Asian Forum for Human Rights and Development(Forum Asia) s1

CONSULTATION JOINTLY ORGANISED BY

ASIAN FORUM FOR HUMAN RIGHTS AND DEVELOPMENT(FORUM ASIA) AND MIGRANT FORUM IN ASIA (MFA)

SUPPORTED BY SOUTHEAST ASIA REGIONAL COOPERATION IN HUMAN DEVELOPMENT (SEARCH)

Civil Society Organisations and Trade Unions of ASEAN

Consultation on Drafting the ASEAN Multilateral Framework on the Rights of Migrant Workers

22 - 23 April 2006 Singapore

A PROJECT CO-ORDINATED By the Focal Point on Southeast Asian Migrant Workers Initiatives

Responsible

Sinapan Samydorai Think Centre – Singapore Working Group

Taskforce on ASEAN Migrant Workers Taskforce on ASEAN Mechanisms on the Rights of Migrant Workers

Civil Society Organisations and Trade Unions of ASEAN: Consultation on Drafting the ASEAN Multilateral Framework on the Rights of Migrant Workers 22 -- 23 April 2006, Singapore

Report of the Consultation

The Consultation opened with a warm welcome to all 40 participants. Each participant then briefly introduced themselves and their organizations. Among the participants in the consultation were:

 12 representatives of regional and national trade unions;  8 representatives from regional and national migrant workers organisations;  8 representatives from regional and national human rights and development organizations;  7 representatives and technical experts from international organisations;  and 5 observers from Singapore.

The participants came from various countries including Cambodia, Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam.

1. Introduction to the Consultation on the Drafting of an ASEAN Multilateral Framework on the Rights of Migrant Workers

It was noted that the Asian region, including ASEAN, has yet to establish a regional human rights mechanism or system. Nor does ASEAN have a regional framework on the rights of workers, which could facilitate the mobility of labour within the region, support much needed socio-economic development, and to help reduce the wide gaps in average national income between the developed, developing and under-developed nations within the region.

In July 2005, the ASEAN Ministers sought the assistance and support of the Working Group for the ASEAN Human Rights Mechanism in implementing various components of the Vientiane Action Programme (VAP) which focus on human rights. Specifically, ASEAN’s request focused on the following components:

 Establishment of a commission on women and children;  Elaboration of an instrument for the promotion and protection of the rights of the migrant workers;  Education to build greater public awareness about human rights;  Networking among national human rights institutions.

The Singapore Working Group was designated as the Focal Point on Migrant Workers, and was tasked with planning and conducting appropriate activities to elaborate an

2 instrument for the promotion and protection of the rights of the migrant workers. The Singapore Working Group is facilitated by the Think Centre, led by its President Sinapan Samydorai. As an expert on human rights, labour and migrant workers issues, Samydorai sits on the Executive Committee of both Forum Asia and the MFA.

Most ASEAN Countries have recognized the concept of core labour standards, and have legislated some of these standards into their national labour laws. While comprehensive labour laws do exist in ASEAN, there is a great deal of variety among the laws of various countries, especially in relation to provisions concerning the rights of the migrant workers. There are a number of identifiable issues that must be addressed in the laws of each country if that country wishes to be harmony with the core labour standards identified by the International Labour Organization (ILO), and contained in the 8 ILO Core Conventions, the ILO Declaration on Fundamental Principles and Rights at Work, and ILO conventions 97 and 143 concerning migrant workers. Some countries have made it a priority to move to bring their laws into compliance with core labour standards, while other countries have made less progress in doing so.

The drafting of the multilateral framework on the rights of the migrant workers requires a participatory consultation process that includes regional/national civil society and trade unions, and representatives of concerned governments.

This consultation process is important because it provides the rare opportunity for networking and exchanging information between human rights and development organizations, migrant workers organizations, and trade unions. Through this network, it will be possible to build understanding and consensus among the various organizations on issues like core labour standards, terms of employment for migrants, and the fundamental rights of all migrant workers. Building this common platform, and increasing solidarity among these organizations in ASEAN, will facilitate the practical aspects of promoting and protecting the rights of migrant workers.

The draft framework for ASEAN on the rights of the migrant workers will become a reality through the complementary work of each organization and stakeholders. To bring forward and propose a framework to ASEAN will require the active cooperation of the trade unions. Their support is critical to impart negotiating principles and techniques associated with collective bargaining agreements (CBA) which can be used when discussing matters with Governments and other partners.

Since experience working with ASEAN indicates that the process going forward will be slow, the partners will need to realize that commitment, persistence and patience is required as each step is carefully negotiated. Measures to build capacity, and increased confidence and trust between different partners, should be strengthened by acquaintances and common work as we engage the ASEAN in its step by step dialogue and implementation process.

The human rights and development organizations, migrant workers organizations, and trade unions will have to ensure they have the capacity to move this process forward with

3 the so-called ASEAN “Track II Organization” like the Working Group on an ASEAN Human Rights Mechanism, and with officials of the ASEAN-member Governments.

The network partners recognize that capacity building and enhancing our knowledge through policy research on the rights of migrant workers, as well as the ability to negotiate and monitor the implementation of any agreed-upon framework, will involve technical assistance from the International Labour Organization (ILO), the secretariats of the Global Union Federations (GUFs), and other relevant UN organizations, e.g. UNIAP, the Office of the High Commissioner on Human Rights (OHCHR), etc. Promoting “best practices” to improve the conditions of migrant workers requires all actors to document these “best practices” and share that information through easily accessible ICT tools like a dedicated web-based database. This is one way to influence and convince government officials of the urgent need to improve the lives of all migrant workers in the region.

All partners in this consultation process to develop a Migrant Worker Framework understand that at each stage the outcomes that are developed through this consultation will be channelled through the Working Group for an ASEAN Human Rights Mechanism. This process will ensure that the information from our consultation is tabled at the ASEAN Labour Ministers Meeting (ALMM), and ASEAN Senior Officials Meetings. The Working Group will ensure that the language used in our consultation documents is appropriate before our outcome documents are forwarded for consideration by various ASEAN offices.

2. Mapping: Organizations and Activities

Organization Activities Regional Trade Unions, Migrant Worker Organizations, Human Rights & Development NGOs 1. Migrant Forum in Asia (MFA) Regional Migrant Workers Network, www.mfasia.org Secretariat in Manila: campaigns, regional * Network: Solidarity for Asian advocacy, training, capacity building Peoples Advocacy (SAPA) 2. Asian Migrant Centre (MFA) - Regional migrant research network, centred in Secretariat Mekong Migrant Network Hong Kong: produces Asian Migrant www.asian-migrants.org Yearbook, does advocacy, empowerment and reintegration; Mekong Migrant network – issues of migrant workers in Mekong Sub- region; mapping migration in the Mekong 3. Asian Forum on Human Rights and Regional human rights and development Development (Forum Asia, FA) network, Secretariat in Bangkok: regional www.forum-asia.org advocacy, capacity building, human rights defenders, research and training on human *Facilitates and co-ordinates: rights and development, Forum Asia Solidarity for Asian Peoples Advocacy facilitates the development of SAPA – a

4 (SAPA) network promoting effective regional human rights advocacy on thematic issues including labour and migrant rights 4. Union Network International (UNI) Regional office of a Global Union Federation, - Asia-Pacific Regional Office regional office based in Singapore, www.union-network.org headquarters based in Geneva; organize workers, including migrant workers, union solidarity campaigns, advocacy and research, capacity building; 5. Asia-Pacific Workers Solidarity Regional independent union network, with Link (APWSL) coordinator based in Bangkok: focused on organizing workers, including migrant workers; supporting worker and union solidarity campaigns, building information exchange between unions in different Asian countries 6. Asia Pacific Women, Labour and Regional Network secretariat in Chiang Mai: Development (APWLD) Research on gender issues, advocacy, capacity www.apwld.org building, labour and migration convenor (APWLD program) 7. Coordination of Action Research on Regional network secretariat in Kuala Lumpur: AIDS and Mobility in Asia Research, advocacy, community based (CARAM Asia) interventions www.caramasia.org 8. Jesuit Concern for East Asia Office Regional office of the Jesuits: coordinates program on refugees and migrant workers; research, advocacy, humanitarian and emergency services, Trade Unions: National and Local 7. UNI-APRO Philippines Affiliates of UNI-APRO: Organize unions 8. UNI MLC (UNI-APRO) Malaysia including migrant workers; starting to do cross- 9. UNL (UNI-APRO) Indonesia border organizing and help desk in Malaysia 10. ASPEK (UNI-APRO) Indonesia for migrant workers; negotiate CBA; promote awareness on labour rights; 11. KSBI Indonesia Affiliate of World Confederation of Labour (WCL): organize unions; interested in organizing migrant workers; CBA; promote awareness on labour rights; 12. FSBI Indonesia Trade union federation organizing migrant workers 13. SBMI Indonesia First national trade union of migrant workers 14. MARINO-Alliance of Progressive Seafarers trade union – organizing seamen and Labour (APL), Philippines marine workers, affiliated with national labour congress (APL) Migrant Workers Centres: National and Local 15. Centre for Migrant Advocacy, Affiliates of Migrant Forum in Asia: All are Philippines involve in advocating and protecting migrant

5 16. TENAGANITA, Malaysia workers rights; providing awareness training 17. St. Francis Worker Centre, for migrant workers about labour rights, Singapore counselling and mediation services; Batam 18. Centre for Indonesian Migrant migrant Centre and St. Francis are reaching out Workers (CIMW), Indonesia to industrial workers and organizing them into 19.- Batam Migrant Centre linked with peer groups, associations or unions; migrant CIMW, saving schemes are promoted; documentation 20. MIGRANT CARE, Indonesia and recording of labour rights violations; engaging in national & regional policy changes in favour of core labour standards and rights of migrant workers; capacity building and training of migrant workers

Human Rights & Development National and Local NGOs 21. ADHOC -- Cambodian Human Affiliates of Forum Asia: ADHOC and Think Rights & Centre. HRWG operates closely with Forum Development, Cambodia Asia and SAPA. Think Centre engages SAPA 22. Think Centre, Singapore on migrant worker rights; All three promote 23. Human Rights Working Group human rights at national level; advocate and (HRWG), Indonesia engage on policy changes at national and regional level including migrant workers rights. Think Centre hosts the Singapore Working Group and serves at the ASEAN Working Group as the focal point for migrant workers.

