draft report of the 9th acmw meeting for consideration

Draft as 14 May 2016

THE REPORT OF THE NINTH MEETING OF THE ASEAN COMMITTEE ON THE IMPLEMENTATION OF THE ASEAN DECLARATION ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS (9TH ACMW MEETING)

10-11 MAY 2016, VIENTIANE, LAO PDR

INTRODUCTION

1. The Ninth Meeting of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (9 th

ACMW Meeting( was held on 10-11 May 2016 in Vientiane, Lao PDR. The Meeting was attended by delegates from Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Viet Nam. Representatives from the ASEAN Secretariat were also in attendance. Representatives from International Labour Organization (ILO), UN Women, International Organization for Migration (IOM) and Friedrich-Ebert-Stiftung (FES) attended the respective open sessions. The full list of delegates appears as ANNEX 1.

OPENING CEREMONY

2. Mr. Phongsaysak Inthalath, Director General of Labour Management Department, Ministry of Labour and Social Welfare of Lao PDR and incoming Chair of the Senior Labour Officials Meeting (SLOM) delivered the opening remarks. He highlighted the significant role of the ACMW in protecting and promoting the rights of migrant workers in line with the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers adopted by the ASEAN Leaders in 2007. He encouraged ASEAN Member States (AMS) to take into consideration the Declaration in developing regional as well as national policies and initiatives on migrant workers. The ACMW is also the core subsidiary body to implement the ASEAN Labour Ministers’ Work Programme. He highlighted achievements made by the ACMW, evidenced from active implementation of the four Thrusts of the ACMW Work Plan. He shared that Lao PDR had been actively enforced its revised labour law (2013) and a number of initiatives had been undertaken. The full text of his opening remarks appears as ANNEX 2.

AGENDA ITEM 1 ASSUMPTION OF THE CHAIR AND VICE-CHAIR

3. Dato’ Mohd Jeffrey Joakim, Director General of Labour Department, Ministry of Human Resources of Malaysia, as the outgoing Chairperson of ACMW delivered

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the remarks. He expressed his appreciation to the Government of Lao PDR for the excellent hosting of the 9th ACMW Meeting and warm hospitality given to the delegation of AMS. He highlighted the achievements made by the ACMW during the Chairmanship of Malaysia including the implementation of the four Thrusts of the ACMW Work Plan. Activities during the Chairmanship of Malaysia include:

Hosting the 8th ASEAN Forum on Migrant Labour (AFML) on 26-27 October 2015 in Kuala Lumpur;

Hosting the launch of ILO’s Analytical Report on the International Labour Migration Statistics Data in ASEAN at the 8th AFML;

Hosting the ACMW Special Meeting on the Draft ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers on 28-29 October 2016 in Kuala Lumpur;

Participation at the 3rd Coordination Meeting of ASEAN-EU Human Rights Cooperation Programme under Regional EU-ASEAN Dialogue Instrument (READI) Human Rights Facility on 11 April 2016 in Jakarta, Indonesia;

Participation at the Education-Skills-Travel Policy Lab on 16 February 2016 in Singapore;

Participation at the 8th Coordinating Conference of the ASEAN Political-Security Community (8th ASCCO) on 28 January 2016 at the ASEAN Secretariat;

Participation at the Socialisation of the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP) and Framework of ASEAN Plan of Action Against Trafficking in Persons, Especially Women and Children (APA) hosted by SOMTC on 21 January 2016 in Manila, the Philippines;

He concluded by encouraging AMS to continue working together to implement the new ACMW Work Plan 2016-2020. The full text of the remarks by outgoing Chair from Malaysia appears as ANNEX 3.

4. In keeping with the alphabetical rotation of the ACMW Chairpersonship, Mr. Chomyaeng Phengthongsawat, Deputy Director General of Planning and Cooperation Department, Ministry of Labour and Social Welfare of Lao PDR and Mr. Hans Leo Cadac, Administrator of the Philippine Overseas Employment Administration assumed the Chairpersonship and Vice-Chairpersonship of ACMW, respectively.

5. In his remarks, Mr. Chomyaeng Phengthongsawat expressed his appreciation to the participation of AMS to the 9th ACMW Meeting and congratulated Malaysia for its achievement during its Chairmanship. He highlighted issues and matters that the 9th ACMW Meeting will discuss and deliberate including the draft ASEAN Instrument on the Protection and Promotion of the Rights of Migrant Workers and the draft ACMW Work Plan 2016-2020. The full text of his remarks appears as ANNEX 4.

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AGENDA ITEM 2 ADOPTION OF AGENDA

6. The Meeting considered and adopted the agenda which appears as ANNEX 5.

AGENDA ITEM 3 BUSINESS ARRANGEMENT

7. The Meeting was held in plenary, except Agenda Item 8, which was held in open session.

AGENDA ITEM 4 RELATED DECISIONS OF OTHER ASEAN MEETINGS

8. The Meeting took note on the update from the ASEAN Secretariat on relevant decisions of other ASEAN Meetings held since the 9 th ACMW Meeting in October 2015 in Kuala Lumpur, Malaysia, including the 27 th ASEAN Summit on 21 November 2015 in Kuala Lumpur, Malaysia. The ASEAN Secretariat’s information paper appears as ANNEX 6.

9. The Meeting noted the status of the following initiatives and documents:

a) Formal establishment of the ASEAN Community on 31 December 2015; and the adoption of the ASEAN 2025: Forging Ahead Together, including the ASCC Blueprint 2025, by the ASEAN Leaders at the 27th ASEAN Summit.

b) Finalisation of the 2015 ASEAN Socio-Cultural Community Scorecard in 2015. The Executive Report was available in the website of the ASEAN Secretariat while the full Report can be provided to AMS upon request.

c) Signing of the ASEAN Convention Against Trafficking in Persons Especially Women and Children (ACTIP) by the ASEAN Leaders at the 27 th ASEAN Summit. Subsequently, SOMTC consulted with relevant sectoral bodies including ACMW on the Matrix of Possible Areas of Collaboration under the Framework of APA for inputs.

d) Adoption of the Kuala Lumpur Declaration on Irregular Movement of Persons in Southeast Asia at the 10th ASEAN Ministerial Meeting on Transnational Crime (AMMTC).

e) Adoption of the Regional Framework and Action Plan to Implement the ASEAN Declaration on Strengthening Social Protection by the ASEAN Leaders at the 27th ASEAN Summit.

f) Convening of the 8th Coordinating Conference of the ASEAN Political-Security Community (8th ASCCO) on 28 January 2016 at the ASEAN Secretariat. The Report of the 8th ASCCO appears as ANNEX 7.

