Migrant Vulnerabilities

Migrant workers make the best contribution to economic and social development in host and source countries if they enjoy decent working conditions, and if their fundamental human and labour rights are respected.

Decent work for all workers:

Fair working conditions - wages, occupational health and safety, working hours

Access to social protection - health insurance, unemployment compensation,

pensions

Non – discrimination

Freedom of association - worker’s right to organize and negotiate their rights

HIV and AIDS Recommendation, 2010 (No. 200)

The International Labour Organisation

Recommendations

Apply immediately as

guidelines for national

policy and practice

Conventions

Become international

law when countries voluntarily ratify them

International Labour Standards

HIV and AIDS Recommendation, 2010 (No. 200)

All ILO labour standards, including core Conventions enshrined in the ILO Declaration on Fundamental Principles and Rights at Work, apply to migrant workers unless stated otherwise in the instruments

Much more remains to be done regarding enforcement of rights protections and ensuring access to redress mechanisms

ILO Labour Standards and Migrants

8 Fundamental standards – include protection of migrant workers – labor rights, freedom of association, OSH, social security

Convention 97 and Convention 143 - offer comprehensive protection for documented and undocumented migrants

Multilateral Framework on Migration – includes key principles from labor standards

Domestic Workers – standard and anticipated convention

Standard on HIV and AIDS in the Workplace -Recommendation 200

ILO Labour Standards and Migrants

ASEAN # 29 # 87

# 98

# 100

# 105 # 111

# 138 #182

Brunei 2011 2008

Cambodia

1969 1999 1999 1999 1999 1999 1999 2006

Indonesia

1950 1998 1957 1958 1999 1999 1999 2000

Laos 1964 2008 2008 2005 2005

Malaysia 1957 1961 1997 1958 1997 2000

Myanmar

1955 1955

Philippines

2005 1953 1953 1953 1960 1960 1998 2000

Singapore

1965 1965 2002 1965 2005 2001

Thailand 1969 1999 1969 2004 2001

Viet Nam

2007 1997 1997 2003 2000

Eight Core Conventions on Human Rights

ASEAN # 97 # 143

Brunei

Cambodia

Indonesia

Laos

Malaysia 1964

Myanmar

Philippines 2009 2006

Singapore

Thailand

Viet Nam

Migrant-specific Conventions

ILO Recommendation 200

Universal access to prevention, treatment, care and support services for all workers working under all forms or arrangements, and atall workplaces

ILO Recommendation 200

Regardless of legal status or occupation

ILO Recommendation 200

Universal Access in sending, transit, and receiving countries

Migrants equal coverage in ILO standards - equal access to benefits even for undocumented migrants

Emphasis on Migrants

- prohibits mandatory testing, screening, or disclosure at any stage of migration

- prohibits discrimination in or exclusion from migration on the basis of real or perceived HIV status

- migrants should have universal access to HIV education, information, treatment, care and support and that, whenever appropriate, agreements should be concluded among the countries concerned

HIV and AIDS Recommendation, 2010 (No. 200)

Emphasis on Migrants

- provides for training, safety instructions and any necessary guidance to be given in a clear and accessible form to ensure a safe and healthy work environment for migrant workers

- all measures for migrant workers apply to countries of origin, countries of transit and countries of destination

HIV and AIDS Recommendation, 2010 (No. 200)

What is and can be done ?

Legislative Frameworks:

Philippine HIV/AIDS Prevention and Control Act of 1998 (Article 1 Section 7) - “all Overseas Filipino Workers, diplomatic, military, trade, and labour officials and personnel to be assigned overseas shall undergo or attend a seminar on the cause, prevention, and consequences of HIV/AIDS before certification for overseas assignment.” The legislation also prohibits compulsory HIV testing.

What is being done ?

Institutional Structures:

Agency within Ministry of Labour:Philippines, Thailand, Viet Nam

Extensive coordination with other agencies:

Sri Lanka Ministry set up High Level Advisory Committee consisting of other ministries, private agencies, trade unions and civil society organizations. Work is facilitated by inter-ministerial coordinating committee of focal points from key ministries

What is being done ?

National Migration Policy:

National Labour Migration Policy for Sri Lanka, 2008, developed by Agency within Ministry of Labour (Ministry for Foreign Employment Promotion and Welfare) Provides for:Prevention of new infections among workers through workplace education of workers on HIV and AIDS, promotion of voluntary testing and counseling services and establish linkages with government healthcare providers for HIV treatment and care.

Targeted sectoral programs.

What is being done ?

Integration with National Development Strategies:

Thailand: voluntary registration of undocumented migrant workers has been expanded to cover migrants and their families. The scheme covers essential health care services including treatment of opportunistic infections and PMPTC

Viet Nam: has expanded HIV and AIDS protection into vocational training for skills needed in overseas labour markets

Philippines: 4th AIDS Medium Term Plan - expands universal access to HIV prevention, care and treatment to migrants.

What can be done ?

Ensure that national laws recognize the right tohealth for migrants and do not create barriers to accessing health and HIV related services

Include migrants in national development, health and HIV-related policies, strategies and plans

Integrate HIV services into pre-departure, postarrival, return and reintegration processes

What can be done ?

Ensure there is no discrimination on the grounds of HIV status in the context of entry requirements, immigration, employment or reintegration procedures12, and where testing is done to assess future health-care costs, ensure HIV infection is treated equally to comparable health conditions and not singled out as a basis for discrimination

What can be done ?

Collaborate to implement regional strategiesfor addressing HIV-related issues amonginternational labour migrants

Ensure that international labour migrants and their families (including those left behind) have the same access as nationals to gender-, language- and culture sensitive HIV services

What can be done ?

Advocacy Opportunities:

Article 22 of the ILO Constitution requires member states to submit periodic reports:• Two - yearly reports: 8 fundamental Conventions and 4 priority ones• Five - yearly reports: all other Conventions

Must reach the Office between 1 June and 1 September

Reports analysed and comments issued by the CEACR

Recommendation 200 – 30 December 2012

Richard Howard PHD

Senior Regional Specialist on HIV and AIDS

ILO Decent Work Team for East and Southeast Asia and the Pacific

Tel: 662 288 1765 , Fax: 662 288 3058

E-mail: howard@ilo.org

www.ilo.org/asia

For more information, please contact: