ASEAN Integration:The 3 “Communities” &

Implications to Mobility of Seafarers

Prepared by the POEA Marketing Branchfor the National Maritime Polytechnic

Stakeholders’ Forum: Impact of the ASEAN Integration on Philippine Maritime Manpower

19 August 2015

labor mobility can both be a factor and driver of economic growth

toward ASEAN integration, there

are “communities” that cover inter-related spheres of integration

Image source: http://phangngacommunitycollege.blogspot.com

Outward Mobility, Global

2009 2010 2011 2012 2013 2014P

1,422,586 1,470,826 1,687,831 1,802,031 1,836,345 1,802,542 1,092,162 1,123,676 1,318,727 1,435,166 1,469,179 1,405,372

New Hires 349,715 341,966 437,720 458,575 464,888 485,117 Rehires 742,447 781,710 881,007 976,591 1,004,291 920,255

330,424 347,150 369,104 366,865 367,166 397,170 P-Preliminary Data

Seabased Workers

TYPE

TABLE 2 - Number of Deployed Overseas Filipino Workers by Type: 2009 - 2014

Total Landbased Workers

Outward Mobility, Landbased Workers2014

NEW HIRES REHIRES TOTAL

3 Singapore 13,883 67,478 81,3618 Malaysia 13,974 10,855 24,829

15 Brunei 3,266 5,268 8,53419 Thailand 234 4,579 4,81322 Indonesia 363 3,771 4,13425 Vietnam 382 2,878 3,26039 Lao PDR 346 1,004 1,35040 Cambodia 91 1,179 1,27044 Myanmar 172 939 1,111

- LAC NAIA 459,366 668,923 1,128,289- LAC MACTAN 1,579 40,124 41,703- LAC DAVAO 27 2,860 2,887- LAC CLARK 4,007 114,691 118,698

*Central Office Data. Preliminary as of January 7, 2015

2014 DEPLOYED OVERSEAS FILIPINO WORKERS BY COUNTRY/DESTINATION*

COUNTRY/DESTINATION

TOP COUNTRY/DESTINATION-TOTAL

Outward Mobility, Seafaring

2009 2010 2011 2012 2013 2014P

Total 330,424 347,150 369,104 366,865 367,166 397,170 1 Panama 67,361 66,523 72,614 67,567 69,297 70,489 2 Bahamas 36,054 41,814 42,363 38,942 41,627 50,065 3 Liberia 29,796 32,561 39,260 36,912 35,585 35,379 4 Marshall Islands 18,068 21,824 24,235 25,795 27,444 31,601 5 Singapore 15,674 16,417 17,401 19,488 18,820 21,997 6 Malta 14,786 16,971 17,116 17,662 19,249 23,180 7 Bermuda 7,620 9,562 12,830 12,621 15,203 16,513 8 Norway 11,447 12,136 14,187 11,916 11,877 13,315 9 Italy 8,486 11,927 12,822 11,564 11,865 12,296

10 Netherlands 9,281 9,602 10,198 10,644 7,921 12,562 Other Flags of Registry 111,851 107,813 106,078 113,754 108,278 109,773

P-Preliminary Data

TABLE 8 - Number of Deployed Seafarers by Top Ten Flags of Registry: 2009 - 2014

FLAG OF REGISTRY

Outward Mobility, Seafaring

2009 2010 2011 2012 2013 2014P

Total 330,424 347,150 369,104 366,865 367,166 397,170 1 Able Seaman 45,338 47,864 53,239 50,075 51,537 57,438 2 Oiler 27,483 28,523 31,424 28,959 29,730 31,866 3 Ordinary Seaman 23,737 24,794 27,999 25,530 26,046 28,065 4 Chief Cook 12,651 13,252 14,827 13,914 14,040 15,706 5 Second Mate 12,119 12,876 14,189 13,235 13,591 14,648 6 Bosun 11,555 12,039 13,621 12,783 13,208 14,435 7 Third Engineer Officer 11,307 11,695 12,701 11,855 12,031 12,977 8 Messman 10,536 11,238 12,531 11,171 11,146 11,503 9 Third Mate 9,857 10,025 11,152 10,275 10,546 11,392

