Talking ASEAN on Migrant Workers Jakarta, December 11, 2013 Intra-ASEAN Migration: Challenges and Good Practices for Replication by International Organization for Migration
International Organization for Migration 13/12/2013 Intra-ASEAN Migration: Challenges and Good Practices for Replication Presented at the Talking ASEAN Discussion Series of the Habibie Center, Jakarta 11 December 2013
ASEAN and labour migration Currently, 40% of 14 million migrant workers from AMS work in another AMS. Increasing recognition of labour migration by ASEAN as key component of its socio-economic development, competitiveness and integration Labour migration integrated in 2 ASEAN Blueprints: Economic Community Blueprint > increased free flow of skilled labour > MRAs for 7 sectors: engineering, nursing, architecture, quantity surveying, medical, dental and accountancy Socio-Cultural Community Blueprint > protection and promotion of the rights of migrant workers > adoption of Declaration and set up of ACMW which meets annual through the AFLM.
Implication for labour migration management Need for more multi-sectoral dialogue Need for more data and information-sharing on labour market supply and demand Skill standardisation, skill development and skill recognition Social security benefits (e.g. portability of pension rights) Need for more development-driven migration policies that promotes skills transfer and productive use of remittances; while preventing brain drain Need for more protection both in sending and receiving countries, esp. for low-skilled workers
Good Practices of Colombo Process MS - CP set up in 2004 with support of IOM 11 CPMS: Afghanistan, China, India, Indonesia, Nepal, Pakistan, the Philippines, Sri Lanka, Thailand and Vietnam. Observer: Malaysia Areas fo focus: 1. Legislation, policy and institutions 2. Pre-deployment support 3. Managing the recruitment market 4. Welfare support for migrant workers 5. Post-deployment support
Good Practices of ASEAN MS Objective: take stock of progress on recommendations of previous 3 rd & 4 th AFLM Presented at the 5 th AFLM, 2012
Legislation, policy and institutions 8 CP countries amended existing regulations or adopted new legislation on labour migration in line with international standards > focus on: 1. increasing the monitoring or mandatory licensing of recruiters 2. improving welfare support and protection of migrant workers > e.g. Philippines: Amended in 2010 Act 1995 on MW, imposing protection guarantees on destination counties (labour and social laws accessible by MW as well, signatory/ratification of multilateral conventions or MOUs with Philippines). 7 CP countries created new government structures dedicated to manage labour outflow and the welfare of overseas migrants. 10 CP countries have signed additional 59 BAs and MoUs with destination countries since 2005: 1. Enhance transparency 2. Indication of increased recognition by countries of origin and destination that effective LM management requires cooperation
High level of ratification of ILO fundamental conventions (esp. C29 Forced Labour, C98 Collective Bargaining, C138 Minimum Age, C182 Child Labour) and UN Conventions among ASEAN MS Palermo Protocol ratified by 6 AMS Source: ILO Background Paper, 2012
International Organization for Migration Pre-deployment support
Pre-recruitment information Examples: Free Pre-Employment Orientation Seminar (PEOS) by POEA (Philippines) Safe migration Community Information and Public Campaigns (Indonesia) Objectives: Help communities at large and prospective migrants to take informed decisions, build realistic expectations of migration, anticipate risks and challenges throughout the migration process. Preventive measure against illegal recruitment Innovative elements: Use of different media: website, facebook, print materials, TV and radio shows, documentary, local culture performances, etc. Incite prospective migrants to seek information Reach out community leaders and key household decision-makers as key Safe Migration community focal points (Indonesia, Cambodia) Include financial literacy information > joint decision by candidate migrants and families on wise saving/investment plans and the use of best remittances option
Migrant Resource Centres (MRCs) Examples: Philippines, India, Nepal, Bangladesh, Vietnam, LPDR, Cambodia (with support from IOM and ILO). Function: Provide pre- and/or post-deployment support services to prospective migrants, migrants and families Services: group information or individual counselling on migration opportunities, schemes, procedures, costs and remittances options; selection/recruitment; medical check-up; language training and cultural predeparture orientation; consular services; reintegration counselling and referral. Innovative elements: Use of different communication media/channels: walk-in, telephone, email, website (Nepal, Philippines, Indonesia), sms (Philippines), community information sessions Some embedded within existing government structures (Bangladesh, Nepal); others set up in partnership with CSOs > avoid duplication of efforts and resources Complain referral mechanism: Free 24/7 hotline, also accessible by migrants abroad (India, Philippines) Provide information in various dialect (India) Decentralize to provinces/districts (India (Delhi, Kochi, Hyderabad), Nepal (Jhapa, Chitwan), Philippines (in local government level services).