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g) Request of the ASEAN Coordinating Council Working Group (ACC-WG) for inputs on the list of suggested ASEAN activities for Timor Leste’s participation for capacity building purpose in the APSC, AEC and ASCC pillars.

10. Responding to the request of ACC-WG, the Meeting welcomed in principle the participation of Timor Leste in ACMW’s capacity building activities. The Meeting agreed that Timor Leste should first be requested for an indication of its areas of interest for capacity building. ACC-WG’s clarification on the reason/justification of the request to consider Timor Leste’s participation was requested for ACMW’s better understanding on the matter. Based on the information provided, ACMW could consider the suitable activities in its Work Plan 2016-2020 for Timor Leste’s participation. The ASEAN Secretariat was requested to inform the ACC-WG on ACMW’s deliberation on the matter.

11. Indonesia encouraged ACMW to strengthen collaboration with ILO. Indonesia also urged ACMW to discuss how it would contribute to the implementation of the ASEAN Vision 2025 especially in relation to the protection and promotion of the rights of migrant workers.

12. The Meeting noted the interest of ILO, as expressed at the 8 th SLOM-WG Meeting in 2015, to renew the 2007 ASEAN-ILO Framework for Cooperation with ASEAN in order to be responsive to the SDGs and ALM’ Work Programme 2016-2020. The Meeting welcomed the renewal of the 2007 Framework in order to strengthen partnership with ILO.

AGENDA ITEM 5 PROGRESS OF IMPLEMENTATION OF THE ACMW WORK PLAN

13. The Meeting noted the information paper on status of implementation of the ACMW Work Plan which appears as ANNEX 8. The Meeting further noted and exchanged views on the updates provided by the Country Coordinators and the ASEAN Secretariat on the following projects:

5.1 THRUST 1: STEP UP PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS AGAINST EXPLOITATION AND MISTREATMENT

a. Policy Repository to Promote Best Practices in Migrant Workers Management Policies (The ASEAN Secretariat)

14. The ASEAN Secretariat informed the Meeting that subsequent to the 8 th ACMW Meeting, additional and updated texts were received from Brunei Darussalam, Lao PDR, Myanmar, the Philippines and Thailand. As agreed by the 8 th ACMW Meeting, the available texts had been uploaded to the ASEAN website and appear at http://www.asean.org/asean-socio-cultural/asean-labour-ministers-meeting-almm/other-documents/. Texts in national languages were uploaded to the ASEAN website since the English version was not available. The ASEAN Secretariat would liaise with AMS for updating on a six-monthly basis.

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http://www.asean.org/asean-socio-cultural/asean-labour-ministers-meeting-almm/other-documents/

http://www.asean.org/asean-socio-cultural/asean-labour-ministers-meeting-almm/other-documents/


15. Lao PDR informed the Meeting that the Revised Labour Law (2013) and Social

Security Law (2013) would be translated into English and shared with the ASEAN Secretariat. Likewise, Thailand was amidst translating two Acts into English and would share it with the ASEAN Secretariat once they are available.

b. Strengthen Information Services to Educate Migrant Workers about Their Rights, Access to Services and Immigration Requirements (the Philippines)

16. The Philippines presented the concept paper of the planned publication on an ASEAN Compendium of Migrant Workers Education and Orientation Programme and Safe Migration Campaigns. The information materials and good practices to be compiled and published would cover the full cycle of migration from pre-employment, pre-departure, post-arrival and return and reintegration. The project was supported by the Regional EU-ASEAN Dialogue Instrument (READI) Human Rights Facility.

17. The Meeting noted the next steps to be taken in line with the deliberation of the 8 th

ACMW Meeting:

An ad-hoc Technical Working Group (TWG) would be set up and meet twice. The first meeting would finalise the scope of publication and the Terms of Reference of the experts to be hired for the project. The second meeting would validate and finalise the draft compendium.

One national expert of each AMS would be hired after the first meeting of TWG to conduct national researches and collect information. One regional expert would be hired to coordinate the national experts and synthesize the country information. Hiring of the experts would be funded by the EU READI Facility. Work outputs of the experts would be consulted with ACMW for approval.

Finalisation of the draft compendium by ACMW for publication.

18. The Philippines informed the Meeting that the 1st TWG Meeting had been scheduled for 31 May 2016 in Manila, the Philippines, back-to-back with the ASEAN Regional Seminar Workshop on Improving Border Controls and Strengthening the Capacity of Law Enforcement Authorities to Address Irregular Migration and Trafficking in Persons on 1-2 June 2016. The Meeting took note that the draft TORs of the consultants will be developed by the Philippines and submitted to AMS before the 1st TWG Meeting. The invitation letter and concept paper appear as ANNEX 9.

19. The Philippines clarified that according to its definition, pre-employment referred to the stage in which a person had decided to work aboard. Pre-departure referred to the stage in which a working contract or overseas employment had been confirmed and a person was in preparation to go overseas. Post-arrival was when a worker had arrived a Receiving State. Return and reintegration referred to the stage where

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a worker prepared for his/her return to a Sending State. The Philippines stressed that the aspect of protection should be integrated into all stages of migration.

