SEANF Paper on Migrant Workers 47. The SEANF calls on the drafters of the ASEAN Instrument to ensure respect for the principle that potential plaintiff(s), whether documented or undocumented, shall be guaranteed the right to file a legal case seeking justice and pursue the case to its conclusion without threat or fear of harassment, arrest or deportation. Migrant workers shall also have the right to petition all relevant courts to seek legal redress and shall not be denied access because they are migrant workers and/or lack legal status in the country. 48. The SEANF urges the drafters of the ASEAN Instrument to ensure that access to legal remedy is made available to migrant workers by both labour sending and receiving states. 49. Given the vulnerability of migrant workers to retaliation by employers, brokers and criminal gangs, the SEANF urges the drafters of the ASEAN Instrument to call for witness protection systems to be created and/or strengthened in all ASEAN states, with specific mention of migrant worker complaints to be included in the categories of cases for which witness protection applies. Where cases involve women migrant workers, the SEANF adds that trained women officers should play a leading role in protection for witnesses. P. Gender dimensions of migration 50. The SEANF notes the continuing trend of feminization of migration for work in the ASEAN region and recommends the drafters of the ASEAN Instrument Framework to ensure that a gender-based rights perspective infuses all aspects of the Instrument. Gender-based analysis should be used in a thorough regional assessment of the situation of migration, leading to development of concrete measures to address the feminization of migration comprehensively in labour migration policies and protection of migrant worker rights. In these considerations, the SEANF urges the drafters of the ASEAN Instrument to consult closely on the obligations of ASEAN Member States under CEDAW. 28