ASEAN is one of the most open economic regions in the world, with total merchandise exports exceeding. Therefore, the first part of the article will discuss current labor migration in ASEAN as a whole. 22 of the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families (1990).21.
CURRENT LEGISLATIONS, POLICIES AND PROTEC- TION OF ASEAN MEMBER STATES TOWARDS IRREGU-
The implemented policies have left enough room for the private sector to acquire a large part of the market for migration services and thereby influence the volume and direction of labor migration. Regardless of the legal documents they have, migrants working in low-skilled jobs often face exploitation and abuse due to inadequate protection of labor rights in recruitment and employment.27.
REGIONAL LEVEL
Nevertheless, the Cebu Declaration is not binding and does not require the member states to change their national labor laws. 28 ASEAN Secretariat, ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers (Jakarta: ASEAN Secretariat, 2018).
NATIONAL LEVEL – MEMBER STATES’ DOMESTIC LA- BOUR LAW
ASEAN MEMBER STATES POLICIES ON MIGRANT WORKERS
INDONESIA
This part of the article examines policies for states with strong ties to migrant workers in ASEAN. As in many different countries of origin, the vast majority of low-paid Indonesian migrant workers are sent abroad by private employment agencies and other related associations managed by the Indonesian government.59. The Indonesian government's policy attempts to regulate recruitment agencies through placement rules that have two components: (1) regulating the establishment of recruitment agencies; and (2) determining the roles and responsibilities of recruitment agencies in internships for migrant workers.
Thirteen government institutions are involved in the protection of Indonesian migrant workers: the Ministry of Labor; the Ministry of Foreign Affairs; the Ministry of Social Affairs; the coordinating Ministry of Economic Affairs; the coordinating Ministry of Public Welfare; the Ministry of Health; the Ministry of Communications; the Ministry of the Interior; the Directorate-General for Immigration; the National Authority for the Placement and Protection of Indonesian Overseas Workers (BNP2TKI); the Indonesian National Police; and the National Professional Certification Board and Professional Certification Institute. This involvement has not always been the case, and law 39/2004 has played an important role in the development of this configuration61. One of the most problematic developments in the flow of Indonesian migrant workers to work abroad has to do with exploitation during the working period in the destination countries, but also during the recruitment process in the home country and repatriation.
The inclusion of Indonesian women in working abroad, particularly as domestic workers, has drawn considerable debate. 60 Palmira Permata Bachtiar, "The Governance of Indonesian Overseas Employment in the Context of Decentralization," Discussion paper, series no.
SINGAPORE
There is no minimum wage for foreign workers, as is also the case for locals. The wage level of foreign domestic workers is influenced by direct supply and demand factors. For the construction sector, participation in a half-day health and safety course in the native language of foreign workers is mandatory.
The Singaporean government is improving the management of labor migration due to the issues faced by foreign workers. To improve the condition of migrant workers in Singapore, the government created safety courses for foreign workers in the construction and maritime sectors; posters about illegal employment distributed for display in public places; and held outreach events such as hostel roadshows. First-time foreign domestic workers are required to attend a mandatory Security Awareness Course (SAC), which includes critical safety practices, provides contacts of telephone numbers and helplines, and informs foreign domestic workers of their obligations, rights and protections under Singapore law. 69.
MALAYSIA
The migrant workers therefore have to pay a monthly fee for the special visa and for room and board while they are denied an income. The Immigration Act gives the rules for admission and life span of migrant workers in Malaysia and authorization is directed to the Immigration Department of the MOHA. The Government of Malaysia provides a limited range of administrations for migrant workers in Malaysia, with the predominant share of administrations provided by civil society organizations and NGOs, including specific migrant community groups.
In cooperation with countries of origin, the Malaysian government intends to provide acceptance courses to migrant workers before they land in Malaysia. It will compile the migrant workers' information of Malaysian culture and traditions, the skills needed for migrant workers to complete their work, fundamental relational skills and the material Malaysian laws. In terms of monitoring, the Malaysian government intends to strengthen the manpower capacity of the government agencies responsible for the employment of migrant workers to effectively enforce the law and strengthen statutory inspections of workplaces with a special focus on those employers who employ. large numbers of migrant workers.
