The International Labour The International Labour Movement, the ILO & Movement, the ILO &

Migrant Workers RightsMigrant Workers Rights

Arun Kumar-Actrav-TurinArun Kumar-Actrav-Turin

18/1218/12 - International Migrants Day - International Migrants Day

18th December is the International Migrant's 18th December is the International Migrant's Day (declared by UN in 2000)Day (declared by UN in 2000)

It was on 18th December 1990 that the UN It was on 18th December 1990 that the UN adopted the International Convention on the adopted the International Convention on the Protection of the Rights of all Migrants Protection of the Rights of all Migrants Workers and Members of Their FamiliesWorkers and Members of Their Families

A day of Solidarity with the Migrants - an A day of Solidarity with the Migrants - an opportunity to acknowledge the opportunity to acknowledge the contributions of migrants to the economies contributions of migrants to the economies & to promote respect for their basic human & to promote respect for their basic human rights. rights.

Migrant Workers are an asset to every Migrant Workers are an asset to every country where they bring their labour.country where they bring their labour.

Let us give them dignityLet us give them dignity

they deserve as human beings and they deserve as human beings and respect they deserve as workers.respect they deserve as workers.

Juan SomaviaJuan Somavia

Director General of ILODirector General of ILO

Migrants & Human RightsMigrants & Human RightsNumber of internationally agreed rights Number of internationally agreed rights under ILO & UN Human Rights Conventions under ILO & UN Human Rights Conventions are applicable to migrant workers. are applicable to migrant workers. Additionally there are specific conventions Additionally there are specific conventions aimed at protecting migrant workers rights:aimed at protecting migrant workers rights:

ILO’s Migration for Employment Convention ILO’s Migration for Employment Convention of 1949 (Revised) (C. 97 & R. 86) of 1949 (Revised) (C. 97 & R. 86)

The Migrant Workers (Supplementary The Migrant Workers (Supplementary Provisions) Convention of 1975 (C. 143 & R. Provisions) Convention of 1975 (C. 143 & R. 151) 151)

UN’s International Convention on the UN’s International Convention on the Protection of the Rights of All Migrant Protection of the Rights of All Migrant Workers & Members of their Families Workers & Members of their Families

Rights of Migrant Workers in Rights of Migrant Workers in Irregular SituationIrregular Situation

ILO Policy: All workers have basic human rights ILO Policy: All workers have basic human rights

& ALL ILO Conventions apply to ALL , including & ALL ILO Conventions apply to ALL , including

migrant workers regardless of their status.migrant workers regardless of their status.

C 143 provides also for rights of C 143 provides also for rights of undocumented or migrants workers in undocumented or migrants workers in irregular situation -irregular situation -• Calls for respect for basic human rights of Calls for respect for basic human rights of

ALL migrantsALL migrants• Promotes equality of treatment for rights Promotes equality of treatment for rights

arising out of past employment – Art 9 (1)arising out of past employment – Art 9 (1)

contd….contd….

Rights of Migrant Workers in Rights of Migrant Workers in Irregular SituationIrregular Situation

• Provides for the right of a migrant worker Provides for the right of a migrant worker to change employer "after a reasonable to change employer "after a reasonable period of time" not longer than two years period of time" not longer than two years

• Right to due process in respect of disputesRight to due process in respect of disputes• Costs of deportation not to be borne by the Costs of deportation not to be borne by the

workersworkers• States are free to regularize such workersStates are free to regularize such workers

ILO Multilateral Framework on ILO Multilateral Framework on Labour MigrationLabour Migration

Approved by GB in 2006Approved by GB in 2006 15 Non-binding principles & guidelines for 15 Non-binding principles & guidelines for

a rights-based approach to labour a rights-based approach to labour migration migration

based on best practices and international based on best practices and international standardsstandards

Promotes - decent work for all; Promotes - decent work for all; management & governance of migration; management & governance of migration; promotion & protection of migrant rights; promotion & protection of migrant rights; and, migration & development. and, migration & development.

