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Undocumented Labor Forum and the r
Subject: Undocumented Labor Forum and the resolution
People's Forum on Undocumented Migration in Asia
Sponsored by - Forum Asia / Thai Action Committee for Democracy in Burma
TACDB / Asian Research Center on Migration ARCM / Federation of Trade
Unions - Burma FTUB / American Federation of Labor - Congress of of
Industrial Organizations AFL-CIO
Statement of the People's Forum on Undocumented Migration in
Asia
April 21, 1999
Bangkok, Thailand
On the occasion of the first major meeting of governments from Asia and the
Pacific to discuss the growing crisis of undocumented migration in Bangkok
from April 21-23, the NG0s, people's organizations, academics and labor
unions decided to convene a People's Forum to make our voice heard in the
policy-making corridors of our governments. The People's Forum on
Undocumented Migration in Asia met at Chulalongkom University at the
Prachidibok Building from 8:30 to 5:00 on April 21, and developed the
following policy statement that we expect our governments to seriously
consider and adopt.
Recognizing that the situation in every different is very different and
that people are leaving their country of origin for many varied reasons, we
define an undocumented migrant in a broad sense as a person who crosses
borders and resides in a country other than their own without proper
documentation. Considering transnational migration has emerged as regional
phenomenon since the early 1990s, the fact that the governments are only
now holding a regional meeting is a tardy, but welcome, development. But
the truth remains that there have been woefully few efforts at the national
and international level to systematically address the migration issues and
to make population movements more regular, orderly, and safe for those
persons who migrate. Only with sustained, consultative efforts can the
flow of undocumented migrants and the horrific exploitation of trafficking
in humans be prevented.
Our objective in holding the Forum is to promote policies that we sincerely
believe will lead to better managed, more humane migration in the region.
We state firmly that the governments of the region need to realize that
"labor is not a commodity" but rather "labor is a rich human resource
necessary for the development of a country." As a matter of principle, the
Forum fundamentally believes that it is the obligation of each country to
apply international human rights standards enunciated in the Universal
Declaration of Human Rights (UDHR) and related United Nations convents and
conventions on human rights to undocumented migrants living in their
country. Under international law, the Forum believes that states have a
duty to respect and ensure respect for human rights law, including the duty
to prevent violations, to investigate violations impartially, to take
appropriate action against the violations and to afford remedies and
reparation to those who have been injured as a result of those violations.
The Forum also adopts the principle that all persons (both documented and
undocumented) residing in a country should be protected by the national
laws and should be considered equal before the law.
The Forum recognizes that political repression, instability and serious
human rights violations in countries of origin are serious push factors for
undocumented migration in the region. We
believe that governments must recognize that these political factors must
be addressed in any regional or bilateral solution to the problem of flows
of undocumented migrants.
Bearing these principles in mind, the People's Forum on Undocumented
Migration in Asia would like to propose the following immediate actions to
the Governments and international organizations gathering in Bangkok on
April 21-23 at the International Symposium on Migration., Towards Regional
Cooperation on IrregularlUndocumented Migration. As NG0s, labor unions,
academics and people's organizations representing undocumented migrant
workers, we are prepared to campaign and lobby for the implementation of
these policies.
# Policies to be Adopted by Countries of Destination
1 . Adoption of balanced, just, and long-term policy of increased
regulation of undocumented migration while recognizing that market forces
will continue to demand irregular migration. This long-term policy must
include regularization of undocumented migrants which includes
registration, status determination and other proper arrangements to make
the status of those migrants workers the same as native workers in the
country where the migrants reside.
2. Monitoring to ensure that national, international employment and related
human rights standards are respected. This includes the enforcement of
national labour law, ILO conventions, related UN conventions and covenants.
National labour laws should apply to all persons in the country,
regardless of nationality or legal status.
4. Close cooperation to establish national mechanisms and a regional
mechanism with the governments of receiving countries to prevent and
suppress the international traffic in persons.
5. Provision of all kinds of special protection to children of undocumented
migrants with specific attention to concrete provision of child assistance
and welfare services that ensure the essential development and well-being
of the child in line with Convention of the Rights of the Child.
6 Governments must pay particular attention to ensuring the protection of
the rights of undocumented migrant women as enshrined in the Convention on
the Elimination of All Forms of Discrimination Against Women.
7. Not using undocumented migrant workers as political scapegoats for any
circumstances.
8. Governments must disseminate basic information on immigration law,
health care services, education services, legal services and other services
to migrants in the migrants' native language.
9. Governments should not detain, imprison or prosecute undocumented
workers for the offence related to illegal stay, lack of a valid visa, or
false documents
and not commit not to hold undocumented workers in detention centers.
Instead, they should allow undocumented workers to stay in appropriate
shelters provided by NG0s or Government Organizations.
10. Governments should both facilitate and support the efforts of NG0s and
people's organizations' to provide basic services to undocumented migrants.
11. Adoption of long-term policies to allow documented and undocumented
migrant workers to sue their employers for back wages and benefits
according to the labour laws and to correct violations of such laws.
12. Govermnent cooperation with NG0s and provision of support to create
migrant protection centers for all migrant workers.
13. All destination counties should immediately ratify the 1990 UN
Convention on the Rights of Migrant Workers and the Members of their
Families and bring their national laws into compliance with this Convention.
# Policies to be Adopted by Countries of Origin
1 . Develop and enforce a national policy (in the cooperation of local and
overseas NG0s) which sets guidelines to protect the rights of overseas
workers (both documented and undocumented) . @ Countries of origin should
set up labor and social welfare centers overseas, in the countries where
their nationals are working as documented or undocumented workers.
