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

2. ILO Policies on Migration2 Trends and Characteristics of Out-migration

3. ILO Policies on Migration3 Estimated Annual Out-Migration from South Asian Countries Data availableAverage Emigration per annum (in 000’s) undocumen ted flows (in 000’s) Main destination countries/regions India1997-02 316 + 200Gulf States, US, East Asia Bangladesh1999-02 224 + 53Gulf States, SE Asia, India Pakistan1999-03 135 + 25Gulf States, US, West Europe Sri Lanka1999-03 192 + 16Gulf States, Singapore Nepal India, Hong Kong, Korea Sources : An ILO Plan of Action on Labour Migration in Asia Pacific, ILO BKK, 2005

4. ILO Policies on Migration4 Nos. of Migrant Workers in the Receiving Countries in Asia

5. ILO Policies on Migration5 Migrants’ remittances to Asian economies as % of GDP (by year)as % of GNP average Bangladesh3.16 (1996)6.0 India2.7 (1997)3.07 Pakistan2.19 (1997)7.0 Sri Lanka6.06 (1995)6.46 (2001-02) Philippines6.4 (1996)8.6 (2003) Indonesia0.33 (1995)4.7 (2002) Thailand0.2 (1995)1.8 (2002) Sources: Four South Asian countries see Amjad, R. Remittances and Development in South Asia: Post 9/11 Developments”, 2004; for others see IMF Balance of Payments Statistical Yearbook 2004 Washington, D.C.

6. ILO Policies on Migration6 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

7. ILO Policies on Migration7 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

8. ILO Policies on Migration8 ILO Multilateral Framework

9. ILO Policies on Migration9 Migrants legally employed in Decent Work Market failure (State policies) Market failure (information) Denial of basic rights Discriminatory treatment Forced labour Poverty & unemployment Poor working conditions Irregular status Role for the ILO?

10. ILO Policies on Migration10 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)

11. ILO Policies on Migration11 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.

12. ILO Policies on Migration12 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

13. ILO Policies on Migration13 ILO’s means of action and areas of competence Regulating recruitment Trade union/ employers action Child labour Gender Social security Protection Health & safety Skills training occup standards Social dialogue working conditions Forced labour ILO Multilateral Framework Employment promotion

14. ILO Policies on Migration14 Policies legally employing Migrants in Decent Work Regular admission Equal treatment Regularization of illegal Health & safety Recognition of qualifications Remittance facility Social Security No Forced labour Policy Implications

15. ILO Policies on Migration15 Migrants legally employed in Decent Work Legal admission programs Bilateral agreement Regularization of illegal anti smuggling trafficking Regional Cooperation Migration Management

16. ILO Policies on Migration16 Migrants legally employed in Decent Work Guest workers Professional skilled Permanent settlers Project-tied Seasonal Domestics Students

17. ILO Policies on Migration17 Aiming at wider application of international labour standards capacity building, awareness raising and technical assistance assist in strengthening social dialogue.

18. ILO Policies on Migration18 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

19. ILO Policies on Migration19 Instruments of ILO and UN

20. ILO Policies on Migration20 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

21. ILO Policies on Migration21 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

22. ILO Policies on Migration22 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

23. ILO Policies on Migration23 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

24. ILO Policies on Migration24 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

25. ILO Policies on Migration25 Country NameQ41 C97Q41 C143 AlbaniaYes ArmeniaYes EthiopiaYes IrelandYes Korea, Republic ofYes MoroccoYes TajikistanYes ZimbabweYes SwedenYesR UgandaYesR PolandYesNo RwandaYes- Malaysia (*Sabah only)R*R*- CyprusRR KenyaRR NorwayRR PortugalRR AlgeriaRNo BelgiumRNo FranceRNo GermanyRNo MadagascarRNo MauritiusRNo NetherlandsRNo United KingdomRNo BrazilR- EcuadorR- GuatemalaR- MalawiR- New ZealandR- SpainR- UruguayR- IndonesiaNoYes TogoNoR ArgentinaNo AustraliaNo AustriaNo BahrainNo BelarusNo BulgariaNo BurundiNo CroatiaNo Czech RepublicNo DenmarkNo EritreaNo EstoniaNo FinlandNo GreeceNo HungaryNo IcelandNo JapanNo KuwaitNo LebanonNo MaltaNo MexicoNo MyanmarNo SenegalNo SlovakiaNo South AfricaNo SudanNo SurinameNo SwitzerlandNo Syrian Arab RepublicNo TunisiaNo United Arab EmiratesNo United StatesNo Bolivia-- Canada-- Chile-- China-- Colombia-- Costa Rica-- Egypt-- El Salvador-- Fiji-- Honduras-- Kazakhstan-- Nicaragua-- Oman-- Pakistan-- Panama-- Peru-- Philippines-- Qatar-- Romania-- Seychelles-- Singapore-- Sri Lanka-- Thailand-- Ukraine-- R = Have already Ratified Yes = intend to ratify No = do not intend to ratify

26. ILO Policies on Migration26 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

27. ILO Policies on Migration27 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)

28. ILO Policies on Migration28 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)

29. ILO Policies on Migration29 Other Initiatives for Protecting Migrants Workers

30. ILO Policies on Migration30 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.

31. ILO Policies on Migration31 Regional Trade Unions, Migrant Worker Organizations, Human Rights & Development NGOs Migrant Forum in Asia (MFA) www.mfasia.org * Solidarity for Asian Peoples Advocacy (SAPA) Regional Migrant Workers Network, Secretariat in Manila: campaigns, regional advocacy, training, capacity building Asian Migrant Centre (MFA) - Secretariat Mekong Migrant Network www.asian-migrants.org Regional migrant research network, centred in Hong Kong: produces Asian Migrant Yearbook Asian Forum on Human Rights and Development (Forum Asia, FA) www.forum-asia.org Regional human rights and development network, Secretariat in Bangkok Asia-Pacific Workers Solidarity Link (APWSL) Regional independent union network, with coordinator based in Bangkok; supporting worker and union solidarity campaigns Asia Pacific Women, Labour and Development (APWLD) www.apwld.orgwww.apwld.org Regional Network secretariat in Chiang Mai: Research on gender issues, advocacy, capacity building Coordination of Action Research on AIDS and Mobility in Asia (CARAM Asia) www.caramasia.orgwww.caramasia.org Regional network secretariat in Kuala Lumpur: Research, advocacy, community based interventions Jesuit Concern for East Asia Office Coordinates program on refugees and migrant workers; research, advocacy, humanitarian and emergency services,

32. ILO Policies on Migration32 Trade Unions:National and Local UNI-APRO Philippines, Malaysia, Indonesia, www.union-network.org www.union-network.org Organize unions including migrant workers; helpdesk in Malaysia for migrant workers; negotiate CBA KSBI IndonesiaAffiliate of World Confederation of Labour (WCL): organize unions; CBA FSBI Indonesia.organizing migrant workers SBMI IndonesiaFirst national trade union of migrant workers MARINO-Alliance of Progressive Labour (APL), Philippines Seafarers trade union – organizing seamen and marine workers

33. ILO Policies on Migration33 FKTU & KCTU in Korea GEFONT In Nepal MTUC in Malaysia National Workers Federation in Sri Lanka Model Cases of Union Action

34. ILO Policies on Migration34 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

35. ILO Policies on Migration35 THANK YOU