Task Force on ASEAN Migrant Workers

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www.workersconnection.org

Statement Adopted by the Participants of the ASEAN

Manila Consultation on the Promotion and Protection
of the Rights of Migrant Workers
Manila, Philippines
September 24, 2007

We, the 130 participants representing migrant workers, community

groups and NGOs, churches, trade unions and the academe from
Luzon, Visayas and Mindanao, after intensive discussions and
consultations, hereby:

ACKNOWLEDGE the success of the 12 th ASEAN Summit in Cebu,

Philippines in agreeing to an ASEAN Declaration on the Protection and
Promotion of the Rights of Migrant Workers, which takes important
steps in moving ASEAN towards compliance with existing UN
conventions and treaties, and gives due recognition to the need to
share responsibilities regionally for the protection of migrant workers
while also acknowledging both the differences and similarities of
concerns of the ASEAN member-states;

RECALL that the Philippines has ratified several UN human rights

conventions, including the Convention on the Protection of the Rights
of All Migrant Workers and Members of their Families where many of
the provisions were already enshrined earlier in a national law(RA
8042);

RECALL further that the Philippines has more than three decades of
significant experience in overseas employment, and in advancing the
interests and welfare of overseas Filipino workers and their families,
and therefore, would be in a position to evaluate the strengths and
weaknesses of policies, laws, programs and services for migrant
workers and their families;

RECOGNIZE that there are many critical aspects of migration that have
been regrettably excluded from the ASEAN Declaration, including the
protection for undocumented workers, the rights of family members
accompanying migrant workers, the right of migrant workers’ children
to citizenship in accordance with the UN Convention on the Rights of
the Child, and the recognition of the human rights of women migrants,

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particularly reproductive rights, as provided for by the UN Convention
on the Elimination of All Forms of Discrimination Against Women;

STATE unreservedly that more than three decades of labor export

policies by the Philippine government have not brought meaningful
human development and real sustainable national development to our
country ; and,

RAISE our very urgent concerns about the increasing violations of the
rights and wellbeing of women and men migrant workers and their
families, the unprotected and informal nature of women migrants’
work, and the failure of the Philippine government and other ASEAN
governments to take appropriate steps to address gender and human
rights issues in migration;

DO HEREBY FORMALLY DECLARE THAT

While we support the first three “General Principles” enumerated in the

ASEAN Declaration, we register our strong objection to the fourth
General Principle contained in the Declaration which denies the human
rights of undocumented migrant workers;

We strongly believe that labor is not a commodity and migrant workers

must not EVER be considered as a commodity for export and
exploitation;

We state with conviction that all migrant workers have inherent,

inalienable, and indivisible rights as human beings and as workers;

We firmly maintain that all migrant workers and members of their

families deserve recognition and protection, irrespective of their legal
status;

We clearly affirm that all children of migrant workers have the right to
citizenship, irrespective of the status of their parents, as provided for
in the UN Convention on the Rights of the Child which has been ratified
by all ASEAN states;

We assert that the universal human rights and dignity of migrant

workers must be given preeminence over geo-political and national
security considerations;

We deem it self-evident and, therefore, compulsory that appropriate

recognition be given and policy steps taken to address gender
considerations in connection with employment, social relations and
processes, benefits and entitlements for migrant workers;

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We believe that firm action must be taken to address problems faced
by women migrant workers such as informalization and low valuation
of domestic work and entertainment, exclusion from legislation and
grievance mechanisms, and discrimination, particularly in the form of
violence and denial of their reproductive rights;

We affirm that human trafficking in all its forms must be firmly

opposed and responded to using human rights and gender
perspectives, locating the needs and rights of survivors at the center
of anti-human trafficking policies, programs and services;

We therefore strongly recommend the following policies to the

Government of the Philippines, and to the Member-States of ASEAN:

Recommendations to the Government of the

Philippines

A. Addressing Root Causes of Outmigration

• Evaluate the impact of free trade agreements on the socio-

economic conditions of the people. Available data from civil
society would show that such agreements have
exacerbated, rather than reduced poverty. In this respect,
we strongly urge the Philippine Senate not to ratify the
Japan-Philippine Economic Partnership Agreement
because it is an unfair treaty that will benefit Japan more
than the Philippines.

• We strongly urge the Philippine government to create an

enabling environment for the productive utilization of OFW
remittances that will result in sustainable livelihoods and
vibrant local economies, thereby reducing poverty, and
providing alternatives to overseas employment.

1. Develop a coherent policy framework on socio-

economic reintegration of overseas Filipino workers.

