1. Task Force on ASEAN Migrant Workers International Conference on Human Rights and Multicultural Society Seoul, 10-12 November 2008 ASEAN Declaration on the Protection and Promotion of the Rights of the Migrant Workers

2. ASEAN Facts Total Population: 540 M. Working Pop: 263M. Migrant Workers 13.5M – 5.3 M based within ASEAN. Over 28.8 million live on less then US$1 per day; 148 million on US$2 per day – high growth has failed to respond to the needs of the poor.

3. Intra-ASEAN labour migration 13.5M migrant workers originating from ASEAN (2005) 5.3M (39%) were intra-ASEAN migration 3 countries host 90% intra-ASEAN migrants –Malaysia (35%) –Thailand (35%) –Singapore (21%) Remittances inflow in 2005: US$26 billion with Philippines accounting for 62%

4. Ratification of Minimum Standards FOA/CBForced LabourDiscriminationChild Labour Country Conv. 87Conv. 98Conv. 29Conv. 105Conv. 100Conv. 111Conv. 138Conv. 182 Brunei2008 Cambodia1999 19691999 2006 Indonesia199819571950199919581999 2000 Lao 1964 2005 Malaysia 19611957den.1997 2000 Myanmar1955 Philippines1953 200519601953196019982000 Singapore 1965 den.2002 20052001 Thailand 1969 1999 20042001 Viet Nam 2007 1997 20032000

5. UN CONVENTION and OBLIGATION ASEAN Countries as members of United Nations are oblige to respect, promote and realize: UN Charter & Universal Declaration on Human Rights ASEAN countries have ratified the following: CEDAW – Convention on the Elimination of Discrimination Against Women CRC – Convention on the Rights of the Child 2007 ASEAN signed an agreement on cooperation with ILO. ASEAN countries are oblige to respect, promote and realize fundamental principles and rights at work, and the ILO Core Labour Standard for all workers.

6. Background Information ASEAN Declaration on the protection and promotion of the rights of migrant workers Bali Concord II - 2003 ASEAN Community Comprising 3 Pillars, namely ASC (later became APSC), AEC and ASCC To ensure that countries in the region live at peace with one another and with the world in a just, democratic and harmonious environment [deals with reduction of poverty] Vientiane Action Programme - 2004 VAP – Annex 1 on Program Areas and Measures of ASEAN Security Community: Index 1.1.4.6 it is mentioned: Elaboration of an ASEAN instrument on the protection and promotion of the rights of migrant workers * Economic Integration by 2015  Task Force on ASEAN Migrant Workers – April 2006 [next slide]  ASEAN Declaration – 13 Jan 2007 ASEAN Declaration on the promotion and protection of the rights of migrant workers ASEAN Committee on the Implementation of the ASEAN Declaration of the protection and promotion of the rights of migrant workers [to be formed by December 2008] ASEAN Charter – Nov 2007 All ASEAN countries have signed and ratified the Charter and will come into effect December 2008 – ASEAN Summit. People-centred ASEAN but still elite-led. Moving towards economic Integration by 2015.

7.  June 2005 ASEAN request WG for ASEAN Human Rights mechanism to assist with VAP human rights items.  Task Force on ASEAN Migrant Workers – April 2006 April 2006 CS-TU Task Force on ASEAN migrant workers formed and in December 2006 submit 15 points Position Paper on the ASEAN Instrument. Most of the points are included in the ASEAN declaration.  April 2007, Task Force reports to the ASEAN Secretariat SG & Human Resource Development, and conducts national consultations on the ASEAN Declaration with all concern stakeholders to draft the model framework instrument on the protection and promotion of the rights of migrant workers  April 2008 The CS-TU Model Framework Instrument will submitted to the ACI – ASEAN Committee for Implementation of the ASEAN Declaration on the protection and promotion of the rights of migrant workers. Background Information Task Force on ASEAN Migrant Workers

8. ASEAN Declaration ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers ASEAN Leaders signed in Cebu, the Philippines, 13 January 2008, 12th ASEAN Summit

9. ASEAN Declaration commitment of ASEAN to address the issue of migrant workers in the region follow up of the VAP which requires further elaboration on the concrete instrument of migrant workers Consisting of the principles of both sending and receiving states, commitment of ASEAN Countries, in efforts related to promoting and protecting the rights of the migrant workers complementary to the existing international and regional conventions, such as UDHR, CEDAW and ILO Conventions attain the sharing and caring ASEAN Community of 2015 – ASEAN Economic Integration [Community]

10. Obligations: Receiving Countries  Protect fundamental rights, promote the welfare and protect the human dignity of migrant workers  Art. 8 - Promote fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers  Harmony between receiving states and migrant workers  Access to resources and remedies through information, training, and education, social welfares  Fair and appropriate employment protection, payment of wages, decent working, and living condition  Adequate access to the justice in receiving states  Provide consular or diplomatic authorities of states of origin access when a migrant worker is arrested under the regulations of receiving state

11. Obligations: Sending States rights of migrant workers Access to decent employment and livelihood opportunities for their citizens Set up policies and procedures to facilitate safe migration of workers, recruitment and protection of the migrant worker overseas as well as repatriation and reintegration to the countries of origin. Policies to regulate recruitment of migrant workers and to eliminate recruitment malpractices, contracts, and recruitment agencies

