Jakarta 24-25 February 2015 ECONOMIC AND SOCIAL COUNCIL 2015 - - PowerPoint PPT Presentation

Promoting Decent Work for All

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Albert Bonasahat, S.H., LL.M. National Project Coordinator ILO Labour Migration ASEAN TRIANGLE Project ILO Jakarta Office

Jakarta 24-25 February 2015

ECONOMIC AND SOCIAL COUNCIL 2015 INTEGRATION SEGMENT “Achieving sustainable development through employment creation and decent work for all” Indonesia country level consultation

International Labour Organization

Promoting Decent Work for All

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What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2003, published in 2004 (92nd ILC)

“[…] The Committee notes that, in its comments received in August 2003 and forwarded to the Government on 26 September 2003, the ICFTU indicates that the requirement for migrants to go through recruitment agencies […] Indonesians wishing to work abroad have to go through recruitment agencies, which charge them extortionate processing and training fees […] They are required to sign contracts with the recruitment agency even drafted in a foreign languages and have little or no power to negotiate their terms […] . Agencies require prospective migrant workers to live in training camps for up to 14 months where they may be forced to work for the agency staff. Furthermore, conditions in these centres are poor […] Agencies charge fees equivalent to a number of months’ salary, which varies according to the country of destination […]”

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What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2007, published in 2008 (97th ILC)

“[…] The Committee notes the adoption of Law No. 39/2004 on the Placement and Protection of Indonesian workers abroad […] although Law 39/2004 contains some provisions that are favorable to migrant workers, it nevertheless has serious shortcomings, such as the focus on placement of migrant workers rather than on protection […] enforcement (of the Law) has been minimal if not non-existence […] The authorization for employers to hold workers’ passports makes it difficult for workers to leave abusive conditions or to negotiate better working conditions and full payment of their wages, and also contributes to the creation of networks of traffickers in persons, forced labour and undocumented migration (quoted from the report of the UN special Rapporteur on human rights of migrant workers, 2 March 2007) […] The Committee is all the more concerned at the situation as the Ministry of Manpower and Transmigration has announced the objective of sending 1 million Indonesian workers abroad per year until 2009 […]”

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What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2008, published in 2009 (98th ILC)

“[…] Please also provide more detailed information about measures being taken or contemplated to protect Indonesian migrant workers by way of controlling the exploitative aspects of activities of private recruitment agencies including their fee-charging practices. The Committee hopes that the Government will take steps without delay to amend its MoU with the Government of Malaysia to prohibit employer withholding of worker passports, to eliminate all other restrictions on the fundamental rights of domestic and other migrant workers, to guarantee standard labour protections, and to provide for measures to prevent and respond to cases

• f worker abuse […]

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What the CEACR said about Indonesian Labour Migration? Observation of CEACR on ILO C 29, adopted in 2012, published in 2013 (102nd ILC) “[…] The Government further indicates that task forces for the prevention

• f non-procedural departures of migrant workers have been established

in 14 border areas and that the registration of prospective workers is done both online and at the district offices of the Department of

• Manpower. Concerning the application of Law No. 39 of 2004, the

Government indicates that both the BNP2TKI and the Ministry of Manpower and Transmigration (MoMT) conduct direct monitoring of private recruitment agencies with a view to preventing exploitation. The Government also indicates that the BNP2TKI takes measures to contact the relevant private recruitment agencies concerning violations, and if the problem is not resolved, the BNP2TKI recommends to the MoMT that sanctions should be imposed on the company. Moreover, the Government indicates that it has issued a Ministerial Decree on placement fees payable by migrant workers, to protect migrant workers from illegal financing practices […]”

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What the CEACR said about Indonesian Labour Migration? Continue - Observation of CEACR on ILO C 29, adopted in 2012, published in 2013 (102nd ILC) “[…] The Committee also notes that the CEDAW, in its concluding

• bservations of 27 July 2012, welcomed the monitoring of recruitment

agencies, but also reiterated its deep concern about the persistence of violence, abuse and exploitation experienced by female migrant workers in the host countries and at the hands of the recruitment agencies that facilitate their placement (CEDAW/C/IDN/CO/6-7/R.1, paragraph 43) […] The Committee also requests the Government to pursue its efforts to monitor recruitment agencies […] The Committee requests the Government to continue to provide information on international cooperation efforts undertaken to support migrant workers in destination countries, including measures specifically tailored to the difficult circumstances faced by such workers to prevent and respond to cases of abuse […]”

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Main Problems and Impact of Migrant Workers Placement System (PRE-DEPARTURE)

Main Problem Impact

Lack of reliable and objective information from proper and authorized source about safe migration system, equirements, risk of working abroad, government protection services, etc to prospective migrant workers in villages Prospective migrant workers may be misled by any recruiter (calo) in their villages, put them into vulnerability since the very first step of recruitment steps Migrant workers pay for, but do generally not receive technically adequate training by PPTKIS. Migrant workers do not receive information about the work and contract conditions, and of the laws and requirements of the destination country Migrant workers are unprepared for the work tasks they are required to carry out, and cannot communicate effectively with the employer. Migrant workers are unaware of their rights, and vulnerable to exploitation Lack of government monitoring of PPTKIS and their

