1. The International Labour Movement, the ILO & Migrant Workers Rights Arun Kumar-Actrav-Turin

2. 18/12 - International Migrants Day 18th December is the International Migrant's Day (declared by UN in 2000) 18th December is the International Migrant's Day (declared by UN in 2000) It was on 18th December 1990 that the UN adopted the International Convention on the Protection of the Rights of all Migrants Workers and Members of Their Families It was on 18th December 1990 that the UN adopted the International Convention on the Protection of the Rights of all Migrants Workers and Members of Their Families A day of Solidarity with the Migrants - an opportunity to acknowledge the contributions of migrants to the economies & to promote respect for their basic human rights. A day of Solidarity with the Migrants - an opportunity to acknowledge the contributions of migrants to the economies & to promote respect for their basic human rights.

3. Migrant Workers are an asset to every country where they bring their labour. Let us give them dignity they deserve as human beings and respect they deserve as workers. Juan Somavia Director General of ILO

4. Migrants & Human Rights Number of internationally agreed rights under ILO & UN Human Rights Conventions are applicable to migrant workers. Additionally there are specific conventions aimed at protecting migrant workers rights: ILO’s Migration for Employment Convention of 1949 (Revised) (C. 97 & R. 86) ILO’s Migration for Employment Convention of 1949 (Revised) (C. 97 & R. 86) The Migrant Workers (Supplementary Provisions) Convention of 1975 (C. 143 & R. 151) The Migrant Workers (Supplementary Provisions) Convention of 1975 (C. 143 & R. 151) UN’s International Convention on the Protection of the Rights of All Migrant Workers & Members of their Families UN’s International Convention on the Protection of the Rights of All Migrant Workers & Members of their Families

5. Rights of Migrant Workers in Irregular Situation ILO Policy: All workers have basic human rights & ALL ILO Conventions apply to ALL, including migrant workers regardless of their status. C 143 provides also for rights of undocumented or migrants workers in irregular situation - C 143 provides also for rights of undocumented or migrants workers in irregular situation - Calls for respect for basic human rights of ALL migrantsCalls for respect for basic human rights of ALL migrants Promotes equality of treatment for rights arising out of past employment – Art 9 (1)Promotes equality of treatment for rights arising out of past employment – Art 9 (1)contd….

6. Rights of Migrant Workers in Irregular Situation Provides for the right of a migrant worker to change employer "after a reasonable period of time" not longer than two yearsProvides for the right of a migrant worker to change employer "after a reasonable period of time" not longer than two years Right to due process in respect of disputesRight to due process in respect of disputes Costs of deportation not to be borne by the workersCosts of deportation not to be borne by the workers States are free to regularize such workersStates are free to regularize such workers

7. ILO Multilateral Framework on Labour Migration Approved by GB in 2006 Approved by GB in 2006 15 Non-binding principles & guidelines for a rights-based approach to labour migration 15 Non-binding principles & guidelines for a rights-based approach to labour migration based on best practices and international standards based on best practices and international standards Promotes - decent work for all; management & governance of migration; promotion & protection of migrant rights; and, migration & development. Promotes - decent work for all; management & governance of migration; promotion & protection of migrant rights; and, migration & development.

8. Issues No Asia-Pacific country has ratified ILO Conventions No Asia-Pacific country has ratified ILO Conventions Except New Zealand & Malaysia (Ltd to Sabah) Only 34 countries have ratified UN’s International Convention (June 2006) – in Asia only Philippines & Sri Lanka have ratified Only 34 countries have ratified UN’s International Convention (June 2006) – in Asia only Philippines & Sri Lanka have ratified Standards or ratifications are necessary but not enough; what’s also needed is effective enforcement & affordable access to redress mechanisms Standards or ratifications are necessary but not enough; what’s also needed is effective enforcement & affordable access to redress mechanisms

9. TU Initiatives for Migrant Workers ICFTU, now ITUF, has action programme on migrant workers – to encourage TUs in different countries to promote organizing & rights of migrants. ICFTU, now ITUF, has action programme on migrant workers – to encourage TUs in different countries to promote organizing & rights of migrants. In many countries, TUs have been organizing migrant workers, have help lines, training programmes, info centres to help migrants, legal services to defend & help them with administrative procedures. In many countries, TUs have been organizing migrant workers, have help lines, training programmes, info centres to help migrants, legal services to defend & help them with administrative procedures. Oppose racism & prejudices to which migrant workers are often subjected to. Oppose racism & prejudices to which migrant workers are often subjected to.

