10th ASEAN FORUM ON MIGRANT LABOUR 25 & 26 Oct 2017, Philippines Facilitating access to grievance mechanisms for domestic workers Sumitha Shaanthinni Kishna Co-Coordinator Migration Working Group Malaysia ssk010@hotmail.com / +60126845091

Domestic workers’ challenges in accessing grievance mechanisms in ASEAN Countries Unable to leave workplace to seek assistance – isolation with no means of communication, with holding travel documents and lack of information on who and how to seek assistance Lack of documentary evidence/paper trail to support case specially for undocumented workers – eg insufficient information about recruiters, violations by employers Lengthy case management process – high cost of legal representation, unable to work while pursuing redress, absence of probono legal aid, paper judgment, delay in compensation payment

Domestic workers’ challenges in accessing grievance mechanisms in ASEAN Countries (2) Language barriers and unavailability of reliable interpreters to assist DW to understand the process Lack of coordination and collaboration by relevant government agencies eg immigration/labour for case management – too much bureaucracy Ineffective implementation of existing laws/policies results in perpetrators not being punished – futile attempt to seek redress Money (corruption) or political influence by perpetrators may results in fines or case being dropped

Potential of cross border networks of legal aid providers in supporting domestic workers’ access to remedies Cross referral mechanisms between national CSOs and regional CSOs Collaborations between Trade Unions Lawyers Beyond Borders (LBB) South East Asia Public Interest Lawyers (SEAPIL) ASEAN Bar Associations Coalition on Migration

ABACOM Bar Council Migrants Refugees and Immigration Affairs Committee (MRIAC), Migrant Forum in Asia (MFA) and Lawyers Beyond Borders (LBB) organised the ASEAN Bar Association Conference for the promotion and protection of the rights of migrant workers and members of their families in the ASEAN region on 30 & 31 July 2016 in Kuala Lumpur

ABACOM (2) Attended by representatives of the Bar Associations from Malaysia, Singapore Philippines, Vietnam, Cambodia, Indonesia, Myanmar and Timor Leste (Thailand and Laos unable to attend)

ABACOM (3) Adoption of the “Resolution wherein the invited Bar Associations agreed amongst others: Recommend that the national bar associations in ASEAN to pursue the provision of legal services to migrants and their families in countries of origin, destination and across the region to ensure access to justice of migrants and their families; Call on the national bar associations in ASEAN to create specialised interest sections or committees that will focus on migration issues;

ABACOM (4) Establish the ASEAN Bar Associations Coalition on Migration (“ABACOM”) to strengthen cross-border cooperation and implement the above-mentioned initiatives; and Recommend that the MRIAC continues to work as the Secretariat towards the full realisation of ABACOM.

RECOMMENDATIONS Improve capacity and provide adequate human and financial resources for consular and labour services of embassies or foreign missions, in order to support migrant domestic workers’ access to justice and redress Provide education and information on safe migration including essential information on labour and social protection and access to remedies Migrant domestic workers should have the right to stay and work in the country of destination pending completion of their case