• peration, including its training to prospective migrant

workers (regular inspections, spot inspections, regional inspections) Excessive cost and fees paid by prospective migrant workers (mandated & non-mandated costs) Many prospective migrant workers, who are taking a training program conducted by PJTKI, are locked up in the premises with no communication allowed to families/friends, exposed to occupational and safety and health hazards, and are charged fees disproportionate to the training they receive Prospective migrant workers trapped into debt bondage situation

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Main Problems and Impact of Indonesian Migrant Workers Placement System (DURING OVERSEAS EMPLOYMENT)

Main Problem Impact

Embassies and consulates needs more resources to provide the services needed by Indonesian migrant workers abroad (legal advice, assistance, shelter, vocational training, etc.) Embassies are still facing challenges to provide support to migrant workers and the lack of protection encourages further exploitation by employers & agents

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Main Problems and Impact of Indonesian Migrant Workers Placement System (RETURNING TO COUNTRY OF ORIGIN)

Main Problem Impact

Proper protection system for returned migrant workers in the arrival airport or harbor Though relatively reduced in number, many Indonesian migrant workers are still facing security problems and exploitation, when they are returning to Indonesia Lack of Government support to returnees and their families (counseling, assistance services, facilitating access to banking & remittances transfer services, micro-credit, savings and micro business training etc.) After short-lived elevated consumption levels, migrant workers are forced to go abroad again in a continuing cycle of hazardous migration with social isolation and economic and physical risks. Indonesia and sending areas are not reaping the development benefits of migration

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Government Plan according to RPJMN 2015-2019

• Realization of recruitment and placement mechanism that protects

migrant workers

• The increase of the number of migrant workers who have the skills and

expertise that are in-line with market needs

• Bigger regional’s roles for providing market information and recruitment

services for prospective migrant workers

• Availability of regulations that protects migrant workers

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Government’s Policy Direction and Strategies according to RPJMN 2015-2019

• Improving the management of placement of workers
• Expansion of cooperation in order to increase the protection of workers
• Providing migrant workers with knowledge, education and skills
• Bigger use of financial services for migrant workers

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ILO welcomes Indonesian Government plan and continues efforts to improve further its protection for its migrant workers The process of the revision of the current Law Number 39/2004 is crucial step for achieving it ILO promotes some International Conventions/ document relevant to protection of migrant workers to Indonesia, to be the reference for Indonesia in its legislation process

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ILO Mandate and Work on Migrant Workers ILO mandate:

• To protect all workers, including migrant workers
• To help to ensure productive employment under decent work conditions (ILO

Core conventions) All labour and human rights conventions include and apply to migrant workers

Decent Work/ ILO Core Conventions

• Non-Discrimination (ILO C 100 & 111) (ILO C 100:171 ratifications, including Cambodia, Indonesia,

Malaysia, Philippines, Singapore, Thailand, and Viet Nam. ILO C 111: 172 ratifications including Cambodia, Indonesia, Philippines, and Viet Nam)

• Freedom of Association (ILO C 87 & 98) (ILO C 87: 153 ratifications including Cambodia, Indonesia,

Myanmar, and Philippines. ILO C 98: 164 ratifications including Cambodia, Indonesia, Malaysia, Philippines and Singapore)

• Ban on Forced Labour (ILO C 29 & 105) (ILO C 29: 177 ratifications including Cambodia, Indonesia,

Lao PDR, Malaysia, Philippines, Singapore, Thailand, Myanmar and Viet Nam. ILO C 105: 174 ratifications including Cambodia, Indonesia, Philippines, and Thailand)

• Ban on Child Labour (ILO C 138 & 182) (ILO C 138: 167 ratifications including Cambodia, Indonesia,

Malaysia, Philippines, Singapore, Thailand and Viet Nam. ILO C 182: 179 ratifications including Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Singapore, Thailand, Myanmar and Viet Nam)

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ILO Mandate and Work on Migrant Workers (continued) Migrant workers have particular conditions and vulnerable to exploitation: Specific conventions addressing their rights & common violations needed:

ILO C. 97 Migration for Employment ( 49 ratifications including Malaysia Sabah, Philippines) ILO C 143 Migrant Workers ( 23 ratifications including Philippines) ILO C 181 Private Employment Agencies (28 ratifications with no ratification by ASEAN Countries yet) ILO C.118 Equality of Treatment (Social Security) ( 38 ratifications including Philippines) ILO C 157 Maintenance of Social Security Rights ( 4 ratifications including Philippines) UN C Protection of Rights of Migrant Workers & Their Families (1990) (47 ratifications including Philippines and Indonesia)

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Other International Human Rights Conventions

• f relevance to Migrant Workers’ Rights, with high rates of ratifications

ICCPR I.C. Civil and Political Rights (168 ratifications including Cambodia, Indonesia, Lao PDR, Philippines, Thailand, and Viet Nam)

• ICESCR I.C. Ec. Soc. Cultural Rights (163 ratifications including Cambodia, Indonesia, Lao PDR,