10. TU Initiatives for Migrant Workers Korea: FKTU & KCTU Both unions organizing migrants Both unions organizing migrants Seeking abolition of the ‘industrial trainee system’ with ‘employment permit system’ Seeking abolition of the ‘industrial trainee system’ with ‘employment permit system’ Oppose deportation of irregular migrants & advocating for law for protection of all Oppose deportation of irregular migrants & advocating for law for protection of all Legal services & phone line for Migrant Workers Legal services & phone line for Migrant Workers Connecting migrant workers to their embassies Connecting migrant workers to their embassies Cooperating with the TUs in the sending countries & NGOs Cooperating with the TUs in the sending countries & NGOs

11. TU Initiatives for Migrant Workers Malaysia: MTUC Organizes, promotes education, skills training, introduction to local unions Organizes, promotes education, skills training, introduction to local unions Seeks to work with embassies & national trade unions of sending countries Seeks to work with embassies & national trade unions of sending countries Seeks review of laws discriminating against migrant workers, inclg for Social Security Seeks review of laws discriminating against migrant workers, inclg for Social Security Assists refugees & undocumented workers who find themselves in an irregular situation Assists refugees & undocumented workers who find themselves in an irregular situation Advocates for a regulatory framework based on ILO & UN Conventions for migrants Advocates for a regulatory framework based on ILO & UN Conventions for migrants

12. TU Initiatives for Migrant Workers Philippines: TUCP Promotes Organizing, education, skills training, introduction to local unions Promotes Organizing, education, skills training, introduction to local unions Seeks to work with embassies & national trade unions of receiving countries Seeks to work with embassies & national trade unions of receiving countries Filed representation with ILO against Hong Kong in 2003 following its decision to cut wages of migrant domestic workers – discrimination, violation of Art 6 of ILO C. 97 – prohibits unequal treatment Filed representation with ILO against Hong Kong in 2003 following its decision to cut wages of migrant domestic workers – discrimination, violation of Art 6 of ILO C. 97 – prohibits unequal treatment

13. TU Initiatives for Migrant Workers In OECD countries: British TUC & Portuguese CGTP-IN cooperate to promote membership of Portuguese migrant workers in UK. Similar agreements of CGTP-IN exist with Spanish and Swiss Trade unions. British TUC & Portuguese CGTP-IN cooperate to promote membership of Portuguese migrant workers in UK. Similar agreements of CGTP-IN exist with Spanish and Swiss Trade unions. AFL-CIO seeks legalization of all migrant workers & equal rights for migrants. Provides free legal services for immigrant workers, including lawyers. AFL-CIO seeks legalization of all migrant workers & equal rights for migrants. Provides free legal services for immigrant workers, including lawyers.

14. TU Initiatives for Migrant Workers In OECD countries: Force Ouvrière runs a free phone service in France for migrant workers. CFDT organizes seasonal migrant workers in agriculture. Force Ouvrière runs a free phone service in France for migrant workers. CFDT organizes seasonal migrant workers in agriculture. In 2002, UGT used complaint mechanism of ILO’s FoA Committee to get undocumented migrants in Spain the right to join unions. In 2004, Spanish unions (UGT & CCOO) campaign helped regularise undocumented migrants, brought new rules for protecting migrants rights. In 2002, UGT used complaint mechanism of ILO’s FoA Committee to get undocumented migrants in Spain the right to join unions. In 2004, Spanish unions (UGT & CCOO) campaign helped regularise undocumented migrants, brought new rules for protecting migrants rights.

15. TU Initiatives for Migrant Workers In OECD countries: Italian Unions organize & train immigrant unionists, advocate for regularizing irregular migrants & amend discriminatory laws – have links with unions in home countries & cooperate with NGOs for protection of migrant workers. Italian Unions organize & train immigrant unionists, advocate for regularizing irregular migrants & amend discriminatory laws – have links with unions in home countries & cooperate with NGOs for protection of migrant workers. Australian & New Zealand Council of TUs promote organizing & rights awareness among migrants thru radio broadcasts, campaign materials - in native languages. Australian & New Zealand Council of TUs promote organizing & rights awareness among migrants thru radio broadcasts, campaign materials - in native languages.

16. Burmese Migrant Workers in Thailand Burmese people – not only economic migrants but also political - migrate to escape forced labour & other human rights atrocities in Burma; Burmese people – not only economic migrants but also political - migrate to escape forced labour & other human rights atrocities in Burma; However, situation in Thailand is not easy; However, situation in Thailand is not easy; The FTUB seeks to work with existing Thai unions to organize Burmese workers. The main demands of the workers are – Entitlement to basic rights under Thai law, minimum wages, voluntary paid overtime, paid days off & the right to organize. The FTUB seeks to work with existing Thai unions to organize Burmese workers. The main demands of the workers are – Entitlement to basic rights under Thai law, minimum wages, voluntary paid overtime, paid days off & the right to organize.

