Promoting migrant workers rights in asia pacific
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Promoting Migrant Workers Rights in Asia & Pacific. ILO/TURIN, Feb. 07. Pong-Sul Ahn Sr. Specialist on Workers’ Activities ILO SRO-New Delhi [email protected] Trends and Characteristics of Out-migration. Nos. of Migrant Workers in the Receiving Countries in Asia.

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Promoting migrant workers rights in asia pacific

Promoting Migrant Workers Rights in Asia & Pacific

ILO/TURIN, Feb. 07

Pong-Sul Ahn

Sr. Specialist on Workers’ Activities

ILO SRO-New Delhi

[email protected]


Trends and characteristics of out migration

Trends and Characteristics of Out-migration

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Nos. of Migrant Workers in the Receiving Countries in Asia

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Migrants’ remittances to Asian economies

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

  • 2.6 million Asian workers who left their home to work abroad between 1995 and 2000

  • Asian migrant workers represent any where from 40 to 60 percent of the labour force in the Gulf countries

  • Majority of out-migration from South Asia are the unskilled or semi-skilled

  • Skills development for a high quality of migration is necessary

  • A notable rise in the no. of Bangladeshi plantation workers in Malaysia, Sri Lankan domestic helpers in Singapore and Nepali construction workers in Republic of Korea

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

  • The region’s human resources are being allocated from less to more productive employment, contributing to

    - modernisation

  • Public health and education

  • Infrastructure development

  • Enhancing the integration of South Asia in the global production system

  • Labour migration has a large contribution to income growth than trade liberalisation

  • Commercialisation of migration processes

  • The social costs of out-migration is high

ILO Policies on Migration


Ilo multilateral framework

ILO Multilateral Framework

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Role for the ILO?

Migrants legally

employed

in Decent Work

Irregular status

Denial of basic

rights

Poor working

conditions

Market failure

(State policies)

Discriminatory

treatment

Forced labour

Market failure

(information)

Poverty &

unemployment

ILO Policies on Migration


A multilateral framework on migration

A Multilateral Framework on Migration

  • The mobility of labour is an int’l phenomenon, so there is a need to regulate it efficiently with an int’l framework

  • Managing migration is inherently a multilateral issue in the global economy.

  • Fair rules for trade and capital flows need to be complemented by fair rules for the cross-border movement of people. (World Commission on Social Dimension of Globalization)

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

  • Approved by ILO GB in 2006

  • Non-binding principles & guidelines for a rights-based approach to labour migration

  • To promote decent work through management of migration, promotion of documented migration, and protection of migrant rights.

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

  • Guidelines and principles cover

    • best practices and international standards

    • a support for governments and social partners to improve their migration policies

    • migration management and protection of migrant workers and their families

    • capacity building, awareness raising and technical assistance

    • assist in strengthening social dialogue

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

ILO Multilateral

Framework

Forced

labour

Social dialogue

working

conditions

Trade union/

employers

action

ILO’s

means of action

and areas

of competence

Protection

Health & safety

Employment

promotion

Skills training

occup standards

Social security

Gender

Regulating

recruitment

Child labour

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Policy Implications

No Forced labour

Equal treatment

Health & safety

Regular

admission

Policies legally

employing Migrants

in Decent Work

Social Security

Remittance

facility

Recognition of

qualifications

Regularization

of illegal

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Migration Management

anti

smuggling

trafficking

Regularization

of illegal

Migrants legally

employed

in Decent Work

Legal admission

programs

Bilateral

agreement

Regional

Cooperation

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Permanent

settlers

Migrants legally

employed

in Decent Work

Students

Professional

skilled

Guest workers

Project-tied

Seasonal

Domestics

ILO Policies on Migration


Aiming at

Aiming at

  • wider application of international labour standards

  • capacity building, awareness raising and technical assistance

  • assist in strengthening social dialogue.

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

  • to support governments and social partners to improve their migration policies

  • including migration management and protection of migrant workers and their families

  • strengthening social dialogue

  • Networking among social partners between labour sending and receiving countries

ILO Policies on Migration


Instruments of ilo and un

Instruments of ILO and UN

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

ILO Conventions on Migration

  • Migration for Employment Convention (Revised), 1949 (No. 97)

    • Migration for Employment Recommendation (Revised), 1949 (No. 86)

  • Migrant Workers (Supplementary Provisions)

    Convention, 1975 (No. 143)

    • Migrant Workers Recommendation, 1975 (No. 151)

    • Migrant Workers (Supplementary Provisions)

      1990 UN Convention on Protection of Migrant Workers and members of their families

ILO Policies on Migration


No 97 migration for employment convention revised 1949

No. 97 Migration for Employment Convention (Revised), 1949

  • To facilitate the movement of surplus labour

  • To protect workers from discrimination and exploitation while employed in receiving countries

  • Deals with regular migrant workers, i.e.

