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

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