and their families, regardless even if they are of irregular or undocumented status. Ratification by more states and especially of major destination countries could potentially start a process of improved treatment of all migrant workers. The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers agreed upon by ASEAN Heads of State in January 2007 is also potentially of great significance in defining the obligations of both the receiving and sending states, and in doing so can be an important concrete commitment by ASEAN countries in the protection and promotion of the rights of migrant workers. The bilateral agreements that the Philippines signs with countries receiving Filipinos are also potentiall)' meaningful although these are still with less than a third of the countries where overseas Filipinos are reported to be. These agreements are subject-specific deals on emplol,rnent. u'elfare, social security and seafarer credentials. The Philippine goveffrment's engagement with the UN Committee on Migrant Workers is also very positive with the UN treaty body serving as an effectir,e independent mechanism in which to hear the various stakeholders - i.e., migrant uorkers. nongovernment organizations, government including national human rights institutions - and that can come up with relevant and impartial recommendations aimed at improving government compliance with the Migrant Workers Convention. VII. Recommendations National and international migration policy must take place within a human rights framework that protects, promotes and fulfils the rights of migrant workers. Human rights standards in general as well as concerning migrants have been codified into international human rights law, through treaties and conventions, as well as incorporated ilto domestic law. These have been the foundation of many State efforts in the ASEAN region to reahze the civil, political, economic, social and cultural rights of migrants. And there has certainly been progress in the past decades. However there have also been efforts ostensibly to defend rights that have actually not led to greater protections and instead even gone against migrants' rights. For instance there has been the criminalization of victims such as of undocumented workers and trafficked women. Crackdowns on work places, tightening up on movement, and border controls may rather have effectively restricted the right of nationals to migrate. Other times, the impression of sufficient mechanisms and legal responses to migrants in crisis may have encouraged migration with the unintended result that increasing numbers of distressed migrants will be unaided upon the onset ofcrises. Arguably the most basic right of migrants is to be able to have decent work and livelihoods at home without having to seek these in other countries under likely very 54

Select target paragraph3