{"id":4883,"date":"2023-12-06T05:58:09","date_gmt":"2023-12-06T05:58:09","guid":{"rendered":"https:\/\/mfasia.org\/?p=4883"},"modified":"2023-12-06T05:58:09","modified_gmt":"2023-12-06T05:58:09","slug":"2023afmlstatement","status":"publish","type":"post","link":"https:\/\/mfasia.org\/migrantforumasia\/2023afmlstatement\/","title":{"rendered":"Enhancing the Effectiveness of Legal Pathways for Labour Migration in ASEAN"},"content":{"rendered":"<p>Migrant workers play a crucial role in supporting economies, and contributing to development,<br \/>\nboth in their home countries through remittances and in host countries through filling gaps in<br \/>\nlabour markers. However, if the migration process is not governed well, it could pose various<br \/>\nchallenges that can lead to exploitation, abuse, and vulnerability to human trafficking.<\/p>\n<p>In response to the complexities of global mobility, the Global Compact for Safe, Orderly and<br \/>\nRegular Migration outlines several key objectives in promoting regular pathways. These<br \/>\nobjectives include adapting options for regular migration to facilitate labor mobility and decent<br \/>\nwork, minimizing factors that drive people to leave their home countries, providing accurate<br \/>\ninformation at all stages of migration with a focus on gender-specific considerations,<br \/>\naddressing and reducing vulnerabilities in the migration process, and strengthening<br \/>\ninternational cooperation for safe and organized migration, with a particular emphasis on<br \/>\nprotecting the rights and well-being of migrant women and children.<\/p>\n<p>The concept of regular pathways for migrant workers centers on establishing structured and<br \/>\nlawful avenues for individuals to seek employment opportunities in foreign countries or to<br \/>\nenable undocumented migrant workers to be legalized in the country of destination. This<br \/>\napproach ensures that migrants&#8217; rights, safety, and dignity are upheld throughout their<br \/>\njourney. The aim is to replace irregular and perilous migration routes with well-organized and<br \/>\nregulated channels, including effective and accessible legalization programs benefiting both<br \/>\nsending and receiving nations.<\/p>\n<p>Governments hold the responsibility to regulate labour migration flows intake. Overly<br \/>\nrestrictive policies can drive migrant workers toward risky, unauthorized routes in search of<br \/>\na better life. Regular pathways not only ensure safe migration but also promote societal<br \/>\ninclusion and protection, fostering a more secure and equitable world for all.<\/p>\n<p>The recommendations put forward in this document came out of MFA-organized parallel event<br \/>\nduring the ASEAN People\u2019s Forum attended by civil society organizations from the ASEAN<br \/>\nregion.<\/p>\n<p><strong>Sub theme 1: Improving labour migration programmes in ASEAN<\/strong><\/p>\n<p>1. In order to promote the utilization of regular migration channels, it is vital to<br \/>\nstreamline the migration process, making it accessible, efficient and seamless.<\/p>\n<p>2. ASEAN Member States must establish policies, qualification requirements and strict<br \/>\nstandards for the licensing and operation of private, for-profit recruitment agencies,<br \/>\nwith a view to encouraging ethical practices and eliminating costs to jobseekers as<br \/>\nstipulated in the ILO Guidelines on Fair and Ethical Recruitment. Member States<br \/>\nshould also ensure that licensing standards are enforced.<\/p>\n<p>3. By adhering to the standards set forth by the International Labour Organization (ILO),<br \/>\nwhich encompass decent working conditions, appropriate accommodation, fair wages,<br \/>\nand social protection, and by providing migrant workers with the flexibility to switch<br \/>\nemployers, jobs, and sectors without the fear of retaliation or unpaid debts, we can<br \/>\nsignificantly reduce instances of labor violations, worker abscondment, and<br \/>\nundocumented migrant workers. It is imperative to establish regulations that grant<br \/>\nmigrant workers and employers in destination countries the freedom to change<br \/>\nemployers and terminate contracts in cases of contract breaches. Employees should<br \/>\nhave the ability to seek alternative employment and switch employers without<br \/>\nrequiring permission from the previous employer and without transitioning into an<br \/>\nirregular immigration status.<\/p>\n<p>4. ASEAN Member States should ensure that all migrant workers in all sectors enjoy full<br \/>\nrespect for their labour rights according to ILO\u2019s four pillars of the Decent Work<br \/>\nAgenda \u2013 employment creation, social protection, rights at work, and social dialogue.<\/p>\n<p>5. Migrant workers right to self-organization and\/or to join workers&#8217; associations in<br \/>\ndestination countries must be recognized. This recognition is pivotal in safeguarding<br \/>\nworkers&#8217; rights, promoting fair labor practices, enabling collective bargaining, and<br \/>\nempowering workers to actively participate in shaping their employment conditions.<br \/>\nGovernments and labor authorities should proactively support and protect these<br \/>\nfundamental rights to ensure the well-being and dignity of all migrant workers.<\/p>\n<p>6. Countries must crack down on traffickers including enforcement officials colluding<br \/>\nwith traffickers by bolstering law enforcement efforts and by providing more support<br \/>\nto survivors of trafficking, including the choice to return or seek employment. This<br \/>\ninvolves diligent monitoring of all actors involved in recruitment and employment of<br \/>\nmigrant workers and imposing sanctions on those who are proven guilty of exploiting<br \/>\nmigrant workers.