CARAM Asia

CARAM Asia Announces Day off for Migrant Domestic Workers KUALA LUMPUR, 10 Dec 2009: Coordination of Action Research on AIDS and Mobility (CARAM) Asia

2010-01-21T11:12:00.003+08:00

KUALA LUMPUR, 10 Dec 2009: Coordination of Action Research on AIDS and Mobility (CARAM) Asia is proud to announce that it is now launching two videos to enhance our ongoing online advertisement campaign for employers to sign petitions to give a weekly paid day off for migrant domestic workers.

The two videos will be blasted out in cyberspace through personal emails to individuals with links to the online petition created one month ago since the online advertisement campaign was launched in five different media outlets in Asia. These include Al Jazeera, Malaysiakini, The Standard, Prachatai and Online Citizen. These videos can be accessed at;

http://www.youtube.com/watch?v=cbFQwyqHozE

A simple click is all that is needed to grant a basic fundamental right to one of the most vulnerable groups of human beings today http://www.petitiononline.com/adayoff/petition.html

CARAM Asia, a regional network of 34 NGOs and trade unions across 17 countries in Asia, has long called upon on all employers throughout the region, as important non-state actors, to recognise that the time has come to accord foreign domestic workers (FDWs) a weekly paid day off from work.

The International Labour Organization (ILO) estimated that there are more than a million women who engage in domestic work worldwide. There are over 300,000 MDWs in Malaysia, about 70,000 in Bahrain, and more than 200,000 respectively in Singapore, Thailand and Lebanon.

The statistics can cause alarm, as FDWs continue to lack adequate protection mechanisms, basic freedoms, long hours, minimal access to health or even in some cases a recognition of the work itself. In the past 5 months, three Indonesian migrant workers were tortured to death by their Malaysian employers. In Lebanon, at least 10 women have died, either by hanging themselves or by falling from tall buildings over the past two months, in desperation to escape. Rape and physical abuse of these migrants continues to be well documented by a number of different human rights groups including Human Rights Watch, yet many states have failed to take appropriate action to protect these workers.

A weekly paid day off for FDWs will not only prevent suicides, and gender based violence and torture, most importantly it will grant an opportunity for tortured MDWs to escape and report the abuse and/or exploitation by the employer.

Such a move by nation states will be in line with international law applicable to human and employment rights standards. 186 countries have adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and as such have a responsibility to fulfill its responsibility to these terms. As such they would be duty bound to enforce General Comment 26 of the CEDAW Convention which acknowledges that domestic work should be protected by labour laws and entitled to holiday and vocation leave regulations. In Malaysia and many other countries throughout Asia and the Middle East, this still doesn’t remain the case.

Next year, the International Labour Organization (ILO) will start working on the process of adopting a new minimum labour standard for domestic workers that could possibly lead to a new specific Domestic Workers Convention. With the international community moving towards acknowledging the labour rights of domestic workers, we urge governments of host countries, to develop minimum standards of human rights for these workers, and strongly urge employers across the Asian continuum to move away from the slavery practice of binding workers to work without a day off.

CARAM Asia Attends COP15 Process to Warn of Impact on Mobile Populations

2010-01-18T10:46:00.000+08:00

In the second half of 2009, an extensive research project was launched by the Information and Communications Officer (ICO), investigating the linkages between climate change and the impact on migrants and mobile populations.

Following a serious of presentations to the secretariat, Board of Directors (BoD) and members, and the completion of a detailed paper, it was decided that the ICO would attend COP15 and sideline NGO events namely, the Peoples’ Assembly on Climate Change. Due to the research conducted, CARAM Asia was invited to attend and act as a speaker during one of the sessions at the People’s Assembly in order to address some of its research findings and to provide a summarisation of the link between migrants and refugees and the way we should aim towards in the future.

In preparation for attending the Peoples’ Assembly and to increase awareness about research findings, the paper entitled ‘Climate Change and the Impact on Migrants and Mobile Populations’ was sent out to the various international institutions and applicable civil society bodies including International Organisation for Migration (IOM), Greenpeace, Oxfam, Human Rights Watch, World Bank, International Monetary fund and groups.

The paper was also sent to various governmental institutions such as the applicable bodies within ASEAN, SAARC and all of the environmental governmental bodies within national governments within the purview of CARAM Asia’s membership spectrum.

