SEANF Paper on Migrant Workers 4. The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers provides that “…the receiving states will...promote fair and appropriate employment protection, payment of wages and adequate access to decent working and living conditions.” The SEANF proposes that the principle of “national treatment” should be explicitly stated in the ASEAN Instrument in relation to wages and conditions of work for migrant workers, such as overtime, hours of work, weekly rest, holidays with pay, safety, health, termination of the employment relationship and any other conditions of work which are covered by national law and practice. Since all ASEAN Member States are members of the ILO, the SEANF notes that they are obligated to comply with the ILO Declaration on Fundamental Principles and Rights at Work which sets out as a core principle “the elimination of discrimination in respect of employment and occupation…” 6 5. The SEANF recommends that the drafters of the ASEAN Instrument recognize explicitly that “national treatment” requires government protection of rights of migrant workers that will cumulatively serve to enable migrant workers to better protect themselves from exploitative situations. Among these rights are freedom of movement, freedom of association, right to receive and send communications, and the right to life including the right to a family, and the right to security of person. The SEANF observes the International Covenant on Economic, Social and Cultural Rights (ICESCR) explicitly guarantees many of these rights. 6. The SEANF recommends that the regional ASEAN Instrument requires the elimination of all forms of discriminatory policies and practices against migrant workers and ensures that all aspects of laws and regulations on wages, labour, housing, social protection, access to grievance handling and legal procedures, and judicial redress, and other relevant anti-discrimination laws, are equally applied to all categories of migrants in adherence with the principle of “national treatment.” 6 International Organization (ILO), “ILO Declaration on Fundamental Principles and Rights at Work”, adopted 86th Session, International Conference, Geneva, Switzerland, June 1998. 15