Susan Kneebone Faculty of Law, Monash University.
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Transcript of Susan Kneebone Faculty of Law, Monash University.
ASEAN, Migrant Workers and Human Rights
ProtectionSusan Kneebone
Faculty of Law, Monash University
Comprises mainly unskilled and semi-skilled workers
Irregular migration amounts to 40% of the total migratory movement
Increase in temporary migration and female migration (mainly for domestic work), and a commercialization of the recruitment industry
The dynamics of labour migration in SEA
ILO, Migration for Employment Convention (Revised), No. 97 1949
1975 ILO, Migrant Workers (Supplementary Provisions) Convention, No.143
1990 Convention on the Protection of the Rights of All Migrant Workers (‘CMW’) – distinguishes documented \ undocumented migrants
A weak international normative framework?
ILO promotes the use of bilateral and multilateral agreements between destination and origin countries
Works closely with ASEAN IOM and regional consultative processes
(RCPs)
Processes
See, ‘ASEAN Norms and Setting The Agenda For The Rights of Migrant Workers’ in Nasu, H. and Saul B. eds., Human Rights in the Asia Pacific Region (Routledge 2011) Chapter 8
Within the ASEAN Community they straddle the Political-Security and Socio-Cultural
Reference
See Kneebone ‘Transnational labour migrants: whose responsibility?’ in Rubenstein, K. ed., Allegiance and Identity in a Globalised World (Cambridge University Press 2014)
Labelled as ‘foreign workers’ Their political status is defined by lack of
connection to the ‘host’ state Their lack of membership of the host
community is explained by their ‘foreignness’
The role of states – national policies re migrant workers
Restrictive integration policies Focus on labour market rather than
individual worker’s rights They are transnational labour migrants who
are frequently exploited in country of origin and at destination
The role of states – national policies re migrant workers
See Kneebone ‘Introduction: Migrant Workers Between States: In Search of Exit and Integration Strategies in South East Asia’ (2012) 40 (4) Asian Journal of Social Sciences 376-391
Migrant workers between states
A focus on regular migrants Limited reference to human rights Emphasis on creating a harmonious ASEAN
community
The 2007 ASEAN Declaration on the Rights of Migrant Workers
Declaration on Migrant Workers juxtaposes the obligations of sending and receiving states
Rather than stressing the shared obligations of states in the region
The 2007 ASEAN Declaration on the Rights of Migrant Workers
Reflect political relations and the balance of power within the region
Declaration on Migrant Workers, Art 11, imposes an obligation on sending states to “enhance measures related to the ... protection of the rights of migrant workers.”
The migrant worker under bilateral relations
Trafficked and smuggled persons Refugees and ‘anticipatory’ ‘crisis’
migration – recognised in CMW Common protection needs masked by
conventional causation-based categories …
Other ‘categories’ for migrant workers