SEANF Paper on Migrant Workers
III.
Recommendations to the ASEAN Intergovernmental Commission on
Human Rights (AICHR)
The SEANF has formally welcomed the creation of the AICHR as a partner organization
that “represents a hope for progressive realization of human rights in the region.” The
SEANF has proposed the development of a Memorandum of Cooperation between
SEANF and the AICHR. 23 The SEANF sincerely hopes that a mechanism for regular
engagement between the AICHR and the NHRIs can be realized in the very near future.
65.
The SEANF strongly recommends that the AICHR consider creating a
Subcommittee on Migrant Worker Rights to assist its work on the nexus between
migration and human rights abuses in ASEAN. There are several important
reasons why the SEANF believes migrant workers in ASEAN deserve such
attention. First, migrant workers are one of the most vulnerable of the groups
in ASEAN, being highly at risk for exploitation and abuse, and even human
trafficking. There is a very strong need for effective human rights education
and outreach to both intending migrant workers in the sending countries as well
as migrants already toiling in workplaces in the labour receiving countries.
Second, migration across borders is on the rise, meaning a growing number
of persons are at risk to suffer abuses of their human rights. Third, because the
movement is across borders, regional cooperation is important to forge joint
initiatives and collaborations to target the cross-border systems/groups (such as
corrupt labour recruiters, brokers, labour smugglers, and human traffickers
responsible for many of the abuses. Finally, the success of ASEAN integration
is at stake because the declining numbers of national workers in a number of
labour receiving countries means that migration for work is a critical factor for
fruitful economic integration.
66.
The SEANF calls on the AICHR to use its mandate under Article 4.10 of the AICHR
Terms of Reference (TOR) to immediately request information from the ASEAN
member states about their activities, policies, regulations and laws to protect
and promote the rights of migrant workers. The AICHR should set out a research
23
ASEAN NHRIs Forum Position Paper Concerning the Political Declaration on the ASEAN
Intergovernmental Commission on Human Rights, Submitted at the 3rd Consultation Meeting with
the High Level Panel (HLP), 28 August 2009, Jakarta.
34