, as the case may be, work
permit.
2. Accordingly, he shall enjoy equality of treatment with nationals in respect in
particular of guarantees of security of employment, the provision of alternative
employment, relief work and retraining.

Article 9
1. Without prejudice to measures designed to control movements of migrants for
employment by ensuring that migrant workers enter national territory and are
admitted to employment in conformity with the relevant laws and regulations, the
migrant worker shall, in cases in which these laws and regulations have not been
respected and in which his position cannot be regularised, enjoy equality of treatment
for himself and his family in respect of rights arising out of past employment as
regards remuneration, social security and other benefits.
2. In case of dispute about the rights referred to in the preceding paragraph, the
worker shall have the possibility'of presenting his case to a competent body, either
himself or through a representative.
3. In case of expulsion of the worker or his family, the cost shall not be borne by
them.
4. Nothing in this Convention shall prevent Members from giving persons who
are illegally residing or working within the country the right to stay and to take up
legal employment.


PART II. EQUALITY OF OPRTUNrrY AND TREATMENT

Article 10
Each Member for which the Convention is in force undertakes to declare and
pursue a national policy designed to promote and to guarantee, by methods appro-
priate to national conditions and practice, equality of opportunity and treatment in
respect of employment and occupation, of social security, of trade union and cultural
rights and of individual and collective freedoms for persons who as migrant workers
or as members of their families are lawfully within its territory.

Article 11
1. For the purpose of this Part of this Convention, the term migrant worker"
means a person who migrates or who has migrated from one country to another with
a view to being employed otherwise than on his own account and includes any person
regularly admitted as a migrant worker.
2. This Part of this Convention does not apply to-
(a) frontier workers;
(b) artistes and members of the liberal professions who have entered the country on
a short-term basis;
(c) seamen;
(d) persons coming specifically for purposes of training or education;


(e) employees of organizations or undertakings operating within the territory of
a country who have been admitted temporarily to that country at the request
of their employer to undertake specific duties or assignments, for a limited and
defined period of time, and who are required to leave that country on the com-
pletion of their duties or assignments.

Article 12
Each Member shall, by methods appropriate to national conditions and practice-
(a) seek the co-operation of employers' and workers' organizations and other
appropriate bodies in promoting the acceptance and observance of the policy
provided for in Article 10 of this Convention;
(b) enact such legislation and promote such educational programmes as may be
calculated to secure the acceptance and observance of the policy;
(c) take measures, encourage educational programmes and develop other activities
aimed at acquainting migrant workers as fully as possible with the policy, with
their rights and obligations and with activities designed to give effective assistance
to migrant workers in the exercise of their rights and for their protection;
(d) repeal any statutory provisions and modify any administrative instructions or
practices which are inconsistent with the policy;
(e) in consultation with representative organizations of employers and workers,
formulate and apply a social policy appropriate to national conditions and
practice which enables migrant workers and their families to share in advantages
enjoyed by its nationals while taking account, without adversely affecting the
principle of equality of opportunity and treatment, of such special needs as they
may have until they are adapted to the society of the country of employment;
(f) take all steps to assist and encourage the efforts of migrant workers and their
families to preserve their national and ethnic identity and their cultural ties with
their country of origin, including the possibility for children to be given some
knowledge of their mother tongue;
(g) guarantee equality of treatment, with regard to working conditions, for all
migrant workers who perform the same activity whatever might be the particular
conditions of their employment.
Article 13
1. A Member may take all necessary measures which fall within its competence
and collaborate with other Members to facilitate the reunification of the families of
all migrant workers legally residing in its territory.
2. The members of the family of the migrant worker to which this Article applies
are the spouse and dependent children, father and mother.

Article 14
A Member may-
(a) make the free choice of employment, while assuring migrant workers the right to
geographical mobility, subject to the conditions that the migrant worker has
resided lawfully in its territory for the purpose of employment for a prescribed
period not exceeding two years or, if its laws or regulations provide for contracts
for a fixed term of less than two years, that the worker has completed his first
work contract;











(b) after appropriate consultation with the representative organizations of employers
and workers, make regulations concerning recognition of occupational qualifica-
tions acquired outside its territory, including certificates and diplomas;
(c) restrict access to limited categories of employment or functions where this is
necessary in the interests of the State.



