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MOVEMENT
OF NATURAL PERSONS AND THE DOHA
ROUND.
While at VOE
we may favor a wide range of expression in many languages, yet
basically our aim is toward cohesion in variety, solidarity in
diversity.
That is the reason why we are attentive on the
proper span of the European Union, its optimal borders, so that
too large an extension of range shall not undermine unity of
substance.
The number of articles found in this website
on the Turkish
candidature is an expression of that
concern.
Another element which requires caution are the
flows of migration
which globalization will bring with it (as
well as laxity of our governments).
If limits of tolerance should be exceeded
society may be fractured. That will happen in each of our
European countries to the varying extent of their laxness, but as
a result also cohesion between the countries will be
fractured.
Related to that concern we want to mention a
point which comes up in the efforts made
towards the DOHA round of multilateral trade
negotiations.
We are profoundly in favor of those efforts,
for many reasons. They will strengthen Europe and help solving
problems in specific european countries. It may cost Europe
giving up on part of its agricultural subsidies, but if that
could help developing countries to grow and thereby retain their
populations, so much the better.
On one part of the DOHA round we would suggest
caution, namely the part concerned with freedom in providing
services and the connected flow of natural persons.
Again basically we are in favor:an appropriate measure of liberalization of the movement of natural persons may
increase productivity, and increased
productivity is what ageing societies in Europe will need. At the same time a morel iberal attitude on
this point may show that “industrialized countries
and developing countries are able to work together to ensure that
the benefits of globalization are spread more
widely” as the ICC recently put it.
For those interested in a background to this
topic reference to a document of the Internhamber of Commerce,
the World Business Organization, will be useful (reference ICC
recommendations on the movement of natural persons, Policy
Statement.)
The document deals more specifically with the
question in how far the free movement of natural persons should
be incluced in the DOHA trade negotiations. Many entrepreneurs
claim that they need freedom to move personnel to supervise their
investments in host counties, to train on foreign locations, or
just for career development of personnel, or to perform
specialized functions abroad in order to perform tasks connected
with their activities abroad, be their in commerce or
investments.
So far so good. Indeed for such purposes
procedures could and should be facilitated. There is scope to
cl;arify procedures. For temporary work regulations may well be
made lighter than for permanent migration Mutual recognition of
diplomas should be pursued We applaud the ICC and those who work
in that direction.
Nevertheless we have to be careful to
borderlines, and not to overstretch and thereby spoil a good
program. We should abstain from stretching such a program for
migration of natural persons to the point where it might lead to
mass migration , or to the undercutting of social policies in the
host countries. An article illustrative of some concerns in the
USA may englighten us, and reference is therefore made (Jessica M
Vaughan – “Some lost jobs
never leave home” The Washington Post May 2 2004 p B2
We are happy to have this opportunity to salute
CIS, the Center of Immigration Studies)
We shall limit ourselves however to a more
basic comment and recommendation which we venture to phrase in
the following way:
Let us be careful not to expand the DOHA
program on the movement of natural persons where it would lead to
massive flows of guest workers as we have seen in Europe during
the ‘60s and 70’s.
Movement for tasks necessary for and
incidental to valid commercial and financial investment purposes
will be a good thing. However stretching it to such an extent
where the financial rationality would mostly depend on lower
labour costs, compared to local costs would be a bad
thing.
A genuine connection between the need for
movement of natural persons and the
rationality of the cross border business project should be kept
in view. We might well expand the concept of “economic
needs tests” often imposed by host countries, when they
insiste on a favorable priority employment chance for their
nationals. We might add: sending natural persons abroad may be
subject to an inherent “needs
test” at the very base of the project evaluation. Let us
see whether this concept can fly.
Competing on
just lower wage and connected labor costs hould not be sufficient
title to get a DOHA freedom of movement for natural
persons.
We hope all organizations with an interest in
the DOHA round would keep this question at heart. Let there not
be a false “Grand
Bargain” where the cooperation of developing
countries in the Doha round on trade and investment matters would
be bought by unreasonable stretching of the movement of cheap
guest workers.
Let organizations like the International Labor
Organization, the WTO, entrepreneurial
organizations and civil society (for instance EDC, UNIAPAC, the International Christian Union of
Business Executives, the Center for Immigration Studies in
Washington and other similar bodies) to continue devoting their creativity and prudence to this matter.
But since the quoted document came from the International Chamber
of Commerce, our plea goes to them in the first
place.
Gerard Hannezo
Anton Smitsendonk
Paris june 2004
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