Promoting Migrant Workers Rights in Asia & Pacific Pong-Sul Ahn Sr. Specialist on Workers’ Activities ILO SRO-New Delhi [email protected] ILO/TURIN, Feb.

Promoting Migrant Workers Promoting Migrant Workers Rights in Asia & PacificRights in Asia & Pacific

Pong-Sul AhnSr. Specialist on Workers’ Activities

ILO SRO-New [email protected]

ILO/TURIN, Feb. 07

ILO Policies on Migration 2

Trends and Characteristics of Trends and Characteristics of Out-migrationOut-migration


Estimated Annual Out-Migration from South Asian Countries

Data available AverageEmigration per annum (in 000’s)

undocumented flows (in

000’s)

Main destination countries/regions

India 1997-02 316 + 200 Gulf States, US, East Asia

Bangladesh 1999-02 224 + 53 Gulf States, SE Asia, India

Pakistan 1999-03 135 + 25 Gulf States, US, West Europe

Sri Lanka 1999-03 192 + 16 Gulf States, Singapore

Nepal India, Hong Kong, Korea

Sources : An ILO Plan of Action on Labour Migration in Asia Pacific, ILO BKK, 2005


0 500 1000 1500 2000 2500 3000

Malaysia

Thailand

Singapore

Hongkong

Taiwan

Japan

Rep.Korea

Australia

S.Arabia

UAE

Kuwait

Nos. of Migrant Workers in the Receiving Countries in Asia


Migrants’ remittances to Asian economiesas % of GDP (by year) as % of GNP average

Bangladesh 3.16 (1996) 6.0

India 2.7 (1997) 3.07

Pakistan 2.19 (1997) 7.0

Sri Lanka 6.06 (1995) 6.46 (2001-02)

Philippines 6.4 (1996) 8.6 (2003)

Indonesia 0.33 (1995) 4.7 (2002)

Thailand 0.2 (1995) 1.8 (2002)

Sources: Four South Asian countries see Amjad, R. Remittances and Development in South Asia: Post 9/11 Developments”, 2004; for others see IMF Balance of Payments Statistical Yearbook 2004 Washington, D.C.


2.6 million Asian workers who left their home to work abroad between 1995 and 2000

Asian migrant workers represent any where from 40 to 60 percent of the labour force in the Gulf countries

Majority of out-migration from South Asia are the unskilled or semi-skilled

- Skills development for a high quality of migration is necessary

- A notable rise in the no. of Bangladeshi plantation workers in Malaysia, Sri Lankan domestic helpers in Singapore and Nepali construction workers in Republic of Korea


The region’s human resources are being allocated from less to more productive employment, contributing to

- modernisation- Public health and education- Infrastructure development Enhancing the integration of South Asia in the

global production system Labour migration has a large contribution to

income growth than trade liberalisation Commercialisation of migration processes The social costs of out-migration is high


ILO Multilateral FrameworkILO Multilateral Framework


Migrants legally employed

in Decent Work

Market failure (State policies)

Market failure(information)

Denial of basic rights

Discriminatorytreatment

Forced labour

Poverty & unemployment

Poor working conditions

Irregular status

Role for the ILO?


A Multilateral Framework on MigrationA Multilateral Framework on Migration

The mobility of labour is an int’l phenomenon, so there is a need to regulate it efficiently with an int’l framework

Managing migration is inherently a multilateral issue in the global economy.

Fair rules for trade and capital flows need to be complemented by fair rules for the cross-border movement of people. (World Commission on Social Dimension of Globalization)


Approved by ILO GB in 2006Non-binding principles & guidelines for a

rights-based approach to labour migration

To promote decent work through management of migration, promotion of documented migration, and protection of migrant rights.