Regional Experts & Observers:

24. Working Group for an ASEAN A regional body recognized by ASEAN, the Human Rights Mechanism (WG- WG-AHRM is working to establish an ASEAN AHRM) Human Rights Commission; ASEAN has requested the WG to work on the details of items dealing with human rights that are contained in the Vientiane Action Programme, including to establish a commission on women and children; conduct human rights education/build public awareness of human rights, and to elaborate an instrument on the rights of migrant workers. The WG-AHRM serves as a bridge between civil society organizations and ASEAN on human rights issues 25. United Nations Inter-Agency UNIAP is a project facilitating coordination Project on Human Trafficking in the against human trafficking sub-regionally Greater Mekong Sub-region (UNIAP) (Mekong), and nationally in each of the six www.no-trafficking.org Mekong countries; it serves as Secretariat for the Coordinating Mekong Ministerial Initiative

6 Against Trafficking (COMMIT) process; and concerns all aspects of human trafficking policy, including labour brokering and safe migration; UNIAP facilitates joint activities between Governments, UN agencies, and NGOs. 26. International Labour Organisation ILO is a tripartite (government, unions, (ILO) Regional Offices in Jakarta and employers) Un agency working on gender and Bangkok migration issues; setting and implementation of www.ilo.org core labour standards, including treatment of migrant workers; providing technical support and assistance to workers, employers, governments, and, in some cases, NGOs; and engaging in protection of workers from forced labour and human trafficking. 27. CSEARHAP – Canadian Southeast From offices in Hanoi and Bangkok, provides Asia Regional HIV/Aids Programme HIV/AIDs awareness and prevention Bangkok and Vietnam programmes; focuses on AIDS and mobility, with concerns about the health of mobile migrant populations in the region. Conducts advocacy focused on transport and labour sectors; encourage national guidelines on HIV and mobility; supports cross-border projects targeting truck drivers and migrant sex workers 28. SEARCH – Southeast Asia Organization/consortium based in Canada, Cooperation in Human Development serves as implementing agency for project www.searchproject.ca developed by SEARCH (focused on ethnicity, migration, and trafficking), and financially supported by the Canadian International Development Agency (CIDA); 29. Philip Robertson Human rights and labour consultant, based in Consultant, SEARCH Bangkok Email: [email protected] Works as expert employed by SEARCH to provide technical assistance on migration issues.

7 3. Brainstorming on strategies and tactics: our strengths, and future challenges

Strengths:

 Strong commitment by partner organizations – During the networking of NGOs, trade unions, migrant workers organizations, regional organizations, and international agencies (like the ILO, and UNIAP) all participants displayed a strong desire to continue and expand their participate in the process of developing an ASEAN framework on migrant workers. This commitment is maintained by strong and experienced leaders of the participating organizations.

 Representation/presence of key stakeholders in consultation – The consultation included virtually all key stakeholders (including organizations representing migrant workers directly). The only exception was government policy-makers, but the engagement with these policy-makers is already provided for at the forthcoming workshop of the Working Group on an ASEAN Human Rights Mechanism, to be held in June 2006 in Kuala Lumpur, Malaysia.

 Increased services available for migrants from support organizations -- There is already significant development in services offered to migrants by NGOs such as capacity building, training, migrant saving and alternative investment (MSAI), etc.

 Strong engagement by a key Global Union Federation – The engagement of unions in this process is significant and unique as seen in the presence of Union Network International – Asia Pacific Regional Organization (UNI-APRO) secretariat members, and its national members from Indonesia, Malaysia and Philippines.

 Participation of network linking trade unions -- The involvement of the Asia- Pacific Workers Solidarity Link (APWSL), represented by its regional secretariat in Bangkok, is important because APWSL links independent unions from 12 Asian countries, and offers an opportunity to strength union efforts to organize unions of migrant workers at the grass-roots level in the region.

 Participation by national trade union bodies -- There was a strong presence of various national trade union bodies from Indonesia, like the SBSI, SBMI, and ASPEK;

 Representation of the critical constituency of seafarers – The Alliance of Progressive Labour’s affiliate, MARINO, underlines the important need to organize seafarers and marine workers;

 Strong engagement of regional network organizations supporting migrant workers – The Migrant Forum in Asia (MFA) and the Asian Migrant Centre (a member of

8 MFA) both have strong capacity to collect information and data on migrant workers, develop case studies of migrant trends, and document violations of migrant workers’ rights and compile this information in a database. Both organizations have also developed services on migrant saving and alternative investment, pre-departure, post-departure and re-integration programmes for migrants. Both organizations have a demonstrated capacity to dialogue with regional and international bodies.

 Capacity on health issues affecting migrants -- CARAM-Asia has a specific focus on empowering the migrant workers, and conducting programs on prevention of HIV/AIDS (with an understanding of the impact of mobility and vulnerability to the disease) and care for persons living with AIDS. CSEARHAP is committed to supporting the work on HIV/AIDS and brings additional expertise to migration and health issues.