74 Vijayakumari Kanapathy, “Migrant Workers in Malaysia: An Overview”, Workshop Paper, East Asia Cooperation Framework on Migrant Labour, Kuala Lumpur (2006). Data and information in the Migrant Biometric Data System of the Ministry of Internal Affairs will also be shared to improve employers' monitoring of migrant workers. 78.
THAILAND
Before the enforcement of the strict laws, irregular migrants were granted amnesty to allow them to return to their countries without being prosecuted. However, the regulations and amnesty exercises were seen as weakness on the part of the government to control irregular migration, and only encouraged foreigners to stay and look for work. The Immigration Department of the Ministry of Home Affairs is responsible for processing foreigners' entry into Thailand.
Legal work' means that migrants who want to work in Thailand must apply for a work permit from the Ministry of Labour. The work permit indicates type of work, location of the workplace and duration of the permitted work.81. The Department of Employment (DOE) of the Ministry of Labor (MoL) on 16 August 2016 issued the “Royal Ordinance regarding Rules on Bringing Migrant Workers to Work with Employers in the Kingdom of B.E.
Under the Immigration Act of 1979, an immigrant who enters a country without a visa and/or violates immigration law becomes an illegal alien and is subject to deportation and/or other sanctions. A key policy concern is to prevent irregular migration and encourage migrants to return home after their temporary work permit expires, which was clearly stated in the "Bangkok Declaration on Irregular Migration" from an international symposium it hosted in 1999.
PHILIPPINES
According to current official statistics from the Ministry of Labour, the minimum wage in Thailand varies from 203 baht per day in Bangkok to 104 baht per day in rural areas. Thailand has signed a number of international conventions and there are a number of laws in place that theoretically protect the rights of all migrants, but so many times this is not translated into practice, even for those migrants who are legally registered with work permits. . In many cases, labor and social legislation in the states of employment provide limited assistance and protection.
The Center for Migrant Advocacy Philippines also mentioned that although the Philippine government has signed many bilateral labor and social security agreements with other countries, these agreements are often poorly implemented and migrant workers do not actually receive the benefits promised. However, in some cases, social security provided to Filipino migrants in a host country is better than that provided to Filipinos by the Philippines' social security system.87.
MYANMMAR
CONCLUSION AND RECOMMENDATION A. CONCLUSION
When it comes to economic migration, countries may differ on the technical aspects such as employment contracts and decide to accept different numbers of immigrant workers. But there must be ASEAN-wide agreement on humanitarian aspects of labor migration, including workplace safety, and ethical practices for the recruitment, employment, payment and treatment of migrants. Policies should measure policies against international standards such as those of the EU, which are particularly robust.
We are not suggesting EU-style freedom of movement here, but a common EU-based framework for the human rights of migrants. While ASEAN has been primarily an economic organization, it has now recognized the need for action on human rights with the establishment of bodies such as the ASEAN Intergovernmental Commission on Human Rights (AICHR) and the ASEAN Commission on the Promotion and Protection of Human Rights. of Women and Children (ACWC). Therefore, it is very clear that irregular migrants in ASEAN should be taken seriously.
All recommendations such as the harmonization of laws and policies have always been suggested by many researchers, but the act must be done by the member states themselves. It has always been a national interest or a sensitivity when it comes to irregular migrants, however it is time for all ASEAN member states to pull together and work together to resolve this issue for a better flow of migration to ASEAN, as well as to ensure the success of ASEAN to become a community.
RECOMMENDATIONS
Towards safe, regular and orderly migration in the Asia-Pacific Region Challenges and Opportunities. Migrant workers' right to social protection in ASEAN: Case study of Indonesia, Philippines, Singapore and Thailand. Towards Achieving Liberalization in the ASEAN Economic Community: Challenges in the Protection of Migrant Workers in ASEAN. In ASEAN Community: Legal Issues.
Internal and International Migration in Southeast Asia.” In The Routledge Handbook of Southeast Asian Economics, edited by Ian Coxhead. Labor Mobility in ASEAN.” Asia Pacific Trade Research and Training Network, Policy Brief no. Analytical Report on the ASEAN International Labor Migration Statistics Database: Improving Data Collection for Evidence-Based Policymaking (Bangkok). ILO, 2015.
Differentiating between regular and irregular." Accessed 29 December 2019 https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMi-gration/RegularAndIrregular.pdf. Different flow, different needs and impact: Managing International Labor Migration in ASEAN: Thailand (Immigration) PIDS PD.
