Presentation Outline 1. Introduction/background An overview of - - PDF document

10/10/2012 1

Reflection and Sharing on Implementation Of the Hanoi and Bali Recommendations

5th ASEAN Forum on Migrant Labour 9-10 October 2012 Siem Reap, Cambodia

Presentation Outline

• 1. Introduction/background
• An overview of labour migration in the ASEAN
• ASEAN labour migration framework
• Objective, scope of the paper
• Methodology
• 2. Progress in implementing recommendations
• In the areas of information services; harmony in host

countries; return and reintegration and sustainable alternatives

• 3. Summary and conclusions

10/10/2012 2

1.1 Overview of labour migration in ASEAN

• Labour migration in the region is expected to

continue due to demographic evolution, labour shortages, economic disparities.

• Around14 million migrant workers from ASEAN

region are working across the globe and of this number, almost 6 million are working within ASEAN states (World Bank 2012, UNDP 2010, UNHCR 2011, PRB 2010)

• 3 countries host 90% of intra-ASEAN migrants –

Thailand, Malaysia and Singapore (TFAMW);

• ther significant destinations are South Korea,

Taiwan, Hong Kong in Asia, and the Middle East.

Overview of labour migration in ASEAN

Country Sector Domestic workers Construction Manufacturing Services Plantation Agriculture Total Indonesia 203,225 192,789 198,643 38,684 202,156 82,435 917,932 Bangladesh 18 61,303 170,332 27,002 30,599 18,112 307,366 Nepal 84 3,785 135,764 26,901 1,621 7,655 175,810 India 236 5,002 13,866 47,021 16,675 30,997 113,797 Philippines 9,657 1,031 1,915 2,944 1,489 1,604 18,640 Pakistan 11 5,922 2,217 1,593 1,244 12,002 22,989 Thailand 346 811 893 4,588 57 407 7,102 Cambodia 9,166 92 2,353 218 137 125 12,091 Vietnam 901 3,021 68,433 2,018 28 441 74,842 Myanmar 118 13,542 92,135 22,654 2,211 9,600 140,260 Laos 2 7 16 3 1 28 57 China 15 1,303 935 6,592 36 13 8,894 Sri Lanka 753 69 1,382 665 128 417 3,414 Uzbekistan 4 4 Kazakhstan 1 1 Others 11 45 2 3 61 Total 224,544 288,722 688,886 180,890 256,382 163,836 1,803,260

Total Stock of Foreign Workers in Malaysia as of February 2010

Source: Immigration Department, Ministry of Home Affairs, Malaysia, 2010

10/10/2012 3

Overview of labour migration in ASEAN

Nationality Labourers Domestic Workers Total Male Female Total Male Female Total Burmese

430,336 310,877 741,213 13,265 58,506 71,771 812,984

Laotian

27,664 22,626 50,290 2,164 10,338 12,502 62,792

Cambodian

33,267 19,559 52,826 1,022 2,631 3,653 56,479

Total

491,267 353,062 844,329 16,451 71,525 87,926 932,255

Total Number of Migrants from Myanmar, Lao PDR and Cambodia Registered in Thailand in 2010

Source: Ministry of Labour, Thailand, 2010

Overview of labour migration in ASEAN

• Feminization of migration

Female migrants account for a half of all migrants globally and over 40% in Asia

• Gender division of labour and vulnerabilities of

women migrant workers Both women and men low wage and undocumented workers are vulnerable to labour exploitation. But their occupations (and migration experience) differ: Domestic work, entertainment industry, nursing: female Agriculture/fishing, construction, manufacturing: male