Pre-departure information Objective: to ensure that all departing migrant workers are informed of the laws and regulation in destination country, rights and obligations of both the employer and employee, potential risks while abroad, banking/remittances options, available support services for migrants (including diplomatic missions). Example: By law, 9 out of 11 CP countries require all migrants to attend pre-departure orientation Pre-departure orientation in CP MS
Pre-departure information Innovative elements: Country-specific information materials/sessions for certain countries of destination (Philippines, Indonesia, Sri Lanka Cambodia) Make the training free, subsidized or paid by the employer (Philippines, Nepal, Indonesia) Provide information in local dialect (Pakistan, Philippines, Sri Lanka) Partnership with NGOs acrredited by the Government (Philippines, Bangladesh) Test/Examination (China) Include family members (Sri Lanka) Only migrant workers who have pre-departure orientation certificate are issued a migrant worker ID card and allowed to depart. (Indonesia)
International Organization for Migration Managing the recruitment market place
Regulating recruitment by private sector Licensing scheme > 10 of 11 CP countries have adopted licensing scheme to assess credentials of applicant recruitment agencies and regulate private recruitment agencies activities. Licensing also applies to agents working for recruitment agencies (Indonesia) Spot inspections of licensed recruitment agencies. Co-employers > Make recruitment agencies jointly liable with employer for any violation (Philippines) Partner agency, job orders and contracts validated by diplomatic mission (Indonesia, Philippines and Sri Lanka) Install a placement fee cap (Philippines > not more than 100% of migrant s one month salary. Seafarers/Domestic workers are exempted). Use of Standard Placement Agreement signed between migrant worker and recruiter (Indonesia) Use of Standard Work Contract with set minimum wage requirements and other work conditions; and signed in front of government officials (Sri Lanka, Indonesia) Use of computer-based integrated information system to track down inconsistencies throughout recruitment cycle.
Government-run recruitment process 1. Thailand > TOEA recruiting for private foreign employers interested employers should apply to TOEA (need to provide business registration permit, standard contract). If approved, employer registered to TOEA and has access to TOEA s pool of registered workers. 2. South Korea > Employment Permit System (EPS) 15 source countries, including 10 CP MS / 6 ASEAN MS Recruitment and placement process conducted by government affiliated agency or selected private agencies in both South Korea and source country. Reduced recruitment fee > publicly announced. Apply standard selection criteria, terms of contract, migration costs and skills/language requirements. Use of standard contract for all source countries: guaranteed same rights as Koreans, receive health insurance, industrial accidental compensation and a guaranteed minimum wage.
International Organization for Migration 13/12/2013 Welfare support for migrant workers
Insurance & Welfare fund Most CP MS make it compulsory by law. Financed by migrant workers, recruiter and/or employer. Sometimes government subsidies (Thailand, Vietnam) Cover: pre-departure orientation, loans, emergency shelter, health costs, legal aid, repatriation. Innovative elements: Reintegration assistance (livelihood support, entrepreneurship/vocational training) Family support of deceased worker Scholarship for children of migrant workers (Pakistan, Sri Lanka, Philippines)
Diplomatic mission services 9 of 11 CP countries have welfare and/or labour attachés responsible to assist distressed workers. Source: ILO Background Paper, 2012
Innovative elements: Registration: Monitor migrant workers place and accommodation Post-arrival orientation programme: Welcoming Programme in HK and Taiwan (Indonesian Consulate & Chamber of Commerce); PAOS (Philippines diplomatic mission) Monitor migrants workplace Provide shelter, jail and hospital visits Use of hotline numbers Labour Attachés training: gender-sensitive, victim-sensitive, mental health, negotiation and communication skills, etc. Use of female Labour Attachés Regular Labour Attaches meetings to share challenges and good practices Partnering with civil society to reach out to migrant communities
Host country services Post-arrival orientation programme for migrant workers: Settling in Programme (Singapore) > provide information in English or native language on: living and working safely in SING, workers rights & responsibilities, conditions of employment, relationship and stress management, available support services. Information for employers: FDW Employer s Orientation Programme for first time employers and employers changing FDWs more than 4 x per year (Singapore) MRC (Thailand, Singapore, Malaysia): provide information, counselling and legal assistance; outreach to migrant communities through CSO/religiousbased organizations. Complain mechanism: government-run toll-free helpline and pre-paid envelops available (Singapore, Malaysia ) Promoting positive image of migrant workers: Embracing Differences roadshows (Singapore)
International Organization for Migration Post-deployment support
Recovery support Objective: Address the immediate needs of returning migrants Example: Victim identification and referral upon arrival (BNP2TKI Indonesia) Innovative elements: Partnership with civil society and IO for screening Provide in-situ medical check and insurance claim services Cover medical costs Partnership with other government services for follow-up assistance Set up of contingency fund for mass return (Indonesia, Philippines, Vietnam)
Reintegration assistance Objective: Address migrants economic and psychosocial reintegration needs upon return from overseas. Examples: Provide counseling on or preferential access to start-up investment, esp. in rural areas (India, Pakistan, Thailand) Offer loans, entrepreneurship and/or vocational training for new businesses by local governments (Indonesia, India, Philippines) Offer job hunting support (Philippines, Vietnam) Offer follow-up legal aid and medical support Innovative element: Tailored to needs of migrant women (Nepal) Skills trainings and orientation sessions on saving and investment plans prior to return (Philippines, Indonesia in HK) Involvement of migrants families Facilitate group-based initiatives among returning migrants: Pasar TKI (Indonesia) Partnership with civil society Partnership with private sector
Way Forward Building on progress already made through more rigorous lawenforcement, implementation and monitoring. Conducting evaluation and, improving or up-scaling current efforts through government capacity building and greater budgetary resources Expand efforts to accommodate needs of undocumented migrant workers, and step up reintegration support for returning migrants Fostering greater partnership with non-state actors Enhance engagement with private sector towards ethical recruitment Continue dialogue and sharing good practices (AFLM, Colombo Process,..) Conduct research for better informed and evidence-based policingmaking
Thank You! Kartini Pouchous kpouchous@iom.int