 Strength of human rights and development NGOs – The participation of Forum Asia, with its proven ability and leadership in lobbying, research, advocacy and capacity building on human rights issues, is important. Forum Asia has an extensive network of members who can be tapped to support this work. Forum Asia also has a demonstrated capacity to dialogue with regional and international bodies and governments.

 Expertise on human trafficking issues in the Mekong -- The UNIAP adds to the strength of the coalition because of its expertise in human trafficking issues, its ability to dialogue and negotiate with the six Mekong Governments, and its role as a trusted partner of Governments on human trafficking issues through the COMMIT Process.

 Engagement and expertise of the ILO -- The participation of the representative of the ILO Jakarta office, and pledge of continued support from the ILO for this process, enhances the possibilities for migrant workers agenda to be mainstreamed in the region, and holds out the possibility of technical support from the ILO for organizations advocating for the rights of migrant workers.

Challenges:

 ASEAN Governments fail to protect migrant workers in policies, laws -- Many ASEAN governments do not promote or adequately protect the rights of the migrant workers. It was noted that national labour laws often do not include domestic workers or informal sector workers in their regulations, and often these are jobs taken by migrant workers. Furthermore, it was noted that often a human rights perspective (that labour rights are human rights) is not present in the labour laws. Finally, it was seen that there is a lack of clear and comprehensive national and regional migration policies, and there is no regional instrument to promote and protect the rights of the migrant workers.

9  Need for harmonization of national labour laws with ILO core labour standards – It was noted that in many ASEAN countries, labour policies and laws fall short of ILO core labour standards1 and the obligations that all ILO member states have under the Declaration of Fundamental Principles and Rights at Work. It is recognized that technical support and assistance is probably necessary for governments to successfully harmonize the national labour laws with international core labour standards and rights afforded to migrant workers by international conventions.

 Lack of capacity for effective implementation of labour laws -- ASEAN Governments face major difficulties in fully implementing their national labour laws, and ensuring the practices of key stakeholders, like employers, meet core labour standards. Fair terms of employment contained in a job contract for migrant workers can provide basic protections for these workers, but often such a contract is not provided.

 Lack of effective standards and regulation of employment agencies and brokers -- There is urgent need to set clear standards for the operation of employment agencies in both sending and receiving countries, and ensure strict actions are taken against abusive labour brokers that violate laws or government policies, and cheat or deceive migrant workers.

 Need to link sustainable human security and right to development in ASEAN with respect for core labour standards -- Core labour standards are an essential element of economic policies designed to reduce poverty, overcome disparities in income, and provide sustainable livelihoods, yet this link is not well understood or accepted by ASEAN policy-makers yet.

 Need to strive to change perceptions and mindsets about migrant workers – Currently in ASEAN, migrant workers are more likely to be seen and treated as an asset or a commodity, rather than as human beings. The result is the migrant worker, as a commodity, is exploited at each stage of the migration process – pre- departure, post-arrival and reintegration.

 Competitive pressure of globalization, demand for low wage labour – The competitive pressures of economic globalization creates demand for inexpensive, low cost labour by national and multinational companies. This demand is sometimes filled by the supply of highly vulnerable migrant workers, working with few protections in industrial estates, Free Trade Zones, or Export Processing Zones. In these areas, it is easier to disregard basic terms and conditions of employment, and to operate without reference to core labour standards.

 Need to develop an effective strategy to cope with cross-border issues -- There is lack of effective regional strategies on how to deal with so-called “sensitive”

1 ILO core labour standards are embodied in ILO conventions 29, 87, 98, 100,105, 111, 138, and 182.

10 cross-border issues of human trafficking, abusive and exploitative working conditions, discriminatory policies and practices against migrants, etc.

 Lack of awareness of rights among migrant workers – Greater awareness about core labour standards and their human rights needs to be built for migrant workers and their organizations.

 General lack of policy engagement and presence by migrant workers – Migrant workers and their organizations need to be more visible, and more engaged on both policy and implementation matters with national, regional, international bodies, as well as with the ASEAN governments, regarding the rights and protection of migrant workers

 Empowerment for migrant workers to protect themselves is needed -- Migrant workers, trade unions, and migrant worker NGOs/support organizations need to focus their attention on efforts to organize migrant workers into either trade unions and/or migrant associations so that migrant workers are able to negotiate collective bargaining agreements that can effectively protect their rights as workers. As part of this effort, capacity building and training must be provided for these groups to meet this challenge.

 Need to develop an effective strategy to engage the ASEAN governments on migrant workers issues -- In order to effectively promote the cause of migrant workers and the elaborate on the urgent need for an ASEAN framework on migrant workers, the partners at this consultation need to develop the appropriate lobbying, advocacy and research capacities, and implement them in a comprehensive strategy. Partner organizations must reflect on the need to balance their strategies. Engagement with government policy-makers and building understanding and trust with them must be recognized as a critical. There is a continuing need to build political support for policies that favour the rights of migrant workers and support their protection.

