and their families, regardless even if they are of irregular or undocumented status.
Ratification by more states and especially of major destination countries could potentially
start a process of improved treatment of all migrant workers.
The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant
Workers agreed upon by ASEAN Heads of State in January 2007 is also potentially of
great significance in defining the obligations of both the receiving and sending states, and
in doing so can be an important concrete commitment by ASEAN countries in the
protection and promotion of the rights of migrant workers. The bilateral agreements that
the Philippines signs with countries receiving Filipinos are also potentiall)' meaningful
although these are still with less than a third of the countries where overseas Filipinos are
reported to be. These agreements are subject-specific deals on emplol,rnent. u'elfare,
social security and seafarer credentials.
The Philippine goveffrment's engagement with the UN Committee on Migrant
Workers is also very positive with the UN treaty body serving as an effectir,e independent
mechanism in which to hear the various stakeholders - i.e., migrant uorkers. nongovernment organizations, government including national human rights institutions - and
that can come up with relevant and impartial recommendations aimed at improving
government compliance with the Migrant Workers Convention.
VII. Recommendations
National and international migration policy must take place within a human rights
framework that protects, promotes and fulfils the rights of migrant workers. Human rights
standards in general as well as concerning migrants have been codified into international
human rights law, through treaties and conventions, as well as incorporated ilto domestic
law.
These have been the foundation of many State efforts in the ASEAN region to
reahze the civil, political, economic, social and cultural rights of migrants. And there has
certainly been progress in the past decades. However there have also been efforts
ostensibly to defend rights that have actually not led to greater protections and instead
even gone against migrants' rights. For instance there has been the criminalization of
victims such as of undocumented workers and trafficked women. Crackdowns on work
places, tightening up on movement, and border controls may rather have effectively
restricted the right of nationals to migrate. Other times, the impression of sufficient
mechanisms and legal responses to migrants in crisis may have encouraged migration with the unintended result that increasing numbers of distressed migrants will be unaided
upon the onset ofcrises.
Arguably the most basic right of migrants is to be able to have decent work and
livelihoods at home without having to seek these in other countries under likely very
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