1 Nine Mandates:
STRENGTHENING AND PROTECTION OF MIGRANT WORKERS IN ASEAN REGION
INDONESIAN CIVIL SOCIETY INPUT FOR THE CONTENT OF THE FOURTH DRAFTING TEAM MEETING OF THE ASEAN INSTRUMENT ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS
2011
[ NINE MANDATES ] FOR STRENGTHENING THE PROTECTION OF THE RIGHTS OF MIGRANT WORKERS IN ASEAN REGION
Jakarta, 9 – 10 April 2011
INDONESIAN Working Group on ASEAN Migrant Workers Task Force on ASEAN Migrant Workers
2 Nine Mandates:
STRENGTHENING AND PROTECTION OF MIGRANT WORKERS IN ASEAN REGION
9 MANDATES The ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers must be completed in 2011 as a binding instrument among ASEAN Member States. This instrument must provide protective coverage for all migrant workers and member of their families regardless of their legal status. This instrument must eliminate practices of violence, discrimination, and various forms of stigmatization against migrant workers and their families. This instrument must be gender sensitive, in the various process and stages of migration, including the implementation of the CEDAW General Recommendation No. 26 on women migrant workers. Dialogue with civil society, workers union, and migrant workers associations. Ratifying ILO Conventions related to migration, specifically ILO Conventions No. 97 and 143. Ratifying UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Harmonize the labor laws – particularly on migrant worker—in accordance with ILO core labour standard and 1990 UN Migrant Workers Convention. Revision of Indonesia Labour Law No. 39/2004 on PPTKILN must refer to the protection for migrant worker according to the international instruments. Jakarta, 9 – 10 April 2011 ILO Core Labour Standards C 29: Forced labour
C 87: Freedom of association
C 98: Collective bargaining
C 100: Equal Remuneration
C 105: Abolition forced labour C138: Minimum Wage
C 111: Employment & occupational discrimination C 182: Worst forms of child labour
ILO Conventions related to migration C 97: Migration for Employment C 143: Migrant Workers (Supplementary Provisions)
3 Nine Mandates:
STRENGTHENING AND PROTECTION OF MIGRANT WORKERS IN ASEAN REGION
THESE 9 MANDATES ARE COMMUNICATED TO INDONESIA’S ACMW REPRESENTATIVE AS THE CHAIR OF ASEAN IN 2011
The year 2011 is a year that provides space for Indonesia to lead the ASEAN region. This leadership needs to be translated to strengthen the instrument of protection of migrant workers in the ASEAN region. The ASEAN Instrument for the protection and the promotion of the rights of migrant workers shall contribute to the improvement of situation and condition of migrant workers in ASEAN region including Indonesia. Right now Indonesia and Philippines are the biggest migrant workers’ country of origin in ASEAN. They are the contributors of country’s foreign exchange, support people’s economy and in turn develop the civilization in ASEAN territory as well. The existence of protection instrument for migrant workers at regional level is in accordance with Indonesian Government’s efforts at national level that is reflected such as revision of Law No. 39/2004; process of 1990 Migrant Convention ratification, and Indonesia’s agreement upon the existence of ILO convention for Domestic Workers
THESE 9 MANDATES SHALL ANSWER INDONESIA’S NEEDS Implement ILO fundamental principles and standards on the protection of the rights of migrant worker –specifically on Female Domestic Workers – that can be used as mutual reference to formulate bilateral/multilateral agreements The need for collaboration among governments to eradicate practices of human rights violation on migrant workers, including monitoring performance and practice of labour assigning agents. The needs of migrant workers to access legal and justice systems. THESE 9 MANDATES FORTIFY VARIOUS COMMITMENT AND AGREEMENT THAT HAVE BEEN ACCOMPLISHED AND BECOME ASEAN’S MODALITY, such as:
ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers’ Asean Charter and Socio Cultural Blue Print ASEAN Committee on Migrant Workers (ACMW) ASEAN Intergovernmental Commission for Human Rights (AICHR) ASEAN Commission for the Promotion and Protection of the Rights of Women and Children (ACWC)
4 Nine Mandates: STRENGTHENING AND PROTECTION OF MIGRANT WORKERS THESE 9 MANDATES ARE EFFECTIVE TO CONFRONT FORTHCOMING CHALLENGES, such as: REGION IN ASEAN
Space for dialogue between government institutions on migrant worker issue has not been significantly open, particularly between sending states – such as Indonesia – and receiving states – such as Malaysia, Singapore, Brunei Darussalam, and Thailand. Dialogue process between the Government and civil society on migrant worker issue also needs to improve. Indonesia has pioneered a dialogue process that is constructive and ought to be followed-up. Recruitment practices are exploitative of migrant workers. Poverty in ASEAN region particularly in migrant workers’ states of origin results in low wage and exploited migrant workers in destination countries. Corruption and feeble law reinforcement in ASEAN region. THESE 9 MANDATES ARE FORMULATED OVER THE KEY PRINCIPLES as follows:
Rights of migrant workers are part of human rights that have been guaranteed in the constitution of Republic of Indonesia and in the Human Rights and ILO conventions that have been ratified by Indonesia. Indonesia as a sovereign state are obligated to ensure inclusion of human rights norms in the formulation of the instrument. A sovereign state is a country that guarantees and reinforces human rights norms.