Protecting Migrant Workers’ Rights to Social Security: ILO standards and ASEAN experience Celine Peyron Bista ILO Bangkok 8 April 2015

Structure of the presentation What is social protection? ILO standards related to social security and the protection of migrant workers’ social security rights ASEAN integration and social protection for migrant workers

What is social protection?

An Universal Human Right Social security is a human right – Articles 22 and 25 Universal declaration of human rights, 1948 – International Covenant on Economic, Social & Cultural Rights, 1966 Flagship Convention 102, 1952 Recommendation 202, 2012 reaffirms universal right to social security

At all stages of life People face contingencies during their lives Life cycle Old age Work injuryMaternityUnemployment Death of the breadwinner InvalidityFamilies with children These have financial consequences Sickness / ill health

Services and cash benefits To compensate for the loss of income & covers health care expenditures To facilitate access to social services and fulfill basic needs FINANCIAL SUPPORTACCESS TO SERVICES THE PROTECTION PROVIDED BY SOCIETY SOCIAL TRANSFERS

A minimum entitlement for all Population Level of protection Poor Rest of informal sectorFormal sector All residents should enjoy at least a minimum level of social security Member states of the ILO should establish social protection floors as a fundamental element of their social security systems Nationally defined social protection floor Higher levels of SP

Four guarantees for all residents  All residents have access to essential health care  All children enjoy income security through transfers in cash or kind  access to nutrition, education and care  All residents in active age groups who cannot earn sufficient income enjoy a basic income security (particularly in case of sickness, unemployment, maternity, disability)  All residents in old age and with disabilities have income security through pensions or transfers in kind

Nationally defined social protection Social protection Contributory= social insurance Tax-funded= social welfare CompulsoryVoluntaryTargetedNon-Targeted Formal employees, civil servants Extension of social insurance to informal sector Means- tested child allowance Universal pension schemes

ILO standards related to social security and the protection of migrant workers’ social security rights

11 C 121 Employment Injury Benefits Convention, 1964 C 130 Medical Care and Sickness Benefits Convention, 1969 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 183 Maternity Protection Convention, 2000 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 ILO’s norms for implementing the right to SS R. 202 Social Protection Floors Recommendation, 2012 (No. 202) C.102 Social Security (Minimum Standards) Convention, 1952 R67 Income Security Recommendation, 1944R69 Medical Care Recommendation, 1944 C 118 Equality of Treatment (Social Security) Convention, 1962 C 157 Maintenance of Social Security Rights Convention, 1982 C 19 Equality of Treatment (Accident Compensation), 1925

12 C 121 Employment Injury Benefits Convention, 1964 C 130 Medical Care and Sickness Benefits Convention, 1969 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 183 Maternity Protection Convention, 2000 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 ILO’s norms for implementing the right to SS R. 202 Social Protection Floors Recommendation, 2012 (No. 202) C.102 Social Security (Minimum Standards) Convention, 1952 R67 Income Security Recommendation, 1944R69 Medical Care Recommendation, 1944 C 118 Equality of Treatment (Social Security) Convention, 1962 C 157 Maintenance of Social Security Rights Convention, 1982 C 19 Equality of Treatment (Accident Compensation), branches of social security Minimum percentage of people covered (e.g. 50% of all employees or 20% of all residents) Minimum levels of benefits guaranteed Maximum qualifying period for entitlement to benefits Minimum duration of benefits

13 C 121 Employment Injury Benefits Convention, 1964 C 130 Medical Care and Sickness Benefits Convention, 1969 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 183 Maternity Protection Convention, 2000 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 ILO’s norms for implementing the right to SS R. 202 Social Protection Floors Recommendation, 2012 (No. 202) C.102 Social Security (Minimum Standards) Convention, 1952 R67 Income Security Recommendation, 1944R69 Medical Care Recommendation, 1944 C 118 Equality of Treatment (Social Security) Convention, 1962 C 157 Maintenance of Social Security Rights Convention, 1982 C 19 Equality of Treatment (Accident Compensation), 1925 Country can ratify C118 with only one branch (out of nine) Equality of treatment to : -all persons who are nationals of any of the other countries that have ratified the convention -refugees or stateless persons Guarantee of export for old age, invalidity, survivors, employment injury benefits Ratified by the Philippines for seven branches

14 C 121 Employment Injury Benefits Convention, 1964 C 130 Medical Care and Sickness Benefits Convention, 1969 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 183 Maternity Protection Convention, 2000 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 ILO’s norms for implementing the right to SS R. 202 Social Protection Floors Recommendation, 2012 (No. 202) C.102 Social Security (Minimum Standards) Convention, 1952 R67 Income Security Recommendation, 1944R69 Medical Care Recommendation, 1944 C 118 Equality of Treatment (Social Security) Convention, 1962 C 157 Maintenance of Social Security Rights Convention, 1982 C 19 Equality of Treatment (Accident Compensation), Urges States to include migrant workers under their national employment injury compensation funds, with the same conditions - Applies without bilateral agreement between to ratifying States - No obligation for payment of benefits abroad Ratified by 6 ASEAN countries

