ASEAN’s cooperation on labor migration from 2007 to 2020

VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES - MAI MAI ASEAN’S COOPERATION ON LABOR MIGRATION FROM 2007 TO 2020 THESIS FOR THE MASTER DEGREE IN INTERNATIONAL RELATIONS Hanoi - 2020 VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES - MAI MAI ASEAN’S COOPERATION ON LABOR MIGRATION FROM 2007 TO 2020 Thesis for the Master Degree in International Relations Number: 8310601.01 Academic Supervisor: Prof Dr Pham Quang Minh Hanoi-2020 STATUTORY DECLARATION I herewith declare that the thesis has been written on my own without any external unauthorized help, that it has been neither presented to any institution for evaluation nor previously published in its entirety Any parts, words or ideas, of the thesis, including tables, graphs, and so forth, which are quoted from or based on other sources have been acknowledged as such without exception I am aware that the violation of this regulation will lead to failure of the thesis I agree that a copy of this thesis may be made available in the Library of the Faculty of International Studies, VNU University of Social Sciences and Humanities, Hanoi (VNU-USSH, Hanoi) I agree that the abstract of this thesis may be placed on the website of the VNU-USSH, Hanoi Date: Signature: Full name: Mai Mai ACKNOWLEDGEMENTS First and foremost, I would like to express my sincere gratitude to my academic supervisor, Prof Dr Pham Quang Minh, for the continuous support of my Master study and research, for his patience, motivation, enthusiasm, and immense knowledge His guidance helped me in all the time of research and writing of this thesis I could not have imagined having a better advisor and mentor for my Master study My heartfelt thanks also goes to all of the lecturers and staff of the Faculty of International Studies, VNU University of Social Sciences and Humanities, Hanoi (VNU-USSH, Hanoi) for their encouragement, insightful comments and positive atmosphere to science What is more, this thesis could not be done without the great support and understanding of my colleagues, those working at VNU-USSH, Hanoi, especially the members of the International Cooperation Office Most importantly, none of this could have happened without my family and friends, whose value to me only grows with age, bless me with a life of joy in the hours when the lights were off Date: Signature: Full name: Mai Mai TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS INTRODUCTION CHAPTER CONCEPTUAL AND PRACTICAL BACKGROUND 14 1.1 Conceptual framework 14 1.1.1 Labor migration concept 14 1.1.2 Conceptual framework of cooperation on labor migration 19 1.2 Practical background 23 1.2.1 Overview of labor migration in ASEAN region 23 1.2.2 ASEAN’s cooperation on labor migration before 2007 and Incentives for cooperation from 2007 to 2020 26 CHAPTER SUMMARY 36 CHAPTER REALITY OF ASEAN’S COOPERATION ON LABOR MIGRATION 38 2.1 Actual situation of the cooperation from 2007 to 2020 38 2.1.1 Policy-wise 38 2.1.2 Practical actions 45 2.2 Case Studies 51 2.2.1 Singapore 52 2.2.2 The Philippines 55 2.2.3 Vietnam 58 CHAPTER SUMMARY 62 CHAPTER ASSESSMENT AND FUTURE OF ASEAN’S COOPERATION ON LABOR MIGRATION 64 3.1 Achievements and Limitations 64 3.2 Challenges and Opportunities 70 3.3 Prospects and Recommendations 74 CHAPTER SUMMARY 77 CONCLUSION 79 REFERENCES 82 ABBREVIATIONS AND ACRONYMS AAC ACCSTP The ASEAN Architect Council ASEAN Common Competency Standards for Tourism Professionals ACE ASEAN Confederation of Employers ACT/EMP The Bureau for Employers’ Activities ACTIP ASEAN Convention Against Trafficking in Persons, Especially Women and Children ASEAN Committee on the Implementation of the ASEAN ACMW Declaration on the Protection and Promotion of the Rights of Migrant Workers AEC The ASEAN Economic Community AFML The ASEAN Forum on Migrant Labour ALM ASEAN Labor Minister AMS ASEAN member states APSC The ASEAN Political-Security Community ASCC The ASEAN Socio-Cultural Community ASEAN Association of Southeast Asian Nations ATUC ASEAN Trade Union Council BSP The Bangko Sentralng Pilipinas CSOs Civil Society Organizations CSR Corporate Social Responsibility EMN European Migration Network E-READI The Enhanced Regional EU-ASEAN Dialogue Instrument EU The European Union GATS GENERAL AGREEMENT ON TRADE IN SERVICES GCIM The Global Commission on International Migration ILO International Labour Organization IOM The International Organization for Migration MoLISA The Ministry of Labour, Invalids, and Social Affairs MOU Memorandums of Understanding MRAs Mutual Recognition Agreements NGO Non-governmental organization OECD Economic Co-Operation and Development OEDB The Overseas Employment Development Board OFW Overseas Filipino Worker OWWA Overseas Workers Welfare Administration PDOS Pre-departure orientation seminars POEA The Philippine Overseas Employment Administration RFA Registered Foreign Architect SLOM The Senior Labour Officials Meeting TFAMW Task Force on ASEAN Migrant Workers UN The United Nations WTO The World Trade Organization INTRODUCTION Rationale Migration, especially labor migration, plays a salient role in international relations In Southeast Asia, the story of stateless Rohingyas fleeing Myanmar by sea to some other ASEAN countries like Malaysia, Thailand, Indonesia because eruption of ethnic and sectarian violence has created a lot of problems to these countries in answering whether or not they can