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

2. 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

3. 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

4. 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

5. 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.

6. 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

7. 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

8. 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:

9. 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

10. 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.

11. 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

12. 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)

13. 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

14. 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

15. MLF principles and guidelines: selected areas

16. 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

17. 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;

18. 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, (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.

19. 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)

20. 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)

21. 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

22. Relevant documents
ILO report prepared for the discussion – A fair deal for migrant workers in the global economy
Report of the Committee on Migrant Workers
ILO Multilateral Framework on Labour Migration
Note on the Proceedings: Expert Group Meeting on the ILO Multilateral Framework on Labour Migration

23. Thank you for your kind attention