facilitation of mobility of people in asean

7/23/2019 Facilitation of Mobility of People in ASEAN

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Facilitation of Mobility of Peoplein ASEAN

Tan Tai Hiong (ASEAN Secretariat)

5thADBI-OECD-ILO Roundtable

on Labour Migration in Asia

Shanghai, 29 J anuary 2015

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The views expressed in this presentation are the views of the author and do not necessarily reflect the views orpolicies of the Asian Development Bank Institute (ADBI), the Asian Development Bank (ADB), its Board ofDirec tors, or the governments they represent. ADBI does not guarantee the accuracy of the data included in

this paper and accepts no responsibility for any consequences of their use. Terminology used may notnec essarily be consistent with ADB official terms.


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Basic Information about ASEAN

Philippines

Brunei Darussalam

Lao PDR

Viet Nam

Myanmar

CambodiaThailand

Malaysia

SingaporeIndonesia

Total Area = 4.4m km2

Total Population = 625mTotal GDP = US$ 2.4t

(2013 Estimate as of Aug 2014)Source: ASEANStats

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Establishment of ASEAN Community by 2015

12thASEAN Summit (Cebu, 13 January 2007) called forestablishment ofASEAN Community by 2015 in all threepillars of ASEAN Security Community, ASEAN EconomicCommunity and ASEAN Socio-Cultural Community

TheASEAN Economic Community (AEC)will establishASEAN as a single market and production basecomprising: (i) free flow of goods; (ii) free flow ofservices; (iii) free flow of investment; (iv) freer flow ofcapital; and (v) free flow of skilled labour.

AEC envisages for managed mobility or facilitated entryfor themovement of natural persons engaged in trade in goods,services, and investments, according to the prevailingregulations of the receiving country.

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Framework for Mobility of People in ASEAN

Mobility of people and works towards free flow of skilledlabour is a multi-sectoral initiatives in ASEAN.

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Labour

ServicesTrade

Immigration

ASEAN Social CulturalCommunity

ASEAN Political &Security Community

ASEAN EconomicCommunity

Visa Work Permit Migration

Qualification Protection Social Welfare

Foreign providers Licensing/Registration Types of suppliers

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Legal Framework for Mobility of People

ASEAN Political Security Community (APSC) ASEAN Framework Agreement on Visa Exemption

ASEAN Economic Community (AEC) ASEAN Agreement on Movement of Natural Persons (MNP)

Mutual Recognition Arrangements (MRA) ASEAN Qualifications Reference Framework*

ASEAN Socio-Cultural Community (ASCC) Cebu Declaration on the Protection and Promotion of the Rights of

Migrant Workers

Under Discussions ASEAN Business Travel Card (ABTC)*

Note: Those marked with asterisks (*) are cross-sectoral in nature

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ASEAN Framework Agreement on Visa Exemption

Signed by ASEAN Foreign Ministers on 25 July 2006 inKuala Lumpur, Malaysia

It provides general principles and guidelines in establishingand/or renewing bilateral agreements among ASEAN

Member States (AMS) on visa exemption for their citizenstraveling within the ASEAN

Where applicable, AMS shall exempt citizens of any other AMSfrom visa requirement for a period of stay of up to 14 days, orlonger in accordance with their respective laws/regulationsand/or bilateral arrangements

Progress have been on-going.

Most AMS have abolished visa requirement for short-term visitfrom citizens holding normal passport from most (if not all) AMS

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ASEAN Declaration on Migrant Workers

ASEAN Declaration on the Protection and Promotion of theRights of Migrant Workerswas issued by ASEAN Leaderson 13 January 2007 in Cebu, the Philippines

The Declaration mandates ASEAN Member States (AMS) to

promote fair and appropriate employment protection, paymentof wages, and adequate access to decent working and livingconditions for migrant workers

TheASEAN Committee on the Implementation of theASEAN Declaration on the Protection and Promotion of the

Rights of Migrant Workers (ACMW) is currently in theprocess of drafting the ASEAN instrument on theprotection and promotion of migrant workers

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ASEAN Mutual Recognition Arrangements

Mutual Recognition Arrangement (MRA)enables serviceproviders registered/certified in a signatory country to beequally recognised in other signatory countries

MRA does not warrant unrestricted free flow of foreignprofessionals, relevant domestic regulations and market

demand still applies

Common objectives of ASEAN MRAs:

Facilitate mobility of services professionals

Exchange of information and expertise

Promote adoption of best practices on standards andqualifications

Facilitate capacity building and technology transfer

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Concluded MRAs in ASEAN

ASEAN has concluded 8 MRAs signed by the ASEANEconomic Ministers (AEM) and 1 MRA signed by ASEANTourism Ministers

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MRA Signing

MRA on Engineering Services Kuala Lumpur, 9 December 2005

MRA on Nursing Services Cebu, 8 December 2006

MRA on Architectural Services

Singapore, 19 November 2007Framework Arrangement for the MutualRecognition of Surveying Qualifications

MRA Framework on Accountancy Services

Cha-am, 26 February 2009MRA on Medical PractitionersMRA on Dental Practitioners

MRA on Tourism Professionals Bangkok, 9 November 2012

MRA on Accountancy Services Nay Pyi Taw, 13 November 2014


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Different Models of MRAs Signed by the AEM

MRAs on Engineering and Architecture provide recognitionof qualifications for registered ASEAN professionals.

