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Foreign ministers of ASEAN (Association of South East Asian Nations) meeting in Manila on July 30-31, 2007, took significant steps to protect the rights of migrant workers.
They agreed to the establishment of an ASEAN committee that will implement a declaration -- signed by ASEAN leaders last January -- that sought to protect and promote the rights of migrant workers.
They also approved guidelines for emergency assistance to ASEAN nationals in crisis situations in third countries.
The 10-member bloc comprises Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.
The January declaration listed certain obligations of labour-receiving states and labour-sending states for promoting the dignity of migrant workers although subject to the laws of respective member countries.
It held that labour-receiving and labour-sending states must resolve the cases of migrant workers who, through no fault of their own, have subsequently become undocumented, but stressed that this should not be interpreted as implying the regularisation of undocumented migrant workers.
Labour-sending states must set up policies that would eliminate malpractices by ensuring legal and valid contracts, and regulating and accrediting recruitment agencies. They must also provide suitable alternatives to the migration of workers.
Labour-receiving countries must promote job protection, payment of wages and access to decent working and living conditions for migrant workers. They are to provide victims of discrimination and abuse access to their legal system.
According to an Amnesty International (AI) report, migrant workers in Thailand, especially those from Myanmar and from the Hmong ethnic group in Laos, have suffered human rights violations, including forcible return to their countries, inhuman treatment in immigration detention centres and unsafe working and living conditions.
In Malaysia, AI said, some migrant workers charged under the immigration act are denied fair trial and are sentenced to imprisonment and whipping.
The second agreement signed by the foreign ministers formalises an ongoing practice among ASEAN states to assist the bloc's nationals in third countries during emergency situations.
NGOs working with migrant groups, while welcoming the signing of the two agreements, want more definite declarations and action from ASEAN countries. Some, like the Philippines-based Centre for Migrant Advocacy, are pushing for the adoption of an ASEAN Charter that would facilitate the creation of a regional human rights mechanism within which there would be a “clear mechanism” that would address the protection of the rights of migrant workers.
August 3, 2007
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