SEANF Paper on Migrant Workers
each of the five ASEAN member states that have not signed the COMMIT MOU 17
to publicly announce their willingness to sign and encourage other non
signatories to agree.
a.
The SEANF commends the signatory nations of the COMMIT MOU for
agreeing to a rights-based, victim-centric agreement to combat human
trafficking. In particular, the SEANF observes that COMMIT signatories
agreed that “trafficking is intensified by discriminatory attitudes,
practices, and policies based on gender, age, nationality, ethnicity,
and social grouping.” The signatories also affirmed the critical
importance of the UN Recommended Principles and Guidelines on
Human Rights and Human Trafficking (2002) which specify a clear
human rights centric approach to human trafficking.
G.
Right to freedom of thought, conscience, and religion
23.
The ASEAN Charter sets out in Article 2.2.l that one of its core operating principles
shall be “…respect for the different cultures, languages and religions of the
peoples of ASEAN, while emphasising their common values in the spirit of unity
in diversity.” The SEANF recommends that the drafters of the ASEAN Instrument
should ensure migrants have the right to peacefully practise their social, cultural
and religious beliefs, and that ASEAN member states should not impose
restrictions that obstruct the non-violent practice of those beliefs. The SEANF
also notes these rights are guaranteed by Article 18 of the ICCPR and Article 12(1)
of the ICRMW which provides that migrant workers and member of their families
have “the right to freedom of thought, conscience and religion.” 18
24.
The SEANF recognizes the sensitivity of ensuring positive interaction between
migrant workers and receiving communities, and believes that the governments
and other stakeholders (such as NHRIs, NGOs, and other civil society groups)
should work together to promote social integration and inclusion of migrant
17 ASEAN Member States that have not signed the COMMIT MOU are Brunei Darussalam, Indonesia,
Malaysia, the Philippines, and Singapore.
18 ICMRW article 12(1) continues “This right shall include freedom to have or to adopt a religion or
belief of their choice and freedom either individually or in community with others and in public or
private to manifest their religion or belief in worship, observance, practice and teaching.”
21