10/10/2012 4

R atific ation of Inte r national Instr ume nts r e Migr ation in ASE AN

BRUNEI . CAMB. INDONES. LAO PDR. MALAY. MYAN. PHILIPPI. SINGAPO. THAI. VIETNAM UN MWC 2004(S) 2012(a) 2004(S) 1995 (a) ILO C29 1969 1964 1950 1957 1955 2005 1965 1969 2007 ILO C87 1999 1998 1998 1955 1953 ILO C97 1964* 2009 ILO C98 1999 1957 1957 1961 1953 1965 ILO C100 1999 2008 1958 1997 1953 2002 1999 1997 ILO C105 1999 1999 1958(d) 1960 1965(d) 1969 ILO C111 1999 2008 1999 1960 1997 ILO C138 2011 1999 2005 1999 1997 1998 2005 2004 2003 ILO C143 2006 ILO C181 ILO C182 2008 2006 2005 2000 2000 2000 2001 2001 2000 ILO C189 2012 PALERMO PROTOCOL 2007 2009(a) 2003 2009(a) 2004(a) 2002 2001 (s) 2012(a) CEDAW 2006 (a) 1992 (a) 1984 (a) 1981 (a) 1995 (a) 1997 (a) 1981 (a) 1995 (a) 1985 (a) 1982 (a) CRC 1995 (a) 1992 (a) 1990 (a) 1991 (a) 1995 (a) 1991 (a) 1990 (a) 1995 (a) 1992 (a) 1990 (a)

1.Background/introduction (contd)

1.2 ASEAN labour migration framework

• Labour migration is included in 2 out of 3 ASEAN
• Blueprints. The Economic Blueprint calls for the free

flow of skilled labour while the Socio-cultural Blueprint provides for the protection and promotion

• f the rights of MWs
• In January 2007 the Heads of States of the ASEAN

MS adopted the ASEAN Declaration on the Protection and Promotion of the rights of MWs in Cebu, the Philippines

• The ASEAN Committee on the Implementation of

the Declaration (ACMW) was established in September 2008

10/10/2012 5

• 1. Background/introduction cont.
• One of the activities under the ACMW is the ASEAN Migrant

Labour Forum (AFML). AFML is an annual event of the ACMW, participated in by MS, workers and employers organizations and CSOs. 1.3 Scope, purpose and methodology:

• At the 4th AFML at Bali in 2011 it was agreed on the need to share

information and reflect in the next forum on progress in implementation of the recommendations thus far.

• The purpose of the paper is to list and take stock of the various

activities, experiences, good practices and challenges of various stake-holders in implementing the Hanoi 2010 and Bali 2011 AFML Recommendations.

• Methodology: Sharing template; 4 national preparatory meetings

and desk review.

• Not intended to make an in-depth assessment nor is it a list of all

activities carried out.

• 2. Progress in Implementation

2.1 Provision of Quality Information & Services

• Legislative reforms and updating of national policy
• Recent efforts to adjust national policy frameworks-Cambodia,

Myanmar, the Philippines, Lao PDR, Thailand.

• Accessibility of information:
• Steps have been taken in countries of origin re pre-

employment information services and pre-departure

• rientation – Vietnam, Cambodia, Indonesia, Thailand,

Philippines – and on-site provision in most destination countries .

• Involvement of CSOs and trade unions

10/10/2012 6

2.1 Information and services

• Creating/tapping champions/volunteers at community and

local government levels (community volunteers in Indonesia; Best PAIR in the Philippines; Labour Volunteer and ‘Door-Knock’ campaign in Thailand)

• Establishment/enhancement of Migrant Resource Centres

(Vietnam; Cambodia; Malaysia, Singapore)

• Remaining challenge: quality assurance and assessment
• Availability and accessibility of complaint mechanisms:

There are complaints mechanisms destination countries and some origin countries and support services to avail of CM have been established or in the process. Their coverage and effectiveness with regards to isolated work-sites and recruitment needs to be assessed and enhanced.

2.1 Information and services cont.

• Labour attaches appointed to provide information and

respond to complaints of migrants (Philippines-37; Thailand-13; Indonesia-11; Vietnam-9; Myanmar-2). Consular services for migrants available in the absence of a labour attaché (with a few countries with both)

• Table 1. ASEAN Countries with Labour Attachés Appointed to

Certain Destinations (next slide)

