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Civil Society Proposal: ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers

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Civil Society Proposal: ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers Civil Society Proposal: ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers Task Force on ASEAN Migrant Workers Civil Society Proposal: ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers Task Force on ASEAN Migrant Workers (TF-AMW) www.workersconnection.org Edited by Sinapan Samydorai Philip S Robertson Jr. Published by Task Force on ASEAN Migrant Workers (TF-AMW) P.O.Box 640, Teban Garden Post offi ce, Singapore 916002 Tel: + 65 9479 1906 Fax: + 65 6425 0709 email: [email protected] Weblink: http://www.workersconnection.org Asian Forum on Human Rights and Development (Forum-Asia) 246 Time Square Building, 12 Floor, Unit 1201 Sukhumvit Road, Klongtoey, Bangkok 10110, Thailand Tel: + 66 (0) 2 653 2940 Fax: + 66 (0) 2 653 2942 email: [email protected] Weblink: http://www.forum-asia.org Sponsored by Southeast Asia Regional Cooperation in Human Development (SEARCH) - The Canadian International Development Agency (CIDA) The text of this publication may be freely quoted or reprinted with proper acknowledgement. Copyright @ Task Force on ASEAN Migrant Workers (TF-AMW) 2009 All rights reserved. 12 May 2009, in Vientiane, Lao PDR, the TF-AMW proposal is delivered to the ASEAN Secretariat and the ASEAN Committee for the Implementation of the ASEAN Declaration on the Protection and Pro- motion of the Rights of Migrant Workers [ACMW]. The TF-AMW encourages the drafting team of the ACMW to refer to the Civil Society Framework In- strument in their deliberations, and to freely use the recommendations made therein as they deem ap- propriate. TABLE OF CONTENTS Preface .............................................................................................9 Acknowledgement ...........................................................................................10 Foreword ...........................................................................................12 Civil Society Proposal ...........................................................................................16 Introduction .........................................................................................16 General Principles .........................................................................................17 Principles of human rights, gender, and migrant workers rights – connection to international labour standards (statement of prin- ciples, ratifi cations, implementation) 17 Principles of cooperation with ASEAN civil society and trade unions 18 Obligations of Receiving States .........................................................................................19 Right to eff ective organization (in unions or otherwise) and collective bargaining for migrants 19 Wages and conditions of work and national treatment 19 Use of standard contracts for hiring migrant workers 20 Right to hold original travel (passport), work and personal documents and prohibition on seizure of documents 21 Special challenges facing foreign domestic workers and caregivers 21 Agreements/mechanisms to change employers in receiving countries and other employment recruitment processes 22 Migrant worker health 22 Migrant worker accommodations and living conditions 23 Access to health services for migrants and families 23 Occupational safety and health 24 Policies on migrant worker family & children, including marriage, birth registration, education and access to other services 25 Systems to protect and promote rights of undocumented workers 26 Policy to abolish discrimination in all forms against migrant workers 26 Eff ective systems of labour inspection and implementation of regulations 26 Access to legal systems and justice 27 Screening, arrest, detention and deportation policies and processes 27 Social and cultural beliefs and practices of migrants 28 Migrants’ ownership of communication devices and transportation vehicles 28 Obligations of Sending States .........................................................................................29 Ensure the right to decent employment and development 29 Eff ective pre-departure training and systems for migrant workers 29 Cooperation in vocational training and capacity building 30 Eff ective systems and regulations of the migrants’ departure from and return to their country of origin 30 Monitoring and regulation of labour recruitment agencies and brokers 31 Role of Embassies of sending countries in protecting migrant workers who are their nationals 31 Eff ective reintegration of migrants returning to sending states 32 Fulfi lling international obligation towards country’s national – citizenship, travel documents, right of return 33 Joint Obligations of