Jakarta, Nov 14 (Antara) - Indonesia and the Philippines of the Association of Southeast Asian Nations (ASEAN) are two largest migrant worker exporters which have been fighting for strong commitment to migrant worker protection.
Hence, during the 31st ASEAN Summit in Manila, the Philippines, Indonesian President Joko Widodo (Jokowi) encouraged members of the regional association to increase the protection of migrant workers in Southeast Asia.
At the ASEAN Summit, which is part of the series of activities to commemorate the 50th anniversary of the ASEAN, Jokowi and other ASEAN leaders will sign the ASEAN Consensus on the Protection and Promotion of Migrant Workers' Rights.
The ASEAN Consensus Document will be a concrete form of comprehensive protection for migrant workers as mandated by the 1945 Constitution of Indonesia.
Therefore, Indonesia called for a strong commitment by ASEAN member countries to protect and promote the rights of migrant workers in the 31st ASEAN Summit held in Manila, Philippines, 12-14 November 2017.
"It should not be a consensus only. Indonesia encourages all ASEAN member countries to properly guard and have the same commitment in implementing the action plan regarding the protection of migrant workers and their families, both legal migrants and migrants who have no proper documents," said Minister of Manpower M Hanif Dhakiri in press release in Jakarta on Monday.
One of the agenda of the Summit is the Signing of the ASEAN Consensus on the Protection and Promotion of Migrant Workers Rights which will be signed by all ASEAN Manpower Ministers. Dhakiri said for 10 years, Indonesia is fighting for ASEAN to have a serious commitment in protecting migrant workers.
The Indonesian minister of manpower explained that the key points in the consensus instruments include protection not only for migrant workers, but also for their families.
This is in line with the UN Convention 1990 on the Protection and Promotion of the Rights of All Migrant Workers and Members of Their Families, where Indonesia has also ratified it through Law No. 6 of 2012.
Protection is also provided to undocumented migrant workers, ie migrant workers who enter and remain to work in a country illegally, and migrant workers who were originally legal but turned illegal.
The basic rights of migrant workers and their families include visits from members of their families, holding personal documents including passports and work permit documents. It also obtains equality in the eyes of the law when detained or incarcerated while waiting for trial or when detained for other reasons.
Migrant workers also have the right to file a complaint with the relevant authorities and obtain assistance from Government Representatives in the placement country. In placement countries, migrant workers are also free to migrate to workplaces.
In addition, migrant workers and their families also have access to information related to employment, working conditions, employment contracts, fair treatment at work, accommodation, benefits and income that are decent and fair.
The consensus also explains that migrant workers are free to send their income and savings by means of delivery according to the rules applicable in the country of placement. They are also free to assemble and associate with workers' associations / organizations according to the rules applicable in the country of placement.
The idea of 'ASEAN consensus on the protection of workers stems from the 12th ASEAN Summit in 2007, in Cebu, Philippines, known as the "Cebu Declaration" which mandates that ASEAN needs to have instruments that protect and promote the rights of migrant workers.
However, in its development, the discussion took a long time to take 10 years, partly due to differences in the two interests of the sending countries of migrant workers (Indonesia and the Philippines) and recipient countries (Malaysia, Singapore and Brunei Darussalam).
"From the beginning, Indonesia consistently supports the realization of the document, as a form of government's seriousness in protecting Indonesian migrant workers especially in the ASEAN region," said the Indonesian minister of manpower said.
Although the instrument is produced by consensus, Minister Dhakiri continued, it has a review mechanism to ensure the implementation of this instrument towards a legally binding document.
Acting Spokesman for the Philippine Foreign Ministry Robespierre Bolivar in a press conference in Manila on Friday said the consensus is part of the Philippines' efforts to implement its commitment in relation to the ASEAN Declaration on the Protection and Promotion of Migrant Workers Rights issued at the end of the Philippine Leadership Period of ASEAN in 2017.
Nevertheless, some suspect that the ASEAN country's commitment to the protection and promotion of the rights of migrant workers in Southeast Asia is still made in the form of consensus, rather than in the form of a treaty, because there is still differences of opinions between sending countries and recipient nations of migrant workers in ASEAN .
The Philippines and Indonesia are the two largest sending countries of migrant workers in the ASEAN region.
In response, Bolivar said that both sides in ASEAN, both sending and recipient countries, seek to provide the same level of protection for migrant workers rights in Southeast Asia.
"We all ASEAN countries seek to provide equal treatment and protection for various migrant workers' rights such as the right to social protection, access to law, fair treatment," he said.
Bolivar explained that the Consensus on the Protection and Promotion of the Rights of Migrant Workers signed by the ASEAN leaders provides "space" for the improvement and advancement of safeguard practices for migrant workers in Southeast Asia.
"If you look at the text of the consensus, it can be seen that ASEAN member countries are working to improve and share experiences on best practice on migrant workers protection," he said. "There is a possibility for improvement and advancement.
The Consensus on the Protection of the Rights of Migrant Workers is a document of mutual consensus between ASEAN member states to strengthen social protection, access to justice, humane treatment and access to health care for migrant workers in Southeast Asia.***4***(A014/b003/B003)(T.A014/A/BESSR/Bustanuddin) 15-11-2017 00:25:1 |
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