15 C 121 Employment Injury Benefits Convention, 1964 C 130 Medical Care and Sickness Benefits Convention, 1969 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 183 Maternity Protection Convention, 2000 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 ILO’s norms for implementing the right to SS R. 202 Social Protection Floors Recommendation, 2012 (No. 202) C.102 Social Security (Minimum Standards) Convention, 1952 R67 Income Security Recommendation, 1944R69 Medical Care Recommendation, 1944 C 118 Equality of Treatment (Social Security) Convention, 1962 C 157 Maintenance of Social Security Rights Convention, 1982 C 19 Equality of Treatment (Accident Compensation), 1925 In ratifying C157 a country accepts the convention’s obligations for all branches for which it has a scheme in place Ratifying states should endeavor to conclude bilateral or multilateral agreements on the maintenance of rights acquired under their legislation -Maintenance of rights acquired and in course of acquisition: totalizing -Exportability of rights (payment of benefits abroad) Ratified by the Philippines

16 C 121 Employment Injury Benefits Convention, 1964 C 130 Medical Care and Sickness Benefits Convention, 1969 C 128 Invalidity, Old-Age and Survivors' Benefits Convention, 1967 C 183 Maternity Protection Convention, 2000 C 168 Employment Promotion and Protection against Unemployment Convention, 1988 ILO’s norms for implementing the right to SS R. 202 Social Protection Floors Recommendation, 2012 (No. 202) C.102 Social Security (Minimum Standards) Convention, 1952 R67 Income Security Recommendation, 1944R69 Medical Care Recommendation, 1944 C 118 Equality of Treatment (Social Security) Convention, 1962 C 157 Maintenance of Social Security Rights Convention, 1982 C 19 Equality of Treatment (Accident Compensation), 1925 All residents should enjoy at least a minimum level of social security Reaffirms the right to social security for all Member states of the ILO should establish social protection floors as a fundamental element of their social security systems

ASEAN integration and social protection of migrant workers

ASEAN Declaration in Cebu, 2007 January 2007, ASEAN summit in Cebu, Philippines Adoption of the Declaration on the Protection and the Promotion of the Rights of Migrant Workers Acknowledges the difficulties migrant workers and their families encounter in exercising their rights Committed all ASEAN countries to strengthen the protection provided to migrant workers

Creation and extension of social protection floors in ASEAN Adoption of the ASEAN Declaration on Strengthening Social Protection in ASEAN (Oct. 2013) Recognize the right of migrant workers to social protection

Reasons for low access to social protection Legislative barriers – Territoriality for the nationals abroad – Nationality for the immigrant workers Contributory social security only covers a share of the labour force – Mainly formal sector – Undocumented migrants disqualified from SS benefits Even when the migrants contribute, not always entitled to benefits – Qualifying conditions requiring a number of years of contribution – Social security law not in accordance with regulations related to migration No social security agreements between countries Lack of information and language barriers

ASEAN strategy Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions

MONGOLIA Common and shared database of social security situation across ASEAN, useful for pre- departure trainings for migrant workers, progressive ASEAN integration and the development of SS agreements ABND Countries: all ASEAN

ASEAN strategy Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions Support to the implementation of nationally defined social protection floors (cover everybody with at least basic levels of social security) and higher levels of social security through TC, South-South exchange, and so on Access by migrant workers: even if covered by law, still not a reality

ASEAN strategy Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions Support to the implementation of Nationally defined social protection floors (cover everybody with at least basic levels of social security) and higher levels of social security through TC, South-South exchange, and so on Advocating for migrant workers’ access to both the SPF and higher levels of social security In drafting laws, in designing schemes, ensuring that migrant workers are equally covered

Advocating for migrant workers’ social protection ASEAN Trade Unions Statement on Strengthening Social Protection Trade unions’ inputs to the ASEAN Action Plan on Social Protection Study to review legal coverage of migrant workers under social security laws and SPF policies ASEAN tripartite seminar, national workshops

Challenges to the promotion of social security agreements in ASEAN Countries are equipped with different types of schemes (social insurance, provident funds, employers’ liabilities) Schemes and laws are fragmented at the national level (several ministries involved) Unequal level of operational and administrative capacity across countries The principle of reciprocity (some are clearly sending countries, other receiving)

Social security agreements starting with employment injury S P U E A Social insurance Provident fund Universal Employer liability Social assistance many migrant workers are employed in hazardous jobs eight ASEAN countries shave already a social insurance type of scheme for this contingency six ASEAN countries have ratified convention 19 (Myanmar, Indonesia, Malaysia, Singapore, Thailand, Philippines)

To conclude Social protection for migrant workers, it is possible, just a question of political will and commitment