2. Ensure that development policies truly reflect the

interests of returning OFWs and a clear understanding that
remittances should be used for authentic poverty
reduction, consistent with the UN Millennium Development
Goals.

3. Allocate adequate financial, human and social resources

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for effective reintegration.

4. Institutionalize the representation of OFWs and their

family members in local government units and in local
development councils.

5. Provide returning workers with economic incentives and

assistance such as such as tax holidays, simplified
business registration and regulatory systems, provision of
marketing assistance to help them set up economic
enterprises to secure their livelihoods.

6. Provide capacity-building/training in livelihood

development, financial literacy, and entrepreneurship for
OFWs and their families.

7. Provide local NGOs with funding to support sustainable

local development programs to assist OFWs achieve
quality livelihoods upon return.

8. Institutionalize financial literacy and reintegration

program planning in Pre-Departure Orientation Seminars
(PDOS) and Pre-Employment Orientation Seminars
(PEOS) to be given NOT only to OFWs but to the
members of the OFW and would-be OFW families.

B. Reducing Vulnerabilities of Women Migrant Workers

· We call on the Philippine Government to comply with its

commitment to the UN CEDAW, and fully operationalize
its avowed recognition of gender equality and
adherence to gender-sensitivity as a principle (Sec. 2d,
R.A. 8042) in its policies, programs and services.

1. Adopt the recommendations pertinent to Filipina

migrant workers of the UN Committee on the Elimination of
Discrimination against Women in its 36th session in 2006,
to wit:

1.1 Undertake measures to “bring about changes in

traditional patriarchal attitudes and in gender stereo-
typing” that are a root cause of violence against
women and “the disadvantaged position of women in
a number of areas, including in all sectors of the
labour market and in political and public life.”

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1.2 “Continue conducting enforceable bilateral
agreements and memorandums of understanding
framed on protection and promotion of the rights and
welfare of migrant workers with countries and
regions where Filipino women go to in search of jobs.

1.3. Take a coherent and comprehensive approach to

addressing the root causes of women’s migration
including through the creation of conditions
necessary for sustainable development and of safe
and protected jobs for women as a viable economic
alternative to migration or employment.”

2. Recognize domestic work and entertainment as formal

work.

3. Extend quality and gender-responsive medical care and

psycho-social care/counseling for survivors of all forms
of violence and discrimination.

4. Create a “one-stop shop” to process applications for

overseas work and for seeking redress to grievances.
This is meant to streamline the bureaucracy, and cut
down on red tape and avenues for corruption.
Adequate and competent personnel, and financial
resources should be provided to the “one-stop shop.”

5. Transform Philippine embassies, consular offices and

Philippine Overseas Labor Offices (POLOs) into centers
of care and service for overseas workers.

6. Ensure that frontline agencies and personnel are

adequately oriented and trained on rights-based and
gender-responsive approaches and processes.

7. Develop and implement an effective feedback

mechanism to monitor and evaluate the performance
of government agencies addressing labor migration,
including Philippine embassies, consulates and POLOs,
and impose sanctions where and when appropriate.
OFWs should be involved in this process.

8. Evaluate the effectiveness of TESDA as the Skills

Training Center for OFWs, specially women migrant
workers.

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9. Undertake a serious review and audit of OWWA
structure and operations, with the objective of
instituting transparency and effective management of
the OFW Trust fund that can enhance the protection and
welfare of OFWs during and after the migration process.

C. Curbing Illegal Recruitment, Trafficking and Irregular

Migration

· We strongly urge the Philippine government to exercise

political will in addressing the problems of illegal
recruitment, human trafficking and irregular migration,
specially the socio-economic and political conditions
that give rise to them.

1. Adopt the recommendations of the UN Committee on

the Elimination of Discrimination against Women in its 36 th
session in 2006, to wit:

1.1. “Further strengthen bilateral, regional and

international cooperation with countries of origin, transit
and destination so as to address trafficking in women more
effectively.”

1.2. “Pursue a holistic approach aimed at addressing

the root causes of trafficking and improving prevention.”

1.3. “Take appropriate measures to suppress the

exploitation of prostitution of women, “

1.4. Provide rehabilitation, social integration and

economic empowerment programmes to women and girls
who are victims of exploitation and trafficking.

1.5. Provide financial support to NGOs that assist in

the rehabilitation of women and girls in prostitution.

1.6. “Prosecute and punish traffickers and those who

exploit the prostitution of women and provide protection to
victims of trafficking.”

1.7. “Develop policies and measures to protect

women migrant workers who go abroad through informal
channels from all forms of violations of their rights.”

