Despite the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, member countries still continue to violate workers' rights, particularly Malaysia. Find out the struggles faced by the Asian migrants at present.

Despite having signed a declaration at the 12th Association of Southeast Asian Nation (ASEAN) Summit in January that recognises the contributions of migrant workers and the need to address the abuses against them, some members still violate the rights the document vows to protect, advocacy groups say.

At a forum recently held at the University of the Philippines, Migrant Forum in Asia regional coordinator Ashley William Gois called the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers “regressive,” citing the imposition of harsher restrictions by Malaysia on its 2.8 million foreign workers.

“By now we should be talking about what work has been done,” Gois said. “The declaration is very regressive considering the human rights violations committed by governments.”

To view full text of the declaration, visit <http://www.aseansec.org/19264.htm>.

A form of slavery

Last month, Malaysia announced plans to introduce new legislation that would confine migrants to their workplace or living quarters. Malaysia Deputy Prime Minister Najib Razak cited the rising incidents of crimes committed by foreigners that led to the proposal of the legislation.

The US-based Human Rights Watch (HRW) and other advocacy groups considered the plan a violation of the migrant workers’ right to freedom of movement, putting them at risk for other abuses.

Unbelievable

“The plan discriminates and promotes prejudice against migrant workers…it is unbelievable,” Irene Fernandez, executive director of Tenaganita, an NGO helping migrant workers, said. “These measures are against international labour rules and codes.”

The proposed legislation, set to be tabled this month, makes matters worse for migrant workers, says Nisha Varia, HRW’s senior researcher on women’s rights in Asia. “It is shocking that Malaysia is even considering a proposal that would give employers freedom to lock up workers,” she added.

Inhuman conditions

Despite the inhuman conditions of migrant workers in Malaysia—cramped and deplorable living quarters; barred from opening bank accounts, or changing jobs; being constantly stopped, questioned, and arrested—workers continue to flock to Malaysia from neighbouring countries. Approximately 65% of these workers are Indonesians, followed by Bangladeshis, Nepalis, Indians, and Vietnamese.

To regulate the migration of these domestic workers, Indonesia and Malaysia signed a Memorandum of Understanding (MOU) in May last year. There are positive measures in the MOU that protect against cutting workers’ salaries to repay fees borne by the employer, but according to the HRW, there are still a number of gaps that need to be addressed.

The HRW recommends in a report that the MOU be reformed to include
- equal protection for migrant workers under Malaysia’s labour laws;
- the right to hold their own passports;
- clear mechanisms to provide timely remedies for in cases of abuse, and sanctions for employers and labour agents who commit these abuses;
- regulations governing recruitment agencies; and
- the protection of workers' ability to form associations and unions.

In addition, the MOU should also ensure that minimum labour protections be given to migrant workers, including one day-off a week, minimum wage, a limitation on the number of working hours per week, benefits, and the provision of safe working conditions.

Dirty, dangerous, and difficult

Majority of Asian migrant workers fulfil the 3D (dirty, dangerous, and difficult) jobs shunned by locals. These include jobs in the agriculture sector, construction, manufacturing, cleaning, and catering, or in homes as domestic servants.

Between 1995 and 2000, 40% of the 2.6 to 2.9 million Asian migrant workers (registered and undocumented) went to other Asian countries. The most important Asian receiving countries include Japan, Taiwan (China), the Republic of Korea, Hong Kong (China), Singapore, Malaysia, and Thailand.

Sources:
“ASEAN leaders sign accord to protect millions of migrant workers” from Asian Economic News, posted on January 15, 2007, <http://www.findarticles.com/p/articles/mi_m0WDP/is_2007_Jan_15/ai_n17136278>.
“ASEAN members violating declaration on migrant workers” from Asian Journal, posted on February 22, 2007, <http://www.asianjournal.com/?c=186&a=18298>.
“Facts on labour migration in Asia” from International Labour Organisation, August 2006, <www.ilo.org/public/english/bureau/inf/download/factsheets/pdf/14asrm/migration_asia.pdf>.
“Indonesia, Malaysia: Overhaul labour agreement on domestic workers” from Human Rights Watch, February 22, 2007 <http://www.alertnet.org/printable.htm?URL=/thenews/newsdesk/HRW/8befc926bad001d940bcfd30b924d401.htm>.
“Plan to confine migrant workers slammed” from Inter Press News Agency, posted on February 27, 2007, <http://ipsnews.net/news.asp?idnews=36733>.

 FYI: Facts on labour migration in Asia

- The global trend towards the feminisation of labour migration is clearest in Asia. In the Philippines, Indonesia, and Sri Lanka, women account for 60 to 80% of those seeking work abroad. Most female labour migration is still focused on a limited number of occupations, notably domestic work and the entertainment industry.

- The Philippines remains the largest supplier of labour but new countries, like Mongolia and the Islamic Republic of Iran, are becoming labour exporters.

- In 2003, combined remittances from migrants to Asian sending countries were estimated at more than US$40 billion. In 2004, India alone received some US$23 billion and the Philippines US$8 billion. These remittances made up a significant share of GNP—8.6% in the Philippines, 7% in Pakistan, 6.5% in Sri Lanka, 6% in Bangladesh, 4.7% in Indonesia, 3.1% in India, and 1.8% in Thailand (2002-2003 figure).

Source: “Facts on labour migration in Asia” from International Labour Organisation, August 2006, <www.ilo.org/public/english/bureau/inf/download/factsheets/pdf/14asrm/migration_asia.pdf>.