To summarise, CARAM Asia’s objective in attending COP15/People’s Assembly was to;
• Raise awareness about our network research findings and the impact on migrants and mobile populations
• Build profile of the CARAM Asia in this area
• Seek to establish links with other organisations working in the area that could have a common link in tackling climate change
• Increase capacity of ICO and in turn membership in regards to this subject arena and to map out activities that could be set in the future

ICO achieved all of the aforementioned objectives for the conference which served as an overall success. CARAM Asia’s research was well received and distributed and the network was a signatory to the declaration. Further CARAM Asia will seek to work with the group VOICE to work together on a newly launched campaign aiming at raising awareness through a variety of means of media and other activities. ICO was also interviewed in a Chicago indie paper called In These Times to discuss the implication of climate change on migrants. CARAM Asia is now included in a number of NGO mailing networks to discuss the future and how the civil society movement should move forward in tackling the issue of displacement and climate.

Climate change has been categorically and systematically proven to have a detrimental effect on populations especially in Asia leading to the forced displacement and migration of millions. As an emerging issue, CARAM Asia will seek to take the opportunity to stand at the forefront of this debate, placing the voice of migrants at the heart of the process.

Indonesia Emphasises Management Mechanism In MoU On Migrant Workers

2010-01-14T12:06:00.001+08:00

JAKARTA, Jan 8 (Bernama) -- Indonesia is giving importance to a management mechanism in the memorandum of understanding (MoU) it is working out with Malaysia on the matter of its migrant workers, Indonesian Foreign Minister Dr Marty Natalegawa said here on Friday.

"We are now working with the Malaysian government towards an MoU that relates to the responsibilities and rights of Indonesian workers," he said, adding that the mindset from the Indonesian perspective was very much in terms of a mutually beneficial type of engagement.

"We need to have a paradigm shift, that is more win-win and less confrontational, and I think we are working on that. Hopefully, we will have this MoU agreed on sooner rather than later.

"It is of mutual interest to have a proper mechanism so that whatever moratorium that we have been having can be lifted as soon as we have the mechanism in place," he told reporters after delivering his annual press briefing at his ministry, here.

Indonesia stopped sending its workers to Malaysia , particularly those to be employed in the informal sector, in June last year, following several incidents of maltreatment of Indonesian domestic maids in Malaysia .

Marty said officials from both countries were discussing matters related to workers' minimum pay and leave, their right to carry identification papers and the responsibility of the host country to inform the Indonesian embassy should an Indonesian national face any difficulty.

The minister said Indonesian workers made a significant contribution to Malaysia 's economy and development and, at the same time, Malaysia had become a source of income for them.

Earlier, in his briefing, Marty said that in 2010, Indonesia would continue to invest heavily in its multilateral diplomacy and would be at the forefront in promoting the role of the United Nations in tackling global crises and at the same time in calling for its reform.

"Our foreign policy will consistently project Indonesia as part of the solution to various global challenges, of a country keen to accentuate the overlapping of interests and concerns rather than competing interests and concerns," he said.

It would also, among other things, continue to consistently support the Palestinian cause and the peace process aimed at realising an independent Palestinian state.

By Ahmad Fuad Yahya
http://www.bernama.com/bernama/v5/newsindex.php?id=467012

On the evolution towards an Asean Community, Marty said Indonesia believed that there could not be an East Asian or an Asia Pacific community without an Asean Community as its core constituent.

"Thus the Asean Community, the various Asean plus processes, the ARF (Asean Regional Forum), Apec (Asia Pacific Economic Cooperation) and East Asia Summit community, with Asean playing the central role. This is a vision that will continue to guide us in 2010," he said.

He also said that in keeping with the tagline "One Thousand Friends, Zero Enemies", Indonesia 's foreign policy would actively seek to raise to a higher level existing ties with countries in all corners of the globe, promote positive political and people-to-people relations as well as renew and focus on efforts to promote economic diplomacy.

) IOM Resettles over 74,000 Refugees From Thailand Since 2004

2010-01-14T12:04:00.001+08:00

Thailand - IOM resettled over 17,000 refugees from Thailand in 2009, bringing the total number of refugees moved from the country's refugee camps to new homes abroad to over 74,000 since 2004.

The majority of the refugees – over 57,000 or nearly 80% – came from Myanmar , and belonged to the Karen and Karenni ethnic groups. A further 15,000 were ethnic Hmong from the Lao PDR.

Over 80% of the 74,000 were resettled in the USA, with the remainder accepted by Australia, Canada, Denmark, Finland, Ireland, New Zealand, Norway, Sweden, the Netherlands and the United Kingdom.