 Long-term problems of poverty, employment, and dislocation in ASEAN countries – Many ASEAN Governments and their peoples still require technical assistance and other types of support in order to overcome poverty, high levels of under-employment and unemployment, and social/communal violence and conflicts. In addition to so-called ‘push’ factors like these, significant disparities of wealth between juxtaposed countries contribute to ‘pull’ factors for migration. Long-term solutions need to be found in order to reduce overall imperatives for migration.

11 4. Key Issues: Draft ASEAN Framework on the Rights of Migrant Workers (DRAFT Framework_Revised_2) Based on draft proposal “Elaboration of an ASEAN Instrument on the protection and promotion of the rights of migrant workers”, containing strategies and policy content for use the CSO-TU Consultation held in Singapore from April 22-23, 2006.

The CSO and TU participation in this process is to ensure the human rights approach is applied in developing the ASEAN Framework on Migrant Workers.

Recommendation: Key issues that should be incorporated into the Table of Contents

1. Gender Equality

. Strategic cross-cutting issue related to migration; covered by ILO Conventions 100 and 111 . CEDAW can be used to deal with feminization of migrant workers . Governments that ratify are required to make periodic reports to the relevant treaty bodies

2. Poverty and Development

. Strategic cross-cutting issue related to migration . Government policies that cause migration . Migrants should not be considered commodities

3. Smuggling and trafficking of persons for employment

. Often both smuggling and trafficking are seen by governments as cross-border crimes . Smuggled migrants and human trafficking victims are often punished . There is little understanding by governments and many stakeholders about the difference between human smuggling, and trafficking in persons . There is little understanding about international standards and protections that should be provided to human trafficking victims

4. Agencies and Brokers

. Migration is dominated by exploitative agents, and high brokers fees which must be borne by the migrant . While need exists for proper regulation of the sector, little has been done to regulate it effectively . Consideration to be given to blacklist exploitative brokers . Government to Government approach in managing migration must be used

12 . ILO Convention no. 181 provides international standards for consideration

5. National polices and laws

. Develop a regional framework draft . Employ ILO Multilateral Framework on Labour Migration

6. Complaint mechanisms and remedies

. There needs to be an effective reporting procedure, and an individual complaints mechanism . There needs to be a mechanism providing for systematic, periodic reporting on the situation of migrant workers in ASEAN

7. Top priority issues

. Non-discrimination against migrants, extension of national treatment . Migrants’ right to organize, freedom of association . Fair terms of employment, written contracts . Basic wages and condition of work, and effective enforcement of same -- for example, workers to get one day off every seven days, receive minimum wage, receive overtime pay, be afforded basic safety at work, not be subjected to harassment, have basic food and housing . ILO Multilateral Framework on Labour Migration can be used as point of negotiation with ASEAN governments

5. International Labour Organization Presentation by Lotte Kejser, Indonesia

 ILO Convention 181 regulates private employment agencies

 Agenda of the 14th ILO Asia Regional Meeting (ARM) to be held in Busan, South Korea from August 29-September 1, 2006:  Assessment of labour supply & demand in Asia  Regional networking for labour migration management  Skills assessment and recognition agreements between sending and receiving nations for migrant labour  Establishment of a code of conduct for protection of migrant workers

 ILO Plan of Action to be finalized at ARM in August/September 2006  Recognition that improvement needed in labour policies & governance  Human rights approach is necessary for labour market mechanisms to function effectively

13  Strong need to have win-win situation for migrant sending and receiving countries  Need for a multi-lateral framework for labour migration, e.g. fair and efficient systems for recruitment, and social protection for migrant workers

 ILO Programs related to migration in Asia

 Asian Program on the Governance of Labour Migration: (ILO with UNIFEM) 2006-8 -- this regional programme for Asian countries focuses on policies, laws, training, information systems, bilateral MOUs, and dialogue promotion. Key activities include consultations, awareness raising, and capacity building.

 Mobilizing Action for Protection of Domestic Workers from Trafficking and Forced Labour: The programme focuses on Indonesia, Philippines, Malaysia, and Singapore. It aims to promote knowledge on working conditions of migrant workers, develop better statistics and demonstrate how critical the issue is for the economies of sending countries.

6. Discussion of draft ASEAN Multilateral Framework on the Rights of Migrant Workers

General discussion

After July 2005, the Working Group on an ASEAN Human Rights Mechanism tasked the Focal Point on Migrant Workers (Singapore Working Group) to provide the Working Group with plan of activities on how to “elaborate an ASEAN instrument to promote and protect migrant workers” as called for in ASEAN’s Vientiane Action Programme. The April 22-23, 2006, consultation is the first step on the path to drafting the ASEAN Multilateral Framework on the Rights of Migrant Workers and planning related activities.

Preparatory study materials included the ILO Draft Multilateral Framework on Migrant Workers2, which contains 9 core principles and elaborating points of policy for each principle. It is worth noting that there is a need to contextualize this Framework and other international document for the situation in Southeast Asia if the framework is to be considered (and hopefully, implemented) by ASEAN.

