PUTTING WOMEN & IRREGULAR MIGRANTS INTO OUR LINE OF VISION Kamala Chandrakirana National Commission on Violence Against Women Indonesia International Conference on the Human Rights of Migrants in a Multicultural Society Seoul, 10 November 2008

THE JAKARTA PROCESS A regional meeting initiated by Indonesia’s National Commission on VAW on the Human Rights of Migrants on July 2006 in Jakarta Special focus on the most disadvantaged among migrant workers: women migrant domestic workers migrant workers in an irregular situation Participants from 4 NHRIs & 13 CSOs in 8 Asian countries UN Special Rapporteur on HR of Migrants International agencies

Why Women & Irregular Migrants? growing phenomena of irregular migration and transnational domestic work social vulnerability of migrant workers employed in 4D jobs: dirty, demanding, dangerous and even leading to death vulnerability arising from being outside the purview of legal protection (national and international) the imperative of state responsibility and the necessity of effective protection in combating irregular migration the principle that migrants are human beings with rights and active agents of development

The denial of their rights and protection are often couched on norms which manipulate ‘difference’ in a multicultural society in order to create social and political exclusion - portrayals as ‘uninvited guests’ - campaigns of ‘war against illegal migration’ For women, stigmatization of the migrant woman as someone who has forfeited her self respect as a ‘good woman’

The HR Challenge: No Vision the incoherent state of international standards on substantive protections for migrant workers, including the lack of sharpness on the specific vulnerabilities and violations faced by women migrant domestic workers and the tenuous footing of standards for migrant workers in irregular situation the inadequate or lacking of expansive and holistic definitions and interpretations of state obligations on the human rights of women migrant domestic workers and migrant workers in an irregular situation, particularly in reflecting the inter- relatedness of rights throughout the labor migration process and elaborating on the due diligence standard “No human being is illegal” (Jakarta Process Review, 2008)

The HR System: Critical Gaps 1.lack of effective national and cross-border (trans-national) complaints mechanisms 2.absence of comprehensive human rights documentation and reporting systems on migrants’ rights: national & regional levels 3.limited capacities of NHRIs to mainstream migrants rights into their work 4.minimal inter-linkage between institutions (civil society & state) which support rehabilitation, redress, compensation and re-integration of abused migrants in all phases of the migration process

Towards A New Vision A comprehensive, integrated and multi-treaty approach to effective promotion and protection of the human rights of all migrants, applying the highest possible standards of human rights for migrant workers in an irregular situation and women migrant domestic workers

Highest Possible Standards 1.broadest application of guaranteed human rights, including introduction of new provisions responsive to specific vulnerabilities 2.least distinction between the human rights of citizen vs non- citizen 3.most expansive definition of human rights taking account of the situations, disadvantages, and perspectives of female and male migrant workers with irregular status or in domestic work 4.broadest set of comprehensive definitions on acts or omissions recognized as violations of these rights that correspond to the widest range of experienced violations by female and male workers 5.broadest and comprehensive definition of state obligations with respect to the specific contexts of female and male migrant workers with irregular status or in domestic work 6.most narrow provision for permissible restrictions on human rights allowed states, with clear criteria

An all-encompassing HR Infrastructure a constitutional, legal and policy framework consistent with international standards independent, truly representative, and effective NHRIs in conformity with the Paris Principles state structures and mechanisms: independent judiciary, representative parliament with parliamentary human rights bodies, and an effective and accountable executive branch a strong and dynamic civil society political space and processes that allow dissent, public debates & new consensus building a culture of human rights in which state and society observe human rights standards

Key Stakeholders The Jakarta Process called upon the NHRIs to take concrete measures on human rights protection for migrant workers in an irregular situation and women domestic migrant workers based on the principle of the universality of human rights The Jakarta Process emphasized the importance of active participation of migrant workers and civil society organizations in this process

Necessary Strategic Steps To push for the highest possible standards for all migrants generate public debate to reframe discourses strengthen cooperation between migrant workers, civil society advocates, NHRIs, and relevant state agencies develop and implement a state-of-the-art monitoring system on the human rights of migrant workers, with benchmarks and indicators, complaints mechanism and reporting system promote the necessary legal and policy frameworks Simultaneously, at the national, regional and international levels

Specific Inputs: NHRIs To integrate into the implemenation of their HR mandate by formulating comprehensive and integrated plans of action creating specialized structures and systems of coordination and monitoring within the their own institutions allocating adequate human and material resources strengthening capacity to enhance understanding and skills among the NHRIs’ leadership, management and personnel developing strategic and institutionalized cooperation and partnerships with key stakeholders within state & civil society, including migrant workers

Appeal to APF NHRIs An appeal made based on the Jakarta Process to the 13 th annual APF meeting of July 2008 in Kuala Lumpur Focus of appeal on the urgency of a regional standard setting on the human rights of all migrants which incorporates the specific contexts of migrant women and irregular migrants APF note of this call for regional standard setting in its Concluding Statement

Specific Inputs: CSOs To play proactive role by initiating debate to further develop the highest possible standards on human rights for migrant workers in an irregular situation and migrant domestic workers convening consultations and cooperation with key national and international human rights monitoring bodies as well as relevant regional networks organizing region-based activism & expanding global and South-South solidarity to create and strengthen leverage in challenging existing discourse and pushing for more responsive standard setting for the most disadvantaged among migrants

The Seoul Guidelines Some suggestions: adopt the language of ‘the highest possible standards of human rights” for all migrants provide special mention of women migrant domestic workers and migrant workers in an irregular situation clarify the role of civil society including women’s rights organizations commit to building a regular human rights reporting process at national & regional levels