The ILO Multilateral Framework on Labour Migration (MLF) With special reference to Asia Regional Symposium on Deployment of Workers Overseas Dhaka, 15-16 July 2008 Ibrahim Awad Director International Migration Programme 15 July 2008

Structure of the Presentation Main features of Asian labour migration Issues of governance and protection in Asia Features of MLF ILO Rights- Based approach to labour migration Highlights of MLF relevant to Asia Main MLF principles and guidelines in selected areas Actions taken and Follow up Relevant documentation

Main features of Asian labour migration Temporary labour migration on short-term contracts High share of female workers – feminization of Migration Recruitment process dominated by private agencies High need of low skilled migration Concentration of flows to the Gulf countries, especially from South Asia Increasing migration between countries in other sub-regions High incidence of irregular migration trafficking

Issues of governance and protection in Asia Exploitation and abuse of migrant workers in both origin and destination countries Specific problems of women domestic workers Growth of irregular migration Smuggling and trafficking Skill exodus or “Brain drain” Recruitment fraud and malpractices

The MLF The MLF is the centrepiece of the Plan of Action called by the 92nd Session of the International Labour Conference on migrant workers. The ILC adopted a Resolution on a “Fair deal for migrant workers in the global economy”, which called for an ILO Plan of Action, containing seven demands covering all ILO Mandate. The MLF: Non-binding principles and guidelines for a rights-based approach to labour migration adopted in November 2005 by tripartite experts and endorsed by Governing Body in March 2006.

Rationale for the MLF: Increasing complexity on Labour Migration Emergence of issues after the adoption of the ILO conventions (97 and 143) and recommendations Need of new tools for the governance of International Labour Migration Greater role of private sector and private employment services; Feminization of labour migration Growth of irregular migration Proliferation of temporary labour migration schemes Growing emphasis on migration-development nexus

MLF Themes Decent work Means for international cooperation in labour Migration Global knowledge base Effective management of labour migration Protection of migrant workers Prevention and protection of abusive practices Promotion of orderly and equitable process of labour migration Promotion of social integration and inclusion Contribution of Labour Migration to development

ILO Multilateral Framework on Labour Migration: (MLF) - Objectives More effective governance and management of labour migration Improved protection for migrant workers Promoting migration-development linkages Reinforcing international cooperation and multilateral processes. Downloadable from: http://www.ilo.org/public/english/protection/migrant/download/multilat_fwk_en.pdf

ILO MLF - Features A framework of non-binding principles, guidelines and good practices: Serves as a tool kit for guiding national migration policies and practices Provides a checklist to assess current policies and practices Presents a wide set of policy options to constituents Recognizes state sovereignty over migration policy 15 broad principles with corresponding guidelines Annex of 132 best practices

ILO MLF - Features Comprehensive collection of principles and guidelines on labour migration policy. Negotiated and adopted by representatives of tripartite constitutes. Social partnership participation in formulation and implementation of migration policy.

The MLF: a Rights-based approach The MLF is “rights-based” Principles includes: Fundamental rights for migrant workers Human rights of Migrant workers irrespective their migratory situation Rights-Based recruitment process Rights of migrant workers in the workplace

Status of ratification of International labour migration instruments in Asia ILO Convention No. 97: Malaysia (Sabah) (1964); New Zealand (applies to Hong-Kong SAR) (1950) ILO Convention No. 143: Philippines only (2006) International Convention on the Protection of the Rights of all Migrant Workers and their Families, 1990: Philippines (1995); Sri Lanka (1996); Timor Leste (2004)

Use of MLF The MLF can guide national policies and practice in the context of low ratifications: As a checklist an reference to assess existing legislation, policies and practices In negotiating agreements on labour migration In developing declarations or instruments at the regional and sub-regional levels For trade unions, as a resource to protect workers and lobby on migrants’ rights. For employers, on hiring migrant workers and ensuring proper treatment For migrant workers, to learn and campaign about their rights

Highlights of MLF relevant to Asia Guideline 4.5: Ensuring that labour migration policies are gender-sensitive; Principle 5: Expanding avenues for regular labour migration should be considered, (e.g. market needs and demographic trends); Principle 6: Social dialogue; Principle 11: Preventing abusive practices, (smuggling; trafficking; irregular labour migration; prohibiting the retention of identity documents; Principle 12: in planning and preparing for labour migration; Principle 13: Licensing and supervising recruitment and placement services; Many good practices drawn from Asia: Philippines, Malaysia, Thailand, Cambodia, Lao People’s Democratic Republic

MLF principles and guidelines: selected areas

MLF on women migrant workers Principle 12: “An orderly and equitable process of labour migration should be promoted in both origin and destination countries to guide men and women migrant workers through all stages of migration...” Gender-sensitivity and specific labour migration policies Protection on Domestic workers not covered by labour law. To warn potential victims of traffickers Assistance to victims of abuses and malpractices

MLF on workers in irregular status and trafficking Principle 8: “The human rights of all migrant workers, regardless of their status, should be promoted and protected. (…)” Protect all migrant workers by national laws and practice; (e.g. Debt bondage and trafficking); Ensure payment and employment benefits; Impose sanctions against responsible for abusive practices. Adopt and implement legislation and policies to prevent irregular; and to eliminate abusive migration conditions;

MFL on Recruitment and placement services Principle 13: “To licensing and supervising recruitment and placement services for migrant workers in accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its Recommendation (No. 188)”. Standardized system of licensing or certification; Understandable and enforceable contracts; No recruitment for risky jobs; Deter unethical practices; No placement fees charged to migrant workers; Incentives for good performance.

Dialogue with a particular region of destination: the GCC countries Abu Dhabi Declaration (Abu Dhabi Dialogue-Colombo Process (22-24 June 2008) Gulf Forum on Labour Migration (ILO-UAE) (21-22 June 2005)

Gulf Forum on contractual labour mobility: Recommendations inspired by MLF Counseling programmes for contractual workers Ensure that recruitment agencies in both national laws Enhance partnerships between countries Ensure that the workers are protected against recruitment malpractices Uphold the protection of workers in periods of temporary residence, (e.g. health and safety, accommodation, decent work environment and protection of wages and well informed) Facilitate the engagement of civil society in countries of destination (e.g. networking between NGOs in countries of origin and destination)

MLF follow-up in Asia ILO ROAP Regional Action Plan On Labour Migration And Decent Work Country Programmes Migration policy advisory work – Afghanistan, Cambodia, Nepal and Sri Lanka Mobilising support of regional social partners and civil society (e.g. Asean Trade Union Council, South Asian trade unions, Migrant Forum in Asia, WARBE and RMMRU (Bangladesh)) ILO support to ASEAN Migration Forum

Relevant documents ILO report prepared for the discussion – A fair deal for migrant workers in the global economy http://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/rep-vi.pdf Report of the Committee on Migrant Workers http://www.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/pr-22.pdf ILO Multilateral Framework on Labour Migration http://www.ilo.org/public/english/protection/migrant/download/multilat_fwk_en.pdf Note on the Proceedings: Expert Group Meeting on the ILO Multilateral Framework on Labour Migration http://www.ilo.org/public/english/standards/relm/gb/docs/gb295/pdf/tmmflm-2.pdf

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