SEANF Paper on Migrant Workers
sexual harassment and other forms of physical and psychological abuses; long
hours with no holiday leave or over-time pay; and withholding of wages or
payment of sub-minimum wages. The SEANF notes that these practices violate
core provisions of ICESCR, ICCPR, CEDAW, and core ILO Conventions.
42.
The SEANF urges the ASEAN Instrument to ensure that “domestic work” is
recognized by all ASEAN member states as a form of work covered by the
national labour laws and therefore subject to all the protections and provisions
of those laws and regulations. At a minimum, migrant domestic workers must
have one day off every seven days and effective access to legal redress for
violations of their rights.
43.
The SEANF calls to the attention of ACMW Drafting Committee and the
Governments that the ILO is seriously contemplating for 2010 to develop a
specific new convention on protection of domestic workers. The SEANF
therefore reiterates the importance of including domestic work in the coverage
of any regional Instrument, and the national labour laws.
O.
Access to justice
44.
The SEANF notes that Article 14 of the ICCPR provides that “All persons shall
be equal before the courts and tribunals” and further enjoins justice systems to
make provisions for interpretation or translation and legal assistance.
45.
The SEANF recommends that the drafters of the ASEAN Instrument include
provisions calling for ASEAN member states to provide a channel for migrant
workers to lodge complaints about ill treatment, human rights abuses, and
violations of national laws.
46.
Specifically, the SEANF recommends that legal aid be made available by relevant
agencies to migrants in the communities where they live and work. Legal aid
officers must be able to converse and receive information from migrants in their
own language or through interpreters, have standing to represent migrant
workers in the courts, and be authorized to facilitate settlements between
the aggrieved migrant worker plaintiffs and defendants in line with the professed
preferences of the plaintiffs.
27