  • - not issue / renewal of residence or work permits

ILO Policies on Migration


No 97 migration for employment convention revised 19491

No. 97 Migration for Employment Convention (Revised), 1949

  • To facilitate the movement of surplus labour

  • To protect workers from discrimination and exploitation while employed in receiving countries

  • Deals with regular migrant workers, i.e.

    - not issue / renewal of residence or work permits

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

  • General protection provisions, e.g.

    • the maintenance of appropriate medical services

  • Equality of treatment between migrant workers and nationals as regards laws and administrative practices on

    • Employment and employment taxes

    • living and working conditions

    • social security

    • access to justice

ILO Policies on Migration


Ilo con no 143 1975 on migrant workers

ILO Con No. 143 (1975) on Migrant Workers

  • Protects migrant workers in abusive situation (irregular workers included)

  • Affirms the basic human rights of all migrant workers, including the right of equal treatment and equal opportunities for migrant workers

  • Extends protection to undocumented or irregular workers

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

R = Have already Ratified

Yes = intend to ratify

No = do not intend to ratify

ILO Policies on Migration


Un convention migrants rights

UN Convention Migrants Rights

  • Protection of the Rights of All Migrant Workers and Members of Their Families

  • Partly based on the ILO Conventions.

  • (if ratified) the Convention

    • protects migrant workers from exploitation and abuse

    • guarantees their rights to trade union representation

    • safeguards freedom of expression and political participation

ILO Policies on Migration


Ilo fundemental conventions

ILO Fundemental Conventions

  • Freedom of Association and the Protection

    of the Right to Organize Convention, 1948 (No. 87)

  • Right to Organize and Collective Bargaining Convention, 1949 (No. 98)

  • Forced Labour Convention, 1930 (No. 29)

  • Abolition of Forced Labour Convention, 1957 (No. 105)

  • Minimum Age Convention, 1973 (No. 138)

  • Worst Forms of Child Labour Convention, 1999 (No. 182)

  • Equal Remuneration Convention, 1951 (No.100)

  • Discrimination (Employment and Occupation) Convention, 1958 (No.111)

ILO Policies on Migration


Ilo conventions related to migration

ILO Conventions related to migration

  • Safety and Health in Agriculture Convention, 2001 (No. 184).

  • Occupational Health Services Convention, 1985 (No. 161)

  • Occupational Safety and Health Convention, 1981 (No. 155)

  • Private Employment Agencies Convention, 1997 (No. 181)

  • Protection of Wages Convention, 1949 (No. 95)

  • Working Conditions (Hotels and Restaurants) Convention, 1991, (No. 172)

  • Labour Inspection Convention, 1947 (No. 81),

  • Plantations Convention, 1958 (No. 110)

  • Equality of Treatment (Social Security) Convention, 1962 (No. 118)

  • Maintenance of Social Security Rights Convention, 1982 (No. 157)

  • Employment Policy Convention, 1964 (No. 122).

  • Minimum Wage Fixing Convention, 1970 (No. 131)

  • Safety and Health in Construction Convention, 1988 (No. 167)

ILO Policies on Migration


Other initiatives for protecting migrants workers

Other Initiatives for Protecting Migrants Workers

ILO Policies on Migration


International migrants day

International Migrants Day

  • 18th December, declared by UN in 2000

  • A day of Solidarity with the Migrants - to acknowledge the contributions of migrants to world economy and promote respect for their basic human rights.

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

Regional Trade Unions, Migrant Worker Organizations, Human Rights & Development NGOs

ILO Policies on Migration


Promoting migrant workers rights in asia pacific

ILO Policies on Migration


Model cases of union action

Model Cases of Union Action

  • FKTU & KCTU in Korea

  • GEFONT In Nepal

  • MTUC in Malaysia

  • National Workers Federation in Sri Lanka

ILO Policies on Migration


Role of trade unions

Role of Trade Unions

  • Awareness-raising and advocacy

  • Sharing information

  • Collecting best practices on legal protection and social protection

  • Launching ratification campaigns for ILO conventions

  • Organising the migrant workers

  • Providing helpline and legal services

  • Networking between trade unions in both sending and receiving countries

  • Providing pre- and post-departure training

ILO Policies on Migration


Thank you

THANK YOU

ILO Policies on Migration


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