IssuesIssues No Asia-Pacific country has ratified ILO No Asia-Pacific country has ratified ILO

ConventionsConventions

Except New Zealand & Malaysia (Ltd to Sabah)Except New Zealand & Malaysia (Ltd to Sabah) Only 34 countries have ratified UN’s Only 34 countries have ratified UN’s

International Convention (June 2006) – in International Convention (June 2006) – in Asia only Philippines & Sri Lanka have Asia only Philippines & Sri Lanka have ratifiedratified

Standards or ratifications are necessary but Standards or ratifications are necessary but not enough; what’s also needed is effective not enough; what’s also needed is effective enforcement & affordable access to redress enforcement & affordable access to redress mechanismsmechanisms

TU Initiatives for Migrant WorkersTU Initiatives for Migrant Workers ICFTU, now ITUF, has action programme on ICFTU, now ITUF, has action programme on

migrant workers – to encourage TUs in migrant workers – to encourage TUs in different countries to promote organizing & different countries to promote organizing & rights of migrants.rights of migrants.

In many countries, TUs have been organizing In many countries, TUs have been organizing migrant workers, have help lines, training migrant workers, have help lines, training programmes, info centres to help migrants, programmes, info centres to help migrants, legal services to defend & help them with legal services to defend & help them with administrative procedures.administrative procedures.

Oppose racism & prejudices to which migrant Oppose racism & prejudices to which migrant workers are often subjected to.workers are often subjected to.

TU Initiatives for Migrant WorkersTU Initiatives for Migrant WorkersKorea: FKTU & KCTUKorea: FKTU & KCTU

Both unions organizing migrantsBoth unions organizing migrants Seeking abolition of the ‘industrial trainee Seeking abolition of the ‘industrial trainee

system’ with ‘employment permit system’system’ with ‘employment permit system’ Oppose deportation of irregular migrants & Oppose deportation of irregular migrants &

advocating for law for protection of all advocating for law for protection of all Legal services & phone line for Migrant Legal services & phone line for Migrant

WorkersWorkers Connecting migrant workers to their Connecting migrant workers to their

embassies embassies Cooperating with the TUs in the sending Cooperating with the TUs in the sending

countries & NGOs countries & NGOs

TU Initiatives for Migrant WorkersTU Initiatives for Migrant WorkersMalaysia: MTUCMalaysia: MTUC

Organizes, promotes Organizes, promotes education, skills education, skills training, introduction to local unionstraining, introduction to local unions

Seeks to work with embassies & national Seeks to work with embassies & national trade unions of sending countriestrade unions of sending countries

Seeks review of laws discriminating against Seeks review of laws discriminating against migrant workers, inclg for Social Securitymigrant workers, inclg for Social Security

Assists refugees & undocumented workers Assists refugees & undocumented workers who find themselves in an irregular situationwho find themselves in an irregular situation

Advocates for a regulatory framework based Advocates for a regulatory framework based on ILO & UN Conventions for migrants on ILO & UN Conventions for migrants

TU Initiatives for Migrant WorkersTU Initiatives for Migrant Workers

Philippines: TUCPPhilippines: TUCP PrPromotes Organizing, education, skills omotes Organizing, education, skills

training, introduction to local unionstraining, introduction to local unions Seeks to work with embassies & national Seeks to work with embassies & national

trade unions of receiving countriestrade unions of receiving countries Filed representation with ILO against Filed representation with ILO against

Hong Kong in 2003 following its Hong Kong in 2003 following its decision to cut wages of migrant decision to cut wages of migrant domestic workers – discrimination, domestic workers – discrimination, violation of Art 6 of ILO C. 97violation of Art 6 of ILO C. 97 – – prohibits prohibits unequal treatmentunequal treatment

TU Initiatives for Migrant WorkersTU Initiatives for Migrant Workers

In OECD countries:In OECD countries: British TUC & Portuguese CGTP-IN cooperate British TUC & Portuguese CGTP-IN cooperate

to promote membership of Portuguese to promote membership of Portuguese migrant workers in UK. Similar agreements migrant workers in UK. Similar agreements of CGTP-IN exist with Spanish and Swiss of CGTP-IN exist with Spanish and Swiss Trade unions. Trade unions.