Philippines, Thailand and Viet Nam)

• CEDAW C Elimination of Discrimination Against Women (188 ratifications including Brunei

Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam)

• CERD C Elimination of Racial Discrimination (177 ratifications including Cambodia, Indonesia, Lao

PDR, Philippines, Thailand, Viet Nam)

• CAT C. against Torture (157 ratifications including Cambodia, Indonesia, and Philippines, )
• CRC Rights of the Child (194 ratifications including Brunei Darussalam, Cambodia, Indonesia, Lao

PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam)

• Trafficking Protocol (ratifications)--- signatories 117, parties 166
• Suppl. C. on the Abolition of Slavery.. and institutions and practices similar to slavery (serfdom, debt

bondage) (123 ratifications including Cambodia, Lao PDR, Malaysia, Philippines, Singapore)

• Treaty bodies & mechanisms (sometimes signing optional protocol required)
• Special Mechanisms, such as Rapporteurs on rights of migrants, -migrant workers, -torture, -violence

against women, -trafficking,

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ILO Mandate and Work on Migrant Workers

• ILO Work on Globalization and Labour Migration:
• reports
• Fair Chance for Migrant Workers
• Globalization and Migration
• ILO Plan of Action on Labour Migration (2005)
• Multilateral Framework on Labour Migration (2005)
• Non-binding guidelines approved by member states
• ILO technical support and project work to assist tripartite members and other

stakeholders.

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ILO Mandate and Work on Migrant Workers (continued)

• Multilateral Framework on Labour Migration (2005)

Non-binding guidelines approved by member states. Although this is a non binding document, this is still very important document for this document provides: a. detail guidance on labour migration b. Entail principal of human rights and labour rights that emphasize the approach taken by the oragnization which is the rights based approach c. List of best practices on labour migration

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ILO Multilateral Framework on Labour Migration (2005)

Decent Work & Productive Employment Means of International Cooperation on Labor Migration Global Knowledge Base, Effective Management of Labor Migration Expanding Avenues for Regular Labour Migration, with a view to Labour Market Needs and Demographic Trends Social dialogue with tripartite partners and consultations with civil society and migrant associations, Protection of Migrant Workers, Protection of migrant workers: Application

• f all labour and human rights without discrimination, Protection of

Migrant Workers:

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ILO Multilateral Framework on Labour Migration (2005)

Effective application and law enforcement of national laws and regulation, Protection of Migrant Workers: Preventing and eliminating abusive practices, Migration Process: Orderly and transparent migration, License & supervise recruitment and placement agencies, Social integration and Inclusion, Migration and Development

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Indonesian Role for Strengthening the Protection of Migrant Workers in ASEAN: Suggestions specific to the proposed ASEAN Instrument on Migrant Workers:

• 1. The Proposed Instrument needs to have the rights entailed in international

conventions, both general international human rights/ labour rights conventions, as well as specific migrant workers conventions. All ILO member countries have agreed to be bound by the ILO core conventions, no matter whether they have ratified them or not.

• 2. The Proposed Instrument might consider to refer to the contents of the ILO

multilateral framework on labour migration, which is a guideline which

• perationalizes international conventions and good international practices in

addressing the most common problems for migrant workers.

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Indonesian Role for Strengthening the Protection of Migrant Workers in ASEAN: Suggestions specific to the proposed ASEAN Instrument on Migrant Workers: 3. The Proposed Instrument needs to have references to the

commitments already made in the ASEAN related to migrant workers rights, such as the Vientiane Platform, the Declaration etc

• 4. It will be ideal if the Proposed Instrument has practical provisions

for procedures for cooperation and binding decisions, so that the Instrument can be practically operational. Roles and responsibilities should be clearly outlined. Even though it may considered by ASEAN member states that the Instrument should allow willing countries the right to move ahead with cooperation among themselves, if not all countries can agree, which is likely to happen in the area of labour migration.

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Strengthening the Protection of Migrant Workers in ASEAN: Suggestions specific to the proposed ASEAN Instrument on Migrant Workers:

What ILO does in the region, among other: 1. Cooperation Agreement between the Secretariat of ASEAN and the ILO, Geneva, March 2007 – on various issues: including but not limited to occupational health and safety, HIV/AIDS and the workplace, employment implications of trade agreements, labour market reforms and industrial relations, youth employment, vocational training, social security and labour migration. Focal Points: ASEAN Secretariat in Jakarta and ILO RO in Bangkok 2. Cooperation with Governments and other stakeholders to ensure protection for workers 3. The existence of one regional project on labour migration: ASEAN TRIANGLE Project, supported by the Canadian Government 4. Annual Tripartite Meeting on labour migration in ASEAN: the ASEAN Forum on Migrant Labour (AFML)

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Thank you for your attention Your questions and responses are most welcome

• Pls. check ILO web sites for resource

documents: www.ilo.org (global policy documents, reports) www.ilo.org/asia , www.ilo.org/jakarta (resource documents, policy reviews on migrant workers in SEA) or visit https://www.facebook.com/aseantriangle