SEANF Paper on Migrant Workers
The SEANF believes that the Instrument should comply with all the major international
human rights treaties and relevant ILO Conventions, thereby guaranteeing migrants’
rights to freedom of movement, freedom of association and collective bargaining,
right to work freely chosen, and freedom from forced labour and human trafficking.
A strong section in the Instrument should focus on building strong regional antitrafficking response through a network of national focal points that will prevent
trafficking, prosecute traffickers, and protect, through a victim-centric approach, the
interests of the victims.
The SEANF also proposes that the Instrument include rights for migrant workers based
on international human rights standards like the CRC, CEDAW, ICESCR and ICCPR
including freedom of thought and religion; right to health care and education; right to
marriage and a family; adequate and hygienic housing; and access to legal assistance
and redress through the judicial system. Among other policy recommendations, the
SEANF also calls for special protections for migrant domestic workers and sanctity
of workers documents to be kept by the workers. The SEANF also proposes that the
drafters of the ASEAN Instrument also include other tools to protect and promote the
rights of migrant workers, including model worker contracts, strict regulation of labour
recruitment firms, one-stop service centers for approvals, and effective cooperation
between states, and with ASEAN civil society organizations.
The SEANF seeks to cooperate on migrant issues with the ASEAN Inter-Governmental
Commission on Human Rights (AICHR) and has a set of recommendations for AICHR’s
work in this area. The SEANF found that AICHR should use its authority to request
information from member states about their migration policies and conduct a thematic
study on abuses of human rights during the migration processes in the ASEAN region.
AICHR should also launch a consultative process to build public awareness about
human rights and migration.
For the four member states, some of the recommendations made by the SEANF are:
Indonesia
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To ratify the ICRMW (which Indonesia has already signed).
Amend Law 39/2004 “Concerning Placement and Protection of Indonesian
Workers”, and review and revise all labour laws to bring them into line
with ILO and UN standards.