10 Waiter/Waitress 8,848 9,864 9,123 9,942 9,426 11,508 Other Occupations 156,993 165,000 168,298 179,126 175,865 187,632

P-Preliminary Data

TABLE 9 - Number of Seafarers by Top Ten Occupations: 2009 - 2014

OCCUPATION

ASEAN Economic Community

(AEC)

“Free flow” under AEC is not absolutely free managed and not automatic rules-based still governed by domestic (immigration

and labor) regulations recognition of qualifications is key

Rules of Labor Mobility

What are the rules?

Philippines - Omnibus Rules and Regulations Implementing the Migrant Workers and Overseas Filipinos Act POEA Landbased Rules POEA Seabased Rules

Indonesia - Government Regulations concerning the Procedures for the Implementation of Indonesian Employment Abroad By Government (Government Regulation No. 4 of 2013)

Policies, Outward Labor Mobility

Malaysia is implementing accreditation of Philippine-based health facilities that undertake health examinations for workers bound for Malaysia

Singapore is putting up foreign worker levies and hiring quotas

Policies, Inward Labor Mobility ASEAN Countries

Brunei is putting in place localization programs with the following components:

foreign labor quotas, reduced effective June 2014

freeze order for foreign workers: supervisors, assistant supervisors, promoters, drivers, bakers (bread and cake makers), cashiers, butchers, in the wholesale and retail trade

further freeze on foreign workers in transportation, hospitality, support eservices and ICT sectors

Policies, Inward Labor Mobility ASEAN Countries

Policies, Inward Mobility Philippines

Article 40 of the Labor Code, Employment permit of non-resident aliens. Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor.

The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.

Policies, Inward Mobility

Limited Practice through Special Temporary Permit (STP)

The Bureau of Local Employment only offers limited occupational slots for foreign professionals because this depends on the needs of the country or the local labour market conditions

Policies, Inward Mobility

All 47 or 48 professions in the Philippines have been regulated before signing of ASEAN MRA thus existing policies and regulations must be considered in accepting foreign professionals. ASEAN Integration is still rules-based thus all foreign professionals who opted to practice in the country should comply with existing policies and regulations.

Mutual Recognition Agreements under ASEAN

across ASEAN, the priority occupations that are being opened up are those under MRA:

2005 Engineering Services 2006 Nursing Services 2007 Architectural Services 2007 Surveying 2009 Accountancy Services 2009 Medical Practitioners 2009 Dental Practitioners 2012 Mutual Recognition

Arrangement on Tourism Professionals (ASEAN MRA-TP)

The ASEAN MRA on Tourism Professionals covers 6 general labor groupings:

Front Office Housekeeping Food Production Food and Beverage Services (for

Hotel Services) Travel Agency Tour Operations (for Travel Services)

Deployment statistics show that except for Malaysia and Singapore, documented workers bound for ASEAN Countries remain low during the past 5 years

Of special interest is Thailand where deployment is low but almost 20% are professionals under MRAs

ASEAN Socio-Cultural

Community(ASCC)

ASEAN Instrument on Migrant Workers

The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (January 2007, 12th ASEAN Summit, Cebu, Philippines.)

Philippine initiative to promote the rights of migrant workers

Outlines obligations of sending and receiving countries to its migrant workers in the region and commitment of ASEAN to protect and promote their rights.

Landmark document : the first specific recognition of the rights of migrant workers in ASEAN.

ASEAN Instrument on Migrant Workers

As a follow up to the ASEAN Declaration on

Migrant Workers, the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW) was created during the Senior Labor Officials Meeting SLOM) on May 2008:

ASEAN Instrument on Migrant Workers

Four (4) Main Work Thrusts

Step up protection and promotion of the rights of migrant workers against exploitation and mistreatment

Strengthen protection and promotion of the rights of migrant workers by enhancing labor migration governance in ASEAN.

