ASEAN Integration: The 3 “Communities” & Implications to Mobility of Seafarers Prepared by the POEA Marketing Branch for the National Maritime Polytechnic Stakeholders’ Forum: Impact of the ASEAN Integration on Philippine Maritime Manpower 19 August 2015

 labor mobility can both be a factor and driver of economic growth  toward ASEAN integration, there are “communities” that cover inter-related spheres of integration

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Outward Mobility, Global

Outward Mobility, Landbased Workers2014

Outward Mobility, Seafaring

ASEAN Economic Community (AEC)

 “Free flow” under AEC is not absolutely free  managed and not automatic  rules-based  still governed by domestic (immigration and labor) regulations  recognition of qualifications is key Rules of Labor Mobility

What are the rules?

 Philippines - Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act  POEA Landbased Rules  POEA Seabased Rules  Indonesia - Government Regulations concerning the Procedures for the Implementation of Indonesian Employment Abroad By Government (Government Regulation No. 4 of 2013) Policies, Outward Labor Mobility

 Malaysia is implementing accreditation of Philippine- based health facilities that undertake health examinations for workers bound for Malaysia  Singapore is putting up foreign worker levies and hiring quotas Policies, Inward Labor Mobility ASEAN Countries

 Brunei is putting in place localization programs with the following components:  foreign labor quotas, reduced effective June 2014  freeze order for foreign workers: supervisors, assistant supervisors, promoters, drivers, bakers (bread and cake makers), cashiers, butchers, in the wholesale and retail trade  further freeze on foreign workers in transportation, hospitality, support eservices and ICT sectors Policies, Inward Labor Mobility ASEAN Countries

Policies, Inward Mobility Philippines Article 40 of the Labor Code, Employment permit of non- resident aliens. Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor. The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.

Policies, Inward Mobility Limited Practice through Special Temporary Permit (STP) The Bureau of Local Employment only offers limited occupational slots for foreign professionals because this depends on the needs of the country or the local labour market conditions

Policies, Inward Mobility All 47 or 48 professions in the Philippines have been regulated before signing of ASEAN MRA thus existing policies and regulations must be considered in accepting foreign professionals. ASEAN Integration is still rules- based thus all foreign professionals who opted to practice in the country should comply with existing policies and regulations.

Mutual Recognition Agreements under ASEAN

 across ASEAN, the priority occupations that are being opened up are those under MRA:  2005 Engineering Services  2006 Nursing Services  2007 Architectural Services  2007 Surveying  2009 Accountancy Services  2009 Medical Practitioners  2009 Dental Practitioners  2012 Mutual Recognition Arrangement on Tourism Professionals (ASEAN MRA-TP)

 The ASEAN MRA on Tourism Professionals covers 6 general labor groupings:  Front Office  Housekeeping  Food Production  Food and Beverage Services (for Hotel Services)  Travel Agency  Tour Operations (for Travel Services)

 Deployment statistics show that except for Malaysia and Singapore, documented workers bound for ASEAN Countries remain low during the past 5 years  Of special interest is Thailand where deployment is low but almost 20% are professionals under MRAs

ASEAN Socio-Cultural Community (ASCC)

ASEAN Instrument on Migrant Workers  The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (January 2007, 12th ASEAN Summit, Cebu, Philippines.)  Philippine initiative to promote the rights of migrant workers  Outlines obligations of sending and receiving countries to its migrant workers in the region and commitment of ASEAN to protect and promote their rights.  Landmark document : the first specific recognition of the rights of migrant workers in ASEAN.

ASEAN Instrument on Migrant Workers  As a follow up to the ASEAN Declaration on Migrant Workers, the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW) was created during the Senior Labor Officials Meeting SLOM) on May 2008:

ASEAN Instrument on Migrant Workers  Four (4) Main Work Thrusts  Step up protection and promotion of the rights of migrant workers against exploitation and mistreatment  Strengthen protection and promotion of the rights of migrant workers by enhancing labor migration governance in ASEAN.  Regional cooperation against human trafficking in ASEAN, in cooperation w/ Senior Officials Meeting on Transnational Crime  Development of an ASEAN Instrument on the protection and promotion of the rights of migrant workers

ASEAN Instrument on Migrant Workers ACMW-Drafting Team (ACMW-DT)  ACMW Drafting Team created during the 1st ACMW Meeting on September 2008 in Singapore and is primarily created to develop the ASEAN Instrument.  Initially, composed of 2 sending countries (Philippines and Indonesia) and 2 receiving countries (Malaysia and Thailand).  Expanded to include the 10 ASEAN Member States prior to the 4th ACMW-DT Meeting held in Manila on September 2011.

ASEAN Instrument on Migrant Workers  As of the 15 th ACMW-DT Meting (15-17 December 2014, Lao PDR) – Pending articles and principal issues remain unresolved. There are eleven (11) more articles or about 15% of the Instrument’s content to be finalized and three (3) principal issues which are pre- requisite to the finalization of some pending articles.  The unresolved articles and principle issues was elevated to the SLOM held in Manila, Philippines on May 2015 for resolution  To be tackled by ALMM

Cooperation Structure in ASEAN SLOM Subsidiary Bodies SLOM SLOM working group on progressive labor practices to enhance the competitiveness of ASEAN ASEAN committee on the implementation of the ASEAN declaration on the protection and promotion of the rights of migrant workers (ACMW) ASEAN occupational safety and health network (OSHNET) SLOM working group on HIV prevention and control in the work place ASEAN Forum on Migrant Labor

ASEAN Political- Security Community (ASCC)

3 Key Characteristics of the APSC  a cohesive, peaceful, stable and resilient region  community of shared values and norms: democracy, human rights and fundamental freedoms, good governance and the rule of law  a dynamic and outward-looking region

community of shared values and norms: democracy, human rights and fundamental freedoms, good governance and the rule of law  International criminal organizations  Human (with women and child) trafficking  Drug trafficking  Financial fraud and money laundering  Terrorism  Piracy  Intellectual Piracy 3 Key Characteristics of the APSC

ASEAN Community ASEANPolitical-SecurityCommunity(APSC) Enhance rules and good governance for ASEAN ASEANEconomicCommunity(AEC) Enhance integration and competitiveness of ASEAN ASEANSocio-CulturalCommunity(ASCC) Enhance the well- being of ASEAN peoples Migration Issues

 For Outward Mobility  Alignment of curricula with international benchmarks  Continuous worker learning, training and retaining  Increased efficiencies in private recruitment  Protection of those in vulnerable occupations  domestic workers Challenges & Opportunities

 For Outward Mobility on Seafaring  Alignment with STCW Manila Amendments  Implementation of MLC standards and regulations at bilateral level with ASEAN member countries  Cooperation on seafaring  with receiving flags  With seafarer-sending ASEAN member countries Challenges & Opportunities

 For Inward Mobility  equity measures that will include transition strategies;  industrial upgrading to strengthen and expand the base for decent employment  improving competitiveness through continuous on-the-job skills acquisition and development Challenges & Opportunities

 develop a policy issuance that will require OFWs’ possession of appropriate license (professionals) or certification (skilled) prior to deployment to ASEAN countries  develop capacities of frontliners to properly document outward mobility of workers toward AMS Imperatives for OFW Protection

 more on protection for vulnerable occupations : domestic workers, low and semi-skilled work  Ethical recruitment practices  Standard contracts, bilateral arrangements  Anti-human trafficking and anti-illegal recruitment  Instrument to implement the Cebu (ASEAN) Declaration on Migrant Workers  ILO Convention 188 Imperatives for OFW Protection

Salamat po!