AFL-CIO seeks legalization of AFL-CIO seeks legalization of allall migrant migrant workers & equal rights for migrants. workers & equal rights for migrants. Provides free legal services for immigrant Provides free legal services for immigrant workers, including lawyers. workers, including lawyers.

TU Initiatives for Migrant WorkersTU Initiatives for Migrant WorkersIn OECD countries:In OECD countries:

Force Ouvrière runs a free phone service in Force Ouvrière runs a free phone service in France for migrant workers. CFDT organizes France for migrant workers. CFDT organizes seasonal migrant workers in agriculture.seasonal migrant workers in agriculture.

In 2002, UGT used complaint mechanism of In 2002, UGT used complaint mechanism of ILO’s FoA Committee to get undocumented ILO’s FoA Committee to get undocumented migrants in Spain the right to join unions. In migrants in Spain the right to join unions. In 2004, Spanish unions (UGT & CCOO) 2004, Spanish unions (UGT & CCOO) campaign helped regularise undocumented campaign helped regularise undocumented migrants, brought new rules for protecting migrants, brought new rules for protecting migrants rights. migrants rights.

TU Initiatives for Migrant WorkersTU Initiatives for Migrant Workers

In OECD countries:In OECD countries: Italian Unions organize & train immigrant Italian Unions organize & train immigrant

unionists, advocate for regularizing irregular unionists, advocate for regularizing irregular migrants & amend discriminatory laws – have migrants & amend discriminatory laws – have links with unions in home countries & links with unions in home countries & cooperate with NGOs for protection of cooperate with NGOs for protection of migrant workers. migrant workers.

Australian & New Zealand Council of TUs Australian & New Zealand Council of TUs promote organizing & rights awareness promote organizing & rights awareness among migrants thru radio broadcasts, among migrants thru radio broadcasts, campaign materials - in native languages.campaign materials - in native languages.

Burmese Migrant Workers in Burmese Migrant Workers in ThailandThailand

Burmese people – not only economic Burmese people – not only economic migrants but also political - migrate to migrants but also political - migrate to escape forced labour & other human rights escape forced labour & other human rights atrocities in Burma; atrocities in Burma;

However, situation in Thailand is not easy;However, situation in Thailand is not easy;

The FTUB seeks to work with existing Thai The FTUB seeks to work with existing Thai unions to organize Burmese workers. The unions to organize Burmese workers. The main demands of the workers are – main demands of the workers are – Entitlement to basic rights under Thai law, Entitlement to basic rights under Thai law, minimum wages, voluntary paid overtime, minimum wages, voluntary paid overtime, paid days off & the right to organize.paid days off & the right to organize.

Women Migrants WorkersWomen Migrants Workers Many get trafficked into Thailand with debts Many get trafficked into Thailand with debts

owed to the people who helped smuggle owed to the people who helped smuggle them in. Local authorities, including police them in. Local authorities, including police involved in trafficking involved in trafficking

Majority live & work in the border towns – in Majority live & work in the border towns – in small & medium factories, fruit, vegetable & small & medium factories, fruit, vegetable & flower farms, fish processing units, etcflower farms, fish processing units, etc

Employers prefer hiring women migrants Employers prefer hiring women migrants BUT if they get pregnant, then they loose BUT if they get pregnant, then they loose jobs w/o any compensation or maternity jobs w/o any compensation or maternity benefits -benefits -Be Be Productive but not Productive but not ‘reproductive’‘reproductive’

Women Migrants Workers: IssuesWomen Migrants Workers: Issues Lower wages, dismissible w/o compensationLower wages, dismissible w/o compensation Women face sexual harassment &/or sexual Women face sexual harassment &/or sexual

assaults in the workplace, detention centers, assaults in the workplace, detention centers, &/or in their homes &/or in their homes

Reproductive & maternal health related Reproductive & maternal health related difficulties – difficulties – high rate of STDs, risks of HIV, high rate of STDs, risks of HIV, unwanted pregnancies - unwanted pregnancies - absence of health absence of health care – high costs - needcare – high costs - need for health education, for health education, contraceptive methods, family planning, HIV-contraceptive methods, family planning, HIV-AIDS education, AIDS education,

