310
WO R L D D E V E LO P M E N T R E P O RT 2 0 1 3
cases, these policies have been introduced unilaterally by the recipient country and have involved little or no international dialogue or cooperation with sending countries. In contrast to the movement of goods and services across borders, few international agreements concern migration in general and migration of workers in particular. Those in existence have limited coverage. ILO Conventions 97 and 143, in force since 1952 and 1978, respectively, seek to protect migrants from discrimination and abuse, and call for penalties and sanctions against those who promote clandestine or illegal migration. But these conventions have been ratified by only 49 and 23 countries, respectively. Mode 4 of GATS covers exports of services conducted through individuals present in another WTO member country.109 It entered into force in 1995 and covers all signatories to the WTO, but only a limited number of services have been liberalized by either developed or developing countries, with very few moving ahead in sensitive areas like health services. Finally, the United Nations International Convention on the rights of all migrant workers and members of their families aims to “contribute to the harmonization of the attitudes of States through the acceptance of basic principles concerning the treatment of migrant workers and members of their families.” This convention entered into force in 2003 but has been ratified by only 22 countries, mostly sending countries. Growing differences in ages, incomes, skills and economic perspectives between countries are likely to create mounting pressures for migration. Despite the interest of both industrial and developing countries in “talent” migration, low-skill migrants will still account for the bulk of cross-border flows in the years to come.110 But readiness to make the most of these growing differences between countries, and manage migration in a mutually beneficial way, is limited. Multicountry agreements have been slow to develop. Bilateral agreements that take into consideration geographical and historical trends, protect basic rights of workers, and take into account the social impacts of migration, could benefit both host and sending countries. Migration is an area where a global perspective is warranted, but views on what needs to be done are quite diverse. One view focuses on
the large earnings differentials between countries, suggesting that the free movement of labor would accelerate global productivity growth and poverty reduction enormously.111 Another perspective focuses on national security and the protection of communities and their cultures, implying the need for barriers to contain migration. Yet another highlights the moral imperative to protect the human rights of migrants, no matter their legal status, and to give shelter to those who suffer any form of persecution.112 None of these views suffices, because none of them alone can address the complex tradeoffs that migration poses for policy design. There are many examples of such tradeoffs. The more that is spent in protecting the welfare of migrants, which sending countries and concerned citizens everywhere demand, the more expensive the use of migrant labor will become, and the fewer the number of workers who will be hired. The more that is done to assimilate and integrate the migrants, which some hostcountry groups favor, the less likely migrants will be to return to their home countries. The more active the policies to attract “talent” migrants, the greater the “brain drain” concerns among sending countries. The higher the protection of sectors such as agriculture by industrial countries, the more likely are migrants from developing countries to work in those sectors. Conditioning foreign aid on banning migration seems unacceptable and would affect fundamental rights of workers by constraining their freedom to move. Stern visa restrictions and deportations usually backfire and may turn overstayers into irregular migrants. These examples indicate that unilateral policies cannot address all these dilemmas. However, the adoption of global agreements setting the conditions of migration and superseding country legislation, seems unlikely. This is why an intermediate solution can be more effective. In many instances, both sending and host countries can benefit from migration through a collaborative approach. Most abuses perpetrated by traffickers, firms, or workers are associated with illegal migrant flows. The formalization of these flows is a basic tool for protecting the rights of migrant workers, while at the same time having them honor the terms under which they were welcomed. This formalization, however, is difficult to enforce without