ASEAN Charter Marginalised Migrant Communities

CARAM Asia Press Statement

 

KUALA LUMPUR 21 November, 2007: Is the "One Caring & Sharing ASEAN Community" only making use of the movement of labour in the region for economic gains while placing their basic human rights secondary to individual member states self-defined "national interest"?

As Asean leaders signed the Asean Charter that would unite the 10 regional member countries to be a rules-based legal entity, statements made by heads of states had largely focused on fostering economic cooperation.

Despite clear promises toward community building espoused in the charter, the process had in effect marginalised ASEAN citizens, more so vulnerable groups such as migrant workers. The very people who built the foundation of economic development and helped cushion lower production costs for countries to remain economically competitive have been left out.

There are more than 5 million documented people living outside of their home countries in ASEAN. ASEAN is a mix of sending and receiving countries for migrant workers. For instance, there are about 3 million migrant workers (both documented and undocumented) in Malaysia, the bulk of them are from neighbouring ASEAN countries. They constitute over 20% of the Malaysian work force. The plantation sector for instance, would crumble if not for the hard labour of migrant workers. In turn, migrant workers remittance contribute significantly to poverty eradication within their countries. In 2005, remittances from migrant workers constitute 13% of Philippines Gross Domestic Product (GDP). Yet, the supposedly "people-oriented ASEAN" does not make mention of the protection for migrant workers rights.

Article 1.5 states the purpose of the Charter "To create a single market and production base… which there is free flow of goods,
services and investment; facilitated movement of business persons, professionals, talents and labour; and free flow of capital." This provision that talks about flow of labour is only written as a condition for a "single market". While the Charter is aimed to make economic transactions smoother by facilitating flow of movement, it does not cover mechanisms to manage these migration flows, much less the basic human rights of these ASEAN citizens.

Chapter 12 of the Charter on External Relations does not state mechanisms to address the realities of trans-border migration issues within the region. Since ASEAN had signed the Declaration of the Protection and Promotion of the Migrant Workers January this year, it should state the manner in which external relations between member states be conducted in relation to migration of people for work. The lack of speed in developing a mechanism to protect and promote the human rights of migrant workers is a clear sign that the Declaration remains an inoperative ideal.

 

Often treated as secondary citizens in foreign countries, migrant workers are most vulnerable to human rights abuses. Major receiving countries like Malaysia, Singapore and Thailand have countless reported cases of abuse of migrant workers. Therefore it is appalling that article 2. 2(i) that covers "respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice;" only to be pre-empted by Article 2(e) and (f) on "non-interference in the internal affairs" and "respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion".

CARAM Asia urges the new rules-based ASEAN to strengthen its commitment towards upholding social justice for the people of ASEAN, including migrant communities.