SEANF Paper on Migrant Workers K. Adequate housing for migrant workers 34. For reasons of both public health and human rights 21 , the SEANF recommends that the ASEAN Instrument should require employers of migrant workers to make free accommodation available to workers that is clean, hygienic, and safe, and provides sex segregated accommodation where required on safety grounds. Employers should also be responsible for regular maintenance of the housing provided. The SEANF notes such practice is in accord with Article 11(1) of the ICESCR that “recognize(s) the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing…” 35. The SEANF further recommends that migrant workers shall be given the right to accept or refuse employer-provided accommodation, and if the worker exercises the right not to use employer provided accommodation, then the migrant workers should pay for the cost of the rental of his or her chosen accommodation. Employment should not be made conditional on acceptance of employer provided housing. 36. The SEANF calls on the drafters of the ASEAN Instrument to urge governments as far as possible to provide services to migrant workers such as proper sanitation, access to clean water and electricity, garbage collection, public transport, and public security in areas where they live. In line with the principle of “national treatment”, migrant workers’ accommodations should be monitored and inspected under the laws and regulations dealing with building safety and public health. L. Humane approach on immigration offences 37. SEANF asserts that migrant workers who are found to violate immigration laws should be treated humanely. SEANF recommends that the drafters of the ASEAN Instrument should consider including a provision that encourages alternative measures that do not criminalize immigration offences and provide 21 ICESCR Article 11(1) establishes that “The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.” 25