Issues Paper: Key Findings Session 3-Theme 2 7 th ASEAN Forum on Migrant Labour Nay Pyi Taw, Myanmar November 21, 2014

Transcription

1 Coordination and role of key stakeholders to set up and implement policies and procedures to facilitate aspects of migration of workers, including recruitment, preparation, protection abroad, and return and reintegration Issues Paper: Key Findings Session 3-Theme 2 7 th ASEAN Forum on Migrant Labour Nay Pyi Taw, Myanmar November 21, 2014

2 Outline 1. The ILO Multilateral Framework on Labour Migration: Seven Key Guidelines on Cooperation 2. Cooperation in the ASEAN Region: A Typology 3. Cooperation In Practice: Experiences and Lessons in the ASEAN Region 4. Conclusion

3 1. The ILO Multilateral Framework on Labour Migration Seven Key Guidelines on Cooperation

4 ILO Multilateral Framework on LabourMigration identified guidelines on promoting international cooperation on labour migration: 1. developing the exchange of information between and among governments on labour migration issues; 2. developing intergovernmental dialogue and cooperation on labourmigration policy, in consultation with the social partners and civil soci-etyand migrant worker organizations; 3. promoting, where appropriate, bilateral and multilateral agreements between destination and origin countries addressing different aspects of labour migration, such as admission procedures, flows, family reunification possibilities, integration policy and return, including in particular genderspecific trends; 4. promoting development assistance to projects and programmesgenerating or increasing opportunities for decent work for women and men in developing countries; 5. establishing mechanisms for tripartite consultations at regional, international and multilateral levels; 6. promoting bilateral and multilateral agreements between workers organizations in origin and destination countries providing for the exchange of information and transfer of membership;

5 2. Cooperation in the ASEAN Region: A Typology

6 Three types of cooperation Collabora on Consulta on Discussion Level of coordina on, ins tu onaliza on and responsibili es and accountability of partners.

7 3. Cooperation In Practice: Experiences and Lessons in the ASEAN Region

8 1. Consultation Governments in the region have conducted national consultations with stakeholders in refining programs and initiatives related to labour migration. Most national consultations, however, occur when governments are formulating their labour migration policies

9 Case Study 1: Promise of tripartite stakeholder consultations: Insights from Cambodia In August 2011, the Royal Government of Cambodia passed Sub Decree 190 to better govern labour migration management and protection of migrant workers. The ILO offered assistance to the Ministry of Labour and Vocational Training(MOLVT) and received an official request for technical assistance in the drafting of the prakas(ministerial circulars) to supplement the Sub Decree.

10 Case Study 1: Promise of tripartite stakeholder consultations: Insights from Cambodia The MOLVT took a number of key steps that led to a successful tripartite stakeholder consultation Step 1: Creation of a roadmap Step 2: Negotiation on the scope of work Step 3: Creation of Tripartite Working Group (TWG) Step 4: Drafting and vetting of various iterations of the prakasby the TWG Step 5: Presentation of the revised draft beyond the TWG: Step 6: Request for technical comments from various ILO offices: Step 7: Final drafting of the prakasby the MOLVT: Source: International Labour Organization

11 2. Collaboration ASEAN member states have collaborated in five key ways: 1. by utilizing existing structures within the government through decentralization of activities, suchas linking with local employment services and consulates;

12 ASEAN Member Countries with Labour Attaches Appointed to Certain Destinations Source: International Labour Organization (2012), Updated 2014

13 2. Collaboration ASEAN member states have collaborated in five ways: 1. by utilizing existing structures within the government through decentralization of activities, suchas linking with local employment services and consulates; 2. by creating new government bodies or entities designed to centralize operations such as special working groups, committees and one-stop shops

14 Case Study 2: The Philippines Sub-Committee on International Migration and Development (SCIMD) Philippines has recently created an unprecedented interagency sub-committee dedicated solely to more effectively streamline integration of migration issues into the development plan. The first of its kind in the region, led by the National Economic Development Authority (NEDA), the Philippines key development planning agency Created after years of informal discussions mostly held in meetings and conferences followed by more formal consultations involving interested agencies, including preparation of a concept paper by an independent thinktank on migration Source: Commission on Filipinos Overseas and, National Economic Development Authority

15 2. Collaboration (cont.) ASEAN member states have collaborated in four ways: 3. by forging public-private initiatives involving governments, civil society groups and the private sector through creating community focal points and delegating the delivery of critical services to NGOs, trade unions and employers.

16 Case Study 3: Making Migrant Workers Resource Centres(MRCs) work: Seven key elements Making MRC s function effectively requires attention to the following seven key elements: Instituting a clear process of identifying partners and monitoring requirements at the outset Connecting with existing structures such as job centres Working closely with NGOs in delivering some services Having a detailed operations manual and operations plan to guide actions of the various partners on the ground. Conducting a baseline survey Ensuring transparency and accountability Working towards sustainability Source: International Labour Organization, Migrant Workers Resource Centres(MRCs), Good Practice Last Update, 10/31/2013

17 2. Collaboration (cont.) ASEAN member states have collaborated in five key ways: 3. by forging public-private initiatives involving governments, civil society groups and the private sector through creating community focal points and delegating the delivery of critical services to NGOs, trade unions and employers. 4. Promoting bilateral and multilateral agreements

18 Case Study Four: The devil is in the details Challenges in implementing Mutual Recognition Agreements (MRAs) in the ASEAN region The technical hurdles are significant. Simply signing an agreement between governments is not enough, since concrete measures may require detailed occupation-by-occupation analysis and negotiation of a highly technical nature that requires considerable persistence and political will. governments seeking to simplify and reduce barriers to professional practice face a highly complex system with a wide range of stakeholders responsible for different aspects of the recognition process. Source:Guntur Sugiyartoand Dovelyn RannveigAgunias, A Freer Flow of Skilled Labourwithin ASEAN: Aspirations, Opportunities and Challenges in 2015 and Beyond, Issue in Brief No.11, Forthcoming, December 2014

19 Case Study 5: Enforcing self-regulation among recruitment agents: Experience in Viet Nam In 2010, the Viet Nam Association of Manpower Supply (VAMAS) created a Code of Conduct (COC- VN). VAMAS sought to strengthen cooperation with relevant bodies in a number ways including by: Seeking support of the Vice-Minister of MOLISA Concluding cooperation agreements with various offices Focusing on training Generating feedback from local actors

20 Conclusion In thinking about creating, strengthening and maintaining cooperation, governments are better off if guided by modesty and pragmatism, international standards and good practice. Governments alone cannot drive cooperation, which is, by definition, a partnership between or among various actors at countries of origin or destination. In weighing their options, governments would do well if partnerships are based on complementarity of skills, capacities and intentions, a solid understanding of respective responsibilities, agreed indicators of success, and transparency. Effective cooperation also requires a concerted effort toward capacity building, a renewed focus on the process and social dialogue and a strong emphasis on monitoring, evaluation and frequent adjustments.