PART III. FINAL PROVISIONS

Article 15
This Convention does not prevent Members from concluding multilateral or
bilateral agreements with a view to resolving problems arising from its application.

Article 16
1. Any Member which ratifies this Convention may, by a declaration appended
to its ratification, exclude either Part I or Part II from its acceptance of the Con-
vention.
2. Any Member which has made such a declaration may at any time cancel that
declaration by a subsequent declaration.
3. Every Member for which a declaration made under paragraph 1 of this Article
is in force shall indicate in its reports upon the application of this Convention the
position of its law and practice in regard to the provisions of the Part excluded from
its acceptance, the extent to which effect has been given, or is proposed to be given,
to the said provision and the reasons for which it has not yet included them in its
acceptance of the Convention.
Article 17
The formal ratifications of this Convention shall be communicated to the
Director-General of the International Labour Office for registration.

Article 18
1. This Convention shall be binding only upon those Members of the Interna-
tional Labour Organisation whose ratifications have been registered with the Direc-
tor-General.
2. It shall come into force twelve months after the date on which the ratifications
of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve
months after the date on which its ratification has been registered.

Article 19
1. A Member which has ratified this Convention may denounce it after the
expiration of ten years from the date on which the Convention first comes into force,
by an act communicated to the Director-General of the International Labour Office
for registration. Such denunciation shall not take effect until one year after the date
on which it is registered.


2. Each Member which has ratified this Convention and which does not, within
the year following the expiration of the period of ten years mentioned in the
preceding paragraph, exercise the right of denunciation provided for in this Article,
will be bound for another period of ten years and, thereafter, may denounce this
Convention at the expiration of each period often years under the terms provided for
in this Article.
Article 20
1. The Director-General of the International Labour Office shall notify all
Members of the International Labour Organisation of the registration of all
ratifications and denunciations communicated to him by the Members of the
Organisation.
2. When notifying the Members of the Organisation of the registration of the
second ratification communicated to him, the Director-General shall draw the
attention of the Members of the Organisation to the date upon which the Convention
will come into force.
Article 21
The Director-General of the International Labour Office shall communicate to
the Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all ratifications
and acts of denunciation registered by him in accordance with the provisions of the
preceding Articles.
Article 22
At such times as it may consider necessary the Governing Body of the Interna-
tional Labour Office shall present to the General Conference a report on the working
of this Convention and shall examine the desirability of placing on the agenda of the
Conference the question of its revision in whole or in part.

Article 23
1. Should the Conference adopt a new Convention revising this Convention in
whole or in part, then, unless the new Convention otherwise provides-
(a) the ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 19 above, if and when the new revising Convention shall
have come into force;
(b) as from the date when the new revising Convention comes into force this
Convention shall cease to be open to ratification by the Members.
2. This Convention shall in any case remain in force in its actual form and
content for those Members which have ratified it but have not ratified the revising
Convention.
Article 24
The English and French versions of the text of this Convention are equally
authoritative.








- 54 -


III. EXCERPT FROM W.R. BOHNING, "INTERNATIONAL MIGRATION IN WESTERN EUROPE: REFLECTIONS
ON THE PAST FIVE YEARS", INTERNATIONAL LABOUR REVIEW (GENEVA), VOL. 118, No. 4
(JULY-AUGUST 1979).


The new Convention and Recommendation

The inequity that pervades international economic relations in general and inter-
national migration in particular derives from the unequal bargaining power of the partners
and the absence of corrective international social policies. Several ILO Conventions and
Recommendations contain the rudiments of such policies, but as they result from an inter-
national bargaining process they have sometimes tended not to go as far as the weaker
partners would presumably have wished or the logic of universally acclaimed fundamental
principles of human rights would seem to require.

The Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and the
Migrant Workers Recommendation, 1975 (No. 151), are cases in point and justify critical
review.1 This is especially apt with respect to Western Europe and its labour catchment
area, because that is where the pressure for new international standards in the field of
migrant workers largely arose. I will concentrate on the new Convention because, in
contrast to the purely advisory character of the Recommendation, it entails binding obliga-
tions on the member countries of the ILO that ratify it.

Convention No. 145 has two parts. The first deals with clandestine migration and
illegal employment, both of which give rise to particularly pernicious abuses. Part I seeks
to protect the individual migrant from unnecessary suffering. This meets an undoubted need.

