A/HRC/32/40
12.
Traditionally, migration has only been regulated at the national level, with migration
and trade considerations operating in separate spheres. With globalization, however, trade
policies and migration policies have become more interconnected owing to the desire to
liberalize economies and facilitate the mobility of labour between countries and regions.
Migrants are rarely viewed as people with rights, but instead as “factors of production” in
trade and may be “commoditized”3 in terms of the services they can provide or the goods
they can produce. Even in the current neoliberal economic climate, trade negotiators are
often confronted with barriers, such as restrictive immigration policies, obstacles to visa
issuance, discrimination against foreign workers and limited recognition of professional
qualifications, that are shaped by fluctuating labour market needs and national security
concerns.
13.
Migration schemes, which also respond to regional variations in sectoral demands
for labour and migratory patterns, have not managed to keep pace with the rapid increase in
mobility. This has triggered a resurgence of non-traditional, precarious and informal types
of work that exist beyond the regulatory framework, especially in economic sectors, such as
domestic work, agriculture, food processing and packaging, construction, hospitality, health
and elderly care, tourism, fisheries and extraction, that can be delocalized only with
difficulty.
Limited treatment of migrants in multilateral trade negotiations
14.
The General Agreement on Tariffs and Trade first introduced the concept of a
multilateral trading system founded on the principles of non-discrimination and reciprocity.
Adopted after the end of the Second World War, the Agreement aimed to significantly
reduce tariffs and barriers to trade worldwide.
15.
The Uruguay round of negotiations (1986-1994) ambitiously sought to expand the
competence of the General Agreement on Tariffs and Trade into new areas, such as trade in
services, capital, intellectual property, textiles and agriculture, but focused almost
exclusively on persons linked to a commercial presence (intra-corporate transferees) and
high-skilled labour. Limited mention of labour in the multilateral system occurs in the
General Agreement on Trade in Services, mode IV, specifically article I:2 (d), which covers
the mobility of “natural persons who are service suppliers of a Member, and natural persons
of a Member who are employed by a service supplier of a Member, in respect of the supply
of a service”. According to the annex on movement of natural persons supplying services
under the Agreement, mode IV does not concern itself with individuals seeking access to
the employment market in the destination country, nor does it affect processes regarding
citizenship, residence or employment on a permanent basis.
16.
While some States have insisted that the World Trade Organization (WTO) address
the issue of “social dumping” through the inclusion of trade provisions requiring States
parties to observe minimum workers’ rights, the responsibility of regulating labour
standards has been kept outside of multilateral trade negotiations.
17.
Since 2001, several attempts have been made during the Doha round to expand the
classes of workers covered by the General Agreement on Trade in Services, by recognizing
developing countries’ comparative advantage across specific service sectors and
abandoning the economic needs test, which leaves States wide discretion on which workers
to admit. Even after the 2015 WTO ministerial conference in Nairobi, however,
negotiations have still not resulted in solid commitments to low-wage labour.
3
See the Declaration concerning the Aims and Purposes of the International Labour Organization, in
which the ILO General Conference reaffirmed that labour is not a commodity.
5