intra-asean migration (1).pdf

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International Organization for Migration

Intra-ASEAN Migration:

Challenges and Good Practices forReplication

Presented at the Talking ASEAN DiscussionSeries of the Habibie Center, Jakarta

11 December 2013

13/12/2013


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ASEAN and labour migration

Currently, 40% of 14 million migrant workers from AMS work in anotherAMS.

Increasing recognition of labour migration by ASEAN as key component of

its socio-economic development, competitiveness and integration

Labour migration integrated in 2 ASEAN Blueprints:

Economic Community Blueprint > increased free flow of skilled labour > MRAsfor 7 sectors: engineering, nursing, architecture, quantity surveying, medical,

dental and accountancy

Socio-Cultural Community Blueprint > protection and promotion of the rightsof migrant workers > adoption of Declaration and set up of ACMW whichmeets annual through the AFLM.


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Implication for labour migration

management Need for more multi-sectoral dialogue

Need for more data and information-sharing on labourmarket supply and demand

Skill standardisation, skill development and skill

recognition Social security benefits (e.g. portability of pension

rights)

Need for more development-driven migration policies

that promotes skills transfer and productive use ofremittances; while preventing brain drain

Need for more protection both in sending andreceiving countries, esp. for low-skilled workers


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Good Practices of Colombo Process MS

-CP set up in 2004 with support of IOM

11 CPMS: Afghanistan, China, India, Indonesia,Nepal, Pakistan, the Philippines, Sri Lanka,

Thailand and Vietnam. Observer: Malaysia

Areas fo focus:1. Legislation, policy and institutions2. Pre-deployment support

3. Managing the recruitment market4. Welfare support for migrant workers5. Post-deployment support


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Good Practices of ASEAN MS

Objective: take stock

of progress on

recommendations of

previous 3rd& 4th

AFLM

Presented at the 5th

AFLM, 2012


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Legislation, policy and institutions 8 CP countries amended existing regulations or adopted new legislation on

labour migration in line with international standards > focus on:

1. increasing the monitoring or mandatory licensing of recruiters

2. improving welfare support and protection of migrant workers > e.g. Philippines: Amended in 2010 Act

1995 on MW, imposing protection guarantees on destination counties (labour and social laws accessible

by MW as well, signatory/ratification of multilateral conventions or MOUs with Philippines).

7 CP countries created new government structures dedicated to manage

labour outflow and the welfare of overseas migrants.

10 CP countries have signed additional 59 BAs and MoUs with destination

countries since 2005:

1. Enhance transparency

2. Indication of increased recognition by countries of origin and destination that

effective LM management requires cooperation


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High level of ratification of ILO fundamental conventions (esp. C29 Forced Labour,C98 Collective Bargaining, C138 Minimum Age, C182 Child Labour) and UNConventions among ASEAN MS

Palermo Protocol ratified by 6 AMS

Source: ILO Background Paper, 2012


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Pre-recruitment informationExamples:

Free Pre-Employment Orientation Seminar (PEOS) by POEA

(Philippines) Safe migration Community Information and Public Campaigns

(Indonesia)

Objectives:

Help communities at large and prospective migrants to take

informed decisions, build realistic expectations of migration,

anticipate risks and challenges throughout the migration process.

Preventive measure against illegal recruitment

Innovative elements:

Use of different media: website, facebook, print materials, TV andradio shows, documentary, local culture performances, etc.

Incite prospective migrants to seek information Reach out community leaders and key household decision-makers as

key Safe Migration community focal points (Indonesia, Cambodia)

Include financial literacy information > joint decision by candidatemigrants and families on wise saving/investment plans and the useof best remittances option


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Migrant Resource Centres (MRCs)

Function:

Provide pre- and/or post-deployment support services to prospective

migrants, migrants and families

Services: group information or individual counselling on migration opportunities, schemes, procedures,costs and remittances options; selection/recruitment; medical check-up; language training and cultural pre-departure orientation; consular services; reintegration counselling and referral.


Use of different communication media/channels: walk-in, telephone, email, website (Nepal, Philippines,Indonesia), sms (Philippines), community information sessions

Some embedded within existing government structures (Bangladesh, Nepal); others set up in partnershipwith CSOs > avoid duplication of efforts and resourcesComplain referral mechanism: Free 24/7 hotline, also accessible by migrants abroad (India, Philippines)

Provide information in various dialect (India)

Decentralize to provinces/districts (India (Delhi, Kochi, Hyderabad), Nepal (Jhapa, Chitwan), Philippines (inlocal government level services).

Examples:

Philippines, India, Nepal, Bangladesh, Vietnam,LPDR, Cambodia (with support from IOM and ILO).


