1. Introduction
International temporary movement of labour continues to face several obstacles. These can be exemplified by the hardships faced by the companies and individuals alike in meeting the conditions posed on visa requirements, residency, economic needs test, recognition of skills, competency evaluation, wage parity, social security measures as well as meeting adopted labour and professional standards and regulations on the national level.
Trade in services has contributed by and large to the emergence of new forms of cross border investments and exchange of highly skilled labour. In this context, many countries have assumed regulatory measures to facilitate and organize the importation of skills for a short period of time, allowing specifically the importation of highly skilled labour, professional, managers and business visitors. Others also incorporated intercorporate transferees of international companies operating within their borders. As such, several countries resorted to unilateral, bilateral and even regional arrangements to organize the movement of highly skilled manpower to their countries.
On the international scene, the General Agreement on Trade in Services (GATS) allows member states in the World Trade Organization (WTO) to negotiate market access of labour within a multilateral framework which recognizes the principles of the Most Favored Nation and National Treatment. The Agreement however allows member countries to come forward with their schedules of commitments on a sectoral basis and according to four modes of supply of the service in question. Mode Four of the agreement relates to the supply of service by means of the movement of natural persons, allowing for the temporary admission of foreign nationals or foreign permanent residents as service providers to a member's territory. Currently, commitments made by member states continue to be of limited nature and are confined to the highly skilled, professionals, managers, and businessmen. Demands to broaden the spectrum of liberalization to include unskilled labour was raised during the Doha Development Round of negotiations. The negotiations might result in further liberalization despite the conservative positions assumed by both the developed and developing countries, justified by social, economic, cultural and security concerns.
Within this context, it is imperative that the Arab countries be kept informed on the latest developments on the ongoing negotiations as regards the movement of natural persons of the agreement (Mode 4) and be fully aware of the respective consequences of the different commitments assumed. The consequences arising from the commitments made might have varied implications on Arab economies and societies pending on the policy mix each country will implement in addressing liberalization, infrastructure suitabilty, business and investment environment, social, labour and economic policies, as well as policies addressing security concerns. As such, it becomes imperative to reach a national consensus as regards the commitments made among the various national stakeholders with the objective of maximizing benefits and minimizing costs.
2. Objectives
The objectives of the two-day Regional workshop are to present the trends and developments in the negotiations for the liberalization of services according to mode four of the GATS agreement. The workshop will address the scope, coverage and implications of commitments made under mode four of the agreement, its relation to the ongoing labour migration and respective implications on Arab labour markets and economies. It will have a closer look at the commitments made by the Arab States and will try to identify the expected impact by means of presenting case studies from Arab countries. It is aspired that the workshop will pause an opportunity to create dialogue on mode four among the various stakeholders responsible for setting national labour, trade and economic policies, as well as representatives of professional, labour and private sector organizations.
The objectives of the two-day Regional workshop are to present the trends and developments in the negotiations for the liberalization of services according to mode four of the GATS agreement. The workshop will address the scope, coverage and implications of commitments made under mode four of the agreement, its relation to the ongoing labour migration and respective implications on Arab labour markets and economies. It will have a closer look at the commitments made by the Arab States and will try to identify the expected impact by means of presenting case studies from Arab countries. It is aspired that the workshop will pause an opportunity to create dialogue on mode four among the various stakeholders responsible for setting national labour, trade and economic policies, as well as representatives of professional, labour and private sector organizations.
Presentations
Session 1: Trade in Services and the Supply of Services through the Movement of Natural Persons (Mode 4)
- Mr. Mohamed Radwan, Team Leader, Trade and WTO Issues Team, GRID, ESCWA
"Movement of Natural Persons in Light of the New World Trade Order" (Arabic) - Ms. Naela Haddad, First Economic Affairs Officer, Trade and WTO Issues Team, GRID, ESCWA
"Trade in Services and its Implications on the Temporary International Movement of Labour" (Arabic) - Ms. Elham Ghassal, Head of Information Unit, ALO
(Presentation not available)
Session 2: Mode 4 of Service Supply in the Context of the GATS - Scope of Coverage and Implications
- Mr. Abdel Hamid Mamdouh, Director, Trade in Services Division, WTO
"The Presence of Natural Persons" (English) - Ms. Jian Pak, Associate Economic Affairs Officer, Trade and WTO Issues Team, GRID, ESCWA "Mode 4: The U.S. Case" (English)
Session 3: Regulatory Policies for the Movement of Natural Persons
- Mr. Ibrahim Awad, Director, International Migration Branch, ILO
"Movement of Natural Persons under GATS - Mode 4: Migration, Development and Labour Regulation" (English) - Mr. Shahidul Haque , Regional Representative of the Middle East, IOM
"Regional and Bilateral Arrangements for Labor Mobility: Potentials and Challenges?" (English) - Mr. Abd al-Basit Abd al-Muti, Expert
"Temporary Migration Policies of Arab Labour" (Arabic) - Mr. Tereso Tullao, Professor, De La Salle University, Philippines
"Major Regulatory Policies for the Movement of Natural Persons: The ASEAN Experience" (English) - Ms. Suparna Karmakar, Senior Fellow, Indian Council for Research on International Economic Relations
"Regulatory Issues for Trade via Mode 4 of GATS: The Indian Experience" (English)
Session 4: The GATS Negotiations as Regards Mode 4, Members’ Commitments and Respective Possible Implications on Growth and Development
- Mr. Abdel Hamid Mamdouh, Director, Trade in Services Division, WTO
"Mode 4 under the DDA negotiations" (English) - Mr. Walid El- Nozahy, Head of the Central Department for World Trade Organization in the Ministry of Trade and Industry, Egypt
"Liberalization of the Movement of Natural Persons according to GATS" (Arabic)
Session 5: Liberalization of the Movement of Natural Persons in the Arab Countries and its Implications on Growth and Development
- Mr. Abd al-Basit Abd al-Muti, Expert
- Mr. Mohamed Amin al-Faris, Expert
- Mr. Walid El- Nozahy, Head of the Central Department for World Trade Organization in the Ministry of Trade and Industry, Egypt
"Recommendations on the Liberalization of the Movement of Natural Persons and it's Implications in the Arab Countries" (Arabic)