Reflection on the International Labour Organization Multilateral Framework on Labour Migration

Transcription

1 2017/SOM1/HRDWG/WKSP/010 Reflection on the International Labour Organization Multilateral Framework on Labour Migration Submitted by: International Labour Organization Workshop on the Development of an APEC Labour Mobility Framework Nha Trang, Viet Nam February 2017

2 Reflection on the ILO Multilateral Framework on Labour Migration Workshop on the Development of an APEC Labour Mobility Framework February 2017 Intercontinental Hotel, Nha Trang, Vietnam Nilim Baruah Senior Migration Specialist ILO Regional Office for Asia and the Pacific A global framework of non-binding principles, guidelines and good practices on a rights based approach to labour migration Anchored on ILO conventions and standards and promotes best practices Based on tripartite negotiations and consensus of countries of origin and destination Adopted in November 2005 at a tripartite meeting of experts Nine areas consisting of 15 principles and corresponding guidelines 1

3 Nine Areas or themes 1.Decent work access to freely chosen employment; recognition of fundamental rights at work; income to meet basic needs & responsibilities; adequate level of social protection. 2.Means for international cooperation in labour migration 3.Global knowledge base 4.Effective management of labour migration 5.Protection of migrant workers 6.Prevention and protection of abusive practices 7.Promotion of orderly and equitable process of labour migration 8.Promotion of social integration and inclusion 9.Contribution of labour migration to development 1. Protection of migrant workers: The human rights of all MWs, regardless of their status, should be promoted and protected All ILS apply to migrant workers, unless otherwise stated National laws and policies should be should be based and guided by international law and ILS National laws have been improved guided by ILS. e.g. C189; C188; C181; but often do not meet all the criteria. Labour laws generally do not discriminate between nationals and MWs, but migrant dominant occupations like domestic work not covered in labour law. Immigration laws affect fair treatment/decent work Public attitudes on rights of undocumented workers not supportive ASEAN Declaration (2007); SAARC Kathmandu Declaration (2014); Bali Declaration Asia-Pacific & Arab States (2016) 2

4 1. Protection of migrant workers: Guidelines on: Information, legal assistance and training Policy and legislative development Bilateral, regional or multilateral social security agreements Wage protection Labour inspection Written employment contracts Effective remedies and complaints mechanism Effective sanctions and penalties Non retention of identity documents of migrant workers 2. Effective Management of Labour Migration: All States have the sovereign right to develop their own policies. ILS, other international instruments, as well as guidelines, as appropriate, should play an important role in making these policies effective and fair. Expanding avenues for regular labour migration should be considered taking into account labour market needs and demographic trends - promoting labour mobility within regional integration schemes Social Dialogue is essential in labour migration policy development and should be promoted and implemented Governments and social partners should consult with civil society and migrant associations in labour migration policy 3

5 2. Effective Management of Labour Migration: The number of migrants in ASEAN has tripled since 1990, with nearly twothirds coming from another ASEAN Member State. Most labour mobility in the ASEAN takes place as result of bilateral agreements, national policies and irregular migration. The Mutual Recognition Arrangements (MRAs) are currently the main tool in place to implement ASEAN s goals on the free movement of skilled labour The MRAs alone do not give ASEAN Member States access to each other s labour market. That depends on immigration regulations. The MRA on tourism professionals is the only one that adopts a fully automatic recognition process where competency certificates issued in country of origin are automatically recognized at destination. It also has the broadest scope covering 32 occupations ranging from managers to bellboys and house-keeping. 3. Migration Process An orderly and equitable process of labour migration should be promoted in both origin and destination countries to guide men and women migrant workers through all stages of migration, in particular, planning and preparing for labour migration, transit, arrival and reception, return and reintegration Governments in both origin and destination countries should give due consideration to licensing and supervising recruitment and placement services for migrant workers in accordance with the Private Employment Agencies Convention, 1997 (No. 181), and its Recommendation (No. 188). 4

6 Guidelines for recruitment and placement are: Standardized system of licensing or certification established in consultation with employers and workers organizations; Respect of migrant workers fundamental principles and rights Understandable and enforceable employment contracts No recruitment, placement or employment of workers in jobs involving unacceptable hazards or risks or abusive or discriminatory treatment Effective enforcement mechanisms and sanctions to deter unethical practices System of protection, such as insurance/bond, to be paid by recruitment agencies to compensate for any monetary loss resulting of the failure of the agency to meet its obligations Fees and other charges for recruitment and placement not to be borne by migrant workers; Incentives to meet recognized criteria for good performances Guidelines for Return facilitate wherever possible through information, training, assistance on the return process and reintegration - prior to departure and on return Migration costs differ according to corridor. Destination Origin Total recruitment costs Average monthly earnings in destination (US$) Average (US$) In months of earnings in destination (averages) Saudi Arabia Pakistan 4, Qatar India 1, Philippines Nepal 1, Kuwait Bangladesh 3, India 1, UAE Pakistan 2, Spain Bulgaria ,300 Ecuador 1, ,300 Morocco ,300 Malaysia Vietnam 1, Source: KNOMAD / ILO Surveys 5

7 No worker paid recruitment fee policy in Japan, Korea, Mongolia, Australia, NZ, Pacific Island Countries. Introduced in Thailand in ILO Fair Recruitment Principles and Operational Guidelines (2016) IRIS (IOM) Accreditation framework based on fair recruitment principles 4. Migration and Development The contribution of labour migration to employment, economic growth, development and the alleviation of poverty should be recognized and maximized for the benefit of both origin and destination countries. The importance of decent work and well managed migration is well recognized in the SDGs representing a shift from the MDGs. Target 8.8: Protect labour rights for all workers including MWs and particularly women migrants Target 10.7: Facilitate orderly, safe and responsible migration and mobility of people Indicator: Recruitment cost borne by employee as proportion of income in destination 6

8 5. Means for International Cooperation on Labour Migration: Governments, In consultation with employers and workers organizations, should engage in international cooperation to promote managed migration for employment purposes. Governments are engaging bilaterally and multilaterally Abu Dhabi Dialogue; Colombo Process; ASEAN Labour Ministers Work Programme. Only the ASEAN Forum on Migrant Labour (AFML) engages with social partners and CSOs. Bilateral agreements do not generally involve social partners. Concluding Remarks The still provides the best global guidance on labour migration In Asia the Framework has influenced National Labour Migration Policies adopted in Sri Lanka (2008) and Cambodia (2010 and 2015). ILO Technical Cooperation projects in South East Asia, Bangladesh and Sri Lanka, resulting in labour migration frameworks and legislation have been guided by the Framework. ILO Constituents in Asia-Pacific and Arab States have consistently made reference to the Framework for improving labour migration policies in the Outcome documents of the Asia- Pacific Regional Meeting (2006, 2011, 2016). At the global level the Framework has not been mainstreamed as much as it could have, for example as reference to Decent Work has. 7

9 Thank you Nilim Baruah Senior Migration Specialist Decent Work Team/ Regional Office for Asia and the Pacific 8