The ILO Multilateral Framework on Labour Migration MLF With special reference to Asia Regional Sympo

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The ILO Multilateral Framework on Labour
Migration (MLF) With special reference to Asia
Regional Symposium on Deployment of Workers
OverseasDhaka, 15-16 July 2008 Ibrahim Awad
DirectorInternational Migration Programme

• 15 July 2008

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Structure of the Presentation

• Main features of Asian labour migration
• Issues of governance and protection in Asia
• Features of MLF
• ILO Rights- Based approach to labour migration
• Highlights of MLF relevant to Asia Main MLF
  principles and guidelines in selected areas
• Actions taken and Follow up
• Relevant documentation

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Main features of Asian labour migration

• Temporary labour migration on short-term
  contracts
• High share of female workers feminization of
  Migration
• Recruitment process dominated by private agencies
• High need of low skilled migration
• Concentration of flows to the Gulf countries,
  especially from South Asia
• Increasing migration between countries in other
  sub-regions
• High incidence of irregular migration
• trafficking

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Issues of governance and protection in Asia

• Exploitation and abuse of migrant workers in both
  origin and destination countries
• Specific problems of women domestic workers
• Growth of irregular migration
• Smuggling and trafficking
• Skill exodus or Brain drain
• Recruitment fraud and malpractices

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The MLF

• The MLF is the centrepiece of the Plan of Action
  called by the 92nd Session of the International
  Labour Conference on migrant workers.
• The ILC adopted a Resolution on a Fair deal for
  migrant workers in the global economy, which
  called for an ILO Plan of Action, containing
  seven demands covering all ILO Mandate.
• The MLF
• Non-binding principles and guidelines for a
  rights-based approach to labour migration adopted
  in November 2005 by tripartite experts and
  endorsed by Governing Body in March 2006.

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Rationale for the MLF

• Increasing complexity on Labour Migration
• Emergence of issues after the adoption of the ILO
  conventions (97 and 143) and recommendations
• Need of new tools for the governance of
  International Labour Migration
• Greater role of private sector and private
  employment services
• Feminization of labour migration
• Growth of irregular migration
• Proliferation of temporary labour migration
  schemes
• Growing emphasis on migration-development nexus

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MLF Themes

• Decent work
• Means for international cooperation in labour
  Migration
• Global knowledge base
• Effective management of labour migration
• Protection of migrant workers
• Prevention and protection of abusive practices
• Promotion of orderly and equitable process of
  labour migration
• Promotion of social integration and inclusion
• Contribution of Labour Migration to development

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ILO Multilateral Framework on Labour Migration
(MLF) - Objectives

• More effective governance and management of
  labour migration
• Improved protection for migrant workers
• Promoting migration-development linkages
• Reinforcing international cooperation and
  multilateral processes.
• Downloadable from http//www.ilo.org/public/engli
  sh/protection/migrant/download/multilat_fwk_en.pdf
  

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ILO MLF - Features

• A framework of non-binding principles,
  guidelines and good practices
• Serves as a tool kit for guiding national
  migration policies and practices
• Provides a checklist to assess current policies
  and practices
• Presents a wide set of policy options to
  constituents
• Recognizes state sovereignty over migration
  policy
• 15 broad principles with corresponding guidelines
  
• Annex of 132 best practices

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ILO MLF - Features

• Comprehensive collection of principles and
  guidelines on labour migration policy.
• Negotiated and adopted by representatives of
  tripartite constitutes.
• Social partnership participation in formulation
  and implementation of migration policy.

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The MLF a Rights-based approach

• The MLF is rights-based
• Principles includes
• Fundamental rights for migrant workers
• Human rights of Migrant workers irrespective
  their migratory situation
• Rights-Based recruitment process
• Rights of migrant workers in the workplace

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Status of ratification of International labour
migration instruments in Asia

• ILO Convention No. 97 Malaysia (Sabah) (1964)
  New Zealand (applies to Hong-Kong SAR) (1950)
• ILO Convention No. 143 Philippines only (2006)
• International Convention on the Protection of the
  Rights of all Migrant Workers and their Families,
  1990
• Philippines (1995) Sri Lanka (1996) Timor Leste
  (2004)

