COVID-19 and women migrant workers in ASEAN

This brief explores the multi-dimensional impact of the COVID-19 pandemic on women migrant workers in and from the ASEAN region. While women migrant workers in the ASEAN region strive to protect their livelihoods and their health, COVID-19 has presented them with a health crisis, compounded by detrimental impacts on freedom from violence and harassment, employment, income, social protection, access to services, and access to justice. This brief outlines the critical programmatic and policy responses needed. ILO-UN Women Safe and Fair Programme, as part of the EU-UN Spotlight Initiative, is committed to ensuring women migrant workers’ rights are protected and they receive support when and where they need it.

 

Experiences of ASEAN migrant workers during COVID-19: Rights at work, migration and quarantine during the pandemic, and re-migration plans

The COVID-19 pandemic is disrupting labour migration throughout the ASEAN region and globally. In 2019 there were an estimated 10 million international migrants in ASEAN, of whom nearly 50 per cent were women. The ILO undertook a rapid assessment survey, interviewing ASEAN migrant workers from end-March to end-April 2020 about how COVID-19 has impacted them. This brief summarizes the responses of the 309 women and men migrant workers who participated in the survey.

 

A very beautiful but heavy jacket: The experiences of migrant workers with diverse sexual orientation, gender identity and expression in South-East Asia

The study reveals migrant workers with diverse sexual orientation, gender identity and expression (SOGIE) in South-East Asia benefit from labour migration, yet experience discrimination.

Among the millions of migrant workers who move between countries in South-East Asia and beyond, little is known about the motivations and experiences of migrant workers who are also people with diverse sexual orientations, gender identities and gender expression (SOGIE) including lesbian, gay, bisexual, transgender, and queer people.

This report fills that gap. It draws on surveys and interviews with 147 migrant workers with diverse sexual orientations, gender identities and gender expressions, exploring their experiences across the migrant work journey as they travel from countries of origin such as Cambodia, Myanmar, the Philippines and Viet Nam to work in countries of destination in South-East Asia (especially Thailand), East Asia, and beyond.

The report also explores how labour migration policies and practices can acknowledge or address these experiences while protecting and promoting the rights of migrant workers with diverse SOGIE.

 

Gender equality in labour migration law, policy and management (GEM Toolkit)

The Gender equality in labour migration laws, policy and management GEM Toolkits is a set of nine practical tools, developed by the International Labour Organization (ILO) to facilitate the implementation of gender mainstreaming strategies in labour migration and related employment, social protection, and equality laws, policies, programmes, projects, as well as in day-to-day labour migration management practices.

The overall purpose of the GEM Toolkit is to contribute to eliminating discrimination against low-income women migrant workers in employment and occupation, and to shaping more gender-responsive labour migration laws, policy, and management in ASEAN for the benefit of both women and men migrant workers.

Research and Policy Brief: Avenues for exploited migrant workers to remain in their country of employment to pursue labour remedies

Exploited migrant workers often don't raise complaints because they fear losing their visa or being deported. There is generally no opportunity for migrant workers to pursue wage claims at the end of their stay because they must immediately leave the country.

As a result, abusive employers are never held to account, and the vast majority return home without the wages they are owed. Pursuing claims after they leave is extremely difficult.

Governments must create migration frameworks that reduce the vulnerability of migrant workers who address exploitation, and enable exploited migrants to extend their stay for a short period in the country of employment to remedy wage theft and hold employers accountable for labour violations.

This new Research and Policy Brief sets out best practice models that governments should consider implementing, with discussion of current global examples of promising laws and policies intended to achieve these goals.

This includes current examples of

• visa portability for exploited migrant workers to bring claims and find a new sponsor,

• short term visas with work rights to pursue wage claims at the end of a migrant worker’s stay,

• deferral of removal (with work rights) for undocumented workers who pursue labour claims, and

• visas for victims of trafficking and criminal wage theft and exploitation to pursue civil labour claims.

The Brief is accompanied by a more detailed case study of recent advances in the United States.

 

Regional operational guidelines on fair and ethical recruitment in ASEAN. Improving regulation and enforcement: A resource for regulators

The regional operational guidelines provide guidance to government regulators on fair recruitment practices, licensing private recruitment agencies, monitoring recruitment processes, and acting on complaints related to the recruitment process. Developed within the framework of the ILO general principles and operational guidelines for fair recruitment, these regional operational guidelines are relevant to both countries of origin and destination.

Labour migration plays an important role in fostering economic and social development in the ASEAN region. Fair and ethical recruitment can protect migrant workers from experiencing labour rights’ violations, including trafficking and forced labour. However, recruitment is often an imperfect process, characterized by fraudulent and exploitative practices. These imperfections have been particularly damaging to the interest of workers seeking jobs across national borders.

The new ILO regional operational guidelines on fair and ethical recruitment provide guidance on licensing of private recruitment agencies, the monitoring of recruitment processes, effective inspection and enforcement mechanisms, and acting on complaints. The regional operational guidelines have been developed as a practical resource for regulators in the ASEAN region and are intended to apply to both countries of origin, and destination, depending on the context.