5.2 THRUST 2: STRENGTHEN PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS BY ENHANCING LABOUR MIGRATION GOVERNANCE IN ASEAN COUNTRIES

c. The Ninth ASEAN Forum on Migrant Labour (Lao PDR)

20. Lao PDR informed the Meeting that the 9th AFML would be convened tentatively in November 2016 in Lao PDR. The venue and theme of the 9 th AFML would be conveyed to the ACMW in due course.

d. Study Visit of ACMW to the European Union on the Issue of Migration

21. The Meeting recalled that the Study Visit had been postponed as per the EU Delegation’s proposal with the new dates of 11-22 July, or 5-9 September or 19-20 September 2016. The new dates were consulted with the ACMW in April 2016 and by the end of the ad-referendum consultation, two AMS expressed their preference for July, one AMS preferred September and one AMS was flexible for both July and September. The result was conveyed to the EU Delegation for decision on the suitable period. The EU Delegation proposed for the week of 11-15 July 2016.

22. The Meeting considered the indicative programme for the Study Visit proposed by the READI Facility. The Meeting recalled that the TORs of the three short-terms consultants had been ad-referendum endorsed by ACMW. The consultants would be recruited by the READI Facility for preparation of the Study Visit. The TORs of the consultants appear together as ANNEX 10. The indicative programme appears as ANNEX 11.

23. The Philippines suggested the inclusion of a visit to the employers’ organisation to learn about their good practices and standards for zero tolerance of TIPs and on specific programmes for migrant workers.

24. The Meeting agreed to request the EU Delegation for postponement of the Study Visit for few days, because the proposed dates of 11-15 July 2016 were too close to the Idul Fitri holidays.

5.3 THRUST 3: REGIONAL COOPERATION TO FIGHT HUMAN TRAFFICKING IN ASEAN

e. Joint Activities by ACMW and Senior Officials Meeting on Transnational Crimes (SOMTC)

ASEAN Regional Seminar Workshop on Improving Border Controls and Strengthening the Capacity of Law Enforcement Authorities to Address

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Irregular Migration and Trafficking in Persons, 1-2 June 2016, Manila, the Philippines

25. The Philippines updated the Meeting on the tentative programme of the Workshop, the expected role of ACMW, and the expected outcomes of the Workshop. The invitation letter, tentative programme and information paper appear as ANNEX 12. The Workshop would involve ACMW, SOMTC, DGICM, AICHR, ACWC, and SOMSWD. The participation costs of those ASEAN bodies were funded by the READI Facility.

26. The Philippines highlighted that Thailand was invited to share experience on human trafficking and force labour in the fishing industry, Indonesia to share their experience on seafaring and human trafficking, and Cambodia to be a reactor of session 2.

f. Relevant Initiatives Undertaken by Other ASEAN Sectoral Bodies to Fight Human Trafficking in ASEAN

Socialisation of the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP) and the ASEAN Plan of Action Against Trafficking in Persons, Especially Women and Children (APA), 21 January 2016, Manila, the Philippines.

27. Malaysia, being the ACMW Chair at that time, reported on the Socialisation of the ACTIP and APA held on 21 January 2016. The Socialisation discussed areas of collaboration on (i) prevention of TIP; (ii) protection of victims; and (iii) regional and international cooperation and collaboration. Malaysia was of the views that ACMW would be able to contribute to the implementation of ACTIP and APA through capacity building projects and activities. Malaysia wished to see more initiatives to combat TIPs in the region by ACMW and other ASEAN sectoral bodies.

28. The Philippines, who also attended the Socialisation, concurred with the report of Malaysia. The Philippines highlighted that as TIPs cut across sectors, the implementation of ACTIP and APA should not be limited to SOMTC but involve all relevant sectoral bodies. The Philippines encouraged AMS to accelerate ratification of ACTIP, noting that it would enter into force after ratification by at least 6 AMS.

SOMTC-ASEAN Sectoral Bodies/Organs Collaboration Meeting on Trafficking in Persons, 31 March - 1 April 2016, Cebu, the Philippines

29. Myanmar reported to the Meeting on the SOMTC-ASEAN Sectoral Bodies/Organs Collaboration Meeting on TIP which reviewed the consolidated Matrix of Possible Areas of Collaboration with Other Relevant Sectoral Bodies under the Framework of APA with inputs from relevant sectoral bodies. The Collaboration Meeting agreed to re-circulate the consolidated Matrix to relevant sectoral bodies for review and inputs. The Collaboration Meeting also proposed for each relevant sectoral body to consider nominating a focal point to facilitate cross-sectoral collaboration.

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The Collaboration Meeting agreed that the monitoring of the APA will be done by the SOMTC Working Group on TIP while the reporting of the implementation should be further deliberated.

30. The Meeting recalled that following the Socialisation of ACTIP and APA, SOMTC-Philippines wrote to SLOM/ACMW in February 2016 requesting inputs to the Matrix of Possible Collaboration with Relevant ASEAN Sectoral Bodies/ASEAN Organs under the Framework of APA. The inputs of the SLOM/ACMW were conveyed to SOMTC on 15 March 2016. The letter of the SLOM Chair conveying the inputs appear as ANNEX 13.

31. The Meeting further recalled that subsequent to the SOMTC-ASEAN Sectoral Bodies/Organs Collaboration Meeting, the consolidated Matrix was conveyed by SOMTC-Philippines to SLOM/ACMW on 12 April 2016 for review and inputs by 6 May 2016. The Philippines clarified that the matrix was developed to share information on the ASEAN sectoral bodies’ respective initiatives concerning TIPs corresponding to the commitment in APA, and to avoid overlapping initiatives. The letter of SOMTC Philippines and the consolidated Matrix appear as ANNEX 14.

32. The Meeting noted that the updated Matrix included the previous inputs from ACMW and new inputs in the columns of SLOM/ACMW without prior consultation with SLOM/ACMW. The activities were: (i) intensive information drive to committees/grassroots/barangay level; (ii) information drive in cooperation with Public Employment Services Offices (PESO) and local media on anti-child labour campaign; (iii) strengthen links with parents-teachers association (PTA) in campaign against child labour; (iv) capacitate the child labour committees - Strengthen provincial/municipal child trafficking committees; and (v) create a strong mechanism in anti-illegal recruitment.