At the July 2005 meeting of ASEAN SOM with Working Group on an ASEAN Human Rights Mechanism in Vientiane, Lao PDR, H.E. Ong Keng Yong, the ASEAN Secretary- General, made clear reference to some issues to be resolve in practical ways through examples of “best practices.” It was noted that using a “best practices” approach is recommended because ASEAN governments prefer constructive dialogue, and learning

2 ILO Social Protection Sector: Note on the Proceedings – Tripartite Meeting of Experts on the ILO Multilateral Framework on Labour Migration, Geneva, 31 October-2 November 2005

14 from each others’ experiences. For example, he suggested skill accreditation for migrant workers could benefit from this approach. The outstanding question is ‘which country’s skill standards shall be used as reference for accreditations?’ At this time, there are no agreements in ASEAN on accreditation of skills and educational attainment.

Since 1995, the ASEAN Framework Agreement on Services (AFAS) has facilitated the movement of skilled professionals within ASEAN. At times, there have been tensions because the more developed countries within ASEAN draw skilled professionals away from the less developed countries (‘brain drain’). Also it should not necessarily be seen as a “fair deal” for the sending country because their professional often must accept a lower salary than host-country nationals would receive, and hence the remittances that s/he sends back to the sending country are lower than might otherwise be expected.

To deal with issues affecting migrant workers, and negotiate the different interests of the various ASEAN states, it is not sufficient to simply press claims for the rights of migrant workers based on the fact that these are human rights. A more sophisticated and subtle approach is required. It is important to first undertake more confidence building measures, and employ opportunities for awareness raising and capacity building. This is because ASEAN prefers to go through a step-by-step process to implement recommendations. The partners present at this consultation must recognize that we need to be patient, and we need to follow this step-by-step process, through developing a draft framework on migrant workers, and referencing our suggestions to illustrations of “best practices”, particularly when those “best practices” come from an ASEAN member.

The role of the ILO’s core labour standards is to ensure that there is an agreed “floor” of minimum decent working conditions, and that no efforts are made to go below that floor. Among the key principles for migration policy should be non-discrimination and equal treatment of all workers, regardless of nationality, respect for basic human rights and labour rights of migrant workers, and effective protection for all migrant workers.

ASEAN should promote the ratification of the eight core ILO conventions, encourage respect for the ILO Declaration of Fundamental Principles and Rights at Work, and support member states to ratify the following ILO conventions focusing on migrant workers: Convention no. 181 (Regulating Private Employment Agency), Convention no. 97 (Migration for Employment [Revised]), and Convention no. 143 (Migrant Workers [Supplementary Provisions]), as well as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Process so far in drafting the ASEAN Multilateral Framework on the rights of migrant workers [refer to attached report]

A statement was prepared together with SAPA (with paragraphs on migrants), and this was given in Bali, Indonesia, in April 2006 to the ASEAN Eminent Persons Group (EPG) who are working on the ASEAN Charter. There will be further follow-up with EPG when they meet in Singapore on June 26-27, 2006. SAPA has already written to the EPG coordinator for CSOs, H.E. Rodolfo Severino, Jr. (the former Secretary-General of

15 ASEAN) expressing SAPA’s interest and intention to participate as fully as possible in the ASEAN Charter Process.

A brief report on the proceedings of the April 22-23 consultation will be provided to the Working Group on an ASEAN HRM and the ASEAN SOM before their meeting on June 27-30, 2006, in Kuala Lumpur, Malaysia. At the appropriate time during the meeting and workshops, it is expected Sinapan Samydorai will make a report to the Working Group on an ASEAN HRM. The brief report will also be forward to the ASEAN Secretariat, and to the ASEAN Secretary-General and his advisors.

7. Building Consensus: Two Processes in Implementing the Vientiane Action Programme (VAP)

There are two ongoing processes which offer the opportunity to influence implementation of the VAP. These are (1) the ASEAN Charter, being developed by the ASEAN EPG, and (2) the Working Group on an ASEAN Human Rights Mechanism. How will civil society organizations and trade unions effectively participate in and influence these two processes?

 ASEAN Charter Process: Intended to result in a charter, potentially also including a bill of rights, that will formally transform ASEAN into a legal entity

 In December 2005 ASEAN mandated the EPG to collect ideas for an ASEAN Charter. Peoples’ organizations, civil society organizations, NGOs, and trade unions should take steps to ensure that the rights of migrant workers are included in the ASEAN Charter

 Each ASEAN country has a representative on the EPG, and the civil society organizations have formed the SAPA as an alliance organization focused on engaging with the EPG on Charter issues.

 The VAP is focused on creating three various ASEAN Communities: (1) a Security Community; (2) a Socio-Economic Community; and (3) a Cultural Community. The ASEAN Charter is being designed to bind all three of these Communities into a synergetic whole.

 The next EPG meeting on the ASEAN Socio-Economic Community is to be held in Singapore in June 2006. The SAPA has already indicated its desire to participate in this meeting, and has offered to meet the EPG to provide its principles, views, and concerns on multiple issues before the EPG, including migrant workers’ rights.

 The ASEAN Charter should be considered a top priority. Partners at this Consultation should make it a priority to seek to influence the EPG. There should be an agreement among CSOs and the trade

16 unions to launch an advocacy campaign targeting the EPG, with the express objective of seeking to guarantee that the right of all workers, including migrant workers, is included in the ASEAN Charter.