stay and work legally there For ASEAN, there is a growing debate on how the “ASEAN way” has become a drawback to the association’s capability to respond to human rights issues like this Some relevant topics on promoting workers’ rights or preventing human trafficking… were discussed, but they cannot be solved overnight The number of people in ASEAN’s member countries who have traveled within the area to work in another ASEAN country is not as high as migration movements elsewhere globally, however, it has skyrocketed in the past twenty years to seven million, including those who are undocumented At the 2003 ASEAN Summit in Bali, ASEAN leaders agreed to establish an ASEAN Community, resting on three pillars: ASEAN Political-Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community It has brought on the need of realizing the contributions of migrant workers to the society and economy of both hosting and sending countries of ASEAN, also, the sovereignty of states in determining their own migration policy relating to migrant workers, including determining entry into their territory and under which conditions migrant workers may remain Thus, the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers was introduced in 2007, marking a groundbreaking milestone of the ASEAN’s cooperation on labor migration, since before that time, there was not too much emphasis on the labor migration issues in ASEAN Throughout the years, ASEAN has considered labor movement mainly as an expansion of free trade and investment – more particularly via the development of services exchange The Bali Concord II in 2003 require completion of Mutual Recognition Agreements (MRAs) for abilities in major specialized services by 2008 to make room for free flow of professionals and skilled labor within ASEAN It was decided to take up a sectoral approach in promoting communal recognition arrangements for the identified professional services in ASEAN On the basis of the mentioned agreement, MRAs and Framework Agreements have been signed, but before 2007, there were only two signed MRAs, namely MRA on Engineering Services (2005) and MRA on Nursing Services (2006) Six other MRAs and Frameworks were signed in the period from 2007 to 2014, and they focus on architectural services, surveying qualifications, accountancy services, medical practitioners, dental practitioners and tourism professionals The Declaration, therefore, shows a reflection of the mutual concern with social protection, a great attention of ASEAN as a whole in forming a closer connection and cooperation among ASEAN countries on labor migration, as well as demonstrates a stronger role of this ten-member association in the region After more than ten years, some actions have been taken, progress has been shown, yet, a lot of limitations have been displayed and there are many challenges that the member states have to face, especially when the mid-term review of the implementation of the Master Plan on building ASEAN Community by 2025 is getting closer and the flow of people from one country to another endures as a concerning issue The questions of whether or not this cooperation has brought success to the member states, peace and better lives for the citizens remained unanswered Regarding Vietnam, the ASEAN Chair for 2020, a big challenge for this country remains human resources quality According to a World Bank ranking of quality of human resources, Vietnam is 11th out of 12 Asian countries with 3.79 points out of 10 An investigation by the Ministry of Planning & Investment shows that in Vietnam, up to 55.63 percent of small and medium-sized business owners have intermediate or lower education level, of which 43.3 percent of business owners only finish primary and secondary school [International Organization for Migration, 2017] While human resource is considered as a key element of the sustainable development of any business, up to 75 percent of the labor force in small and medium-sized enterprises hasn’t joined technical and professional training Within the context of the mentioned MRAs and Frameworks, senior migrant workers will be committed to recognizing certificates among member countries, especially in eight areas In addition, high quality manpower (experts, skilled workers) must be professionally trained or have university or higher degree It requires workers to have professional skills, knowledge and fluency in a foreign language, especially English For professional qualifications, workers need to have a vocational certificate, or a degree that is recognized within these countries Therefore, workers with higher qualifications in domestic businesses of each ASEAN country will have the opportunity to move to other member countries to work and vice versa Their salary will be higher as well as their skills and attitude will be improved In other words, along with the increasing consumer demand in the region, level of human resources among ASEAN countries will be an important reason of labor movement between member countries Moreover, the situation of shady activities for Vietnamese labors in particular and for ASEAN workers in general to get overseas jobs undertaken by illegal brokers, especially in rural areas, is ubiquitous Taking the chairmanship of ASEAN in the year 2020, the query of Vietnam could take advantage of this opportunity to learn from its counterparts to show its role in guiding its nine other neighbors in