SEANF Paper on Migrant Workers principles concerning the fundamental rights which are… freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labour ; the effective abolition of child labour ; and the elimination of discrimination in respect of employment and occupation.” 8 The SEANF therefore recommends that the ASEAN Instrument urge all the governments of ASEAN to ratify all eight core ILO Conventions 9, and ensure that their national labour laws, especially those laws governing migrant workers, are harmonized with the standards contained in those core ILO Conventions. 12. The SEANF proposes that the ASEAN Instrument should ensure the member states of ASEAN to ratify ILO Conventions 97 and 143, the two key ILO conventions related to migration. C. Right to freedom of movement 13. The SEANF observes Article 12 of the ICCPR that provides the right of freedom of movement to migrant workers 10 , and this right is reinforced by Article 39 of the ICRMW. 11 The SEANF holds that ASEAN member states should guarantee the rights of migrant workers to freedom of movement, especially the right to leave their workplace or worksite during times outside of their regular working hours, and urges the drafters of the ASEAN Instrument and the national member states to ensure this right is protected. Workers should not have their freedom of movement outside of working hours restricted as a condition of accepting employer-provided accommodation. 8 ILO Declaration on Fundamental Principles and Rights at Work, adopted at the 86th session of the International Labour Conference, Geneva, Switzerland, June 1998. 9 ILO Conventions 29, 87, 98, 100, 105, 111, 138, and 182. 10 Article 12 (1) of the ICCPR states “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.” 11 Article 39 of the ICRMW says “Migrant workers and members of their families shall have the right to liberty of movement in the territory of the State of employment and freedom to choose their residence there.” 17

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