By Shiwei Ye

Migrant workers
represent one of the most vulnerable and disenfranchised groups in the world.
Recognizing this acute vulnerability, in 1990 the UN General Assembly adopted
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families (ICRMW). In the 20 years since, while
some progress has been made to strengthen the protection regime at various
levels, in practice, migrant workers remain largely unprotected. This is
especially the case in the ASEAN (Association of Southeast Asian Nations)
region, where the Convention has been ratified by only one country (the
Philippines) and signed by just two others (Cambodia and Indonesia).

Many countries have adopted
restrictive policies on migration, but this often denies migrants the same
level of protection afforded to nationals. In Thailand alone, there is an
estimated 1 million undocumented workers, most of whom are low or unskilled
laborers. In the absence of adequate government oversight and effective
grievance systems, they are easily abused and exploited by unscrupulous
employers and recruitment agencies.

 

Because migration is
a transnational phenomenon, its regulation and the protection of migrants rely on
cooperation and coordination at the international, regional, sub-regional and
bilateral levels. Governments must ensure that all their laws, policies and
practices are consistent with international human rights laws and standards,
including the conventions of the International Labor Organization (ILO).

 

There are many
dialogue fora and intergovernmental processes to protect migrants’ rights at
various levels, but these are alphabet soups that risk irrelevance and may
become ritualistic talk shops — a criticism that has especially been leveled at ASEAN. ASEAN
countries need to move from words to action. The adoption of the ASEAN Charter
is a step in the right direction, as it moves ASEAN closer to becoming a
rules-based organization. In 2007, ASEAN also adopted the Declaration on the
Protection and Promotion of the Rights of Migrant Workers. Subsequently a
committee was formed to, among other things, draft an Instrument on the
Protection and Promotion of the Rights of Migrant Workers.

 

In order for such a
migrants’ rights convention to be effective, it must lay down the minimum
obligations of both labor-sending and labor-receiving states.

 

Labor-receiving
countries should eliminate discriminatory policies and afford equal treatment
to migrant workers. Laws on minimum wages, work safety, adequate healthcare,
contract standards, and protection and grievances mechanisms must also cover
and benefit migrant workers. Moreover, governments should ensure proper
oversight to ensure these laws are implemented and that migrant workers whose
rights are violated have access to justice.

 

Labor-sending
countries should help their nationals prepare for employment abroad through
training programs and legal awareness activities. These states must prepare
their embassies and consulates  in
labor-receiving countries to assist nationals whose rights are violated.
Governments must strengthen the regulation of recruitment agencies as well as
adequate complaint systems in order to prevent unlawful activities and abuses.

 

At the sub-regional
level, ASEAN should play a meaningful role in coordinating protection
activities and ensuring that regional human rights standards do not go below international
standards. In addition, the recently-established human rights entities within
ASEAN must overcome their weak initial mandate and over time develop stronger
protection tools, including the ability to receive, examine, and investigate complaints
about abuses.

 

Shiwei Ye is an activist based in Thailand.