10/10/2012 7

2.1 Information and services

Country Number of Labour Attachés Countries / Territories of assignment Indonesia 11 Japan; Jordan; Kingdom of Saudi Arabia; Kuwait; Malaysia; Qatar; Singapore; South Korea; Syria; Taiwan (Province of China); and UAE Myanmar 2 South Korea and Thailand Philippines 37 Asia (12): Hong Kong, SAR (2); Singapore (2); Japan; South Korea; Malaysia; Brunei; Taiwan (Province of China) (Taipei; Kaohsiung; Taichung); Macau, SAR; Thailand (vacant). Middle East and Africa (17): Kingdom of Saudi Arabia (Riyadh; Al-Khobar; Unaizah/CRO; Jeddah [2]); UAE (Abu Dhabi; Dubai); Bahrain; Qatar (2); Oman; Kuwait (2); Israel; Lebanon; Syria; Libya; Jordan (vacant) Europe, Americas &Trust Territories (8): Italy (Rome; Milan); Spain; Cyprus; UK and Ireland; USA; Canada (Vancouver; Toronto; Ottawa [vacant]); Saipan, CMNI (vacant) Thailand 13 Brunei Darussalam; Germany; Hong Kong SAR; Israel; Japan; Republic of Korea; Malaysia; Saudi Arabia (2 offices); Singapore; Taiwan (Province of China) (2 offices); and Switzerland. Vietnam 9 Malaysia, Japan, South Korea, Taiwan (Province of China), Czech Republic, UAE, Libya, Qatar and Saudi Arabia.

2.1Information and services

• Stakeholder engagement increasing on policy development and
• n information campaigns
• Sharing of good practices on information and services and

cooperation on capacity and confidence building by national, regional stakeholders and international organizations: Good collaboration on AFML led by ACMW and supported actively by TFAMW and ILO as well as IOM and UNW; ILO tripartite GMS and ASEAN projects supported respectively by AusAID and CIDA; IOM, UN Women and World Bank actions; CLMV workshop – DOLE, the Philippines; Decent Work for MWs workshop – MOLISA, Vietnam.

10/10/2012 8 Summary of Pre-departure Orientation in Countries

• f Origin

Country Conducted by Status Features Funding source Cambodia Recruitment agencies are responsible for delivering the pre-departure orientation training; trainers are mostly returned migrant workers Standardized curricula in development Proposed length: 3.5 days Part of recruitment agency fees Indonesia National Board on Placement and Protection of Indonesian Overseas Workers (BNP2KTI) Providers: BNP2TKI, BP3TKI (in 16 provinces) Trainers are usually government personnel or retirees. Launched in 2003 Length of Program: 8 hours Attendance is mandatory Free of charge to migrant workers

Lao PDR Recruitment agencies (as per Decree No. 68 and Directive No. 2417) Standardized curricula in development UNWomen and MOLSW have developed a draft curriculum, which is currently being reviewed by ILO Recruitment Agencies (for 1 day training) Myanmar Ministry of Labour, private agencies and community- based organizations. Philippines Implementing Agency: OWWA (since 2003; previously POEA) Providers: OWWA, POEA, NGOs (for vulnerable workers), recruitment agencies (58), industry associations Launched in 1983 Length of Program: 8 hours Workers Welfare Fund (OWWA) State funds (POEA) Accredited PDOS Provider (minimal fee regulated by OWWA, PHP 100, USD 2.30) Thailand Department of Employment Length of Program: 6 hours Attendance is free of charge and is required by law. Vietnam Department of Labour (DOLAB); local Department of Labour, Invalids and Social Affairs (DOLISAs); Vietnam Association of Manpower Supply (VAMAS), individual enterprises (recruitment agencies) and training centres Standardized curricula in development Current curriculum is 74-hour pre-departure orientation programme (58 hours for theory and 16 hours for practice).

2.2 Promotion of positive image, rights and dignity of migrant workers

• Pre departure orientation conducted in many, if not all

sending ASEAN countries; some as a mandatory requirement for deployment; pre-departure orientation modules developed or updated

• Post-arrival orientation in destination conducted but only in a

few countries by sending and receiving countries (i.e. outreach activities, information dissemination, Construction Safety Orientation Course, Employers’ Orientation Program in Singapore; Post-Arrival Orientation Course by the Philippines in receiving countries; Indonesia’s ‘Welcoming Program’ in Taiwan and Hong Kong and initiatives with trade unions and NGOs in Malaysia and Singapore on setting-up help desks and help lines for Indonesian migrants

