SEANF Paper on Migrant Workers
(2)
Labour Recruitment
54.
The SEANF finds that private labour recruitment firms and brokers in both
sending and receiving countries are involved in charging unjustifiably high
recruitment fees. A lack of transparency in the recruitment process contributes
to failures of governance and instances of corruption among those charged with
regulating these firms. The SEANF discovered that high recruitment fees result
in worker traveling to labour receiving countries in a status akin to debt bondage
where some or almost all of their salaries are diverted to repaying brokers’ fees.
55.
The SEANF finds such debt bondage arrangements lead to cases of labour
trafficking in which migrant workers’ human rights are systematically violated.
These arrangements occur in many economic sectors, including but not limited
to agriculture, construction, domestic work, entertainment and sex work, light
and heavy manufacturing, marine fishing, and restaurants and service
establishments. The SEANF recommends that the Drafting Committee include
a regional agreement on cooperation to investigate, charge and punish labour
recruitment agents and companies found to be involved in trafficking of persons
for labour and all other end forms of human trafficking.
56.
The SEANF calls on the Drafting Committee to set out in the ASEAN Instrument
that recruitment of migrant workers occurs in a professional, transparent, and
accountable manner. The process of granting labour recruitment licenses shall
be seriously and strictly managed, with government officials conducting
continuous monitoring of the activities of migrant recruitment enterprises and
taking prompt action to withdraw licenses of those enterprises which violate
the national law and/or regional agreement(s), or which are judged not to
have the mandate and capacity to effectively carry out their recruitment
activities. Information on the legal status of labour recruitment agencies,
including their mandate, responsibilities and authority should be publicized by
the governments and NGOs in all the sending and receiving countries where
those recruitment firms operate.
57.
The SEANF recommends that the drafters of the ASEAN Instrument support the
development of a fully transparent and effective regional agreement (or series
of effective bilateral agreements) that sets clear guidelines for recruitment
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