SEANF Paper on Migrant Workers The SEANF believes that the Instrument should comply with all the major international human rights treaties and relevant ILO Conventions, thereby guaranteeing migrants’ rights to freedom of movement, freedom of association and collective bargaining, right to work freely chosen, and freedom from forced labour and human trafficking. A strong section in the Instrument should focus on building strong regional antitrafficking response through a network of national focal points that will prevent trafficking, prosecute traffickers, and protect, through a victim-centric approach, the interests of the victims. The SEANF also proposes that the Instrument include rights for migrant workers based on international human rights standards like the CRC, CEDAW, ICESCR and ICCPR including freedom of thought and religion; right to health care and education; right to marriage and a family; adequate and hygienic housing; and access to legal assistance and redress through the judicial system. Among other policy recommendations, the SEANF also calls for special protections for migrant domestic workers and sanctity of workers documents to be kept by the workers. The SEANF also proposes that the drafters of the ASEAN Instrument also include other tools to protect and promote the rights of migrant workers, including model worker contracts, strict regulation of labour recruitment firms, one-stop service centers for approvals, and effective cooperation between states, and with ASEAN civil society organizations. The SEANF seeks to cooperate on migrant issues with the ASEAN Inter-Governmental Commission on Human Rights (AICHR) and has a set of recommendations for AICHR’s work in this area. The SEANF found that AICHR should use its authority to request information from member states about their migration policies and conduct a thematic study on abuses of human rights during the migration processes in the ASEAN region. AICHR should also launch a consultative process to build public awareness about human rights and migration. For the four member states, some of the recommendations made by the SEANF are: Indonesia • • 6 To ratify the ICRMW (which Indonesia has already signed). Amend Law 39/2004 “Concerning Placement and Protection of Indonesian Workers”, and review and revise all labour laws to bring them into line with ILO and UN standards.

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