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2. Strengthen the monitoring mechanism of the Philippine
Overseas Employment Administration (POEA) by giving
it stronger regulatory and enforcement powers with
corresponding human and financial resources to curb
illegal recruitment, human trafficking and other forms of
irregular migration.

3. Develop the Pre-Employment Orientation Seminars

(PEOS) and Pre-Departure Orientation Sessions (PDOS)
which are designed according to the country of
destination to which the worker is going, and the
sector/type of work that s/he will be undertaking.

4. Provide financial resources to and competent

professionals in the Inter-Agency Council on Anti-
Trafficking.

5. Ensure the full and consistent implementation of legally

mandated labor standards in the recruitment process.

6. Forge bilateral labor agreements with destination

countries to ensure harmonization of recruitment
policies and procedures, prevent illegal recruitment,
human trafficking and irregular migration, and protect
the rights of all migrant workers, regardless of legal
status.

D. Addressing the Social Costs of Labor Migration

· We recommend that the Philippine Government

undertakes measures to prepare families for overseas
employment, and provide OFWs and their families social
security and protection.

1. Devise PDOS and PEOS for families of OFWs that uses a

curriculum that includes ideas, values, and strategies to
strengthen families (on topics like dealing with strains
faced by OFW families, ideas on solo parenting, building
understanding and ways to hold the family together), and
creative and innovative IEC materials to reach the youth
to supplement these sessions. Publicity and support for
these orientation sessions can also be supplemented by
outreach strategies like setting up e-groups and forums,
and joint organizations.

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2. Coordinate with NGOs and community organizations and
other other stakeholders from national to barangay on
programs and services meant to provide structures of care
for children with migrant parent/s, and mitigate adverse
effects of migration.

3. Allocate financial assistance for communities to train

professionals to address family problems arising from the
migration of one or both parents.

4. Conduct pro-active information dissemination on

PhilHealth programs and services among OFWs and their
families. PhilHealth should develop a system for up-to-date
collection of membership payment, simplify membership
payment and requirements as well as availment of
benefits.

E. Building and Strengthening Migrant Organizations, Self-

Representation, Political and Electoral Representation

· We strongly urge the Philippine Government to improve

and broaden current mechanisms and processes to
ensure genuine representation and participation of
OFWs in governance.

1. Increase the representation of migrant workers and civil

society organizations working with migrants on the
decision-making bodies of key agencies working with
migrants, such as the POEA, the Overseas Workers Welfare
Administration, PhilHealth, Social Security System, PAG-
IBIG in order to institutionalize consultations with
migrants, transparency in operations, and collaboration
with civil society.

2. Institutionalize a broad and democratic process whereby

organizations of OFWs themselves choose their sectoral
representatives to the government boards related to labor
migration.
Gender equity should be a guiding principle in said process.

3. Institute legislative and executive measures to improve

R.A. 9189 (Overseas Absentee Voting Law) to respond to
the particular situation of overseas voters, especially
seafarers;

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4. Make representations with governments of destination
countries of Filipino workers to ensure that fundamental
human rights such as the right to organize, are recognized
and respected.

5. Set up a network of “maritime attaches”, especially in

countries such as Norway, Greece, and Japan where there
are a high number of ship owners/employers who are
employing Philippines seafarers, to effectively address the
issues and concerns of seafarers.

Recommendations to ASEAN Member States

1. We urge the Member States of ASEAN to immediately ratify all

eight core ILO Conventions1, and ensure that their national
labour laws, especially those laws governing migrant workers,
are harmonized with the standards contained in those core
ILO Conventions, keeping in mind that migrant workers make
real and substantial socio-economic contributions to both
origin and destination countries, and as key stakeholders, it is
in their interests to ensure that migrant workers are fully
protected and assisted in every way possible.

2. Since the Philippines has already ratified ILO Convention 143

as well as the UN Convention on the Protection of the Rights
of Migrant Workers and Their Families, we urge all other
ASEAN Member States to immediately ratify these
Conventions. We further urge that all ASEAN member states
should ratify ILO Convention 97 and 181.

3. We recommend the national Ministries of Labour decide that

the “instrument on the protection and promotion of the rights
of migrant workers” to be developed (as called for in
paragraph 22 of the ASEAN Declaration on the Promotion and
Protection of the Rights of Migrant Workers) will be a binding
instrument on ASEAN Member States. The ASEAN Labour
Ministers Meeting to be convened in 2008 should accept that
recommendation.

4. The ASEAN Framework Instrument on the Promotion and

Protection of the Rights of Migrant Workers should have a
practical, workable mechanism for solving cases of migrant
workers facing difficulties, with uniform standards and

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ILO Conventions 29, 87, 98, 100, 105, 111, 138, and 182.