dealing with the existing labor migration problems of not only Vietnam but also ASEAN receives increasing attention Hence, the writer hopes that through this thesis, not only the above questions can be clarified, but also some case studies and recommendations can be brought out, in order for the writer to shed some light on the topic as well as to contribute to the academia Literature Review The topic of labor migration in ASEAN is not a new one since there have been some outstanding research done on this In terms of understanding ASEAN’s policies, Social Security and Labor Migration in ASEAN [Gloria O Pasadilla, 2011] is a good book for readers to know more about portability of social security in ASEAN, particularly old-age, Only a few public education campaigns on the contributions of migrant employees to society and the economy have been documented in ASEAN countries Further endeavors in these fields could be advantageous to raise public awareness and bolster the commitment of relevant parties to preserving the rights of migrant employees Only a few public education campaigns on the contributions of migrant workers to society and the economy have been reported in ASEAN Member States Further efforts in these areas could be beneficial to increase public awareness and strengthen the commitment of relevant parties to protecting the rights of migrant workers CHAPTER SUMMARY The last chapter is the assessment and future of ASEAN’s cooperation on labor migration After thirteen years of publishing the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, there have been some achievements, that are: more policies and frameworks were introduced to facilitate the movement of migrant workers, as well as to assure the rights of these migrants; more importantly, step by step, the ASEAN has actually brought the policies into practical actions Nevertheless, there are some limitations that this 10-member association needs to be aware of: the unbalanced concentration of ASEAN between skilled and unskilled workers, the lax control of governments leading to the existence of the middlemen and some other problems relating the MRAs as well as the visas and recruitment passes Furthermore, the slowness in the report process of ASEAN member states is also leading to the lack of understanding the labor migration situation in ASEAN Besides, there are some challenges for this cooperation, such as the diversity of ASEAN, the rise of populism in other parts of the world, the story of brain drain or the flexibility to deal with sudden diseases or emergencies In the teeth of the challenges, there are some opportunities for the ASEAN migrant workers to believe in, like the increasing role of ASEAN in the world, its will to develop regionalism as well as regional cooperation, and the rise of the fourth industrialization 77 Looking at all of the above analysis, some prospects for the future of this cooperation are forecasted The ASEAN members can either choose to listen to each other and together, work for its common interests, or stick to the present state of affairs The worst case is the happening of conflicts leading to the break of the long-standing ties between ASEAN members But this is not easy to occur With the intention of making the cooperation better, the author has some suggestions First and foremost, ASEAN needs to build a system to assure the implementation of the ASEAN initiatives The ASEAN itself and the member’s governments might be obliged to put its money where its mouth is to prove its commitment, to make sure that the policies and ambitions it set can be true to life Second, it is necessary to promote the cooperation with other organizations, countries and take advantage of their support Third, more regulatory work is required to make sure adequate protection of migrant employees in all economic sectors, consisting of non-discriminatory access to social safeguard, health care, and workers’ compensation for jobs damages, diseases, disabilities and casualties Forth, return and reintegration is a field in which more policy work is asked to bring profound impact to the related AFML recommendations Last but definitely not least, advance attempts in public education should be done in the interest of heightening people’s intelligence for the protection of the rights of migrant workers 78 CONCLUSION Labor migration plays a significant role in the development of the world, shaping the world the way we see it today Chapter one of the thesis finds out that there are four types of labor migration, namely: incentive migration, demand migration, residential migration and commuting (oscillating) migration No matter what kind of the above, it is clearly perceived that labor migration does not only strongly affect economies, cultures, societies but also relations among countries and territories throughout the globe International cooperation in labor migration has emerged decades ago, displayed in both regional and global forms And ASEAN, as an association among ten Southeast Asian countries witnessing a rising trend of workers moving from one nation to another, is showing its role in dealing with labor migration issues in the region While not as high as migration flows elsewhere in the world, the number of people in the ten member countries of the Association of Southeast Asian Nations who have moved within the region to work in another ASEAN country has trebled in the last couple of