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ASEAN Framework

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Recommendation to the ACMW meeting in Chaing Rai, Thailand, 28-29 September 2009
(Draft ASEAN Framework)
Mon, Sep 21, 2009

Task Force on ASEAN Migrant Workers


Recommendation to the ACMW meeting in Chaing Rai, Thailand,
28-29 September 2009


Task Force on ASEAN Migrant Workers (TF-AMW) make the following recommendations at the 2nd ASEAN Forum on Migrant Labour (July 30-31), Bangkok,
for further deliberation by the ACMW during the Chiang Rai Meeeting, 29-31 September 2009.

 

1.       The TFAMW civil society proposals on the the ASEAN Framework Instrument on the protection and promotion of the Rights of Migrant Workers.

 

The civil society national consultation processes, involving national working groups and continuing interactive feedback from national stakeholders.  The processes provided a national platform on issues relating to migrant workers and led to 192 recommendations be considered by the ACMW drafters of the regional instrument.  The  recommendations reiterates the value of the human rights approach and respect for ILO core labor standards in the treatment of documented and undocumented migrant workers.

 

Urged the ACMW to consider and acknowledge the CSO proposal for a comprehensive legally binding instrument.

 

2.       Harmonization of national labour laws and policies to correspond to ILO core Labour standards and UN human rights standards and the need to give attention to specific groups of workers, including domestic workers, to be recognized under national laws.

 

3.       Strengthen social protection mechanisms to be reinforced in work undertaken under the three ASEAN pillars and calls for systematic processes and consultations with Civil Society organizations, including the migrant workers representatives and their organizations.  

 

4.       ACMW to consider civil society as partners in the drafting process, to recognize the value of CSO in supporting, monitoring and  evaluating the implementation of the framework instrument. Transparent and inclusive processes will further increase the understanding on the value of ASEAN cooperation. 

  1. ACMW to consider the critical need to protect many migrant workers in vulnerable employment. More needs to be done to recognize their rights to fully protect, to regularize the status of many migrant workers, and to lower the costs of legal migration.  Public awareness is essential to create an environment to protect and promote the rights of migrant workers.

 

Recommendation on Scope and Coverage of the regional instrument

 

1.       All migrant workers and their families, regardless of status and regardless of place of origin, including migrant workers in transit, should be covered by the proposed regional instrument

 

2.       All ASEAN countries should protect their nationals working in countries outside the region

 

3.       Seafarers already covered by the Maritime Labour standards do not need to be covered by the proposed regional instrument but fisher folks that are not covered by the Maritime Labour standards should be covered by the regional instrument

 

 

4.       The proposed regional instrument should meet the fundamental human rights and labour standards in relevant UN and ILO conventions.


 

Processes to develop a regional instrument

 

  1. January-March 2010   ACMW Drafting Team to distribute the copy of the first draft to civil society. National consultation on the first draft with the TF-AMW and Civil Society groups.

  2. April – May 2010 The Drafting Team to take into consideration the inputs of the national consultations for the second draft. Regional consultation on the second draft with the TF-AMW and Civil Society groups.

  3. May  2010 Drafting team to report the second draft and its process anticipating to the SLOM/ALMM

 

  1. 3rd ASEAN Forum on Migrant Labour to focus on the Draft Framework Instrument on the protection and promotion of the rights of migrant workers.

 

  1. September 2010 Drafting team to submit the final draft to ACMW 

 

  1. October 2010 The adoption of the framework instrument ASCC meeting + 16th ASEAN Summit (Vietnam)

 

 

ASEAN Migrant Labour Forum


  1. TF-AMW appreciates the role of the ASEAN Migrant Labour Forum for several contributions: 

(a)      Institutionalization of “broad consultation processes” now reflected in the ASEAN Blueprint on the Social-Cultural Community;

(b)      Engage a greater number of civil society organizations both national and regional in the processes.

(c)      Recommend to have a designated regular date and timing for the Forum.

      2.   TF-AMW as civil society partner will support and facilitate the participation of civil
            groups especially from national level to engage the ACMW at the ASEAN Migrant
             Labour Forum.

 

 

 

Yours Sincerely,

 

 

Sinapan Samydorai

Convenor – Task Force on ASEAN Migrant Workers



 

 


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