Civil Society’s Statement for the 4th ASEAN
Forum on Migrant Labour
24 October 2011, Bali Indonesia
We, 33 civil society organizations from Cambodia, Indonesia, Philippines, Malaysia, Singapore, Thailand, and Vietnam, have participated in the Civil Society’s Strategic Meeting to the 4th ASEAN Forum on Migrant Labor (AFML), organized by the Indonesia Working Group on ASEAN Migrant Workers (IWGAMW) and Task Force on ASEAN Migrant Workers (TF-AMW) from 22-23 October 2011 in Kuta-Bali, Indonesia to come up with inputs for the 4th AFML being held in Bali from 24 to 25 October 2011.
This ASEAN forum will be looking at the implementation of the ASEAN Declaration on the Protection and Promotion of Rights of Migrant Workers, drafting of the ASEAN instrument. This meeting will, amongst others, focus on two areas: a) promoting more harmonious relations between host populations and migrant workers; and b) the return and reintegration of migrant workers, and the development of sustainable alternatives to migration in countries of origin.
Civil society\'s priority
recommendations to a) Promote Understanding, Harmony
of Migrant Workers are as follows:
a. Direct hiring is the defined as the direct
employment relationship between employers
(owners/operators/end-users/principal employers) and workers to the exclusion of third
parties including labour suppliers;
Civil society recommendations on b) Strategies for More Effective Return and Reintegration, and Sustainable Alternatives to Migration
1. For all migrant workers to be given all forms of remuneration and entitlements (i.e. benefits, compensation) prior to their return, with documentation (written proof) from the host country government (i.e. immigration or labor department);
2. To avoid arrest, detention and deportation for immigration irregularities where possible. But in cases where deportation of migrant workers is carried out, for ASEAN Intergovernmental Commission on Human Rights (AICHR), ASEAN Commission on Women and Children (ACWC), ASEAN Committee on Migrant Workers (ACWC), and governments to monitor the process to ensure the dignity and safety of migrant workers during these processes; and to ensure that there is NO mass deportation;
a. To abolish repatriation companies;
3. To ensure protection of migrant workers\' rights in the national development program of governments from both countries of origin and destination countries
a. For all members of ASEAN to promote livelihood options, both at home countries and abroad, to all migrant workers, especially for women migrant workers. To ensure that women have access to all forms of education (i.e. health and reproductive), resources and choices in employment;
b. To ensure state budgetary allocation by origin country governments for MW protection and services;
4. To support the development of mechanisms which provide access to justice for migrant workers across and beyond borders. These would include, among others, specialized services, interpretation services, legal assistance, shelter services, and the rights of migrant workers to work during legal process;
5. For all ASEAN member states to ensure the inclusion of undocumented migrants and families of all migrants in the ASEAN;
6. For sending country governments to abolish separate terminals for migrant workers in all ports;
7. To ensure that migrants who have been trafficked are entitled to protection and empowerment services and that there should be no deportation or detention of victims of trafficking, witnesses, and other migrants affected by raids;
8. To provide legal aid and integrated services (i.e. shelter, socio-psychological services, etc.) to all migrant workers, regardless of status (both undocumented and documented) in both countries of origin and destination;
9. For all stateless migrants to be given legal aid and all integrated services by both origin and destination country governments, and for them to have the right to choose their country of residence;
10. To stop all forms of extortion, corruption and discrimination against all migrant workers in all processes, including reintegration;
11. To uphold migrants’ right to just wages;
12. To prohibit employers and agencies in destination countries to unlawfully deduct wages of migrant workers; and
13. To develop social security systems which include migrants (including long-term occupational diseases).
We call on ASEAN to incorporate these recommendations into the ASEAN instrument on the Protection and Promotion of Rights of Migrant Workers, and all other relevant instruments.
For and on behalf of the 33 civil society organizations.