10/10/2012 9

2.2 Promotion of positive image, rights and dignity of migrant workers

• Capacity building for PRAs, local authorities and

stakeholders on deployment and recruitment monitoring continuing (i.e. Development of codes of conduct in Vietnam, Cambodia and Thailand; local government engagement on anti- illegal recruitment campaigns in the Philippines and Indonesia; CSO initiatives in communities in Cambodia; capacity building for labour officers in Malaysia on the labour dimensions of trafficking; etc)

• Data collection and information gathering on contribution
• f migrants in host countries: ILO conducted a study on

public attitudes to migration and migrant workers in Malaysia, Republic of Korea, Singapore and Thailand in 2010; awards for model migrant worker families in the Philippines; TDRI, World Bank and ILO have carried studies in the past, all showing a net economic contribution. No new studies since Bali.

2.2 Promotion of positive image, rights and dignity of migrant workers

• Cooperation in presenting positive image of migrants in

various forms, such as documenting stories in Cambodia; photo exhibition on life of migrants at destination; roadshows and CSO activities in Singapore; Saphan Siang campaign in Thailand; activities to celebrate migrants’ day

10/10/2012 10

2.3 Reintegration and sustainable alternatives

• No information on a regional study on skills training, pre-

departure/post arrival programs and return and reintegration; studies undertaken more at national level. World Bank – Vietnam; ILO-Korea program on the Philippines (on-going)

• Employment services, counselling, psycho-social

interventions, legal aid and other return and reintegration services available though may be limited in scope and reach for many countries; covered by national laws and policy pronouncements but not within a more comprehensive service delivery unlike for victims of trafficking for example; except with Philippines having a defined reintegration program

• Tax exemptions exist for migrants in general; no penalty

imposed on returning irregular migrants; no information on exemption on duties on equipment and materials to be used by migrant workers on reintegration after return

2.3 Reintegration and sustainable alternatives

• Contingency plans on mass returns exist especially for

most countries with large deployments: actions undertaken in the Philippines and Indonesia including availability of repatriation funds and in Vietnam and Thailand

• Prevention of group deportations: No information
• Repatriation policies found in law or administrative

regulations, including defining obligation on cost

• Development of a regional instrument on migrant protection
• n-going
• Regional guidelines on return and reintegration, no current

initiative (unless included in the proposed regional protection instrument)

10/10/2012 11

2.3 Reintegration and sustainable alternatives

• Bilateral agreements exist for most countries, mostly on

employment/recruitment of workers; not on portability of social security benefits with the possible exception of the Philippines

• Access to legal support and consular services present,

through overseas labour office, consulates, labour ministries, trade unions, CSOs

• State policy on reintegration found in law and regulation,

but reintegration programs have yet to be developed and implemented in many ASEAN MS, taking into consideration evidence-based, market-based economic reintegration policies and strategies

2.3 Reintegration and sustainable alternatives

• Pre-return programs of receiving countries limited to none; a

few undertaken by sending countries through embassy or labour office. Thailand-Lao: agreed in 2010 that Thai employers will issue a certificate of employment.

• Labour rights laws and compliance with international

standards: Generally the laws in destination countries in the ASEAN provide equal treatment between nationals and documented MWs in employment and working conditions. Ratification of 4 out of 8 ILO Core ILS are high in ASEAN (elimination of forced and child labour, collective bargaining, minimum age). C19 on occupational accident insurance is ratified in destination countries. Attention: C87, C188, C189,

• C118. Labour and human rights of irregular MWs. Access to

employment for admitted MWs.

10/10/2012 12

• 3. Summary of Progress against

Recommendations

Rec # Recommendation Summary Eligible Countries Progress Remarks Information and services in countries of origin and destination Hanoi 1 Strengthen information and services; provide

• pportunities for migrants to realize their labour

rights All countries Yes Migrants’ need for information and services is recognized in countries of origin and destination, and addressing this need is part new legislation and policy measures in several countries in the region. Hanoi 2 Ensure that information services are more accessible and reflect their specific and diverse

• needs. Continually assess the quality and reach
• f information services, and the capacity of

service providers to meet these needs All countries Partial Conventional and innovative methods have been adopted to provide information to migrants prior to departure and on site. However, there have been limited efforts to assess these methods and the capacity of service providers to deliver them. Hanoi 3 Provide accessible channels for migrant workers to report and seek redress for violations, and promote the implementation of the national legislation and international commitments All countries Partial Migrants have greater access to channels to seek redress, particularly with the assistance of