17. Women Migrants Workers Many get trafficked into Thailand with debts owed to the people who helped smuggle them in. Local authorities, including police involved in trafficking Many get trafficked into Thailand with debts owed to the people who helped smuggle them in. Local authorities, including police involved in trafficking Majority live & work in the border towns – in small & medium factories, fruit, vegetable & flower farms, fish processing units, etc Majority live & work in the border towns – in small & medium factories, fruit, vegetable & flower farms, fish processing units, etc Employers prefer hiring women migrants BUT if they get pregnant, then they loose jobs w/o any compensation or maternity benefits - Be Productive but not ‘reproductive’ Employers prefer hiring women migrants BUT if they get pregnant, then they loose jobs w/o any compensation or maternity benefits - Be Productive but not ‘reproductive’

18. Women Migrants Workers: Issues Lower wages, dismissible w/o compensation Lower wages, dismissible w/o compensation Women face sexual harassment &/or sexual assaults in the workplace, detention centers, &/or in their homes Women face sexual harassment &/or sexual assaults in the workplace, detention centers, &/or in their homes Reproductive & maternal health related difficulties – high rate of STDs, risks of HIV, unwanted pregnancies - absence of health care – high costs - need for health education, contraceptive methods, family planning, HIV- AIDS education, Reproductive & maternal health related difficulties – high rate of STDs, risks of HIV, unwanted pregnancies - absence of health care – high costs - need for health education, contraceptive methods, family planning, HIV- AIDS education,----------------------------------------------- Children – stateless, education less, sexually exploited, child labour, health issues, etc

19. Thailand’s Labour Law & Migrant Workers Under Thai Constitution, migrants & Thai workers are equal, however - Under Thai Labour Relations Act, non-Thai person can only be a member of the union, he/she cannot form a union or be a union committee member/office bearer Under Thai Labour Relations Act, non-Thai person can only be a member of the union, he/she cannot form a union or be a union committee member/office bearer Only documented/legal migrants have labour rights, irregular/undocumented workers can be imprisoned &/or deported Only documented/legal migrants have labour rights, irregular/undocumented workers can be imprisoned &/or deported In practice, little or no rights for Burmese migrants In practice, little or no rights for Burmese migrants

20. Hurdles in Organizing Lack of unions in Thailand’s private sector industry Lack of unions in Thailand’s private sector industry Illegality of most migrants, Employers hostility & threat of deportation – attempts to organize leads to job loss & deportation Illegality of most migrants, Employers hostility & threat of deportation – attempts to organize leads to job loss & deportation Lack of resources of Thai unions Lack of resources of Thai unions Lack of awareness of rights and information on trade unions among migrants Lack of awareness of rights and information on trade unions among migrants Language, cultural barriers & communication problems between Thai & Burmese Language, cultural barriers & communication problems between Thai & Burmese Lack of political will and hostility of the labour law enforcement machinery Lack of political will and hostility of the labour law enforcement machinery

21. What’s needed? Facilitative legal & institutional environment Facilitative legal & institutional environment Respect for principles of FoA & Right to Collective Bargaining– changes in labour law Respect for principles of FoA & Right to Collective Bargaining– changes in labour law Campaign for ratification of ILO’s & UN Conventions for Migrant workers Campaign for ratification of ILO’s & UN Conventions for Migrant workers Strengthen labour law enforcement machinery Strengthen labour law enforcement machinery Affordable access to disputes resolution machinery Affordable access to disputes resolution machinery Translation & legal services for the migrants Translation & legal services for the migrants Education & Awareness raising programmes for migrant workers – in their language Education & Awareness raising programmes for migrant workers – in their language Health care and education facilities Health care and education facilities

22. What’s needed? Cooperation with Thai TUs, NGOs, community & immigrant rights networks Cooperation with Thai TUs, NGOs, community & immigrant rights networks Human rights orientation for the police & other local authorities Human rights orientation for the police & other local authorities Use of ILO’s Complaints mechanism to pressurize Governments to end discriminatory labour practices against migrants Use of ILO’s Complaints mechanism to pressurize Governments to end discriminatory labour practices against migrants Actions to promote Decent work in Informal economy – main sector of migrants employment Actions to promote Decent work in Informal economy – main sector of migrants employment  ‘Made in Thailand’  Made by Burmese Migrants w/o rights – Campaign.

23. Issues for Discussion What does FTUB think are the priority problems of Burmese migrants that need to be addressed? What does FTUB think are the priority problems of Burmese migrants that need to be addressed? What actions has FTUB taken? What actions has FTUB taken? What is the position of Burmese govt regarding Burmese migrants? What is the position of Burmese govt regarding Burmese migrants? Does FTUB have any consultative status with Thai Government in regard to Burmese migrant workers? Does FTUB have any consultative status with Thai Government in regard to Burmese migrant workers? What assistance does FTUB expect from international unions & ILO? What assistance does FTUB expect from international unions & ILO?