decades to seven million, comprising those who are undocumented Of the international migrants living and working in ASEAN, 6,788,000 of them, around two thirds of the total, are estimated to have come from within the region The four major regional destination “hubs” for migration within ASEAN are Brunei Darussalam, Singapore, Malaysia, and Thailand In the meantime, the Philippines has the most outgoing migrant workers across the region, following are Vietnam, Myanmar, Cambodia and Lao PDR 2007 witnessed an avant-garde move of the ASEAN, when it introduced the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, with the signatures of ten leaders from all ASEAN member countries It is considered “avant-garde” because before this remarkable milestone, there was not too much emphasis on labor migration issues in ASEAN However, because of some incentives like the growth of regionalism, the need of building ASEAN to be a strong and unified association, the introduction of the ASEAN Community, the call of effective cooperation within the region to deal with existing issues relating labor 79 migration (irregular migration, migrant women and domestic workers are the most prominent issues amongst others), the ways to get the best of remittances and labor resources, ASEAN members need to cooperate on labor migration In such a way, the second chapter provides the actual situation of ASEAN’s cooperation from 2007 to 2020 in both respects: policies and practical actions Regarding the former, there have been a lot of policies and frameworks showing concerns over labor migration introduced, like the three ASEAN Blueprints, the Cebu Declaration 2007, the Consensus 2017, the MRAs… There were some actions taken after the introduction of these policies, still, they were more or less in the government levels, rather than going into the lives of the citizens Achievements were seen, especially in the area of multilateral and multi-stakeholders cooperation The signing of the ASEAN Consensus in November 2017 marks a step forward from the Cebu Declaration, as it establishes the rights of migrant workers in ASEAN and expands the obligations of sending and receiving states Some countries in the region have also made progress in ratification of relevant ILO Conventions The sharing of good practices, experiences, and information among ASEAN Member States takes place regularly during various ACMW Work Plan activities and other regional events Most importantly, the AFML itself continues to be valued as the key ASEAN platform for multilateral and multi-stakeholder dialogue But still, there are some limitations that this 53-year-old association needs to care about The first one should be the unbalanced concentration of ASEAN between skilled and unskilled workers or, in other words, the restrictive scope of beneficiaries of the free/facilitated movement framework, especially in the years before the ASEAN Consensus; second is the lax control of governments leading to the existence of the middlemen The biggest challenge would be the diversity of ASEAN, in more details, the differences in politics, economy, culture… of the member states, leading to the differences in interests of each country which makes it hard to come to consensus Another challenge is the question of whether or not there is a system to supervise the implementation process Additionally, the long-term vision and flexibility to tackle sudden issues like the Covid-19 is also tested during this period of time 80 Despite all of the challenges listed above, there are some opportunities for the ASEAN migrant workers to rely on, such as the increasing role of ASEAN in the world, the rise of regionalism in Asia, the growth of the fourth industrialization as a favorable circumstance for the ASEAN to implement its initiatives Based on the essence of the ASEAN’s labor migration from 2007 to 2020, some recommendations are suggested In the first place, ASEAN needs to build a system to assure the implementation of the ASEAN initiatives Next, it is necessary to boost the partnership with other international organizations, nations and make the most of their support Furthermore, more regulatory work is much-needed to make sure proper protection of migrant employees in all economic sectors, containing non-discriminatory access to social safeguard, health care, and workers’ compensation for jobs damages, diseases, disabilities and casualties Over and above, a comprehensive plan for return and reintegration should be drawn 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94 Yeoh, B., Lin, W (2012), “Rapid Growth in Singapore’s Immigrant Population Brings Policy Challenges”, Migration Policy Institute, https://www.migrationpolicy.org/article/rapid-growth-singapores-immigrantpopulation-brings-policy-challenges, accessed on 10/11/2019 91 ... cooperated on labor migration from 2007 to 2020? ” To answer it, here are some specific queries: - What is the conceptual framework of ? ?labor migration? ?? as well as ? ?cooperation on labor migration? ?? and... participation of each country in the ASEAN’s cooperation on labor migration CHAPTER ASSESSMENT AND FUTURE OF ASEAN’S COOPERATION ON LABOR MIGRATION After understanding the situation of ASEAN’s cooperation. .. field before 2007 and the motivations for continuing their partnership in the period from 2007 to 2020 CHAPTER REALITY OF ASEAN’S COOPERATION ON LABOR MIGRATION Moving on to the second chapter,