Guidelines and principles cover– best practices and international standards – a support for governments and social partners to

improve their migration policies – migration management and protection of migrant

workers and their families– capacity building, awareness raising and technical

assistance– assist in strengthening social dialogue


ILO’s means of action

and areas of competence

Regulatingrecruitment

Trade union/employers

action

Child labour

Gender

Social security

ProtectionHealth & safety

Skills training occup standards

Social dialogue

working conditions

Forced labour

ILO Multilateral Framework

Employment promotion


Policies legally employing Migrants

in Decent Work

Regularadmission

Equal treatment

Regularization of illegal

Health & safety

Recognition of qualifications

Remittance facility

Social Security

No Forced labour

Policy Implications



in Decent WorkLegal admission programs

Bilateral agreement

Regularization of illegal

antismuggling trafficking

Regional Cooperation

Migration Management



in Decent Work

Guest workers

Professionalskilled

Permanent settlers

Project-tied

Seasonal

Domestics

Students


Aiming atAiming at

wider application of international labour standards

capacity building, awareness raising and technical assistance

assist in strengthening social dialogue.


to support governments and social partners to improve their migration policies

including migration management and protection of migrant workers and their families

strengthening social dialogue Networking among social partners between

labour sending and receiving countries


Instruments of ILO and UNInstruments of ILO and UN


ILO Conventions on Migration

Migration for Employment Convention (Revised), 1949 (No. 97) – Migration for Employment Recommendation (Revised), 1949 (No.

86)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)

– Migrant Workers Recommendation, 1975 (No. 151) – Migrant Workers (Supplementary Provisions)

1990 UN Convention on Protection of Migrant Workers and members of their families


No. 97 Migration for Employment No. 97 Migration for Employment Convention (Revised), 1949Convention (Revised), 1949

To facilitate the movement of surplus labour To protect workers from discrimination and

exploitation while employed in receiving countries

Deals with regular migrant workers, i.e. - not issue / renewal of residence or work

permits


No. 97 Migration for Employment No. 97 Migration for Employment Convention (Revised), 1949Convention (Revised), 1949

To facilitate the movement of surplus labour To protect workers from discrimination and

exploitation while employed in receiving countries

Deals with regular migrant workers, i.e.

- not issue / renewal of residence or work permits


General protection provisions, e.g.– the maintenance of appropriate medical services

Equality of treatment between migrant workers and nationals as regards laws and administrative practices on

– Employment and employment taxes– living and working conditions – social security – access to justice


ILO Con No. 143 (1975) on Migrant WorkersILO Con No. 143 (1975) on Migrant Workers

Protects migrant workers in abusive situation (irregular workers included)

Affirms the basic human rights of all migrant workers, including the right of equal treatment and equal opportunities for migrant workers

Extends protection to undocumented or irregular workers


Country Name Q41 C97 Q41 C143

Albania Yes Yes

Armenia Yes Yes

Ethiopia Yes Yes

Ireland Yes Yes

Korea, Republic of Yes Yes

Morocco Yes Yes

Tajikistan Yes Yes

Zimbabwe Yes Yes

Sweden Yes R

Uganda Yes R

Poland Yes No

Rwanda Yes -

Malaysia (*Sabah only)

R* -

Cyprus R R

Kenya R R

Norway R R

Portugal R R

Algeria R No

Belgium R No

France R No

Germany R No

Madagascar R No

Mauritius R No

Netherlands R No

United Kingdom R No

Brazil R -

Ecuador R -

Guatemala R -

Malawi R -

New Zealand R -

Spain R -

Uruguay R -

Indonesia No Yes

Togo No R

Argentina No No

Australia No No

Austria No No

Bahrain No No

Belarus No No

Bulgaria No No

Burundi No No

Croatia No No

Czech Republic

No No

Denmark No No

Eritrea No No

Estonia No No

Finland No No

Greece No No

Hungary No No

Iceland No No

Japan No No

Kuwait No No

Lebanon No No

Malta No No

Mexico No No

Myanmar No No

Senegal No No

Slovakia No No

South Africa No No

Sudan No No

Suriname No No

Switzerland No No

Syrian Arab Republic No No

Tunisia No No

United Arab Emirates

No No

United States No No

Bolivia - -

Canada - -

Chile - -

China - -

Colombia - -

Costa Rica - -

Egypt - -

El Salvador - -

Fiji - -

Honduras - -

Kazakhstan

- -

Nicaragua - -

Oman - -

Pakistan - -

Panama - -

Peru - -

Philippines - -

Qatar - -

Romania - -

Seychelles - -

Singapore - -

Sri Lanka - -

Thailand - -

Ukraine - -

R = Have already RatifiedYes = intend to ratify

No = do not intend to ratify


UN Convention Migrants RightsUN Convention Migrants Rights

Protection of the Rights of All Migrant Workers and Members of Their Families

Partly based on the ILO Conventions. (if ratified) the Convention

– protects migrant workers from exploitation and abuse– guarantees their rights to trade union representation

– safeguards freedom of expression and political participation


ILO Fundemental ConventionsILO Fundemental Conventions Freedom of Association and the Protection

of the Right to Organize Convention, 1948 (No. 87) Right to Organize and Collective Bargaining Convention, 1949 (No.