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Use of MLF

• The MLF can guide national policies and practice
  in the context of low ratifications
• As a checklist an reference to assess existing
  legislation, policies and practices
• In negotiating agreements on labour migration
• In developing declarations or instruments at the
  regional and sub-regional levels
• For trade unions, as a resource to protect
  workers and lobby on migrants rights.
• For employers, on hiring migrant workers and
  ensuring proper treatment
• For migrant workers, to learn and campaign about
  their rights

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Highlights of MLF relevant to Asia

• Guideline 4.5 Ensuring that labour migration
  policies are gender-sensitive
• Principle 5 Expanding avenues for regular labour
  migration should be considered, (e.g. market
  needs and demographic trends)
• Principle 6 Social dialogue
• Principle 11 Preventing abusive practices,
  (smuggling trafficking irregular labour
  migration
• prohibiting the retention of identity documents
• Principle 12 in planning and preparing for
  labour migration
• Principle 13 Licensing and supervising
  recruitment and placement services
• Many good practices drawn from Asia
  Philippines, Malaysia, Thailand, Cambodia, Lao
  Peoples Democratic Republic

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• MLF principles and guidelines selected areas

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MLF on women migrant workers

• Principle 12 An orderly and equitable process
  of labour migration should be promoted in both
  origin and destination countries to guide men and
  women migrant workers through all stages of
  migration...
• Gender-sensitivity and specific labour migration
  policies
• Protection on Domestic workers not covered by
  labour law.
• To warn potential victims of traffickers
• Assistance to victims of abuses and malpractices

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MLF on workers in irregular status and trafficking

• Principle 8 The human rights of all migrant
  workers, regardless of their status, should be
  promoted and protected. ()
• Protect all migrant workers by national laws and
  practice (e.g. Debt bondage and trafficking)
• Ensure payment and employment benefits
• Impose sanctions against responsible for abusive
  practices.
• Adopt and implement legislation and policies to
  prevent irregular and to eliminate abusive
  migration conditions

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MFL on Recruitment and placement services

• Principle 13 To licensing and supervising
  recruitment and placement services for migrant
  workers in accordance with the Private Employment
  Agencies Convention, 1997 (No. 181), and its
  Recommendation (No. 188).
• Standardized system of licensing or
  certification
• Understandable and enforceable contracts
• No recruitment for risky jobs
• Deter unethical practices
• No placement fees charged to migrant workers
• Incentives for good performance.

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Dialogue with a particular region of destination
the GCC countries

• Abu Dhabi Declaration (Abu Dhabi Dialogue-Colombo
  Process (22-24 June 2008)
• Gulf Forum on Labour Migration (ILO-UAE) (21-22
  June 2005)

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Gulf Forum on contractual labour mobility
Recommendations inspired by MLF

• Counseling programmes for contractual workers
• Ensure that recruitment agencies in both national
  laws
• Enhance partnerships between countries
• Ensure that the workers are protected against
  recruitment malpractices
• Uphold the protection of workers in periods of
  temporary residence, (e.g. health and safety,
  accommodation, decent work environment and
  protection of wages and well informed)
• Facilitate the engagement of civil society in
  countries of destination (e.g. networking between
  NGOs in countries of origin and destination)

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MLF follow-up in Asia

• ILO ROAP Regional Action Plan On Labour Migration
  And Decent Work Country Programmes
• Migration policy advisory work Afghanistan,
  Cambodia, Nepal and Sri Lanka
• Mobilising support of regional social partners
  and civil society (e.g. Asean Trade Union
  Council, South Asian trade unions, Migrant Forum
  in Asia, WARBE and RMMRU (Bangladesh))
• ILO support to ASEAN Migration Forum

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Relevant documents

• ILO report prepared for the discussion A fair
  deal for migrant workers in the global economy
• http//www.ilo.org/public/english/standards/relm/i
  lc/ilc92/pdf/rep-vi.pdf
• Report of the Committee on Migrant Workers
• http//www.ilo.org/public/english/standards/relm/
  ilc/ilc92/pdf/pr-22.pdf
• ILO Multilateral Framework on Labour Migration
  http//www.ilo.org/public/english/protection/migra
  nt/download/multilat_fwk_en.pdf
• Note on the Proceedings Expert Group Meeting on
  the ILO Multilateral Framework on Labour
  Migration
• http//www.ilo.org/public/english/standards/relm/g
  b/docs/gb295/pdf/tmmflm-2.pdf

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• Thank you for your kind attention
• migrant_at_ilo.org