SEANF Paper on Migrant Workers
principles concerning the fundamental rights which are… freedom of association
and the effective recognition of the right to collective bargaining; the elimination
of all forms of forced or compulsory labour ; the effective abolition of
child labour ; and the elimination of discrimination in respect of employment
and occupation.” 8 The SEANF therefore recommends that the ASEAN Instrument
urge all the governments of ASEAN to ratify all eight core ILO Conventions 9,
and ensure that their national labour laws, especially those laws governing
migrant workers, are harmonized with the standards contained in those core
ILO Conventions.
12.
The SEANF proposes that the ASEAN Instrument should ensure the member
states of ASEAN to ratify ILO Conventions 97 and 143, the two key ILO conventions
related to migration.
C.
Right to freedom of movement
13.
The SEANF observes Article 12 of the ICCPR that provides the right of freedom of
movement to migrant workers 10 , and this right is reinforced by Article 39 of the
ICRMW. 11 The SEANF holds that ASEAN member states should guarantee the
rights of migrant workers to freedom of movement, especially the right to
leave their workplace or worksite during times outside of their regular working
hours, and urges the drafters of the ASEAN Instrument and the national member
states to ensure this right is protected. Workers should not have their freedom
of movement outside of working hours restricted as a condition of accepting
employer-provided accommodation.
8 ILO Declaration on Fundamental Principles and Rights at Work, adopted at the 86th session of the
International Labour Conference, Geneva, Switzerland, June 1998.
9 ILO Conventions 29, 87, 98, 100, 105, 111, 138, and 182.
10 Article 12 (1) of the ICCPR states “Everyone lawfully within the territory of a State shall, within
that territory, have the right to liberty of movement and freedom to choose his residence.”
11 Article 39 of the ICRMW says “Migrant workers and members of their families shall have the right
to liberty of movement in the territory of the State of employment and freedom to choose their
residence there.”
17