Temporary Labour Migration for
Victims of Natural Disasters:
The Case of Colombia
Nicole de Moor
IUCN’s Academy of Environmental Law
Eight Annual Colloquium on “Linkages between Biodiversity and Climate Change”
13-17 September 2010, Ghent University
I. Migration for Development and Adaptation
II. Temporary and Circular Labour Migration
(TCLM)
A. Origin of the TCLM project
B. Beneficiaries
C. Win-Win-Win outcome
D. Legal framework
E. Criticism on temporary and circular migration
F. Replicability of the TCLM programme
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
I. Migration for Development and Adaptation
→ Migration as a tool for development
• country of origin: remittances
• country of destination: labour market
→ Migration as an adaptation strategy
• prevention of forced displacement in own region
• alternative for permanent and urban migration
• enables migration for the most vulnerable
• reduces vulnerability for environmental disruptions
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
II. Temporary and Circular Labour Migration
Programme (TCLM)
A. Origin of the TCLM project
B. Beneficiaries
C. Win-Win-Win outcome
D. Legal framework
E. Criticism on temporary and circular migration
F. Replicability of the TCLM programme
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
A. Origin of the TCLM project
Lack of seasonal labour forces in Spain
Unión de Pagesos (agricultural trade union) : seasonal
labour migration project (2001)
!!! focus on co-development !!!
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
B. Beneficiaries
Vulnerable communities
→ Communities at high risk of natural
disasters:
• Eruption of the Galeras volcano
(2006)
• Extension to rural communities
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
C. Win-Win-Win outcome
1. Country of destination: Spain
• Demand for low-skilled labour
• Management of (seasonal) labour migration
2. Migrants
• Livelihood alternative
• Financial and social remittances
• Increase resilience
• Alternative to forced/permanent/urban migration
3. Country of origin: Colombia
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
C. Win-Win-Win outcome
1. Country of destination: Spain
2. Migrants
3. Country of origin: Colombia
• Land can recover
• Generate development
→ More time is needed…
→ More support is needed…
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
D. Legal Framework
• Bilateral agreement between Spain and Colombia
• Spanish migration law: Organic Law on rights and freedoms of foreigners
 quota of migrant workers
Seasonal workers: bilateral agreements
 list of sectors for seasonal migration
 maximum period of 9 months within 12 months
 recruitment in the country of origin
 return at the end of working period
 flexibility
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
E. Criticism on temporary and circular migration
• Lack of legal protection
→ information + assistance
• Risk of circumvention
→ visa for period of 9 months
→ after compliance for 2 years: exception to labour market test
→ information on consequences of irregular stay
→ community involvement
→ chance to be re-invited
• Social and psychological impact for migrants and families
→ support
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
F. Replicability of the TCLM programme
• Political, economic and institutional context
• Political support for migration, development and
adaptation
• Need for labour forces
• Policy towards irregular migration
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
F. Replicability of the TCLM programme
• Political, economic and institutional context
• Legal Framework
• Possibility for (seasonal) labour migration
• Limitations to certain nationalities, sectors, jobs,…
• Incentives for circularity
• Flexibility
• Efficiency of the procedure
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
CONCLUSION
• Environmental migrants as agents for development
• Replication:
• flexible legislation
• migration policy linked to development and adaptation
• Limitations:
• not permanently uninhabitable
• context-based
• limited amount of beneficiaries
• Coherent approach: linking policies on migration,
development and adaptation
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law
Thank you for your attention
Temporary Labour Migration for Victims of Natural Disasters – Nicole de Moor – 16/09/2010
Faculty of Law – Department of Public International Law