Part II is concerned with equality of opportunity and treatment of migrant workers in
general. It starts with the following provisions (Article 10):

Each Member for which the Convention is in force undertakes to declare and
pursue a national policy designed to promote and to guarantee, by methods
appropriate to national conditions and practice, equality of opportunity and
treatment in respect of employment and occupation, of social security, of
trade union and cultural rights and of individual and collective freedoms
for persons who as migrant workers or as members of their families are law-
fully within its territory.

Article 12 seeks, inter alia, to promote measures that take account of the special
needs which migrants and their families often have as a result of moving into a different
ethnic environment. This also contains very welcome and timely principles.

Beyond this there are, in my opinion, two critical areas in which the new Convention
falls far short of what we may assume that the target group migrants would have hoped
for had they been directly involved in the quasi-legislative process of establishing inter-
national standards. These concern, firstly, the security of their legal status and, secondly,
family reunification.

As regards the first, the Convention's binding obligations flowing from Article 102 do



1For the texts of these two instruments see Official Bulletin 1975, Series A, No. 1,
pp. 35-42 and 69-75.
2 Or for that matter from Article 12 (d) which states:
"Each Member shall, by methods appropriate to national conditions and practice -
S......... ................ .... ov **o*** ****.A**************** "....
(d) repeal any statutory provisions and modify any administrative instructions or
practices which are inconsistent with the policy [provided for in Article 10]".








- 35 -


not really secure the migrants' status more than was the case hitherto.1 They are too
general and therefore weak to achieve that. Nor is Recommendation No. 151 specific or
comprehensive enough to outlaw the administratively forced return of migrants on economic
grounds or to assuage the feeling widespread among even determinedly temporary migrants that
2
the dice are loaded against them. In any case the Recommendation, as far as it goes, is
not binding.

In respect of family reunification, the obligations arising from Convention No. 143
are non-committal. Article 13 provides:

1. A Member may take all necessary measures which fall within its competence and
collaborate with other Members to facilitate the reunification of the families
of all migrant workers legally residing in its territory.

2. The members of the family of the migrant worker to which this Article applies
are the spouse and dependent children, father and mother.-

In other words, the new international standards to not,in my view, effectively bar the
discrimination that has become the hallmark of the so-called "guest worker" systems. This
is regrettable. It is perfectly legitimate to argue that foreigners do not have a right to
entry and that foreign workers who do not qualify on other grounds should have a job
waiting for them. But I believe discrimination should cease once the worker has been ad-
mitted to a non-temporary job.

Several countries refuse to accord migrant workers unconditional equality of oppor-
tunity and treatment in matters of economic and social rights. This is what the fundamen-
tal principle of non-discrimination espoused by the United Nations and the ILO would seem





The post-entry freedom to choose one's job is explicitly circumscribed by
the Convention under the provisions of Article 14(a):
A Member may -
make the free choice of employment, while assuring migrant workers the right to
geographical mobility, subject to the conditions that the migrant worker has
resided lawfully in its territory for the purpose of employment for a prescribed
period not exceeding two years or, if its laws or regulations provide for
contracts for a fixed term of less than two years, that the worker has completed
his first work contract."

2
Recommendation No. 151 contains the following relevant provisions:
"Migrant workers ... should enjoy effective equality of opportunity and treat-
ment ... in respect of ... security of employment, the provision of alternative
employment, relief work and retraining" (Paragraph 2(d))
"In pursuance of the provision of Paragraph 18 of the Migration for Employment
Recommendation (Revised), 1949, that Members should, as far as possible, refrain
from removing from their territory, on account of lack of means or the state of
the employment market, a migrant worker regularly admitted thereto, the loss by
such migrant worker of his employment should not in itself imply the withdrawal
of his authorisation of residence (Paragraph 30).
"A migrant who has lost his employment should be allowed sufficient time to find
alternative employment, at least for a period corresponding to that during which
he may be entitled to unemployment benefit; the authorisation of residence should
be extended accordingly" (Paragraph 31).

Recommendation No. 151 is actually more restrictive when it says that "A pre-
requisite for the reunification of families should be that the worker has, for his
family, appropriate accommodation which meets the standards normally applicable to
nationals of the country of employment" (Paragraph 13 (2)).








