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Repository of Practices

ASEAN Forum on Migrant Labour

Primary GCM Objectives

GCM Guiding Principles*

*All practices are to uphold the ten guiding principles of the GCM. This practice particularly exemplifies these listed principles.

Sustainable Development Goals (SDGs)

Dates

2008 - Present

Type of practice

Policy (including law, public measure)

Geographic scope

Regions:

Summary

The ASEAN Forum on Migrant Labour (AFML) is an annual regional labour migration policy forum hosted by the Chair of the Association of Southeast Asian Nations (ASEAN) with support from the ASEAN Secretariat, ILO’s TRIANGLE in ASEAN programme, IOM and UN Women. The AFML has been organized annually since 2008, and it is institutionalized under the work plan of the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (ACMW).

The objective of the AFML is to advance implementation of the 2007 ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (Cebu Declaration). The AFML is carried out in tripartite plus manner, with participation of Governments, employers’ organizations, trade unions and civil society organizations from ten ASEAN Member States. Another unique feature of the AFML is that it combines regional and national level policy dialogue. The preparatory process involving preparatory meetings at national level in several Member States and at regional level for employers’, workers’ and civil society representatives supported by the ILO’s TRIANGLE in ASEAN programme. The AFML discussions conclude with adoption of Recommendations that bring life to the provisions of the Cebu Declaration.

The topics that are discussed in the forum are all very relevant to the various objectives of the Global Compact for Migration (GCM). The topics of the past AFMLs have covered every aspect of labour migration governance from recruitment to decent working conditions and social protection and to return and reintegration, including protection of specific groups such as migrant domestic workers. The 13th and 14th AFMLs in 2020 and 2021 respectively focused on protecting migrant workers during COVID-19 and labour migration in the post-pandemic future. The ILO’s TRIANGLE in ASEAN technical assistance to the AFML process includes support to the host country on planning and hosting the AFML; development of a thematic background paper (annually); development of a progress review background paper on the implementation of past AFML recommendations (biennially); and hosting of preparatory meetings at country level and for regional employers’, workers’ and civil society representatives. The ILO also supports financially the participation of employers’ organizations and trade unions in the regional forum.

Organizations

Main Implementing Organization(s)

ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers

Partner/Donor Organizations

ASEAN Secretariat
International Labour Organization through its TRIANGLE in ASEAN programme
International Organization for Migration - IOM
UN Women

Benefit and Impact

The AFMLs have produced a substantive body of soft commitments between ASEAN Member States on all aspect of protection of migrant workers, currently consisting of total 189 recommendations. Prior to the GCM adoption in 2018, many relevant topics were discussed, and the set of recommendations that were adopted by these forums continues to guide police and programme formulation and implementation in the region to date in a manner that will contribute to the realization of various objectives of the GCM.

The thematic discussions at the AFMLs have covered the following issues:
• 3rd AFML: Awareness and information services to protect the rights of migrant workers (2010),
• 4th AFML: Public information campaigns and return and reintegration (2011),
• 5th AFML: Effective recruitment practices and regulations (2012),
• 6th AFML: Enhancing protection of migrant workers through data sharing and access to legal support services, including complaint mechanisms (2013),
• 7th AFML: Enhancing awareness and information services to protect the rights of migrant workers (2014),
• 8th AFML: Protection and promotion of the rights of migrant workers: occupational health and safety and labour inspection (2015),
• 9th AFML: Strengthening social protection (2016),
• 10th AFML: Decent work for domestic workers in ASEAN (2017),
• 11th AFML: Digitalisation to promote decent work for migrant workers in ASEAN (2018),
• 12th AFML: Future of work and migration (2019),
• 13th AFML: Supporting migrant workers during the pandemic (2020), and
• 14th AFML: Recovery and labour migration in the post-pandemic future (2021).

Even if the recommendations on these themes are non-binding, they are important reference points for advocating changes in policy and practices at country level. The AFML also plays an important role in building capacity of governments, employers’ organizations, trade unions and civil society organizations and building consensus among ASEAN Member States on different aspects of labour migration policy.

The ILO monitors implementation of the AFML recommendations through development of biennial progress review background paper. The review process involves a literature review and a questionnaire survey to collect updates on the policy and practice from governments, employers’ organizations, trade unions and civil society on different areas of protection of migrant workers.

Since 2019 the ASEAN Committee on Migrant Workers (ACMW) has also been developing a voluntary review mechanism for AFML recommendations. The template for the self-assessment of the AFML recommendations was endorsed in February 2019 and by March 2021 six countries submitted their self-assessment. The self-assessment is a state-led exercise and the reports are not made publicly available.

Key Lessons

- The key factors making the AFML a success include its tripartite plus nature and combining regional and national level policy dialogue. The fact that it is organized on an annual basis allows the AFML discussions to build on previous years’ discussions. Due to this the AFML is able to build consensus among governments, employers’ organizations, trade unions and civil society organizations from all ASEAN Member States on different aspects of labour migration policy.

- Even if the AFML recommendations are non-binding, they are important reference points for advocating changes in policy and practices at country level. Institutionalization of the AFML in the ACMW work plan is also an important factor in giving weight to the process and its outcomes.

- The fact that the ASEAN region includes net countries of destination (Malaysia, Singapore, Thailand) and net countries of destination (Cambodia, Indonesia, Lao People’s Democratic Republic, Myanmar, Philippines and Vie Nam) makes reaching consensus on join recommendations among the government, employer, worker and civil society delegates a challenge. The institutionalized process and recurring nature of the forum have however helped build trust and respect among the tripartite plus delegates from all ASEAN Member States, which makes agreement on the recommendations possible.

Recommendations(if the practice is to be replicated)

It is recommended that implementation of similar initiatives in other regions ensure that the process is open for tripartite plus partners, combines regional and national level dialogue, is properly institutionalized, and is organized frequently enough to enable building on the outcomes of previous discussions.

Innovation

The AFML is innovative in the way it is open for tripartite plus partners, combines regional and national level dialogue, and is organized on an annual basis.

The AFML is increasingly recognized as a good practice, and there is interest in other regions to replicate the process in their context.

In 2020 and 2021, the 13th and 14th AFMLs respectively were organized as online meeting. The themes were also COVID-related – Supporting migrant workers during the pandemic, and Recovery and labour migration in the post-pandemic future – and the recommendations adopted provided much needed policy guidance on addressing adverse impacts of the COVID-19 pandemic on ASEAN migrant workers. The ILO’s TRIANGLE in ASEAN programme supported the host governments, Viet Nam and Brunei Darussalam respectively, in planning and hosting the meetings online; developed background papers; and hosted the regional online preparatory meetings for employers, workers’ and civil society organizations. The national preparatory meetings were hosted in-person or online, depending on each country’s COVID-19 situation and government preference.

Date submitted:

01 February 2022

Disclaimer: The content of this practice reflects the views of the implementers and does not necessarily reflect the views of the United Nations, the United Nations Network on Migration, and its members.

 

 

*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).