<\/p>\n<p>7. ASEAN Member States should incorporate digitalization as a key technology for the<br \/>\ngathering of data in the migration process. Collection and analysis of migration data,<br \/>\nincluding specific cases are crucial to informing evidence-based migration policies,<br \/>\nthough the safety and confidentiality of data must be maintained. Member States<br \/>\nshould establish digital platforms and ensure their easy accessibility to migrants so<br \/>\nthat the latter can seek information on safe migration practices and report<br \/>\nexploitations.<\/p>\n<p>8. In addition, given the prevalence of cyber scams in the ASEAN region, particularly in<br \/>\nthe context of human trafficking affecting both men and women, it is imperative to<br \/>\nimplement robust monitoring and vigilance measures in the recruitment process. This<br \/>\nunderscores the necessity for a coordinated effort among ASEAN countries to combat<br \/>\nthese challenges, encompassing activities such as information dissemination,<br \/>\nprosecution, and protection.<\/p>\n<p><strong>Sub theme 2: Ensuring legal migration pathways that are inclusive and responsive<\/strong><br \/>\n<strong>to the labour market<\/strong><\/p>\n<p>1. To realize ASEAN\u2019s aspiration of a Caring and Sharing Society, countries of origin and<br \/>\ndestination should eliminate migration barriers such as gender, age, family<br \/>\nrestrictions and unjustifiable occupation restrictions, allowing individuals, including<br \/>\ndifferently abled\/special needs migrants whose impairment is unrelated to their ability<br \/>\nto perform the job overseas.<\/p>\n<p>2. The issue of migrants in undocumented status has to be addressed through<br \/>\nregularization of their status, and the process of regularization should be inclusive,<br \/>\nlow-cost, and streamlined. The process should neither require reliance on agents or<br \/>\nmiddleman nor mandate their return to their home countries.<\/p>\n<p>3. Destination countries to establish effective firewalls around line agencies responsible<br \/>\nfor fundamental human rights such as access to healthcare, education, and justice,<br \/>\nso that all migrants, irrespective of immigration status are not deprived of these<br \/>\nfundamental rights.<\/p>\n<p>4. Origin countries should take decisive actions to promote the availability of decent and<br \/>\nwell-paying jobs within the country. By doing so, the root causes of migration, as<br \/>\ndetailed in GCM Objective 2, can be effectively mitigated.<\/p>\n<p>5. ASEAN Member States should enhance the management of data related to labour<br \/>\ndemand, encompassing collection, processing, and analysis aspects. This<br \/>\nimprovement will align policies for admitting migrant workers with the actual labour<br \/>\nand skill demand in countries of destination.<\/p>\n<p>6. The ASEAN Intergovernmental Commission on Human Rights should call on countries<br \/>\nto facilitate humanitarian visas to migrant workers from countries experiencing crises<br \/>\nincluding civil unrest, it is recommended that countries expedite the application<br \/>\nprocess for protection and ensure the provision of essential support to these<br \/>\nindividuals.<\/p>\n<p>7. Institutions in origin countries should be empowered to provide migrants with predeparture orientation, awareness campaigns, and language and skill development<br \/>\nprograms. These initiatives not only deter irregular migration by educating migrants<br \/>\nabout the perils of unsafe routes but also optimize outcomes for both migrants, their<br \/>\nfamilies and their employers. Support can be further extended through<br \/>\ninstitutionalizing post arrival orientation programs through migrant resource centers,<br \/>\nconsular offices and labor attach\u00e9s at destination countries.<\/p>\n<p>8. There should be strict regulations to ensure fair labor practices and prevent slavery<br \/>\nin the fishing industry. These regulations should encompass recruitment procedures,<br \/>\nworking conditions, and wage standards. Such measures are essential in addressing<br \/>\nthe pervasive labor exploitation issues within the fishing sector and protect the rights<br \/>\nof both fishers and industry workers. This issue should be viewed in the context of<br \/>\nthe ASEAN Declaration on the Protection and Promotion of the Rights of Migrant<br \/>\nWorkers adopted 2007.<\/p>\n<p>9. Migration processes need to be regularly reviewed and updates to address evolving<br \/>\nmigration trends on the countries of destination, such as seasonal worker programs<br \/>\nand visit visas.<\/p>\n<p>10. Member States should legitimize, promote, and institutionalize the active involvement<br \/>\nand consultation of all stakeholders, including civil society organizations and migrant<br \/>\ncommunity organizations in designing and reviewing migration governance policies.<\/p>\n<p>&nbsp;<\/p>\n<p><em>* * The above statement was prepared by Migrant Forum in Asia (MFA) for the ASEAN Forum on Migrant Labour (AFML)<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Migrant workers play a crucial role in supporting economies, and contributing to development, both in their home countries through remittances and in host countries through filling gaps in labour markers. However, if the migration process is not governed well, it could pose various challenges that can lead to exploitation, abuse, and vulnerability to human trafficking. 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