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transparent procedures in place to ensure quality response by
the Governments and other stakeholders. Once a regional
human rights mechanism is established in ASEAN, a grievance
system where migrants can file complaints should be
established under that human rights mechanism.

5. We advocate that the ASEAN Framework Instrument should

have a reporting mechanism for Member States to report on
their compliance with the provisions of the Framework
Instrument. ASEAN is urged to create an independent
Commission of experts from the Member States who shall be
empowered to receive the States’ reports, receive information
from trade unions and civil society organizations, conduct
investigations and follow-up activities, report to the ASEAN
Leaders, and undertake other activities to be determined.
The ASEAN Secretariat could be tasked to provide technical
support and services to assist the functioning of this
independent Commission.

6. Undocumented migrants contribute significantly to the

economies of receiving countries. Thus, we strongly urge all
ASEAN Member-States, specially Malaysia, to recognize and
protect their rights and well-being, stop criminalizing them,
and consider regularization of their status.

7. The right of citizens of all ASEAN Member States to hold their

own passports and Government-issued identity documents
should be considered inviolable. Yet, migrant workers
regularly report that brokers, agents, and employers routinely
and systematically seize their passports and documents.
Member States of ASEAN should adopt a clear no-tolerance
policy that imposes tough punishments on all persons who
seize or hold migrant workers’ documents.

8. The Member States of ASEAN are urged to intensify their

actions to eliminate all forms of discrimination and violence
against migrant workers, specially women, and set out clear
policies that state that ‘national treatment’ in employment
standards and benefits shall be provided for all migrant
workers, regardless of status.

9. The Member States of ASEAN are urged to ensure that

migrant domestic workers are specifically included in
coverage of the national labour law and grievance
mechanisms.

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10. Since all the Member States of ASEAN have ratified both
the UN Convention on the Rights of the Child (CRC), and the
UN Convention on Elimination of Discrimination Against
Women (CEDAW), all children born to migrant workers should
be provided with birth registration and access to education
and health care. Further, Member-States are urged to repeal
policies on automatic contract termination and deportation of
women migrant workers on the basis of pregnancy, and
health-related conditions .

11. Recognizing that migrants in ASEAN are increasingly

female, we believe the Member States of ASEAN should set
out clear gender-sensitive policies, processes and practices on
migration.

12. Recognizing that quality of health of a migrant worker does

not just affect the worker, but also his/her family residing in
the country of origin, we recommend that the Member States
of ASEAN create an effective scheme of high quality, portable
health care insurance for migrant workers.

13. Given the importance of migrant worker remittances to the

economy of the migrant’s origin country, a dependable,
accessible, and inexpensive system for transmitting
remittances in ASEAN is vital. The Member States of ASEAN,
and specifically their central banks, are urged to undertake
serious studies and measures, to support the creation of such
a remittances system, whether implemented by the private
sector, trade unions and civil society organizations, or
Government agencies.

14. Recognizing the important need for increased awareness

and information among migrant workers and their families,
the Member States of ASEAN are urged to actively support
education on and dissemination of international labour
standards (especially concerning migrant workers) as
embodied in the core ILO Conventions, ILO migrant worker
conventions, and UN Convention on Migrant Workers to
intending, current and returning migrant workers and their
families.

15. In close cooperation with the ASEAN member states and

academics, ASEAN should closely examine procedures,
policies, and practices for effective and just integration of
migrant workers entering the work force of a receiving
country, and study mechanisms for re-integration of migrant

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workers when they return to the sending country. These
studies should be made public, and consultative dialogues
organized with ASEAN civil society organizations to discuss
the findings and make further recommendations.

16. We believe that workers’ organizations are a vital element

in protecting migrant workers. In close consultation with all
sections of the national trade union movements, the ASEAN
counties should make necessary legal and policy changes to
allow for portability of trade union membership, thereby
allowing migrant workers who are members of their own
national trade union to be effectively and legally represented
by trade unions in the receiving country.

17. ASEAN should investigate the problems and abuses that

exist in the current systems of labour recruitment in the
sending countries and engage systematically with all
stakeholders (migrant workers, NGOs, trade unions, local,
provincial, and national government officials, and recruitment
agency trade associations) to develop just and realistic
solutions to issues of exorbitant recruitment fees, contract
substitution, abusive oversight and maintenance of migrant
workers being mobilized or “trained”, deception and human
trafficking, and other abuses against migrant workers.

18. ASEAN should establish a Civil Society Advisory Council to

institutionalize meaningful multi-sectoral representation, as
well as constructive dialogue and consultation on labor
migration issues and concerns.

Done in Manila, September 24, 2007.