Regional cooperation against human trafficking in ASEAN, in cooperation w/ Senior Officials Meeting on Transnational Crime

Development of an ASEAN Instrument on the protection and promotion of the rights of migrant workers

ASEAN Instrument on Migrant Workers

ACMW-Drafting Team (ACMW-DT)

ACMW Drafting Team created during the 1st ACMW Meeting on September 2008 in Singapore and is primarily created to develop the ASEAN Instrument.

Initially, composed of 2 sending countries (Philippines and Indonesia) and 2 receiving countries (Malaysia and Thailand).

Expanded to include the 10 ASEAN Member States prior to the 4th ACMW-DT Meeting held in Manila on September 2011.

ASEAN Instrument on Migrant Workers

As of the 15th ACMW-DT Meting (15-17 December 2014, Lao PDR) – Pending articles and principal issues remain unresolved. There are eleven (11) more articles or about 15% of the Instrument’s content to be finalized and three (3) principal issues which are pre-requisite to the finalization of some pending articles.

The unresolved articles and principle issues was elevated to the SLOM held in Manila, Philippines on 06-08 May 2015 for resolution

To be tackled by ALMM

Cooperation Structure in ASEANSLOM Subsidiary Bodies

SLOM

SLOM working group on

progressive labor practices to enhance the

competitiveness of ASEAN

ASEAN committee on the

implementation of the ASEAN

declaration on the protection and

promotion of the rights of migrant workers (ACMW)

ASEAN occupational

safety and health network

(OSHNET)

SLOM working group on HIV

prevention and control in the

work place

ASEAN Forum on Migrant

Labor

ASEAN Political-Security

Community(ASCC)

3 Key Characteristics of the APSC

a cohesive, peaceful, stable and resilient region

community of shared values and norms: democracy, human rights and fundamental freedoms, good governance and the rule of law

a dynamic and outward-looking region

community of shared values and norms: democracy, human rights and fundamental freedoms, good governance and the rule of law

International criminal organizations Human (with women and child) trafficking Drug trafficking Financial fraud and money laundering Terrorism Piracy Intellectual Piracy

3 Key Characteristics of the APSC

ASEAN Community

ASEANPolitical-Security

Community(APSC)

Enhance rules and good governance

for ASEAN

ASEANEconomic

Community(AEC)

Enhance integration and competitiveness

of ASEAN

ASEANSocio-

CulturalCommunity

(ASCC)

Enhance the well-being of ASEAN

peoples

Migration Issues

For Outward Mobility Alignment of curricula with international

benchmarks Continuous worker learning, training

and retaining Increased efficiencies in private

recruitment Protection of those in vulnerable

occupations domestic workers

Challenges & Opportunities

For Outward Mobility on Seafaring Alignment with STCW Manila

Amendments Implementation of MLC standards and

regulations at bilateral level with ASEAN member countries

Cooperation on seafaring with receiving flags With seafarer-sending ASEAN member

countries

Challenges & Opportunities

For Inward Mobility equity measures that will include

transition strategies; industrial upgrading to strengthen and

expand the base for decent employment

improving competitiveness through continuous on-the-job skills acquisition and development

Challenges & Opportunities

develop a policy issuance that will require OFWs’ possession of appropriate license (professionals) or certification (skilled) prior to deployment to ASEAN countries

develop capacities of frontliners to properly document outward mobility of workers toward AMS

Imperatives for OFW Protection

more on protection for vulnerable occupations : domestic workers, low and semi-skilled work Ethical recruitment practices Standard contracts, bilateral arrangements Anti-human trafficking and anti-illegal recruitment Instrument to implement the Cebu (ASEAN) Declaration

on Migrant Workers ILO Convention 188

Imperatives for OFW Protection

Salamat po!