- 36 -


to require. And this is indeed the rule in the traditional immigration countries, such as
the United States and Canada, for people admitted as immigrants. But it is not the rule
for foreign workers called upon to perform certain jobs as "non-immigrants", and it is the
exception rather than the rule in the "guest worker" systems that are prevalent in Western
Europe. It is not the temporariness of migration which is at issue here but the discrimi-
nation associated with it. For example, by withholding at least initially certain
social security benefits from foreign workers, by keeping their families separated and
paying to those left behind the reduced family allowances common in the countries of origin,
and by inducing and sometimes actually forcing migrants to return, the richer countries of
employment saddle the individual migrants and their home countries with a burden which, in
my opinion, they should not be expected to bear, and in so doing impair the poverty relief
function of international migration.

The rationale for discrimination, namely that the foreigners are not admitted as
fully-fledged immigrants because the nature of their employment is temporary, is uncon-
troversial to the extent that it is true.1 However, the great majority of foreign workers
admitted seasonally or for a period of 12 or 24 months are not employed on temporary work.
Jobs that will disappear after a predictable standard period of 12 months or some such
period are infinitesimally small in number. It is therefore unreasonable to deny migrants
economic and social rights on the grounds that their employment is formally designated as
2
only temporary, or to grant them rights only after a time. Discrimination, like equality,
is indivisible: if some rights are granted to migrants but others refused, discrimination
subsists; and if the grant of rights is made subject in their case to a qualifying period,
there is no equality.

The new international standards do not exhaust the social progress that can be en-
visaged in the field of international migration for employment. The shortcomings should
one day be made good (revision of Convention No. 143 in whole or in part is provided for
- in Article 22 as it is for any other Convention).









This is certainly the case for the categories excluded from coverage by Convention
No. 143, Article 11 (2), namely, "... artistes and members of the liberal professions who
have entered the country on a short-term basis; ... persons coming specifically for
purposes of training or education; [and] employees of organizations or undertakings
operating within the territory of a country who have been admitted temporarily to that
country at the request of their employer to undertake specific duties or assignments, for
a limited and defined period of time, and who are required to leave that country on the
completion of their duties or assignments".

2One can justify withholding political rights from migrants on grounds of nationality.
However, Sweden and the canton of NeuchAtel in Switzerland have for some time granted voting
and similar rights at the level of municipalities and regions to migrants who are not
naturalised and may never want to change their nationality. See Ministere du Travail,
France: Les immigres dans la cite : la representation des immigres dans la vie publique en
Europe, by C. Wihtol de Wenden, collection Migrations et Socidets, No. 3 (Paris, La
Documentation frangaise, 1978).







- 57 -


D. MIGRATION FOR EMPLOYMENT PROJECT : WORKING PAPERS


WP 1 Basic Aspects of Immigration and Return Migration in Western
Europe
by W.R. BBhning, July 1975 (out of print, reprinted as part
of WP 6, see below)
"Determinants of Labour Immigration in Industrialised
Countries of Western Europe", pp. 5-25;
"Return Migrants' Contribution to the Development Process
The issues Involved", pp. 24-38.

WP 2 Mediterranean Workers in Western Europe: Effects on Home Countries
and Countries of Employment*
by W.R. BBhning, September 1975 (out.of print);
published in German, "Arbeitnehmer aus Mittelmeerlandern in
Westeuropa: Wirkungen auf Heimat- und EmpfangslAnder", in
R. Regul, ed., Die Europaischen Gemeinschaften und die Mittel-
meerlander (Baden-Baden, Nomos Verlagsgesellschaft, 1977),
pp. 195-223;
also available in Serbo-Croat in "Inostrana Iskustva i Prevodi",
Bilten, Vol. 19, No. 44, 1976, pp. 25-71.

WP 3 International Migration in Southern Africa
by Francis Wilson, November 1975 (reprint April 1976);
published in International Migration Review, Vol. X, No. 4
(Winter 1976), pp. 451-488;
also available as SALDRU Working Paper No. 1, Southern Africa
Labour and Development Research Unit, Cape Town, May 1976.

WP 4 Future Demand for Migrant Workers in Western Europe
by W.R. Bbhning, January 1976; (out of print);
also available in Serbo-Croat in "Inostrana Iskustva i Prevodi",
Bilten, Vol. 19, No. 44, 1976, pp. 1-24.