98) Forced Labour Convention, 1930 (No. 29) Abolition of Forced Labour Convention, 1957 (No. 105) Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182) Equal Remuneration Convention, 1951 (No.100) Discrimination (Employment and Occupation) Convention, 1958

(No.111)


ILO Conventions related to migration ILO Conventions related to migration

Safety and Health in Agriculture Convention, 2001 (No. 184). Occupational Health Services Convention, 1985 (No. 161) Occupational Safety and Health Convention, 1981 (No. 155) Private Employment Agencies Convention, 1997 (No. 181) Protection of Wages Convention, 1949 (No. 95) Working Conditions (Hotels and Restaurants) Convention, 1991, (No.

172) Labour Inspection Convention, 1947 (No. 81), Plantations Convention, 1958 (No. 110) Equality of Treatment (Social Security) Convention, 1962 (No. 118) Maintenance of Social Security Rights Convention, 1982 (No. 157) Employment Policy Convention, 1964 (No. 122). Minimum Wage Fixing Convention, 1970 (No. 131) Safety and Health in Construction Convention, 1988 (No. 167)


Other Initiatives for Protecting Other Initiatives for Protecting Migrants WorkersMigrants Workers


International Migrants DayInternational Migrants Day 18th December, declared by UN in 2000

A day of Solidarity with the Migrants - to acknowledge the contributions of migrants to world economy and promote respect for their basic human rights.


Regional Trade Unions, Migrant Worker Organizations, Human Rights & Development NGOs

Migrant Forum in Asia (MFA) www.mfasia.org* Solidarity for Asian Peoples Advocacy (SAPA)

Regional Migrant Workers Network, Secretariat in Manila: campaigns, regional advocacy, training, capacity building

Asian Migrant Centre (MFA) -Secretariat Mekong Migrant Network www.asian-migrants.org

Regional migrant research network, centred in Hong Kong: produces Asian Migrant Yearbook

Asian Forum on Human Rights and Development (Forum Asia, FA) www.forum-asia.org

Regional human rights and development network, Secretariat in Bangkok

Asia-Pacific Workers Solidarity Link (APWSL)

Regional independent union network, with coordinator based in Bangkok; supporting worker and union solidarity campaigns

Asia Pacific Women, Labour and Development (APWLD) www.apwld.org

Regional Network secretariat in Chiang Mai: Research on gender issues, advocacy, capacity building

Coordination of Action Research on AIDS and Mobility in Asia (CARAM Asia) www.caramasia.org

Regional network secretariat in Kuala Lumpur: Research, advocacy, community based interventions

Jesuit Concern for East Asia Office

Coordinates program on refugees and migrant workers; research, advocacy, humanitarian and emergency services,


Trade Unions: National and LocalUNI-APRO Philippines,

Malaysia, Indonesia, www.union-network.org

Organize unions including migrant workers; helpdesk in Malaysia for migrant workers; negotiate CBA

KSBI Indonesia Affiliate of World Confederation of Labour (WCL): organize unions; CBA

FSBI Indonesia. organizing migrant workers

SBMI Indonesia First national trade union of migrant workers

MARINO-Alliance of Progressive Labour (APL), Philippines

Seafarers trade union – organizing seamen and marine workers


FKTU & KCTU in KoreaGEFONT In NepalMTUC in MalaysiaNational Workers Federation in

Sri Lanka

Model Cases of Union ActionModel Cases of Union Action


Role of Trade UnionsRole of Trade Unions Awareness-raising and advocacy Sharing information Collecting best practices on legal protection and social

protection Launching ratification campaigns for ILO conventions Organising the migrant workers Providing helpline and legal services Networking between trade unions in both sending and

receiving countries Providing pre- and post-departure training


THANK YOUTHANK YOU

Promoting Migrant Workers Rights in Asia & Pacific Pong-Sul Ahn Sr. Specialist on Workers’ Activities ILO SRO-New Delhi [email protected] ILO/TURIN, Feb.

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