International Organization for Migration

Intra-ASEAN Migration:
Challenges and Good Practices for
Replication

Presented at the Talking ASEAN Discussion
Series of the Habibie Center, Jakarta
11 December 2013

13/12/2013
ASEAN and labour migration

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

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 > MRAs
for 7 sectors: engineering, nursing, architecture, quantity surveying, medical,
dental and accountancy

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


Implication for labour migration
management
Need for more multi-sectoral dialogue
Need for more data and information-sharing on labour
market 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 of
remittances; while preventing brain drain
Need for more protection both in sending and
receiving countries, esp. for low-skilled workers

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 institutions
2. Pre-deployment support
3. Managing the recruitment market
4. Welfare support for migrant workers
5. Post-deployment support





Good Practices of ASEAN MS
Objective: take stock
of progress on
recommendations of
previous 3
rd
& 4
th

AFLM

Presented at the 5
th

AFLM, 2012
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

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

Palermo Protocol ratified by 6 AMS

Source: ILO Background Paper, 2012
International Organization for Migration
Pre-deployment support

Pre-recruitment information
Examples:
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 and
radio 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 candidate
migrants and families on wise saving/investment plans and the use
of best remittances option


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.

Innovative elements:
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 partnership
with CSOs > avoid duplication of efforts and resources
Complain 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 (in
local government level services).



Examples:
Philippines, India, Nepal, Bangladesh, Vietnam,
LPDR, Cambodia (with support from IOM and ILO).
Pre-departure information
Objective:
to ensure that all departing migrant workers are informed of the laws and
regulation in destination country, rights and obligations of both the employer
and 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-departure
orientation

Pre-departure orientation in CP MS

Pre-departure information
Innovative elements:
Country-specific information materials/sessions for certain countries of
destination (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 certificate
are issued a migrant worker ID card and allowed to depart. (Indonesia)

International Organization for Migration
Managing the recruitment market
place

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.
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. South Korea > 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.

International Organization for Migration
Welfare support for migrant
workers

13/12/2013
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.


Innovative elements:
Reintegration assistance (livelihood support, entrepreneurship/vocational
training)
Family support of deceased worker
Scholarship for children of migrant workers (Pakistan, Sri Lanka, Philippines)

Diplomatic mission services
9 of 11 CP countries have welfare and/or labour attachs responsible to
assist distressed workers.








Source: ILO
Background Paper,
2012
Innovative elements:

Registration: Monitor migrant workers place and accommodation

Post-arrival orientation programme: Welcoming Programme in HK and
Taiwan (Indonesian Consulate & Chamber of Commerce); PAOS (Philippines
diplomatic mission)

Monitor migrants workplace

Provide shelter, jail and hospital visits

Use of hotline numbers

Labour Attachs training: gender-sensitive, victim-sensitive, mental health,
negotiation and communication skills, etc.

Use of female Labour Attachs

Regular Labour Attaches meetings to share challenges and good practices

Partnering with civil society to reach out to migrant communities

Host country services
Post-arrival orientation programme for migrant workers: Settling in
Programme (Singapore) > provide information in English or native
language on: living and working safely in SING, workers rights &
responsibilities, conditions of employment, relationship and stress
management, available support services.

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

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

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

Promoting positive image of migrant workers: Embracing Differences
roadshows (Singapore)



International Organization for Migration
Post-deployment support
Recovery support
Objective:
Address the immediate needs of returning migrants

Example:
Victim identification and referral upon arrival (BNP2TKI Indonesia)

Innovative elements:
Partnership with civil society and IO for screening
Provide in-situ medical check and insurance claim services
Cover medical costs
Partnership with other government services for follow-up
assistance
Set up of contingency fund for mass return (Indonesia, Philippines,
Vietnam)
Reintegration assistance
Objective:
Address migrants economic and psychosocial reintegration needs upon return
from overseas.

Examples:
Provide counseling on or preferential access to start-up investment, esp. in rural
areas (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 to
return (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
Way Forward
Building on progress already made through more rigorous law-
enforcement, implementation and monitoring.

Conducting evaluation and, improving or up-scaling current efforts
through government capacity building and greater budgetary resources

Expand efforts to accommodate needs of undocumented migrant
workers, and step up reintegration support for returning migrants

Fostering greater partnership with non-state actors

Enhance engagement with private sector towards ethical recruitment

Continue dialogue and sharing good practices (AFLM, Colombo
Process,..)

Conduct research for better informed and evidence-based policing-
making

Thank You!
Kartini Pouchous
kpouchous@iom.int