Migrant access to social protection: A review of 120 countries and nine Bilateral Labour Arrangements
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In sum, as the BLAs and MoUs analyzed in this study have been concluded for the primary purpose of organizing migration for employment and regulating the conditions
of transfer and employment of migrants, limited social security provisions are found in those agreements. Where bilateral SSAs exist, lack of coordination of social security
schemes appears to have been addressed through provisions in SSAs providing, amongst others, equality of treatment and portability of benefits. However, significant
gaps persist, in particular where no SSA has been concluded between countries of origin and destination including transit and where national legislation of destination
countries is restrictive in its personal scope of application. In this regard, implementation of the above measures by member States can contribute to fill the gaps
related to migrant workers’ access to social protection. Given the crucial importance of social security in the employment relationship, and taking into account the restrictions
governing national social security schemes, it is essential that both BLAs and MoUs address social protection of migrant workers by including specific provisions on social
security in line with agreed standards laid down in international legal instruments relevant to migrant workers. Establishing a solid legal base through the inclusion of
such provisions in bilateral arrangements is a first step towards enhancing migrant
workers’ social protection with a view to achieving the realization of their right to social security.
Migrant access to social protection: A review of 120 countries and nine Bilateral Labour Arrangements
45
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