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Pre-departure informationObjective:

to ensure that all departing migrant workers are informed of the laws andregulation in destination country, rights and obligations of both the employerand employee, potential risks while abroad, banking/remittances options,available support services for migrants (including diplomatic missions).

Example:

By law , 9 out of 11 CP countries require all migrants to attend pre-departureorientation

Pre-departure orientation in CP MS


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Pre-departure information


Country-specific information materials/sessions for certain countries ofdestination (Philippines, Indonesia, Sri Lanka Cambodia)

Make the training free, subsidized or paid by the employer (Philippines,Nepal, Indonesia)

Provide information in local dialect (Pakistan, Philippines, Sri Lanka)

Partnership with NGOs acrredited by the Government (Philippines,Bangladesh)

Test/Examination (China)

Include family members (Sri Lanka)

Only migrant workers who have pre-departure orientation certificateare issued a migrant worker ID card and allowed to depart. (Indonesia)


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Managing the recruitment market

place


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Regulating recruitment by private sector

Licensing scheme > 10 of 11 CP countries have adopted licensing scheme to assess credentials of applicant

recruitment agencies and regulate private recruitment agencies activities. Licensing also applies to agents

working for recruitment agencies (Indonesia)

Spot inspections of licensed recruitment agencies.

Co-employers > Make recruitment agencies jointly liable with employer for any violation (Philippines)

Partner agency, job orders and contracts validated by diplomatic mission (Indonesia, Philippines and Sri Lanka)

Install a placement fee cap (Philippines > not more than 100% of migrants one month salary.

Seafarers/Domestic workers are exempted).

Use of Standard Placement Agreement signed between migrant worker and recruiter (Indonesia)

Use of Standard Work Contract with set minimum wage requirements and other work conditions; and signed in

front of government officials (Sri Lanka, Indonesia)

Use of computer-based integrated information system to track down inconsistencies throughout recruitment

cycle.


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Government-run recruitment process

1. Thailand >TOEA recruiting for private foreign employers interested employers should apply to TOEA (need to provide business

registration permit, standard contract). If approved, employer registered to

TOEA and has access to TOEAs pool of registered workers.

2. SouthKorea > Employment Permit System (EPS)

15 source countries, including 10 CP MS / 6 ASEAN MS

Recruitment and placement process conducted by government affiliated

agency or selected private agencies in both South Korea and source country.

Reduced recruitment fee > publicly announced.

Apply standard selection criteria, terms of contract, migration costs and

skills/language requirements.

Use of standard contract for all source countries: guaranteed same rights as

Koreans, receive health insurance, industrial accidental compensation and a

guaranteed minimum wage.


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Welfare support for migrant

workers

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Insurance & Welfare fund

Most CP MS make it compulsory by law.

Financed by migrant workers, recruiter and/or employer. Sometimes

government subsidies (Thailand, Vietnam)

Cover: pre-departure orientation, loans, emergency shelter, health costs,legal aid, repatriation.


Reintegration assistance (livelihood support, entrepreneurship/vocational

training)

Family support of deceased worker

Scholarship for children of migrant workers (Pakistan, Sri Lanka, Philippines)


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Diplomatic mission services

9 of 11 CP countries have welfare and/or labour attachs responsible to

assist distressed workers.

Source: ILO

Background Paper,

2012


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Host country services Post-arrival orientation programme for migrant workers: Settling in

Programme (Singapore) > provide information in English or nativelanguage on: living and working safely in SING, workers rights &responsibilities, conditions of employment, relationship and stressmanagement, available support services.

Information for employers: FDW Employers Orientation Programme forfirst time employers and employers changing FDWs more than 4 x per year(Singapore)

MRC (Thailand, Singapore, Malaysia): provide information, counselling andlegal assistance; outreach to migrant communities through CSO/religious-based organizations.

Complain mechanism: government-run toll-free helpline and pre-paidenvelops available (Singapore, Malaysia )

Promoting positive image of migrant workers: Embracing Differencesroadshows (Singapore)


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Post-deployment support


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Reintegration assistanceObjective:

Address migrants economic and psychosocial reintegration needs upon return

from overseas.

Examples:

Provide counseling on or preferential access to start-up investment, esp. in ruralareas (India, Pakistan, Thailand)

Offer loans, entrepreneurship and/or vocational training for new businesses by

local governments (Indonesia, India, Philippines) Offer job hunting support (Philippines, Vietnam)

Offer follow-up legal aid and medical support

Innovative element:

Tailored to needs of migrant women (Nepal)

Skills trainings and orientation sessions on saving and investment plans prior toreturn (Philippines, Indonesia in HK)

Involvement of migrants families

Facilitate group-based initiatives among returning migrants: Pasar TKI (Indonesia)

Partnership with civil society

Partnership with private sector


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Thank You!

Kartini [email protected]
mailto:[email protected]:[email protected]

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