SEANF Paper on Migrant Workers D. Right to freedom of association, and right to organize and collectively bargain 14. The SEANF recognizes that one of the best strategies to protect migrant workers is for governments to set out a framework of policies and practices which enable migrant workers to protect themselves. Accordingly, the SEANF calls upon the drafters of the ASEAN Instrument to ensure that migrant workers are guaranteed the right to freedom of association and collective bargaining in accordance with ILO Conventions 87 and 98. The SEANF notes that this will ensure the ASEAN Instrument conforms with the ICESCR Article 8(1)(a) 12 and ICCPR Article 22(1). 13 SEANF however also notes that where domestic labour laws permit migrant workers to join local trade or labour unions on the same basis as citizens no restrictions should be placed upon migrant workers’ exercise of such right. E. Right to work freely chosen 15. The SEANF calls on the drafters of the ASEAN Instrument to ensure that migrant workers should be allowed to seek a new employer subject to the terms of the contract of employment, work permit and applicable laws of the countries concerned. The SEANF recognizes that striking a balance is important, but from the human rights perspective, employers should not be able to use their position as guarantors of workers’ legal and employment status to abuse migrants’ rights with impunity. Registration systems restricting workers to only the employer who brought them into the country fuel irregular migration because migrant workers with grievances (and facing debts from recruitment fees) will flee into the underground economy when they are not permitted to change their employer. The current global financial crisis contributes to the desperation of migrant workers moving into the informal economy when employers in receiving states terminate them before the end of their contracts. 16. The SEANF notes that by allowing migrant workers this right, the governments will bring labour market forces into alignment with better treatment of migrant 12 ICESCR Article 8(1)(a) grants “the right of everyone to form trade unions and join the trade union of his choice, subject only to the rules of the organization concerned, for the promotion and protection of his economic and social interests.” 13 ICCPR article 22(1) states “Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.” 18