Receiving and Sending States ...............................33 Eff ective regulation of private recruitment industry, emphasizing transparency, accountability and aff ordability of recruitment systems, and issuance of sanctions against abusive agents and brokers (individual and/or corporate) in both sending and receiving countries 33 Government to government recruitment systems 34 Creation and support for practical and eff ective grievance and complaint mechanisms and referral systems for migrants 35 Migration of skilled labour and the ASEAN Framework Agreement on Services 35 Accreditation of skills and education of migrant workers 36 Eff ective prevention and suppression of human traffi cking, establishment and implementation of systems to identify traffi cking victims, and provision of support for victims of human traffi cking 36 Bilateral and regional cooperation systems to protect migrant workers rights 37 Remittances, banking infrastructure systems, and savings schemes 36 Harmonization of national labour laws with ILO core labour standards 38 Commitments by ASEAN .........................................................................................38 ASEAN regional systems 38 ASEAN mechanism for a practical and eff ective system to handle migrant grievances and refer them for mediation and resolution 39 ASEAN Human Rights Body (AHRB) 40 Creation and operation of reporting and evaluation mechanisms on situation of migrant workers in ASEAN 40 Report of ASEAN Secretary-General and Report of the ASEAN Socio-Cultural Community Council 40 Participation of National Civil Society in Government’s Reporting on Implementation of the ASEAN Instrument 40 Civil society and trade union role with ASEAN Committee on Migrant Workers 40 Civil society and trade union role in ASEAN Forum on Migration 40 Systems to coordinate and provide assistance to migrant workers who are ASEAN nationals caught in confl ict or crisis situations outside ASEAN 41 Resolution of Disputes Regarding the ASEAN Framework Instrument 41 Cooperation in eff ective implementation of the ASEAN Framework Instrument 42 Support from the International Community 42 National Statements ...........................................................................................43 Cambodia National Statement 12 September 2008 ...............................43 Indonesia National Statement 12 May 2007 ...............................52 Laos National Statement 8 October 2008 ...............................56 Malaysia National Statement 14 August 2008 ...............................60 Philippines National Statement 24 September 2007 ...............................69 Singapore National Statement 17 April 2009 ...............................75 Thailand National Statement 31 July 2007 ...............................82 Vietnam National Statement 4 March 2008 ...............................88 Annex I ...........................................................................................96 7 January 2009 TF-AMW Letter to the Chair of the HLP (Thai Ministry of Foreign Aff airs) TF-AMW Letter: Forging an Eff ective Working Relationship between the ASEAN Committee on Migrant Workers (ACMW) and the ASEAN Human Rights Body (AHRB) .......................................................96 4 February 2009 Chair of the HLP (Thai Ministry of Foreign Aff airs) response to TF-AMW HLP Letter: Forging an Eff ective Working Relationship between the ASEAN Committee on Migrant Workers (ACMW) and the ASEAN Human Rights Body (AHRB) .......................................................98 25 February 2009 TF-AMW response to Chair of the HLP TF-AMW Letter: Forging an Eff ective Working Relationship between the ASEAN Committee on Migrant Workers (ACMW) and the ASEAN Human Rights Body (AHRB) .......................................................99 23 March 2009 TF-AMW Letter to Secretary Marianito D. Roque (DOLA Philippines) and Chair of the ACMW ACMW Workshop on the Scope and Coverage and Rights of Migrant Workers, 26-27 March 2009, Manila ...98 27 March 2009 TF-AMW Letter to Secretary Marianito D. Roque (DOLA Philippines) and Chair of the ACMW TF-AMW Letter: Input to the ACMW Drafting Team Meeting, 1 April 2009, Bangkok ...................102 12 May 2009 TFAMW Letter to Chairman, ASEAN Senior Labour Offi cials Meeting (SLOM) TF-AMW delivers proposal on ASEAN civil society Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers .......................................................104 21 September 2009: (send on 21 Sep 2009) TF-AMW to Thai MOL Chair of the ACMW Recommendation to the ACMW meeting in Chiang Rai, Thailand, 28-29 September 2009 .................106 Annex II ...........................................................................................108 Civil Society Position Paper on an ASEAN instrument on the Promotion and Protection
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