• CSOs. There is scope for trade unions and

migrant associations to play a bigger role. However, migrants are sometimes dissuaded from filing complaints for fear of retribution, and the length of time and complexity involved. Hanoi 4 Strengthen and raise the visibility of labour attachés and consular staff, through close engagement with the migrant community and employers, and in cooperation with authorities

• f the host countries

Countries of origin Partial In countries that deploy larger numbers of migrants, the labour attachés are active; However, certain consular offices could do more to provide services and engage with the stakeholders in host countries. Hanoi 5 Actively engage and consult stakeholders in developing and implementing information campaigns and services for migrant workers at all stages of the migration cycle All countries Yes There is increased consultation between governments, social partners and CSOs – within countries and between countries. Hanoi 6 Share good practices in the provision of information and services; and continue cooperation with international organizations to enhance capacity All countries Yes There are an increased number of platforms through which to share developments bilaterally and

• multilaterally. These are supported by Member States,

the ACMW and international organizations.

• 3. Summary of Progress against

Recommendations

Rec # Recommendation Summary Eligible Countries Progress Remarks Promoting positive image, rights and dignity of migrant workers Bali 1 Deliver comprehensive pre-departure education Countries of origin Yes A number of countries have committed to developing standardized training curricula. Challenges exist in terms of the limited literacy of migrants from certain countries, and the limited capacity of the trainers. Bali 2 Conduct post-arrival orientation programmes in receiving countries, performed by the government, employers, trade unions, civil society Countries of destination No / Limited An orientation is delivered in Singapore, but not in Brunei, Malaysia or Thailand. There is scope for greater cooperation with employers’ and workers’ organizations to provide such a briefing. Bali 3 Raise awareness and build capacity on the delivery and monitoring of recruitment and placement services, and different forms of direct hiring of migrant workers All countries Partial Most sending countries have identified the need to strengthen legislation and/or monitoring procedures. However, there is limited regulation of recruitment practices in some receiving countries. Bali 4 Collect and disseminate factual information through the media and other channels on the contributions of migrant workers to the economy and society in host countries All countries No / Limited With the exception of a couple of countries, there is still considerable scope for progress in this area, for both sending and receiving countries. Bali 5 Carry out joint efforts with various stakeholders to present a positive image of migrant workers All countries Partial In most countries, these efforts have been led by civil society or international organizations, and greater engagement from government and social partners is required in order to increase the reach of such campaigns. Promoting effective return and reintegration, and sustainable alternatives to migration Bali 6 Undertake a regional study on the programmes of skills trainings, pre-departure and post-arrival

• rientations, and return and/or reintegration support
• ffered

All countries No / Limited Studies have been carried out at the individual country level, but no regional study has been undertaken.

10/10/2012 13

• 3. Summary of Progress against

Recommendations

Rec # Recommendation Summary Eligible Countries Progress Remarks Bali 7 Improve the availability of employment services to returned migrant workers, including voluntary psychosocial counseling, gender sensitive reintegration, access to resources, and legal aid Countries of origin No / Limited Services for returned migrant workers are stated policy aims in several countries, but the actual provision of services does not appear to be available on a systematic basis in most countries of origin. Bali 8 Provide incentives to returned migrant workers, e.g. no penalties for irregular migrants, exemption of import duties for tools and equipment to be used by migrant workers Countries of origin No / Limited Such measures exist in some countries, but little information has been provided on the impact of these policies. Bali 9 Ensure as much as possible that mass/group deportation will not take place Countries of Destination __ No information has been provided or collected on this Recommendation so far. Bali 10 Draw up contingency plans and make funds available in case of mass returns of migrant workers in emergencies Countries of Origin Yes Several (but not all) countries of origin have funds and plans in place, which were utilized in repatriating workers from the recent unrest in several Middle East and North African countries. Bali 11 Ensure that sustainable economic reintegration policies and strategies are evidence-based, market-demand/need based and gender sensitive Countries of Origin No / Limited As yet, only information from Philippines has been provided under this Recommendation. Bali 12 Ensure that return and repatriation programmes are effective, sustainable, and rights based, and with the involvement of tripartite partners and civil society organizations All Countries Partial The laws in several countries lay out the

• bligations of recruitment agencies and the

services to be provided by the government, but there appears to have been limited assessment of the effectiveness of such programmes. Bali 13 Encourage a speedy development of an ASEAN instrument on the protection and promotion of the rights of migrant workers that includes the family members of all migrant workers in its coverage All Countries Partial A timeline for completing the Agreement has been agreed on, and the drafting committee meets on a regular basis.

