Compendium on Migrant Workers' Education and Safe
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P a g e | 1 P a g e | 2 The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967. The ASEAN Member States are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam. The ASEAN Secretariat is based in Jakarta, Indonesia. For inquiries, contact: The ASEAN Secretariat Community Relations Division (CRD) 70A Jalan Sisingamangaraja Jakarta 12110, Indonesia Phone: (62 21) 724-3372, 726-2991 Fax: (62 21) 739-8234, 724-3504 E-mail: [email protected] _________________________________________________________________________ Catalogue-in-Publication Data Compendium on Migrant Workers‘ Education and Safe Migration Programmes Jakarta, ASEAN Secretariat, April 2017 331.544 1. ASEAN – Migration System 2. Policy – Standard – National System ISBN 978-602-6392-50-3 The text of this publication may be freely quoted or reprinted, provided proper acknowledgement is given and a copy containing the reprinted material is sent to the Community Relations Division (CRD) of the ASEAN Secretariat, Jakarta. General information on ASEAN appears online at the ASEAN Website: www.asean.org Copyright: Association of Southeast Asian Nations (ASEAN) 2017. All rights reserved. __________________________________________________________________________ P a g e | 3 P a g e | 4 Foreword am extremely delighted with the completion and publication of the ASEAN Compendium on Workers‘ Education and Safe I Migration Programmes on the year the Association of Southeast Asian Nations (ASEAN) celebrates its 50th Founding Anniversary, and during the Philippine Chairmanship of ASEAN. It is made more meaningful that this year marks the 10th year of the Cebu Declaration on the Protection and Promotion of the Rights of Migrant Workers, which was signed by the ASEAN Leaders during the Twelfth Summit in 2007 in Cebu City. Workers‘ education and safe migration programmes are crucial to ensuring that people in search for employment opportunities in countries other than their own know about practical information on labour migration. Migrant workers need to carefully understand the recruitment processes prevailing in their countries of origin, their rights and responsibilities under an employment contract, including those of their employers, and the available legal remedies and assistance programmes in case of need. This Compendium is divided into three major parts, such as Country Migration Profiles of each ASEAN Member State (AMS), Case Studies on some potential good practices, and Recommendations that will feed into policy reform and programme development. By and large, existing workers‘ education and safe migration programmes among AMS vary in terms of scale and content due to the diverse country migration profiles, legal framework, and national labour migration policy agenda and priorities. Consequently, some countries have strong pre-employment and pre-departure programmes than others, while a few have focused on post-arrival education programmes. This publication further attempts to provide evidence on the strengths and limitations of existing programmes of the AMS through case studies by offering some guidance and inspiration in enhancing available programmes. At the end of this document is a set of recommendations that the AMS, collectively or individually, could consider in framing more responsive, effective and efficient workers‘ education and safe migration programmes. It is my sincere wish that the aspirations to pursue this initiative under the leadership of the Philippines, as country coordinator, will be achieved and that the use of the material is maximised to the fullest. Allow me to extend my heartfelt gratitude to the Regional EU-ASEAN Dialogue Instrument (READI) for the support to this project. I also wish to congratulate and thank the Philippine Technical Team, the ASEAN Secretariat, the National Focal Points and National Consultants from each of the AMS, as well as the Regional Consultant, for their respective contributions to make this pioneering endeavour of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW) a reality. SILVESTRE H. BELLO III Secretary of Labor and Employment, Republic of the Philippines P a g e | 5 Message his year, ASEAN celebrates its 50th anniversary. It is also the 10th anniversary of the signing by the ASEAN Leaders T of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers or the Cebu Declaration. The commitments laid out in the Cebu Declaration have shaped and driven the region‘s cooperation on the rights of migrant workers in various ways. These include the establishment of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW). Since its establishment in 2008, the ACMW has implemented several initiatives including developing this Compendium on Migrant Workers‘ Education and Safe Migration Programmes. For a long time, people in the ASEAN region have moved within and outside the region in search of opportunities and in response to the demand of our growing economies. Their contribution to the economies and societies of both their countries of origin and countries of destination is immense. With the establishment of the ASEAN Community in 2015, the region‘s robust economy is anticipating more people who will be looking for job opportunities outside their own countries. It is imperative that prospective migrant workers, migrant workers engage in employment and their employers are provided with comprehensive education and programmes that would equip them with information to ensure safe migration. It is also necessary that such education and programmes are available in all stages of migration, from pre-employment to pre-departure, post-arrival, and return and reintegration. The Compendium on Migrant Workers‘ Education and Safe Migration Programmes provides comprehensive information provided by ASEAN Member States on country profiles and existing education and safe migration programmes targeting migrant workers and employers. As a very useful reference document for various stakeholders involved in the promotion of safe migration, I am confident that the Compendium will inspire policy- makers, relevant Government agencies, NGOs, and other stakeholders to continue strengthening their policies and programmes to make migration safe for all. LE LUONG MINH Secretary-General of ASEAN P a g e | 6 Message congratulate the ACMW for completing and publishing this compendium on the Migrant Workers‘ Education and Safe I Migration Programmes. We are very proud to have been supporting this publication, as it is in line with the EU's commitment to supporting the protection of migrant workers in ASEAN. The free movement of people is essential for economic development and for creating a sense of community among the people. It is a fundamental principle enshrined in the Treaty on the Functioning of the European Union, and it has helped creating the European Single Market that we know today. European citizens can move freely within the borders of the 28 member states of the EU – they can look for a job in another EU country, work there without needing a work permit and stay there even after employment has finished. This free movement of workers makes the EU today the largest labour market in the world. Providing a comprehensive and accessible documentation on the current situation of migrant workers in ASEAN countries, this publication is a significant contribution towards the protection of the rights of migrant workers in ASEAN. It goes beyond the diagnostic by also assessing what is needed in practice, including legal standards, policies and practices of pre-employment and pre-departure education programmes, onsite and post-arrival programmes, and return and reintegration programmes in both sending and receiving countries within ASEAN and beyond. This publication can serve as a stepping stone for further cooperation and sharing experiences between ASEAN countries, as well as for exchanging best practices between ASEAN and the EU. On behalf of the EU, I thank you and congratulate the Philippines, as the country proponent, for leading the preparatory work for this publication. I also thank all representatives of the ACMW, the ASEAN Secretariat, and all those involved in the process of completing this book. I am sure that good use will be made of this publication, among stakeholders, including policy-makers, government officials, parliament members, private business actors, recruitment companies, migrant workers and their families, practitioners, as well as the wider public. FRANCISCO FONTAN Ambassador, EU Mission to ASEAN P a g e | 7 Contents Foreword ……………………………………………………………………………………….. 4 Message of the Secretary-General of ASEAN ....…………………………..………….. 5 Message of the Ambassador of the EU Mission to ASEAN ………………………….. 6 Acknowledgements ………………………………………………………………………… 10 The ASEAN Compendium Project Team ………………………………………………… 11 Overview ………………………………………………………………………………………. 15 Terminologies Used Throughout the Compendium …….……………………………… 20 Abbreviations ………………………………………………………………………………….. 24 Chapter 1: ASEAN and Migration: Country Reports ……………………………………. 27 1. Brunei Darussalam ……………………………………… 28 2. Cambodia ……………………………………………….. 35 3. Indonesia …………………………………………………. 45 4. Lao PDR …………………………………………………... 50 5. Malaysia ………………………………………………….. 54 6. Myanmar …………………………………………………. 60 7. Philippines