----------------------------------------------------------------------------------------------Children – stateless, education less, sexually Children – stateless, education less, sexually exploited, child labour, health issues, etcexploited, child labour, health issues, etc

Thailand’s Labour Law Thailand’s Labour Law & Migrant Workers& Migrant Workers

Under Thai Constitution, migrants & Thai Under Thai Constitution, migrants & Thai workers are equal, however -workers are equal, however -

Under Thai Labour Relations Act, non-Thai Under Thai Labour Relations Act, non-Thai person can only be a member of the union, person can only be a member of the union, he/she cannot form a union or be a union he/she cannot form a union or be a union committee member/office bearercommittee member/office bearer

Only documented/legal migrants have Only documented/legal migrants have labour rights, irregular/undocumented labour rights, irregular/undocumented workers can be imprisoned &/or deportedworkers can be imprisoned &/or deported

In practice, little or no rights for Burmese In practice, little or no rights for Burmese migrantsmigrants

Hurdles in OrganizingHurdles in Organizing Lack of unions in Thailand’s private sector Lack of unions in Thailand’s private sector

industryindustry Illegality of most migrants, Employers Illegality of most migrants, Employers

hostility & threat of deportation – attempts to hostility & threat of deportation – attempts to organize leads to job loss & deportationorganize leads to job loss & deportation

Lack of resources of Thai unionsLack of resources of Thai unions Lack of awareness of rights and information Lack of awareness of rights and information

on trade unions among migrantson trade unions among migrants Language, cultural barriers & communication Language, cultural barriers & communication

problems between Thai & Burmeseproblems between Thai & Burmese Lack of political will and hostility of the labour Lack of political will and hostility of the labour

law enforcement machinerylaw enforcement machinery

What’s needed?What’s needed? Facilitative legal & institutional environment Facilitative legal & institutional environment Respect for principles of FoA & Right to Respect for principles of FoA & Right to

Collective Bargaining– changes in labour lawCollective Bargaining– changes in labour law Campaign for ratification of ILO’s & UN Campaign for ratification of ILO’s & UN

Conventions for Migrant workersConventions for Migrant workers Strengthen labour law enforcement machineryStrengthen labour law enforcement machinery Affordable access to disputes resolution Affordable access to disputes resolution

machinerymachinery Translation & legal services for the migrantsTranslation & legal services for the migrants Education & Awareness raising programmes Education & Awareness raising programmes

for migrant workers – in their languagefor migrant workers – in their language Health care and education facilitiesHealth care and education facilities

What’s needed?What’s needed? Cooperation with Thai TUs, NGOs, community Cooperation with Thai TUs, NGOs, community

& immigrant rights networks& immigrant rights networks Human rights orientation for the police & other Human rights orientation for the police & other

local authoritieslocal authorities Use of ILO’s Complaints mechanism to Use of ILO’s Complaints mechanism to

pressurize Governments to end discriminatory pressurize Governments to end discriminatory labour practices against migrantslabour practices against migrants

Actions to promote Decent work in Informal Actions to promote Decent work in Informal economy – main sector of migrants economy – main sector of migrants employmentemployment

‘ ‘Made in Thailand’ Made in Thailand’ Made by Burmese Made by Burmese Migrants w/o rights – Campaign.Migrants w/o rights – Campaign.

Issues for DiscussionIssues for Discussion What does FTUB think are the priority What does FTUB think are the priority

problems of Burmese migrants that need to problems of Burmese migrants that need to be addressed?be addressed?

What actions has FTUB taken?What actions has FTUB taken?

What is the position of Burmese govt What is the position of Burmese govt regarding Burmese migrants?regarding Burmese migrants?

Does FTUB have any consultative status with Does FTUB have any consultative status with Thai Government in regard to Burmese Thai Government in regard to Burmese migrant workers?migrant workers?

What assistance does FTUB expect from What assistance does FTUB expect from international unions & ILO?international unions & ILO?