SEANF Paper on Migrant Workers
progress can be made during 2010 towards an inclusive draft Instrument that can be
considered by key regional officials in ASEAN, and the ASEAN member states.
The South East Asia National Human Rights Institutions Forum (SEANF) is the unified
voice of the national human rights institutions in ASEAN. The SEANF is composed
of Komisi Nasional Hak Asasi Manusia Indonesia (KOMNAS-HAM), Suruhanjaya
Hak Asasi Manusia Malaysia (SUHAKAM), Commission on Human Rights of the
Philippines (CHRP), and the National Human Rights Commission of Thailand (NHRCT).
The members of the SEANF are coincidentally from the same four nations whose
government representatives are serving on the Drafting Committee. Two of the
SEANF members (KOMNAS-HAM and CHRP) are from countries that primarily send
migrant workers abroad, while the other two members (SUHAKAM and NHRCT) are
from countries that chiefly receive migrant workers from other countries. The SEANF
participated in highly fruitful exchanges between the representatives of governments
and ASEAN civil society at the ASEAN Forum on Migration hosted by the Thai Ministry
of Labour on July 30-31, 2009, in Bangkok.
The SEANF strongly believes that the human rights perspective should be at the center
of the policy discussions and drafting of the ASEAN Instrument to protect the rights
of migrant workers. With their expertise in human rights and thorough knowledge
of the context of ASEAN and its nations, the SEANF members are uniquely positioned
to constructively contribute to this policy dialogue. Therefore, the SEANF sincerely
desires to play a central role in an ongoing process of consultation with the ACMW,
representing the governments of ASEAN, and ASEAN civil society organizations.
The SEANF notes that Navanethem Pillay, the UN High Commissioner on Human
Rights, has designated “human rights in the context of migration” as a global human
rights priority by making it one of the thematic priorities in the OHCHR’s work in
the period 2010-2011. Specifically, the OHCHR plans to dedicate special focus to
supporting the protection of migrants’ economic, social and cultural rights, and
combating abuses such as discrimination and exclusion, criminalization of irregular
migrants and conditions of detention that violate their basic human rights 2. The High
Commissioner is also strongly urging all member states to accede to the International
2 United Nations High Commissioner on Human Rights, “Statement by Ms. Navanethem Pillay UN
High Commissioner for Human Rights: Briefing to Member States on the Strategic Management
Plan 2010-2011”, November 17, 2009, p. 4
11