WP 5 Transfert d'emplois vers les pays qui disposent d'un surplus de
main-d'oeuvre comme alternative aux migrations internationales:
Le cas de la Suisse (I)
par D. Maillat, C. Jeanrenaud et J.-Ph. Widmer, Mai 1976
(reprint October 1976);
summary published in Studi Emigrazione/Etudes Migrations, Vol. XV,
No. 51 (September 1978), pp. 361-581.

WP 6 Basic Aspects of Migration from Poor to Rich Countries: Facts,
Problems, Policies
by W.R. Bohning, July 1976 (out of print)
"Determinants of Labour Immigration in Industrialised Countries
of Western Europe", pp. 5-23;


* Much of this paper has been worked into W.R. BBhning, "Migration from
Developing to High-Income Countries", in ILO Tripartite World Conference
on Employment, Income Distribution and Social Progress and the International
Division of Labour, Background Papers, Vol. II: International Strategies
for Employment, Geneva, 1976, which may be obtained through major book-
sellers or from ILO Publications (22.50 Swiss Francs)







- 38-


"Return Migrants' Contribution to the Development Process
The Issues Involved", pp. 23-58;
"Migration and Policy: A Rejoinder to Keith Griffin", pp. 39-50;
"The Migration of Workers from Poor to Rich Countries: Facts,
Problems, Policies", pp. 51-70;
the latter paper has been published in IUSSP, ed., International
Population Conference, Mexico, 1977, Vol. 2 (Liege, 1977), pp.
307-318.

WP 7 Transfer of Employment Opportunities as an Alternative to the
International Migration of Workers: The Case of the Federal
Republic of Germany (I)*
by U. Hiemenz and K.-W. Schatz, August 1976;
parts published in German, "Internationale Arbeitsteilung als
Alternative zur Auslnderbeschaftigung Der Fall der Bundes-
republik Deutschland", Die Weltwirtschaft, No. 1/1977, pp. 35-58.

WP 8 Transfert d'emplois vers les pays qui disposent d'un surplus de
main d'oeuvre comme alternative aux migrations internationales:
Le cas de la Suisse (II)
par D. Maillat, C. Jeanrenaud, J-Ph. Widmer, January 1977(out of print);
summary published under the title "Transfert d'emplois et d4s-
4quilibres r6gionaux", in P. Caroni, B. Dafflon and G. Enderle, eds.,
Nur Oekonomie ist keine Oekonomie (Bern, Haupt, 1978), pp. 287-303.

WP 9 Transfer of Employment Opportunities as an Alternative to the
International Migration of Workers: The Case of Spain and Turkey
vis-a-vis the Federal Republic of Germany (II)*
by U. Hiemenz and K.-W. Schatz, April 1977

WP 10 Black Migration to South Africa What Are the Issues?
by W.R. Bbhning, June 1977 (out of print)

WP 11 Labour Export in Southern Africa: Some Welfare and Policy Implica-
tions with Regard to a Joint Policy on Recruitment Fees
by Charles W. Stahl, July 1977

WP 12 Swaziland Labour Migration Some Implications for a National
Development Strategy
by M.H. Doran, August 1977 (out of print)

WP 13 Migration and Agricultural Development in Swaziland: A Micro-
Economic Analysis
by A.R.C. Low, August 1977 (out of print)



Issued as an ILO book under the title Trade in Place of Migration:
An Employment-Oriented Study with Special Reference to the Federal
Republic of Germany, Spain and Turkey, by U. Hiemenz and K.-W. Schatz
(Geneva, 1979). Available from booksellers, ILO offices in many
countries or direct from ILO Publications (17.50 Swiss frs. limp cover,
27,50 Swiss frs. hard cover); also in Spanish.








- 39 -


WP 14 Transfert d'emplois vers les pays qui disposent d'un surplus
de main d'oeuvre comme alternative aux migrations internatio-
nales: Le das de la Suisse (III) Le comportement de l'entre-
preneur face la penurie de main-d'oeuvre: Resultats d'une
enquete par questionnaire
par C. Jeanrenaud, D. Maillat et J.-Ph. Widmer, September 1977
(out of print)
summary published under the title "Reactions of Swiss employers
to the immigration freeze", in International Labour Review,
Vol. 117, No. 6 (November-December 1978, PP. 733-745; also in
French and Spanish.