12. Commitment by ASEAN Art.15: Promote decent, humane, productive, dignified and remunerative employment for migrant workers Implement human resource development & reintegration programme Measures to prevent smuggling and trafficking in persons Facilitate information sharing Capacity building by information sharing and best practices Assist migrant workers from ASEAN countries in conflict or crisis situation Art. 22: Harmonization of labour laws [Core Labour Standard, decent work and living conditions] with international standards & annual report on progress required from ASEAN S-G

13. Limitations: ASEAN Declaration Non-binding No time frame for implementation Domestic Work is not recognized Do not deal with regularization of undocumented workers Do not deal with the rights of the family of migrant workers Do not deal with stateless children

14. Article 22: ASEAN Declaration The 40th ASEAN Foreign Ministers Meeting (AMM), Manila, July 2007 Agreed to establish the ASEAN Committee on the Implementation of the Declaration The Committee will serve as the focal point to coordinate the efforts of (1) ensuring the effective implementation of the commitments under the Declaration and (2) facilitating the development of an ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers

15. ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers -- 30 July 2007 The Committee will serve as the focal point within ASEAN composed of one senior representative from each Member country and representative of ASEAN Secretariat Effective implementation of the Declaration Develop an ASEAN instrument on the protection and promotion of the rights of migrant workers Report to the Senior Labor Officials Meeting (SLOM)

16. 1st ASEAN Forum on Migrant Workers, Manila April 2008 recommendation to convene a meeting of ASEAN Committee on the Implementation of Declaration on the Protection and Promotion of the Rights of Migrant Workers and to draft structure and function of the committee prior to the 14 th ASEAN Summit in December 2008. SLOM and ALMM (20 th ALMM) in Bangkok, May 2008, adopted the recommendation.

17. Contribution from CSO-TU Task Force on ASEAN Migrant Workers Perspectives ASEAN needs to move forward with the harmonization of labour legislation in-line with regional economic integration moving ASEAN towards an instrument to protect and promote the rights of migrant workers

18. Task Force on ASEAN Migrant Workers CSO-TU ASEAN regional mechanism for consultations among CSO, TU, International agencies and relevant government ministries /departments; Compose of regional migrant workers org, trade union, NGO and national focal point; Serves as a platform in protecting and promoting the rights of migrant workers Reports to ASEAN Secretariat, SLOM, relevant national ministries, etc Conducts consultation with stakeholders on VAP: “to elaborate an Instrument for the protection and Promotion of the rights of migrant workers”

19. Implementation of Article 22 ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers to provide for the legal protection and procedures, rules and regulations, labour laws, and terms of employment – all in line with core labour standards, decent work and living conditions! to improve mobility with mutually acceptable skill standards, testing and certification systems across the region, to have agreements with receiving countries on specified demands for migrant workers to provide regular information on overseas employment opportunities Task Force on AMW conducts periodic consultation workshops among CSO, Trade Union, and government on key issues on implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers.

20. CS-TU Model ASEAN Framework includes: Agreement on ASEAN Framework instrument on Migrant Workers: introducing core labour standards, minimum working conditions, occupational safety & health care, and terms of employment, etc. Recognition and accreditation of skills and education Providing relevant training and information Providing for labour officers/welfare officers/attaches – in receiving countries Establishing special institution like migrant workers welfare funds and insurance scheme to protect health, provide social security and retirement benefits, heath care, Establishing regional labour arbitrations courts/independent tribunals, etc. Support for children and families of migrant workers

21. ASEAN framework arrangements ASEAN framework arrangements on the protection of the rights of migrant workers should facilitate the movement of workers across ASEAN for the benefit of both sending and receiving countries. The periodic Senior Labour Officials Meeting should monitor progress on the implementation of the ASEAN Declaration and provide guideline recommendation in consultation with the national focal points and the CS-TU Task Force on ASEAN Migrant Workers.

22. Daily Challenges: exploitations Weak and limited protection of rights of migrant workers Non-payment of salaries or not paid according to contract agreement Unsafe working and unhygienic living conditions High recruitment fees which cause debt bondage, and penalties for “breach of labour contract” if worker leaves job Migrant workers cheated or abused by recruitment agencies or officials High fees for passport, long time to issue passports, and only issued in capital city Use of civilian auxiliaries and paramilitaries to arrest and extort migrant workers Passport and documents are taken away by employers or their agents Some become undocumented and some become victims of trafficking

23. Daily Challenges: exploitations Domestic Workers rights are not recognized under labour law Non recognition of skills No support in receiving countries from their consulate or embassy, no labour officers, and at times overcharged by officials Women migrant workers face discrimination and deported if found to be p regnant..etc not allowed to marry local Migrant workers children are not recognized and become stateless Sick or injured are not provided with healthcare and some are deported No social security for most migrant workers

24. Critical Challenge For ALMM Challenge 1: Designation of focal points for all ten Governments to ASEAN Committee to Implement Declaration Challenge 2: Set clear time-line and working method (involving civil society participation) to develop ASEAN Framework Instrument on Protection and Promotion of Rights of MWs

25. Critical Challenges Implementation of decent working and living conditions for all workers Effective implementation of fair and just terms of employment, and to end exploitation and trafficking, relevant skill training etc. Monitor the implementation of the ASEAN Declaration of the protection and promotion of the rights of migrant workers Ensure that policies and laws being enacted are fair and just, “national treatment” for all workers Engage CSO and Trade Unions in ASEAN process Promotion of public awareness of labour rights

26. Workers are NOT Commodities We are human beings Respect, Promote, Realize the Fundamental Principles and Rights at Work and ILO Core Labour Standard for all workers