 The second process involves the Working Group on an ASEAN HRM concerning the ‘Elaboration of an instrument for the promotion and protection of the rights of the migrant workers” as called for in 1.1.4.6 of the VAP. This is a slower step-by-step process, in which the CSOs and trade unions present at this Consultation will need to work as stakeholders in partnership with the Working Group on ASEAN HRM as we all continue to advocate for human and labour rights.

 As much as possible, the ASEAN Multilateral Framework on Migrant Workers to be developed should benefit from, and be informed by the very thorough and comprehensive ILO Multilateral Framework on Labour Migration. The nine principles and supplementary points connected to each principle should be examined closely, and where possible, included in the ASEAN Framework to be developed.

 It was noted that there are examples of “good practices” from other regions of the world that we be documented, brought into our process, and benefitted from.

 The Working Group on an ASEAN HRM will take the assignment to ensure that “Draft ASEAN Multi-lateral Framework on Migrant Workers” is worded in such a way that it is more likely to receive a positive response from ASEAN. But the Working Group clarified that it cannot promise that the document created by the Consultation on the migrant framework will be the actual document that is presented to ASEAN. Whatever is produced by the partners on an ASEAN framework on migrant workers will certainly serve as an important input into the Working Group’s deliberations.

8. Task Force created to follow-up on the consultation

The meeting agreed on the proposal to create a Task Force on ASEAN Migrant Workers to follow-up on the consultation, with each major regional organization/ network having a representative on the Task Force to facilitate communication on developing a draft ASEAN Framework on migrants, and other plan and strategies, as needed. Specifically, it was noted that:

 The Task Force should co-ordinate the follow-up activities to this consultation.  The Task Force should include regional organizations and national focal points  The Task Force needs a Terms of Reference to guide its work  The Task Force needs ‘focal person” to whom participants have access and to whom they can communicate

17  The Task Force should take decisions and take responsibility to ensure that the commitments made by participants at this consultation are implemented.

Table of organization’s making commitments to the Task Force on Migrant Workers

Organizations/persons Commitments UNI-APRO Fully committed to the project, fully committed to working to Christopher NG build atmosphere of cooperation between CSO and TU. UNI- APRO will work to convince the TU to join in this dialogue. Lobbying ‘postcard’ method to send mail to ASEAN SG and governments. Need to spell out how the CSO and TU can be involved in monitoring the process of ASEAN implementation of the rights of migrant workers. APWSL Will report to APWSL and Thai trade unions, as many are Pairat Na Nakorn interested in participating in the process. APLWD Agrees to be part of the Task Force Tati Krisnawaty Forum Asia Pia Oberoi will be the representative of Forum Asia to the Anselmo Lee Task Force

HRWG - Indonesia Committed and available for the Task Force. Rafendi Migrant Care-Indonesia Will work to socialize the results of the meeting in our network, and do advocacy work. SBSI Since 1999, SBSI has been organizing migrant workers and Bismo Sanyoto has the capacity to conduct seminars on migrant worker issues in Indonesia. Bataam Workers Centre Lots of issues of migration and BWC wants to create stronger Andre connection with Singapore CIMW Experience in organizing migrant workers in Indonesia and Carla overseas. Will work on the issues of migrant workers. SBMI As the national union of migrant workers in Indonesia, SBMI MIFTAH FARID has experience in organizing and will work on the issues Tenaganita Tenaganita/ CARAM will talk their Board of Directors on Aegile Fernandez being in the Taskforce. Tenaganita is supportive and will work at national level in Malaysia and feed information into the regional network. MMN-AMC Will participate in Task Force as AMC/MFA after discussion Reiko with the responsible persons in AMC/MFA Migrant Forum Asia MFA has the regional and international experience to (MFA) -- Mabs participate the taskforce International Labour Willing to support this initiative. The ILO has upcoming Organisation (ILO) projects that can help support these initiatives and activities. Lotte Kejser You can count on the ILO on technical assistance, substantive result, political support and legal support. Want to see a clear

18 process, and a networking that comes out of this consultation. Next how do we do the internal and external advocacy, and maximize our impact on the ASEAN Governments. UNIAP UNIAP can provide technical input on human trafficking Melissa Stewart issue, as well as build on what has already been agreed upon in the COMMIT process. SEARCH Consultant Will provide support in drafting documents, Phil Robertson recommendations, framework. He will also help inform Burmese and Thai groups when he returns to Bangkok. SEARCH Financial and technical support for the process, networking of Michael Miner organizations, and activities with the Government. Melinda MacDonald

9. Minimum Operational Plan of Action: Conclusions

The Proposal to form the Taskforce on ASEAN Migrant Workers was put to the plenary. It was emphasized that the Taskforce should have very clear task and focus. The following representatives from regional organizations and national focal points were proposed to the participants, in plenary:

1. Human Rights and Development: Forum Asia, APLWD

2. Migrant Workers: MFA MMN and CARAM Asia -- may agree later to be in the Task Force, but need to check with principals of organization first

3. Trade Unions: UNI-APRO

4. National organizations: To be done by formation of National Convenor Groups

5. Overall Convener of the Taskforce: Sinapan Samydorai, Think Centre and Singapore Working Group, Focal Point on Migrant Workers Initiatives

It was noted that Phil Robertson, the technical expert supported by SEARCH, would be asked to provide necessary assistance to the Task Force so that it could complete its duties.