WP 15 A Preliminary Assessment of Labour Movement in the Arab Region:
Background, Perspectives and Prospects
by J.S. Birks and C.A. Sinclair, October 1977 (out of print)

WP 16 Foreign Migrant Labour in Southern Africa: Studies on Accumula-
tion in the Labour Reserves, Demand Determinants and Supply
Relationships
by D.G. Clarke, November 1977 (out of print)
"Accumulation and Migrant Labour Supply in the Labour Reserve
Economies of Southern Africa", pp. 1-40
"Some Determinants of Demand for Foreign African Labour in
South Africa", pp. 41-78
"Foreign African Labour and the Internalisation of Labour
Reserves in South Africa, 1970-77", PP. 79-130.

WP 17 Bureaucracy and.Labour Migration: The Lesotho Case
by Malcolm Wallis, November 1977

WP 18E Compensating Countries of Origin for the Out-Migration of Their
People
by W.R. Bohning, December 1977 (out of print);
also available in Serbo-Croat in Centar Za Istrazivanje Migracija
Zagreb, ed., "Rasprave o Migracijama", Svezak 48 (Zagreb 1978),
PP. 7-45.

WP 18F Comment didommager les pays d'origine des migrants?
par W.R. BBhning, December 1977

WP 19 The State and Labour Migration in the South African Political
Economy, With Particular Respect to Gold Mining
by John Bardill, Roger Southall and Charles Perrings, December
1977

WP 20 International Labour Supply Trends and Economic Structure in
Southern Rhodesia/Zimbabwe in the 1970s
by D.G. Clarke, January 1978 (out of print)

WP 21 Regulating International Migration in the Interest of the De-
veloping Countries: With Particular Reference to Mediterranean
Countries
by Klaus H. Hbpfner and Maria Huber, February 1978 (out of print)

WP 22 Migrant Labour in Swaziland: Characteristics, Attitudes and Policy
Implications
by Fion de Vletter, February 1978 (out of print)







- 40 -


WP 23 Return Migration from West European to Mediterranean Countries
by Han Entzinger, March 1978 (out of print)

WP 24 Possibilitis de transfer d'emploi vers les pays d'*migration
en tant qu'alternative aux migrations internationales des
travailleurs: Le cas francais (I: Elments introductifs)
par G. Tapinos, et al., April 1978

WP 25 Possibilit6s de transfer d'emploi vers les pays d'6migration
en tant qu'alternative aux migrations internationales des
travailleurs: Le cas francais (II: Etudes sectorielles)
par G. Tapinos, et.al., May 1978

WP 26 Possibilit6s de transfer d'emploi vers les pays d' migration
en tant qu'alternative aux migrations internationales des
travailleurs: Le cas fran ais (III: Les pays de depart et
synthbse)
par G. Tapinos, et al., May 1978

WP 27 Human Capital on the Nile: Development and Emigration in the
Arab Republic of Egypt and the Democratic Republic of the Sudan
by J.S. Birks and C.A. Sinclair, May 1978

WP 28 The Sultanate of Oman: Economic Development, the Domestic Labour
Market and International Migration
by J.S. Birks and .C.A. Sinclair, June 1978

WP 29 Migration and Reintegration: Transferability of the Turkish
Model of Return Migration and Self-help Organisation to other
Mediterranean Labour-Exporting Countries
by M. Werth and N. Yalcintas, June 1978 (out of print)

WP 30 Nature and Process of Labour Importing: The Arabian Gulf States
of Kuwait, Bahrain, Qatar and the United Arab Emirates
by J.S. Birks and C.A. Sinclair, August 1978

WP 31 Migrant Labour and Rural Homesteads: An Investigation into the
Sociological Dimensions of the Migrant Labour System in
Swaziland
by Beth D. Rosen-Prinz and Frederick A. Prinz

WP 52 LR-12: A Preliminary Simulation Model of the Effects of Declining
Migration to South Africa on Households in Botswana
by William M. Woods, September 1978

WP 33G Befragung Jugoslawischer Haushalte in der Bundesrepublik Deutsch-
land
by C. Bock and F. Tiedt, September 1978

WP 54 Elements of a Theory of International Migration and Compensation
by W.R. Bbhning, November 1978

WP 55 The Women Left Behind: A Study of the Wives of the Migrant
Workers of Lesotho
by Elizabeth Gordon, December 1978






41 -




WP 36 Regularising Indocumentados
by W.R. Bbhning, April 1979




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