33. The Philippines informed the Meeting that the three activities were proposed by the Philippines during the SOMTC-ASEAN Sectoral Bodies/Organs Collaboration Meeting in recognition of the critical issue of child labour. Nonetheless, official clarification should come from SOMTC.

34. Indonesia highlighted the importance of addressing child labour issues and supported collaboration with other sectoral bodies to address the issue.

35. The Meeting agreed to update its previous inputs and include the workshop on investigation and prosecution related to labour dimension of TIPs in ASEAN and the workshop on strengthening the capacity of labour officials in the prevention of TIPs which were planned in the draft ACMW Work Plan 2016-2020. The Meeting also agreed to request for clarification from SOMTC regarding the additional inputs in the column of SLOM/ACMW prior to consideration by ACMW. The Chair was requested to write to the SOMTC-Philippines on these matters.

5.4 THRUST 4: DEVELOPMENT OF AN ASEAN INSTRUMENT ON THE PROTECTION AND PROMOTION OF THE RIGHTS OF MIGRANT WORKERS

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36. The Meeting recalled the decision of the ACMW Special Meeting on 28-29 October 2015 in Kuala Lumpur, Malaysia that the pending Articles and principle issues should be elevated to a higher level (SLOM and ALMM) for resolution. The Report of the ACMW Special Meeting and the latest draft ASEAN Instrument on the Protection and Promotion of Migrant Workers appear as ANNEXES 16 and 17, respectively.

37. The Meeting exchanged views and deliberated on how to resolve the matter and on ACMW’s report to SLOM for resolution as follows:

a. Indonesia stressed the importance of the finalisation of the draft ASEAN Instrument to realise the implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers. Indonesia expressed its hope that AMS would be able reach resolution on pending Articles and principle issues.

b. Lao PDR shared that the ACMW should identify the main issues that had delayed the finalisation and to facilitate the resolution by SLOM.

c. Viet Nam informed the Meeting that after 9 years since the adoption of the Declaration and series of negotiation without reaching consensus, Viet Nam no longer had further technical and financial resources to attend another meeting on the draft ASEAN instrument. Viet Nam encouraged AMS to reconcile and harmonise their positions taking into consideration the contribution of migrant workers. Viet Nam suggested for a non-legally binding ASEAN instrument first and the legal status could be revisited in future after the implementation.

d. The Philippines raised the urgency to finalise the draft ASEAN instrument as soon as possible by exercising flexibility and better understanding the unresolved issues. The Philippines proposed for accelerated finalisation of the draft instrument for submission to the 28 th ASEAN Summit in September 2016. In case it would not be possible, the Philippines proposed for submission to the 30th ASEAN Summit in April 2017. The Philippines underscored that 2017 would mark not only the 10th anniversary of the Cebu Declaration, but also the 50th Anniversary of ASEAN. The Philippines expressed its openness to the elevation of the pending principles to the AMM or Senior Officials Committee for ASCC (SOCA) if SLOM and ALMM could not resolve the matters.

e. Thailand supported the proposal of the Philippines to finalise the draft ASEAN instrument by 2016 or at the latest by 2017 at the ASEAN Summit in the Philippines. Thailand was of the view that the pending Articles should be resolved at the level of ACMW based on guidance from SLOM and ALMM on the pending principle issues.

f. Singapore urged AMS to exercise flexibility to reach resolution and consensus. Singapore agreed with the proposal of the Philippines with regard to the

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timeline for finalisation of the ASEAN instrument provided that the ASEAN instrument will be a non-binding document.

g. Myanmar accepted all possible and feasible ways to finalise the draft ASEAN instrument and supported the proposal of the Philippines on the timeline of finalisation of the ASEAN instrument.

h. Malaysia preferred a non-binding ASEAN instrument and supported the proposed timeline by the Philippines. Malaysia informed the Meeting that it was undertaking the review of its labour laws following its entry to the Trans-Pacific Partnership (TPP) and expected the review to be concluded in 2018. Malaysia noted that one of the ways to address the Cebu Declaration would be through the implementation of the ACMW Work Plan 2016-2020.

i. Lao PDR was of the view that ACMW should focus its consultation with SLOM and ALMM on the pending principle issues only, especially on the legality of the draft instrument.

j. Cambodia wished for clear guidance from SLOM and ALMM on pending principle issues. If consensus could not be reached, Cambodia proposed for bilateral negotiations and MOUs among AMS. Cambodia has developed bilateral MOUs with Thailand and Malaysia.

k. Brunei Darussalam reiterated its preference for a non-binding instrument which would give more flexibility to AMS. Brunei Darussalam expressed its commitment to work together with AMS in finalising the draft instrument and agreed with the proposed timeline by the Philippines.

l. Indonesia was of the views that in respect of differences among AMS with regard to the instrument and noting that so much time spent to finalise the draft instrument, Indonesia wished for a solid instrument and was very flexible on time required to finalise the draft instrument until after the flexibility and all ways are exhausted.

m. Viet Nam expressed its wish that in a case that the instrument would be non-legally binding, the rights of undocumented migrant workers and family members of migrant workers could be included in the instrument.

n. The Philippines recalled that the Drafting Team had offered doable alternative solutions concerning undocumented migrant workers and the rights of family members of migrant workers in the draft instrument. The Philippines requested AMS to try with their utmost to reach consensus on those Articles.

38. The Meeting agreed for the ACMW to consult with SLOM the three principle issues (i.e. legal nature of the instrument, family members of migrant workers, and undocumented migrant workers) and the proposed timeline of the finalisation of the instrument by the 30th ASEAN Summit in April 2017 at the latest.