• 3. Summary of Progress against

Recommendations

Rec # Recommendation Summary Eligible Countries Progress Remarks

Bali 14 Set up ASEAN guidelines on effective return and reintegration All Countries No / Limited No information has been gathered on any initiative or proposal to develop these guidelines so far. Bali 15 Develop bilateral and multilateral agreements for portability of the social security benefits and better implementation of existing schemes All Countries No / Limited While there are numerous bilateral agreements between countries within ASEAN, and with countries outside of ASEAN, little progress has been made in increasing the portability of social security Bali 16 Provide access to legal support and essential services, including consular services, for migrant workers and members of their families All Countries Partial Refer to Hanoi Recommendations 3 and 4 above. Bali 17a Establish specific responsibilities and roles with respect to return and reintegration and sustainable alternatives for migrant workers Countries of Origin Partial A number of countries have developed policies that identify specific roles related to the provision of reintegration services, as well as innovative programmes. However, there is clearly a lot more that can be done. Bali 17b Establish specific responsibilities and roles with respect to return and reintegration and sustainable alternatives for migrant workers Countries of Destination Limited/Par tial The principal measures that relate to migrants’ successful return include the guarantees to equal treatment under the labour protection laws. However, few programmes exist to prepare workers for their return home.

10/10/2012 14

• 3. Summary and conclusions
• Significant progress in implementing the Hanoi

Recommendations (Information/services) of 2010: Recommendations: 6 Progress Yes: 3 Progress Partial:3 Smaller number of recommendations

• Bali Recommendations (2011) is work in progress:

Recommendations: 12 Yes: 1; Partial: 4; Limited/No: 6; No information - 1 Only a year has passed. Need to assess after 2

• years. Greater number of recommendations.
• 3. Summary and conclusions
• Need to assess or evaluate the effectiveness, quality

and reach of information services for migrants on a continuous basis as recommended in Hanoi.

• Use of broadcast media such as radio and television

to be further explored and maximized due to their reach and accessibility; literacy levels of migrants should also be heavily considered in developing information materials

• Cooperation in promoting sharing of good practices

in the provision of information and services within the ASEAN should be pursued, perhaps by staging a virtual platform for learning and inspiring others

10/10/2012 15

• 3. Summary and conclusions
• Online and other information should be easily

understood by migrant workers; regulations could sometimes be too technical, and are not easily understood.

• Stakeholder participation be increased; expertise of

trade unions and human rights organizations, for example, tapped in developing materials and lecturing

• n human and labour rights.
• Migrants Resource Centres should be promoted;

migrants made aware of its existence, referral networks established and functional, and services are delivered timely by trained staff

• 3. Summary and conclusions
• The cooperation of local authorities or of the

embassies and consulates, trade unions, employers’ groups and civil society organizations in developing and delivering post arrival orientation program and in initiatives to create positive image of migrants in host societies could be obtained

• Return and repatriation should be linked to economic

and social reintegration programs

10/10/2012 16

• 3. Summary and conclusions
• Need for a regional and/or country study on return and

reintegration of migrants to better understand the dynamics of return, their causes and underlying causes, and the needs of migrant workers upon return towards developing comprehensive and responsive reintegration programs and services.

• Confidence building measures need to be undertaken

to facilitate sustainable cooperation and mutual trust between the government and civil society actors in the provision of services to migrants; clear lines of coordination between national and local authorities need to be addressed as well to aid smooth reporting and sharing of data of departing and returning migrants.

Thank you

For more information, please contact: Nilim Baruah Senior Regional Migration Specialist ILO Regional Office for Asia and the Pacific Bangkok, Thailand E-mail: baruah@ilo.org www.ilo.org/asia