The above-mentioned proposal was put to a decision by the plenary, and received overwhelming support from the participants at the consultation.

19 Task Force’s Operational Task

 Set-up Internet based e-group for communication o Need to create e-group for those who have attended, and those who could not come. The e-group will be managed by the Think Centre. Adding additional persons to the group will be handled by Samydorai, and clear criteria will be circulated on how to use the list. New members to the list will have to be recommended by existing members. The ideal is to exchange information on a thematic basis

 Develop a working calendar o A working calendar needs to be developed between now and December for the Task Force’s activities, ASEAN general activities, the work of the WG on ASEAN HRM, etc. In this way, plans can be made for what events can be attended by Task Force members, what events/activities others in the network should take part in, especially those events where a representative of the Task Force is unable to attend.

 Monthly or bi-monthly report – to the e-group

 Mandate to connect with the national networks & focal points

Work of the Task Force

Taskforce Convener will work on the following drafts and reports, with support from the SEARCH technical consultant.

1. Prepare draft report of the consultation 2. Prepare draft for WG on ASEAN HRM meeting in June 2006 3. Develop a working calendar 4. Conduct stock-taking of existing bilateral and multilateral agreements of ASEAN countries 5. Conduct stock-taking of relevant ILO and UN Conventions/documents signed or ratified by ASEAN countries 6. Prepare Draft Elaboration of an ASEAN Framework on the Rights of Migrant Workers which includes the core labour rights, minimum working conditions and terms of employment 7. Submit Draft to WG on ASEAN HRM, ALMM, SLOM and other relevant ASEAN bodies

20 Civil Society Organisations and Trade Unions of ASEAN: Consultation on Drafting the ASEAN Multilateral Framework on Migrant Workers 22 to 23 April 2006, Singapore

Participant List Name Organization Email Trade Unions 1.CHRISTOPHER UNI- APRO [email protected] NG Singapore 2. HASHIM LOBE UNI-APRO - Singapore [email protected] 3. YOKO OGAWA UNI-APRO TOKYO [email protected] 4. JOSE P. UMALI UNI-APRO Philippines 5. MOHAMED UNI MLC [UNI-APRO] [email protected] SHAFI Malaysia 6. KUN UNL [UNI-APRO] [email protected] WARDANA Indonesia 7. INDRA YANA ASPEK [UNI_APRO] [email protected] Indonesia 8. BISMO KSBI [email protected] SANYOTO Indoensia 9. BAYU FSBI [email protected] MURNIANTO Indonesia 10. MIFTAH SBMI [email protected] FARID Indonesia

11. MILTON MARINO-APL [email protected] UNSO Philippines 12. PARAT APWSL [email protected] NANAKORN Thailand

Migrant Workers Regional &National Support NGOs 1. ELLENE A. CMA-MFA [email protected] SANA Philippines

2. AEGILE TENAGANITA -MFA [email protected] FERNANDEZ Malaysia 3. SINAPAN St. Francis Worker Centre [email protected] SAMYDORAI Singapore - MFA 4. CARLA NATAN CIMW - MFA [email protected] Indonesia 5.ANDRE Batam Migrant Centre [email protected] SIBURIAN Indonesia - CIMW

21 6. MULYAS MIGRANT CARE Indonesia - MFA 7. MABS MFA Secretariat [email protected] LICMOAN 8. REIKO MMN-AMC-MFA [email protected] HARIMA

Human Rights & Development Regional & National NGOs

1. ANSELMO LEE FORUM ASIA [email protected] 2. SAMMY FORUM ASIA [email protected] GAMBOA 3. PIA OBEROI FORUM ASIA [email protected] 4. OUK KIM CAMBODIA HUMAN [email protected] ANTARA RIGHTS & DEVT - Forum Asia 5. SAMYDORAI THINK CENTRE [email protected] SINAPAN Singapore – Forum Asia 6. RAFENDI HRWG-Indonesia [email protected] DJAMIN 7. TATI APWLD [email protected] KRISHAWATY 8. PAUL DASS JCEAO [email protected]

Regional Experts & Observers:

1. ROY PAOLO WORKING GRP FOR AN [email protected] SANTIAGO ASEAN HUMAN RIGHTS MECHANISM 2. MICHAEL SEARCH [email protected] MINER 3. MELINDA SEARCH [email protected] MACDONALD 4. THUAN CSEARHAP/Search/Vietnam [email protected] NGUYEN 5. PHILIP S. CONSULTANT/SEARCH [email protected] ROBERTSON 6. MELISSA UNIAP -Thailand [email protected] STEWART 7. LOTTE KEJSER ILO INDONESIA [email protected]

Singapore Observers:

22 1. BRAEMA [email protected] MATHI TWC2 [email protected] 2. NORASHIKIN [email protected] 3. IMRAN PRICE [email protected] 4. AMY FATAH

5. PETER CHEN IHDS [email protected]

Singapore Think Centre Technical Support Stafts 1. Tan Kong Soon 2. Michael Cheng Think Centre [email protected] 3. C. Pathiv Mohan 4. Sylvia Chiang