MRAs on Accountancy Services and Surveying lay downthe broad principles and framework for the negotiations ofbilateral or multilateral MRAs. New Development: A new MRA on Accountancy Services (no

longer in framework format and now provides for recognition ofregistered accountants) has been signed ad-referendum byNovember 2014.

MRAs on Nursing, Medical Practitioners, and Dental

Practitioners focus on exchange of information and bestpractices. Possible mechanism to facilitate temporary entry for activities

without patient contact is being explored.

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Implementation of ASEAN MRAs under the AEM

Legal notifications (ratification and notification ofparticipation/deferment of implementation)

National institutional set-up (Professional RegulatoryAuthorities and Monitoring Committees, assessment ofregistration systems)

Regional institutional set-up (chairmanship, organisational setup, regional secretariat, ASEAN Register, websites, etc.)

Exchange and compilation of information on national licensingand registration requirements, foreign practitioners, etc.

Registration of ASEAN professionals (registration-type MRAs)

Bilateral-multilateral discussions (for framework-type MRAs) Outreach programs and roundtable discussions

Address other implementation issues

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MRA on Tourism Professionals

It facilitates the recognition of qualification of a ForeignTourism Professional through competency certificate in aspecific tourism job title specified in the Common ASEANTourism Curriculum (CATC) issued by the TourismProfessional Certification Board (TPCB)in an AMS.

ASEAN Common Competency Standards on TourismProfessionals (ACCSTP)for 32 job titles have been completed

Eligibility to work country is subjected to prevailing domesticlaws and regulations of the host country

ASEAN targets to certify 6,000 professionals by 2015

ASEAN Tourism Professionals Registration System (ATPRS) is

being finalised Agreement to establish the Regional Secretariat in Jakarta is

expected to be signed within first half of 2015

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Movement of Natural Persons (MNP)

ASEAN Agreement on Movement of Natural Persons (MNP)was signed on 19 November 2012 in Phnom Penh,Cambodia byASEAN Economic Ministers (AEM)

Aims to facilitate the movement of natural persons

engaged in the conduct of trade: in goods, trade inservices and investment between ASEAN Member States

Consolidates all of existing commitments under theASEAN Framework Agreement on Services (AFAS)inrelations to Mode 4 (MNP).

AFAS was signed in December 1995 and had resulted in 9packages of commitments, with 8 packages completed prior tosigning of the ASEAN Agreement on MNP

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ASEAN Qualifications Reference Framework (AQRF)

AQRF is a common reference framework that enablescomparison of qualifications across ASEAN Member Stateswhile enhancing each countrys qualifications systems.

AQRF promotes mobility within ASEAN and specifically supportsthe implementation ofAEC Blueprintthrough recognition of

professional qualifications as well as theASEAN Socio-CulturalCommunity (ASCC) Blueprintwhich targets to establishnational skills frameworks as an incremental approach towardsan ASEAN skills recognition framework.

Consist of 8 levels of competency standard

Notion of competence include cognitive and functional

competences; with personal and ethical competence attributedto NQF

Two (2) domains: Knowledge and Skills, Application andResponsibility

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Referencing Process

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AQRFCountry A Country B

QualificationsA

QualificationsB


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Status of AQRF

Concept was first tabled in May 2010 at AANZFTA meeting

Task Force on AQRF was established in May 2012 by theAANZFTA Joint Committee, with support from AANZFTAEconomic Cooperation Work Program (ECWP) Chaired by Philippines with Vice Chair from Indonesia

AQRF was endorsed by 46thASEAN Economic Ministers (AEM)on 25 August 2014 in Nay Pyi Taw and 8thASEAN EducationMinisters Meeting (ASED)on 11 September 2014 inVientiane. On-going ad referendum endorsement process byASEAN Labour Ministers.

Ongoing national consultations on implementation details: Governance structure e.g. AQRF Board

Scope (all sectors & levels of education/training)

Monitoring and evaluation

Timeline for referencing process (by 2016 or at the latest by 2018)

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ASEAN Business Travel Card

A new initiative which is still under discussion

22ndand 23rdASEAN Summit (April and October 2013)provided the mandate to explore development of the Card

Aimed to ease the movement of business people and investors

Under discussions of the ASEAN Coordinating Committeeon Services (CCS)and the Directors-General ofImmigration Departments and Heads of Consular AffairsDivisions of the Ministries of Foreign Affair (DGICM)

A joint task force to develop the ASEAN Business Travel Card isbeing proposed

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Thank you

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facilitation of mobility of people in asean

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