NAPAs can be a tool to better manage labour migration in a triple-win scenario: they benefit both countries of assignment and destination and migrant workers themselves. In addition, it can be a way for the country of origin to ensure that migrant workers receive adequate work and conditions of employment, in addition to ensuring that they are covered by social protection (ILO/IOM/OSCE, 2007). ILO/IOM/OSCE (2007). Handbook on Defining Effective Labour Migration Policies in Countries of Origin and Destination, International Labour Organization, International Organization for Migration, Organization for Security and Cooperation in Europe. 248 pp. Accessible: www.osce.org/secretariat/19242 We have created two datasets based on the 582 BLA we have identified. The first dataset – the BLA Treaty Dataset – used the contract as a compliance unit. The second set of data, BLA`s DyadYear dataset, uses the dyad year as the unit of observation. The Dyad Year dataset is structured to be ready for analysis by other scientists and contains a number of variables from other public datasets (complete citation information can be found in the corresponding codebooks).
You can find more details about these two agreements below. As part of this process, we have identified 582 bilateral labour agreements. However, this list is almost certainly not exhaustive. Many BLA are not stored in major international contract databases and often do not receive much, if any, advertising. Therefore, we know that our data set is incomplete. We are not aware of any other public document of these agreements, and we believe that this is the largest list of agreements ever compiled. We would be happy to be informed of other bilateral working agreements or errors in our data. Couples from countries have signed hundreds of bilateral labour agreements (BLA) to regulate the influx of migrants between countries.
However, unlike bilateral investment treaties or preferential trade agreements, NAPAs have received little attention from social scientists or lawyers. We believe this is largely due to the fact that it was difficult to obtain information on the existence of these agreements. To solve this problem, we participated in a multi-year project to try to identify each BLA signed from 1945 to 2015. For this dataset, the unit of observation is a dyad year. The initial country year model is based on a dataset created by the Correlate of WAR (“COW”) project and available under www.correlatesofwar.org/data-sets/state-system-membership (we used the 2011 version). We then expanded it by adding Hong Kong as well as the years 2012-2015 for all the countries that existed from 2011. We then filled the invoice with a variety of dyadic and country-specific controls, e.B migration and trade flows, GDP and population. For a complete list of controls and their main sources, see the codebook. We merged this dataset with our list of contracts and created a set of variables that correspond to those contracts. Drawing on the ilo`s and IOM`s experience in providing technical assistance and advice to governments, regional economic communities and other partners on labour migration, this toolkit aims to provide you with practical advice on how to develop and implement effective bilateral labour migration agreements to improve the management of labour migration flows and strengthen the protection of labour migration. migrant workers. and ensuring that international recruitment and placement meet labour market needs.
ILO (2019). Bilateral agreements and regional cooperation. Accessible: www.ilo.org/asia/areas/labour-migration/WCMS_226300/lang–en/index.htm Today, millions of people around the world migrate in search of work to secure their livelihoods. Migrant workers face a variety of vulnerabilities and challenges in their destination countries, including access to social protection. Access is hampered by migration, (in)employment, residence and, above all, citizenship status (Fornalé, 2017). In addition, migrant workers are at risk of losing social benefits in their country of origin due to their absence from their country of origin (ILO/IOM/OSCE, 2007). Bilateral Labour Agreements (BLA) and Memoranda of Understanding (MOUs) have become popular tools for the protection of migrant workers to address challenges related to the accessibility of social protection (Wickramasekara, 2015). The International Labour Organization (ILO) has recognized BLA and memoranda of understanding as best practices for managing labour migration (Wickramasekara and Ruhunage, 2018).
To identify BLA, we took five steps. First, we searched for BLA in the UN treaty series using keywords, and then we looked at the results to identify relevant agreements. The specific keywords we searched for were: “work”, “work”, “working holiday”, “job”, “employee”, “border”, “cross-border”, “trainee”, “profession” and “mobility”. Second, we used the same process to search the Global Treaty Index. Third, we searched the International Labour Organization website. Fourth, we searched the Internet for the BLA we saw mentioned during our research in academic articles and the press that could not be found in the above databases. Finally, we searched the State Department databases of countries that previous surveys revealed had signed a large number of AGREEMENTS. Chilton, A. S.
and Posner, E. A. (2017). Why countries sign bilateral labour agreements, Coase-Sandor institute for law and economics working paper n. 807, The University of Chicago law school, p. 51. Accessible: chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2497&context=law_and_economics experts from regional or international organizations managing migration programs This toolkit, consisting of four modules, guides you through all stages of the development of BLMas, from the design and negotiation to the implementation of bilateral agreements on labour migration. The terms of BLA negotiated and set by states can vary considerably. Nevertheless, there are several characteristics that agreements may have in common.
For example, the country of destination protects migrant workers from ill-treatment in their jobs and guarantees access to health care. The country of origin, on the other hand, can meet the requirements by controlling the migratory flow. While both countries, sender and receiver, generally agree on worker surveillance (Chilton and Posner, 2017). For this dataset, the observation unit is a contract. The contracts came from various sources specified in the source of the variable agreement. We were able to obtain copies for 254 of the 582 bilateral collective agreements we identified. We have also divided the agreements into three types: new, amending and replacement. A modification agreement is an agreement that specifically refers to a previous agreement and contains changes to the terms and conditions.
A replacement agreement is an agreement that explicitly replaces a previously existing agreement. Otherwise, we assume that the agreement is new. Bilateral labour agreements, such as bilateral agreements and memoranda of understanding on labour migration, have recently gained prominence as instruments to facilitate the free cross-border movement of workers. While bilateral agreements can play an important role in ensuring the protection of migrant workers` rights, in practice they have a number of gaps in terms of design, content, monitoring, implementation and impact. .