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AGENDA ITEM 6 SUPPORT OF THE EU TO ACMW UNDER THE READI HUMAN RIGHTS FACILITY

39. The Meeting took note of the information shared by Malaysia on the 3 rd

Coordination Meeting of ASEAN-EU Human Rights Cooperation Programme under READI Human Rights Facility on 11 April 2016 in Jakarta, Indonesia. The Coordination Meeting was attended by representatives from ACMW (Malaysia and the Philippines, ACWC, ACW and AICHR, EuD to Indonesia and the READI Team. Malaysia informed the Meeting of the key discussion points, notably (i) funding shortfall of EU READI; (ii) review and consideration of READI Overview and Guideline for Project Implementation documents; (iii) the planned launch of the Enhanced READI (E-READI) by the European Union; and (iv) the interest of the European Union to have the 2nd ASEAN-EU Policy Dialogue on Human Rights in ASEAN region at the end of 2016 or early 2017. The Coordination Meeting noted that ACMW, ACWC, AICHR and ACW would require more time to review the READI Overview and Guideline for Project Implementation documents. The documents were submitted by the ASEAN Secretariat to the ACMW on 21 April 2016 for review and consideration by 9 May 2016. By the deadline of consultant, no response was received from AMS. The draft READI Overview and Guideline for Project Implementation documents appear as ANNEXES 18 and 19, respectively.

40. The Philippines added that three projects of the ACMW that were part of the READI Annual Work Plan II, notably the ACMW Study Visit to the European Union, the Publication of Compendium on Safe Migration, and the ASEAN Regional Seminar Workshop on Improving Border Controls and Strengthening the Capacity of Law Enforcement Authorities to Address Irregular Migration and Trafficking in Persons, would not be affected by the funding shortfall as their funding had been confirmed by the READI Team.

AGENDA ITEM 7 FINALISATION OF THE ACMW WORK PLAN 2016-2020

41. Lao PDR reported to the Meeting on the Special Meeting of ACMW on Drafting of the ACMW Work Plan 2016-2020 on 4-5 April 2016 in Luang Prabang, Lao PDR. The Meeting developed the draft ACMW Work Plan 2016-2020 which appears as ANNEX 20. The Meeting reviewed the draft ACMW Work Plan 2016-2020 and deliberated as follows:

Project no. 1 Workshop on best practices in protecting migrant workers

42. The Meeting noted that the project would commence in 2018 in Singapore. From 2018 onwards, AMS hosting the ACMW Meeting would consider convening the Workshop on a need basis. The Philippines informed the Meeting that it would not host the Workshop in 2017 because best practices of AMS would be shared at the 10th AFML in 2017.

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Project no. 2: ASEAN Forum on Migrant Labour

43. The Philippines informed the Meeting that the 10th AFML in 2017 would focus on sharing of best practices on protection of domestic migrant workers. Lao PDR confirmed to host the 9th AFML in 2016.

Project no. 3: ACMW review mechanism of AFML recommendations

44. The Meeting noted that the review mechanism of AFML recommendation will be conducted on a regular basis during the ACMW Meeting. The Meeting noted that ILO had undertaken a biennial review of the implementation of AFMLs’ recommendations since the 3rd AFML based on desk reviews and information gathered during the national preparatory meetings of the AFML. As such, the ACMW could consider its review to go beyond stocktaking of the implementation but to analyze and assess which recommendations that are low hanging fruits and could be followed up by ACMW at the regional level.

45. Thailand proposed that the review of the AFML Recommendations be done at 10 th

ACMW Meeting in 2017 in the Philippines.

46. Malaysia noted that there were over 60 points of Recommendations since the 1 st

AFML and suggested that the ACMW could approach ILO to assist in clustering the Recommendations in coordination with ACMW Malaysia, as outgoing Chair, ACMW Lao PDR, as current Chair, and ACMW Philippines, as incoming Chair.

47. The Meeting agreed with Malaysia in seeking support of ILO and requesting Malaysia, Lao PDR and the Philippines to facilitate the first review of the AFML Recommendations for submission to the 10th ACMW Meeting.

Project no. 4: Publication of a compendium of safe migration information material from AMS

48. The project was already discussed under Agenda Item 5.1

Project no. 5: Reintegration Programme for Returning Migrant Workers

49. Indonesia presented the concept note of the Project which appears as ANNEX 21.

50. Viet Nam proposed that the project to focus on convening a regional workshop for AMS to share best practices on reintegration programmes for returning migrant workers. Indonesia agreed to fine tune the proposal by focusing on a workshop and would identify the key concerns pertaining to returning migrant workers.

51. The Philippines shared with the Meeting on its WEL (Welfare, Education and Legal Assistance) initiatives and expressed its support and interest to share its experience. The Philippines further suggested that ACMW could consider developing a regional reintegration programme for migrant workers.

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Project no. 6 ASEAN Network Forum on Mutual Recognition Arrangement (MRA) of Competency

52. Indonesia presented the concept note of the Project which appears as ANNEX 22.

53. Thailand enquired further clarification on the linkage between ASEAN Qualifications Reference Framework (AQRF), Mutual Recognition Arrangements (MRAs) and Mutual Recognition of Skills (MRS). In this connection, Viet Nam suggested that the clarification given by ILO under its MRS project could be shared with the ACMW for information.

54. The Meeting considered that due to the mandate of ACMW in protecting and promoting the rights of migrant workers, the Project may be more appropriately addressed by other ASEAN sectoral body. The Meeting agreed to redirect the Project to the SLOM-WG Work Plan 2016-2020 and requested Indonesia to revise the concept paper based on the inputs received.

Project no. 7 Study on the demand and supply of migrant workers in receiving and sending countries in ASEAN

55. Viet Nam informed the Meeting that the title of the Project had been adjusted due to the change in the scope. The concept paper of Viet Nam appears as ANNEX 23. The Project would look into the actual trends of demand and supply through evaluation and assessment of available data.

56. Noting the connection between Project no. 7 led by Viet Nam and Project no. 15 on capacity building and sharing best practices on labour market to be led by Indonesia, the Meeting agreed to renumber the two Projects as No. 7A and 7B to emphasize their complementarity.