2. Active cooperation with governments of countries of destination to send
regular and orderly migrant labour force and to receive returned migrants.
3. Serious consideration to regularize overseas employment recruitment
services: suppression of unauthorized illegal job recruitment, cooperation
for the crack down of international labour traffic, direct or close
supervision of overseas employment recruitment system with severe and
transparent punishment to recruiting agencies who violated the laws.
Dissemination of publicized regional blacklist of agencies who swindle
workers or committed any crime in recruitment. All documented migrants
intending to work overseas should have an employment contract prior to
departure.
4. Preparedness for maximum productive use to reintegrate and absorb
returned migrant, their learned skills and their remittances.
5. Provision of a local economically and politically enabling environments
for nationals to have a realistic, possible alternative of staying and
working within their country.
6. Strengthening the state sponsored or regulated pre-departure orientation
programs for migrants. Governments should collaborate with NG0s at the
community level in the development of all aspects of these programs,
especially provision of information to intending migrants about the
countries of destination.
7. Ensure that undocumented workers have the right to return to their
country of origin without suffering prosecuted for illegal departure.
8. Governments should develop programs for the reintegration of returnees
with the consultation and participation of the returnees and NG0s.
9. The Embassies of Governments (resident in the capitals of the countries
of destination) which send workers to countries of destination should
cooperate to protect documented and undocumented migrants in those countries.
# International Regional Organizations
1. Provision and facilitation of forums where governments and civil
societies (particularly NG0s, people's organizatios, and the media) in both
sending and receiving countries can discuss and negotiate for proper
solutions for illegality issues.
2. Facilitate and ensure the safe repatriation of undocumented workers, in
close consultation with government officials, NG0s, and migrant worker
organizations. Provision of a screening process to ensure that those who
qualify as refugees are not forcibly returned to their country of origin,
and establishment of an international body to monitor conditions faced by
returnees.
3. Adoption of irregular migration into the regional and international
agendas, particularly in the ASEAN, APEC and other regional groupings and
commitment to push forward for cooperative measures and actions to regulate
irregular migration within the regional framework and protect the rights of
undocumented migrants.
4. Active encouragement for dialogues leading to bilateral, multilateral
and other agreements among countries to solve the problem of undocumented
migratory flows while protecting migrants' basic human rights. Encourage
governments to immediately ratify and enforce the Convention on the Rights
of Migrant Workers and their Families. Governments and NG0s should use
this Convention as a guideline to the treatment of undocumented migrants.
5. Establishment of an ASEAN Task Force on Labour Migration to be the prime
mover to address the issue at the regional level and allow for NGO
representatives to participate in task force meetings. At an international
level, the governments should recognize the work of NG0s and the private
sector in the provision of assistance to undocumented migrants.
6. Prevention of irregular migration through targeted, sustainable,
communities based development programmes assisting communities with high
irregular mobility should be a priority development objective for
governments and international development agencies in the Asia and the
Pacific. These programs should pay specific attention to eradicating
social, ethnic, and gender disparities.
+++++++++++++++++++++
List of participants
People's Forum on Undocumented Migration in Asia
Name Organization
1. Somkid Mahissaya Friends of Women Foundation
2. Pornpit Pakmai EMPOWER
3. Katharine Kramer Nonviolence International
4. Yindee Lertcharoenchok The Nation
5. Chatri Pensee Chulalongkorn University
6. Win Htein DVB
7. Aroon Thongpiem TACDB
8. Aye Maung Tun FTUB
9. Puttanee Kangkan TACDB
10. Kyaw Zan Tha BBC World Service
11. Kamaritha Ganawardan Solidarity Center, Sri Lanka
12. Jittira Kongnum World Vision Foundation/Thailand
13. Rutchanee Rutchanaporn Amnesty International/Thailand
14. Bundit Thanachaisettawut Arom Pongpangan Foundation
15. Maung Maung FTUB
16. Siriporn Skrobanek FFW
17. David Tharckabaw KIC
18. Rimond Htoo KNPP
19. Saw Doh Say KNPP
20. S. Petcharamesee Mahidol University
21. M. Chetamee FFW
22. T. Remcharoon CWA
23. Vorapun Srivoranart The Nation
24. Gawin Chutima DSC
25. Nataporn Ongwisith Migrant Assistance Program (MAP)
26. Piyanut Chanpa MAP
27. Suriyan Nongman LATCOW - Bangplee
28. Thai K. LATCOW - Bangplee
29. Panumat G. LATCOW - Bangplee
30. P. Wongboonsin Chulalongkorn University
31. Phil Robertson Solidarity Center/Thailand
32. Pacharin Sinlawan SC/Thailand
33. Bill O'Leary National Catholic Commission on Migration
34. Rufino Seva JRS
35. Saw Chit Oo OKRSO
36. Aungkana Kinonpetch ARCM
37. Chalida Pacharoensak FORUM-ASIA
38. Myint Wai TACDB
39. Myint Haing TACDB
40. Therese Caourette Solidarity Center / Thailand
41. Kinsey Dinan Human Rights Watch
42. Nyunt Naing IRC
43. Montree Pornvasan Chulalongkorn University
44. Dr. Supang Chantavanich ARCM
45. Evelyn Serrano FORUM-ASIA
46. Allan Beery ARCM
47. Thet Oo FTUB
48. Bunjong Siri Solidarity Center
49. Vallaya World Vision Foundation/Thailand
50. Saw Yoh htoo Crit MAP
51. Saw Ghana Burma Ethnic Research Group (BERG)
52. Vicky Bamforth BERG
53. Kyi Htay CCTD
54 Naing Ko Ko All Burma Federation of Student Unions
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