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Migrant Vulnerabilities

Migrant Vulnerabilities. Migrant workers make the best contribution to economic and social development in host and source countries if they enjoy decent working conditions, and if their fundamental human and labour rights are respected. The International Labour Organisation.

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Migrant Vulnerabilities

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  1. Migrant Vulnerabilities • Migrant workers make the best contribution to economic and social development in host and source countries if they enjoy decent working conditions, and if their fundamental human and labour rights are respected.

  2. The International Labour Organisation • Decent work for all workers: Fair working conditions • wages, occupational health and safety, working hours Access to social protection • health insurance, unemployment compensation, pensions Non – discrimination Freedom of association • worker’s right to organize and negotiate their rights HIV and AIDS Recommendation, 2010 (No. 200)

  3. Recommendations Apply immediately as guidelines for national policy and practice Conventions Become international law when countries voluntarily ratify them International Labour Standards HIV and AIDS Recommendation, 2010 (No. 200)

  4. ILO Labour Standards and Migrants All ILO labour standards, including core Conventions enshrined in the ILO Declaration on Fundamental Principles and Rights at Work, apply to migrant workers unless stated otherwise in the instruments Much more remains to be done regarding enforcement of rights protections and ensuring access to redress mechanisms

  5. ILO Labour Standards and Migrants • 8 Fundamental standards – include protection of migrant workers – labor rights, freedom of association, OSH, social security • Convention 97 and Convention 143 - offer comprehensive protection for documented and undocumented migrants • Multilateral Framework on Migration – includes key principles from labor standards • Domestic Workers – standard and anticipated convention • Standard on HIV and AIDS in the Workplace -Recommendation 200

  6. Eight Core Conventions on Human Rights

  7. Migrant-specific Conventions

  8. ILO Recommendation 200 Universal access to prevention, treatment, care and support services forall workers working under all formsor arrangements, and at all workplaces

  9. ILO Recommendation 200 Regardless of legal status or occupation

  10. ILO Recommendation 200 • Universal Access in sending, transit, and receiving countries • Migrants equal coverage in ILO standards - equal access to benefits even for undocumented migrants

  11. Emphasis on Migrants • prohibits mandatory testing, screening, or disclosure at any stage of migration • prohibits discrimination in or exclusion from migration on the basis of real or perceived HIV status • migrants should have universal access to HIV education, information, treatment, care and support and that, whenever appropriate, agreements should be concluded among the countries concerned HIV and AIDS Recommendation, 2010 (No. 200)

  12. Emphasis on Migrants • provides for training, safety instructions and any necessary guidance to be given in a clear and accessible form to ensure a safe and healthy work environment for migrant workers • all measures for migrant workers apply to countries of origin, countries of transit and countries of destination HIV and AIDS Recommendation, 2010 (No. 200)

  13. What is and can be done ? Legislative Frameworks: Philippine HIV/AIDS Prevention and Control Act of 1998 (Article 1 Section 7) - “all Overseas Filipino Workers, diplomatic, military, trade, and labour officials and personnel to be assigned overseas shall undergo or attend a seminar on the cause, prevention, and consequences of HIV/AIDS before certification for overseas assignment.” The legislation also prohibits compulsory HIV testing.

  14. What is being done ? Institutional Structures: Agency within Ministry of Labour: Philippines, Thailand, Viet Nam Extensive coordination with other agencies: Sri Lanka Ministry set up High Level Advisory Committee consisting of other ministries, private agencies, trade unions and civil society organizations. Work is facilitated by inter-ministerial coordinating committee of focal points from key ministries

  15. What is being done ? • National Migration Policy: • National Labour Migration Policy for Sri Lanka, 2008, developed by Agency within Ministry of Labour (Ministry for Foreign Employment Promotion and Welfare) • Provides for: • Prevention of new infections among workers through workplace education of workers on HIV and AIDS, promotion of voluntary testing and counseling services and establish linkages with government healthcare providers for HIV treatment and care. • Targeted sectoral programs.

  16. What is being done ? Integration with National Development Strategies: Thailand: voluntary registration of undocumented migrant workers has been expanded to cover migrants and their families. The scheme covers essential health care services including treatment of opportunistic infections and PMPTC Viet Nam: has expanded HIV and AIDS protection into vocational training for skills needed in overseas labour markets Philippines: 4th AIDS Medium Term Plan - expands universal access to HIV prevention, care and treatment to migrants.

  17. What can be done ? Ensure that national laws recognize the right to health for migrants and do not create barriers to accessing health and HIV related services Include migrants in national development, health and HIV-related policies, strategies and plans Integrate HIV services into pre-departure, postarrival, return and reintegration processes

  18. What can be done ? Ensure there is no discrimination on the grounds of HIV status in the context of entry requirements, immigration, employment or reintegration procedures12, and where testing is done to assess future health-care costs, ensure HIV infection is treated equally to comparable health conditions and not singled out as a basis for discrimination

  19. What can be done ? Collaborate to implement regional strategies for addressing HIV-related issues among international labour migrants Ensure that international labour migrants and their families (including those left behind) have the same access as nationals to gender-, language- and culture sensitive HIV services

  20. What can be done ? • Advocacy Opportunities: • Article 22 of the ILO Constitution requires member states to submit periodic reports: • Two - yearly reports: 8 fundamental Conventions and 4 priority ones • Five - yearly reports: all other Conventions • Must reach the Office between 1 June and 1 September • Reports analysed and comments issued by the CEACR • Recommendation 200 – 30 December 2012

  21. For more information, please contact: Richard Howard PHD Senior Regional Specialist on HIV and AIDS ILO Decent Work Team for East and Southeast Asia and the Pacific Tel: 662 288 1765 , Fax: 662 288 3058 E-mail: howard@ilo.org www.ilo.org/asia

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