Project no. 8 Research and regional workshop on the linkage between TVET and sending workers to work overseas

57. Viet Nam presented the concept paper of the Project which appears as ANNEX 23. Recognising experiences of the Philippines on skills development for overseas workers, Viet Nam requested the assistance of the Philippines in improving the concept paper. The Philippines welcomed the request from Viet Nam.

58. The Meeting considered that the project would be more appropriate to be undertaken by other ASEAN sectoral body. The Meeting agreed to redirect the project to the SLOM-WG Work Plan 2016-2020.

Project no. 9 Research on migrant worker right-based on standard employment (Indonesia)

59. Indonesia presented the concept note of the Project which appears as ANNEX 24. The Meeting agreed with the proposal of Indonesia to include the Project with Project no. 13.

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60. Indonesia took note on the suggestion from Malaysia that the research should also be useful for practitioners.

Project no. 10 Study on portability of social security for migrant workers across AMS (Thailand)

61. Thailand informed the Meeting that ILO was amidst undertaking a study on social protection of migrant workers. Thailand would develop the concept paper after assessing the ILO study report to avoid duplication.

62. Viet Nam requested the Philippines to share experience of its bilateral MOUs with other countries to facilitate portability of social security for its workers overseas under this project.

Project no. 11 Collaboration with SOMHD on addressing health risk of migrant workers including those affected by emerging infectious diseases (The ASEAN Secretariat)

63. The ASEAN Secretariat updated the Meeting that under its new structure, SOMHD comprised 4 clusters. One cluster was focused on improving access to health care services and would meet in July 2016 to develop its work programme. The ASEAN Secretariat would share information on the initiatives of the said cluster after its Meeting convened.

Project no. 12 Finalisation of the ASEAN instrument on the protection and promotion of the rights of migrant workers

64. The Meeting reiterated the agreement to finalise the ASEAN instrument in time for the 28th ASEAN Summit in 2016 or, at the latest, the 30th ASEAN Summit in 2017.

Project no. 13 (a) Research on gender dimension of migration (including exploitation and mistreatment) and (b) Seminar/conference to socialize the research results to AMS and beyond

65. The Meeting took note on the concept note of Indonesia which appears as ANNEX 25. The Meeting further noted the update from Indonesia on the discussion with UN Women to explore possibility for collaboration. However, as the objectives of the ACMW’s research led by Indonesia and the planned study led by UN Women were different, the two studies may not be able to be combined. However, UN Women expressed its keenness to support the ACMW’s research.

Project no. 14 Public campaign on safe migration

66. Indonesia presented the concept note which appears as ANNEX 26. Indonesia proposed that the public campaign be built on the publication of compendium of safe migration information materials led by the Philippines.

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67. The Meeting requested that the public campaign initiatives to be more feasible to be undertaken at regional level. The Philippines expressed its interest to collaborate with Indonesia in revising the design of the public campaign. The Philippines expressed its readiness to commence the public campaign in 2017 as a commemorative activity of the 50th anniversary of ASEAN.

Project no. 16 Repository of legislation and policies on migrant workers of AMS

76. The Philippines requested the ASEAN website’s online repository to be linked with the official websites of the labour ministries of AMS. The ASEAN Secretariat clarified that Singapore was the only AMS that requested for its official URL link to the legislations and policies to be referred to. The ASEAN Secretariat would accommodate the prosed linking on a request basis. Project no. 17 Comparative study on laws and policies in the management of foreign workers in ASEAN, particularly in occupations under 8 MRAs

77.Viet Nam informed the Meeting that the Project had been readjusted from the original scope proposed at the ACMW Special Meeting in April 2016. The concept note of the project appears as ANNEX 27. Viet Nam referred to the ILO-ADB Study which showed a low number of workers registered under MRAs and highlighted the need to raise awareness and knowledge on existing MRAs as well as explore the possibility to extend MRAs to other occupational areas. Viet Nam proposed that the Project be undertaken in collaboration with SLOM-WG. While SLOM-WG would focus on skills development and skills recognition, the ACMW could focus on the protection of rights and capacity building of migrant workers.

78.The Philippines recognised the link between enhancement and recognition of skills and labour protection. The Philippines suggested for collaboration with other ASEAN sectoral bodies that have expertise in the field. The ASEAN Secretariat further proposed that one possible approach is by combining Project no. 8 and 17 as a comparative study of the management of high-skilled workers and low-skilled workers and identification of the gaps in protecting their rights.

79.Malaysia considered that the outcome of the study could support better understanding on the gaps in protecting and promoting the rights of migrant workers.

80.The Meeting agreed to redirect the project to the SLOM-WG Work Plan 2016-2020.

Project no. 18 Workshop on Investigation and prosecution related to labour dimension of TIPs in ASEAN

81. The Philippines presented the concept note which appears as ANNEX 28.

82. Viet Nam suggested the involvement of the Dialogue Partners, particularly China, Japan, and ROK, in the Workshop, taking into consideration the incidence of labour trafficking across neighboring countries.

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Project no. 19 Workshop on labour protection of migrant workers through an ASEAN networking forum on labour inspection

83. Indonesia presented the concept note which appears as ANNEX 29.

84. Viet Nam and the Philippines encouraged a synergy between the Project and the ASEAN Labour Inspection Conference under SLOM-WG. Malaysia informed the Meeting that it would host the 6th ASEAN Labour Inspection Conference in 2016 under the theme of utilization of labour inspection to combat forced labour. Indonesia agreed to take into account the themes of the upcoming ASEAN Labour Inspection Conferences to avoid duplication.

Project no. 20 Workshop on strengthening the capacity of labour officials in the prevention of TIPs

85. Lao PDR informed the Meeting that a concept paper will be conveyed to the ACMW after the Meeting.

86. Viet Nam proposed that the Workshop could build on the outcome of Project no. 18 as a follow-up activity. The Workshop should also involve SOMTC and SOMSWD as potential collaborators.

