Promoting Migrant Workers Rights in Asia & Pacific

1. Promoting Migrant Workers Rights in Asia & Pacific ILO/TURIN, Feb. 07 Pong-Sul Ahn Sr. Specialist on Workers’ Activities ILO SRO-New Delhi ahn@ilodel.org.in

2. Trends and Characteristics of Out-migration ILO Policies on Migration

3. ILO Policies on Migration

4. Nos. of Migrant Workers in the Receiving Countries in Asia ILO Policies on Migration

5. Migrants’ remittances to Asian economies ILO Policies on Migration

6. 2.6 million Asian workers who left their home to work abroad between 1995 and 2000 • Asian migrant workers represent any where from 40 to 60 percent of the labour force in the Gulf countries • Majority of out-migration from South Asia are the unskilled or semi-skilled • Skills development for a high quality of migration is necessary • A notable rise in the no. of Bangladeshi plantation workers in Malaysia, Sri Lankan domestic helpers in Singapore and Nepali construction workers in Republic of Korea ILO Policies on Migration

7. The region’s human resources are being allocated from less to more productive employment, contributing to - modernisation • Public health and education • Infrastructure development • Enhancing the integration of South Asia in the global production system • Labour migration has a large contribution to income growth than trade liberalisation • Commercialisation of migration processes • The social costs of out-migration is high ILO Policies on Migration

8. ILO Multilateral Framework ILO Policies on Migration

9. Role for the ILO? Migrants legally employed in Decent Work Irregular status Denial of basic rights Poor working conditions Market failure (State policies) Discriminatory treatment Forced labour Market failure (information) Poverty & unemployment ILO Policies on Migration

10. A Multilateral Framework on Migration • The mobility of labour is an int’l phenomenon, so there is a need to regulate it efficiently with an int’l framework • Managing migration is inherently a multilateral issue in the global economy. • Fair rules for trade and capital flows need to be complemented by fair rules for the cross-border movement of people. (World Commission on Social Dimension of Globalization) ILO Policies on Migration

11. Approved by ILO GB in 2006 • Non-binding principles & guidelines for a rights-based approach to labour migration • To promote decent work through management of migration, promotion of documented migration, and protection of migrant rights. ILO Policies on Migration

12. Guidelines and principles cover • best practices and international standards • a support for governments and social partners to improve their migration policies • migration management and protection of migrant workers and their families • capacity building, awareness raising and technical assistance • assist in strengthening social dialogue ILO Policies on Migration

13. ILO Multilateral Framework Forced labour Social dialogue working conditions Trade union/ employers action ILO’s means of action and areas of competence Protection Health & safety Employment promotion Skills training occup standards Social security Gender Regulating recruitment Child labour ILO Policies on Migration

14. Policy Implications No Forced labour Equal treatment Health & safety Regular admission Policies legally employing Migrants in Decent Work Social Security Remittance facility Recognition of qualifications Regularization of illegal ILO Policies on Migration

15. Migration Management anti smuggling trafficking Regularization of illegal Migrants legally employed in Decent Work Legal admission programs Bilateral agreement Regional Cooperation ILO Policies on Migration

16. Permanent settlers Migrants legally employed in Decent Work Students Professional skilled Guest workers Project-tied Seasonal Domestics ILO Policies on Migration

17. Aiming at • wider application of international labour standards • capacity building, awareness raising and technical assistance • assist in strengthening social dialogue. ILO Policies on Migration

18. to support governments and social partners to improve their migration policies • including migration management and protection of migrant workers and their families • strengthening social dialogue • Networking among social partners between labour sending and receiving countries ILO Policies on Migration

19. Instruments of ILO and UN ILO Policies on Migration

20. ILO Conventions on Migration • Migration for Employment Convention (Revised), 1949 (No. 97) • Migration for Employment Recommendation (Revised), 1949 (No. 86) • Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) • Migrant Workers Recommendation, 1975 (No. 151) • Migrant Workers (Supplementary Provisions) 1990 UN Convention on Protection of Migrant Workers and members of their families ILO Policies on Migration

21. No. 97 Migration for Employment Convention (Revised), 1949 • To facilitate the movement of surplus labour • To protect workers from discrimination and exploitation while employed in receiving countries • Deals with regular migrant workers, i.e. • - not issue / renewal of residence or work permits ILO Policies on Migration

22. No. 97 Migration for Employment Convention (Revised), 1949 • To facilitate the movement of surplus labour • To protect workers from discrimination and exploitation while employed in receiving countries • Deals with regular migrant workers, i.e. - not issue / renewal of residence or work permits ILO Policies on Migration

23. General protection provisions, e.g. • the maintenance of appropriate medical services • Equality of treatment between migrant workers and nationals as regards laws and administrative practices on • Employment and employment taxes • living and working conditions • social security • access to justice ILO Policies on Migration

24. ILO Con No. 143 (1975) on Migrant Workers • Protects migrant workers in abusive situation (irregular workers included) • Affirms the basic human rights of all migrant workers, including the right of equal treatment and equal opportunities for migrant workers • Extends protection to undocumented or irregular workers ILO Policies on Migration

25. R = Have already Ratified Yes = intend to ratify No = do not intend to ratify ILO Policies on Migration

26. UN Convention Migrants Rights • Protection of the Rights of All Migrant Workers and Members of Their Families • Partly based on the ILO Conventions. • (if ratified) the Convention • protects migrant workers from exploitation and abuse • guarantees their rights to trade union representation • safeguards freedom of expression and political participation ILO Policies on Migration

27. ILO Fundemental Conventions • Freedom of Association and the Protection of the Right to Organize Convention, 1948 (No. 87) • Right to Organize and Collective Bargaining Convention, 1949 (No. 98) • Forced Labour Convention, 1930 (No. 29) • Abolition of Forced Labour Convention, 1957 (No. 105) • Minimum Age Convention, 1973 (No. 138) • Worst Forms of Child Labour Convention, 1999 (No. 182) • Equal Remuneration Convention, 1951 (No.100) • Discrimination (Employment and Occupation) Convention, 1958 (No.111) ILO Policies on Migration

28. ILO Conventions related to migration • Safety and Health in Agriculture Convention, 2001 (No. 184). • Occupational Health Services Convention, 1985 (No. 161) • Occupational Safety and Health Convention, 1981 (No. 155) • Private Employment Agencies Convention, 1997 (No. 181) • Protection of Wages Convention, 1949 (No. 95) • Working Conditions (Hotels and Restaurants) Convention, 1991, (No. 172) • Labour Inspection Convention, 1947 (No. 81), • Plantations Convention, 1958 (No. 110) • Equality of Treatment (Social Security) Convention, 1962 (No. 118) • Maintenance of Social Security Rights Convention, 1982 (No. 157) • Employment Policy Convention, 1964 (No. 122). • Minimum Wage Fixing Convention, 1970 (No. 131) • Safety and Health in Construction Convention, 1988 (No. 167) ILO Policies on Migration

29. Other Initiatives for Protecting Migrants Workers ILO Policies on Migration

30. International Migrants Day • 18th December, declared by UN in 2000 • A day of Solidarity with the Migrants - to acknowledge the contributions of migrants to world economy and promote respect for their basic human rights. ILO Policies on Migration

31. Regional Trade Unions, Migrant Worker Organizations, Human Rights & Development NGOs ILO Policies on Migration

32. ILO Policies on Migration

33. Model Cases of Union Action • FKTU & KCTU in Korea • GEFONT In Nepal • MTUC in Malaysia • National Workers Federation in Sri Lanka ILO Policies on Migration

34. Role of Trade Unions • Awareness-raising and advocacy • Sharing information • Collecting best practices on legal protection and social protection • Launching ratification campaigns for ILO conventions • Organising the migrant workers • Providing helpline and legal services • Networking between trade unions in both sending and receiving countries • Providing pre- and post-departure training ILO Policies on Migration

35. THANK YOU ILO Policies on Migration