87. Malaysia suggested that Lao PDR and the Philippines consider combining the Project no. 18 and 20 and convene the Workshop as soon as possible. While noting the inter-relation of both Projects, the Philippines clarified that the Project no. 18 would focus on the criminal justice response to labour dimension on TIPs while the project of Lao PDR would focus on the prevention of TIPs. The Philippines suggested that Lao PDR could focus on the issue of labour inspectors’ capacity to properly identify labour trafficking victims.

88. The Meeting finalised the draft ACMW Work Plan 2016-2020 for submission to the 12th SLOM for endorsement. The final draft ACMW Work Plan 2016-2020 appears as ANNEX 30.

89. The Meeting agreed to explore the support from the E-READI for Project no. 4, 10(a), 11, 13 and 15. The Meeting agreed to share the final draft ACMW Work Plan 2016-2020 with ILO, UN Women and IOM to facilitate their consideration of collaboration.

AGENDA ITEM 8 OPEN SESSION

8.1 INTERNATIONAL LABOUR ORGANIZATION (ILO)

90. ILO presented on its update activities on labour migration in ASEAN. Recent activities include a support to Lao PDR in hosting of the 9 th AFML in 2016; the launch of Phase IV of International Labour Migration Statistics (ILMS) Database in

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ASEAN in May 2016 to collect newly available data from 2015; finalisation of the Guide on Measuring Migration Policy Impacts in ASEAN; finalisation of a Toolkit to Promote Gender Equality in Labour Migration (GEM): Laws, Policies, and Programmes; the 3rd ITC-ILO-COMPAS Training Course on ASEAN Regional Integration in December 2015 in Bali, Indonesia; Training of Trainers on financial literacy programme in Malaysia in 2015 and Thailand in 2016; Series of Workshops of ASEAN Labour Attaches in Malaysia and Thailand; capacity building activities of CLMV; support to annual dialogue between ASEAN Confederation of Employers (ACE) and ASEAN Trade Union Council (ATUC) in March 2016; support to skills recognition initiatives targeting medium and low skilled workers; support initiatives on social protection for migrant workers including ILO’s on-going study on social protection for migrant workers; and support to the SLOM’s ASEAN Inter-Pillar Policy Dialogue on the Impact of ASEAN Economic Integration in Labour Sector on 21 March 2016 in Kuala Lumpur, Malaysia.

91. ILO further introduced its way forward on the collaboration with ASEAN with aim to increase labour rights protections and decent work opportunities for migrant workers in the framework of ASEAN economic integration. The collaboration will be coursed through the Tripartite Action to Enhance the Contribution of Labour Migration to Growth and Development in ASEAN (TRIANGLE II) (2015-2025, funded by the Government of Australia); and Phase II of Tripartite Action for the Protection and Promotion of the Rights of Migrant Workers (ASEAN TRIANGLE II) which was under discussion with the Government of Canada. ILO further informed the Meeting on the other relevant activities on labour migration in Asia including the Asia-Pacific Regional Management Meeting of the International Labour Conference in December 2016 in Indonesia; and the 9 th Global Forum on Migration and Development in December 2016 in Bangladesh. Last but not least, ILO highlighted that issues of migrant workers had been incorporated in the global development agendas, particularly the Sustainable Development Goal 8: Decent Work and Economic Growth (Target 8.8), Goal 10: Reduced Inequality (Target 10.7 and 10.10); and Goal 17: Partnerships for the goals (Target 17.18). The presentation of ILO appears as ANNEX 31.

92. The Meeting expressed its appreciation to ILO for its continued support to the ACMW and welcomed the opportunity to collaborate with ILO in the implementation of the ACMW Work Plan 2016-2020. The Meeting exchanged views as follows:

a) Thailand informed ILO of its project to study the portability of social protection of migrant workers under the new ACMW Work Plan 2016-2020. Noting the on-going study of ILO on social protection for migrant workers, Thailand proposed to collaborate with ILO in fine-tuning the scope of its Project and in implementing it afterwards following the finalisation of the study of ILO.

b) The Philippines recommended an exploration of collaborate between ACMW and ILO in mainstreaming relevant SGDs into the ACMW Work Plan 2016-2020.

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c) Viet Nam noted the development of studies and tools by ILO and requested that the materials be shared with the ACMW for information and reference. Viet Nam requested ILO to share its assessment of AFML recommendations which could be further considered by the ACMW for the improvement of the AFML. Viet Nam also encouraged the involvement of the ACMW focal points in the ASEAN TRIANGLE Project.

d) ILO welcomed the opportunities to collaborate with the ACMW on the issues of portability of social protection for migrant workers and the mainstreaming of SDGs. ILO informed the Meeting that all its publication and materials were available in its website. Nonetheless, it recognised a need for a more deliberated effort to share and raise awareness on the publication and materials. In connection with the AFML, ILO informed the Meeting that it had clustered the recommendations of the past AFMLs into six clusters. It proposed that AMS could form small working groups to look into each cluster and identify the recommendations that should be prioritised for follow-up actions. ILO welcomed the suggestion of Viet Nam on the engagement with ACMW focal points.

e) Indonesia provided inputs to the ILO’s Analytical Report on the International Labour Migration Statistics Data in ASEAN. Indonesia expressed its support to the ASEAN TRIANGLE II and looked forward to the confirmation of the Project. Indonesia also looked forward to the finalisation of the ASEAN Instrument on the Protection and Promotion of the rights of Migrant Workers. Indonesia encouraged ILO to balance the collaboration between ILO and government and ILO and social partners and NGOs. Indonesia further invited ILO to participate and support capacity building activities related to labour migration in Indonesia. Indonesia expressed its support to strengthening collaboration between ILO and the ACMW.

f) In response, ILO clarified that the Analytical Report was a result of data collection from national statistical focal points which were nominated by AMS to work with ILO. The data was consolidated and validated by AMS. ILO clarified that the Report was expected to be updated on regularly basis. ILO informed the Meeting that it had provided the technical support to the initial work on the draft ASEAN Instrument while the negotiation and finalisation of the draft ASEAN Instrument were limited to AMS. ILO however had provided financial support to the officials from some AMS to participate in the ACMW meeting on the ASEAN Instrument.

8.2UN WOMEN

93. UN Women introduced its concept note on a Study on Impact of ASEAN Economic Integration on Migrant Women Workers. The Meeting recalled that the concept note had been submitted to the ACMW in April 2016 by Malaysia as the ACMW Chair at that time. The open session with UN Women was attended by a representative of FES, being the organisation supporting the proposed Study. The

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letter of ACMW Malaysia and the concept note of UN Women appear together as ANNEX 31.

94. UN Women highlighted the objective of the Study, notably (i) to examine trends in women’s migration in the ASEAN region and their contribution to the growth and economic progress of the region; and (ii) to identify actions to promote employment opportunities, decent work conditions and skills development for women migrant workers. The Study will look into 2-3 priority sectors to examine the role of women migrant workers and how they were impacted by the ASEAN Economic Community. The Study will also identify and document good practices in labour market policies that address the needs of women migrant workers. UN Women informed the Meeting that the Study will be based on secondary data and information from different sources including ASEAN statistical database, migration and remittance database of the World Bank and international labour migration statistics (ILMS) of ILO; as well as a primary data from interviews with experts, relevant government sectors and women migrant workers. The Study will build on the ILO-ADB Study and ASEAN-UN Women-FES Study on Projected Gender Impact of ASEAN Economic Community. In this connection, UN Women proposed to collaborate with the ACMW in undertaking the Study including data collection and convening of a high-level consultation to socialise the findings of the Study. Presentation of UN Women appears as ANNEX 32.

95. Indonesia welcomed the interest of UN Women to collaborate with ACMW on gender equality. Indonesia highlighted its proposal to conduct a research on gender dimension of migration (including exploitation and mistreatment) under the ACMW Work Plan 2016-2020. Indonesia sought the concurrence from the Meeting to collaborate with UN Women on the research which scope and methodologies could be further discussed by Indonesia and UN Women. Noting the information on statistics of migrant workers in ASEAN consolidated by ILO, Indonesia acknowledged the significant contribution of women migrant workers and suggested that the research looked into this contribution.

96. The Philippines shared its appreciation to the work of UN Women in protecting and promoting the rights of women migrant workers particularly women domestic workers. The Philippines expressed its support to the proposal of UN Women.

97. The Meeting expressed its appreciation to UN Women for its interest to collaborate with the ACMW.

8.3 INTERNATIONAL ORGANIZATION FOR MIGRATION (IOM)

98. IOM presented on the overview of its IOM-X project which was an innovative campaign to encourage safe migration and public action to stop human trafficking and exploitation in countries across the ASEAN region using Communication-for-Development (C4D) through the use of media and technology and youth-led activities. Target audiences of IOM X included communities and individuals in sending and receiving countries including migrant workers and employers. Priority

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sectors of IOM X included fishing, domestic work, entertainment, manufacturing and forced marriage. IOM highlighted its #Happy Home Campaign which targeted the prevention of exploitation of domestic workers. Developed with the engagement of employers, the campaign consisted, among others, the production of e-learning materials, mobile application, drama programme, public service announcement and online video and it looked to promote positive working relationship between women domestic workers and the employers. Three video told the stories of domestic migrant workers in three destination countries, notably Malaysia, Singapore and Thailand. The #Happy Home campaign would be launched in Jakarta, Indonesia on 25 May 2016. IOM informed the Meeting that the Deputy Secretary General of ASCC was invited to attend the launch. IOM also requested for the consideration of ACMW to endorse the project of #HappyHome Campaign and thus, allow the use of ASEAN emblem at the launch and on the materials. The presentation of IOM and the proposal of #Happy Home campaign appear as ANNEXES 33-34.

99. The Meeting expressed its appreciation to IOM for its interest to collaborate with ACMW on this project.

Closed session

100. Indonesia, Malaysia, and Myanmar expressed its support to the proposal of #HappyHome Campaign. The Meeting noted that the other 7 AMS would require more time to consider the proposal and requested for their responses to the ASEAN Secretariat by 21 May 2016. The Meeting agreed with Indonesia that the Deputy Secretary-General of ASEAN should take into account the decision of ACMW in considering the invitation of IOM to attend the event.

AGENDA ITEM 9 OTHER MATTERS

9.1 EDUCATION-SKILLS-TRAVEL POLICY LAB

101. Malaysia informed the Meeting of its participation, as ACMW Chair at that time, to the Education-Skills-Travel Policy Lab on 16 February 2016 in Singapore. The Education-Skills-Travel Policy Lab was convened to generate initial ideas and initiatives for the formulation of a Post-2015 ASEAN Connectivity Agenda.

AGENDA ITEM 10 TENTATIVE DATES AND VENUE OF 10th ACMW MEETING

102. Taking into account the agreement of the ACMW to finalise the draft ASEAN instrument at the latest by the ASEAN Summit in April 2017, the Philippines informed the Meeting that the 10th ACMW Meeting was planned for April 2017 before the 30th ASEAN Summit. The tentative dates and venue would be informed to AMS in due course following the consultation with its capital.

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103. The Philippines explored the possibility of convening an informal ALMM in 2017 to finalise the draft ASEAN instrument, if necessary.

AGENDA ITEM 11 CONSIDERATION AND ADOPTION OF THE REPORT OF THE 9th ACMW MEETING

104. The Meeting considered and adopted the Report of the 9th ACMW Meeting.

CLOSING SESSION

105. The Chair expressed his appreciation to the delegation of AMS for its active participation.

ACKNOWLEDGEMENT

The Delegations of AMS expressed their appreciation to the Government of Lao PDR for the warm hospitality and excellent arrangement of the Meeting. They also expressed their appreciation to the ACMW Chair for his leadership and to the ASEAN Secretariat for the assistance rendered.

The Meeting was held in the traditional spirit of ASEAN cooperation and cordiality.

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draft report of the 9th acmw meeting for consideration

Documents