In 2009 6,800 or nearly 40% of the refugees resettled by IOM Thailand came from Ban Mae Nai Soi – a jungle camp located in the remote north west of the country in Mae Hong Son province. A further 3,400 came from Mae La camp, 300kms to the south in Tak province.

The remainder were resettled from seven other remote border camps located close to Thailand 's mountainous jungle border with Myanmar . All but about 300 of the 17,074 refugees moved by IOM Thailand in 2009 came from Myanmar.

IOM provides pre-departure health screening for refugees at the request of resettlement countries, including chest x-rays to check for tuberculosis and other contagious diseases. If a refugee is found to be suffering from a contagious disease, IOM provides treatment until they are fit to travel.

When the refugees are cleared to depart, IOM transports them by bus from the camps to Bangkok 's Suvarnabhumi airport and arranges their onward travel on commercial flights to their final destinations in resettlement countries.

IOM's 35-year history of refugee resettlement from Thailand began in 1975 in the aftermath of the Vietnam war, when it helped nearly half a million Indochinese refugees from Vietnam , Laos and Cambodia to leave the country and start new lives abroad. It works closely with the Royal Thai government, UNHCR and the governments of resettlement countries.

Federation of American Scientists Newsletter: A MILITARY GUIDE TO NONGOVERNMENTAL RELIEF ORGS

2010-01-14T12:03:00.000+08:00

By Steven Aftergood, January 14th 2010
In an effort to promote cooperation with non-governmental organizations (NGOs) engaged in humanitarian relief operations and to enhance its own emergency response capabilities, the Department of Defense has published a newly updated "Guide to Nongovernmental Organizations for the Military" (pdf).

When a devastating earthquake struck Haiti yesterday, several disaster relief organizations such as Oxfam and Doctors Without Borders were already in place and functioning. Meanwhile, a spokeswoman for U.S. Southern Command told the Washington Post that "the military was just beginning to assess what resources it has in the region and ... said no official request for help had reached the U.S. military." (That now seems to have changed, and a U.S. government response team is expected to arrive in Haiti today, according to the Associated Press.)

In fact, when it comes to disaster relief, NGOs and the military each have comparative strengths and weaknesses. NGOs have greater flexibility, efficiency and responsiveness, are not hampered by the regulatory constraints that limit military operations, and are perceived as politically neutral. "With staff members immersed in local populations, NGOs can absorb information faster than militaries can, often because militaries are isolated by force protection requirements," the DoD Guide acknowledges.

On the other hand, military forces are far superior in their logistical and communications capabilities, and when necessary can bring force to bear to establish secure zones. Also, "militaries can provide extensive intelligence information about population movements, security conditions, road, river, and bridge conditions, and other information pertinent to conducting humanitarian operations."

And, the DoD Guide says, "Militaries can respond to maritime and/or chemical, biological radiological, nuclear and high yield explosives (CBRNE) emergencies. NGOs have almost no capacity."

"When working within a humanitarian emergency, it often appears that the military and NGOs speak different languages and have widely varying and potentially incompatible missions, capacities, and knowledge," the Guide concludes. "This is not necessarily true, and opinions are changing on both sides."

The 363-page DoD Guide presents a fairly comprehensive introduction to the structure, functions and characteristic activities of non-governmental relief organizations.

"The guide book answers a need which is increasingly recognized in the military, to be able to work alongside NGOs and others who have experience and networks in the field," Dr. Warner Anderson of the Office of the Assistant Secretary of Defense (Health Affairs) told Secrecy News.

The author, Dr. Lynn Lawry of the Center for Disaster and Humanitarian Assistance Medicine, is herself an NGO worker and researcher, with relief experience in Iraq , Afghanistan , Liberia , Rwanda , Congo and other areas of conflict. The "Guide to Nongovernmental Organizations for the Military," dated Summer 2009, was recently made public. A copy is available on the Federation of American Scientists website.

Relief organizations accepting donations to provide assistance to earthquake survivors in Haiti include the Red Cross, Mercy Corps International, American Jewish World Service, and Catholic Relief Services.

Free-trade Pacts Ignore Labor

2010-01-14T12:02:00.001+08:00

Written by Estrella Torres, Tuesday, 12 January 2010

http://businessmirror.com.ph/home/top-news/20823-free-trade-pacts-ignore-labor.html
THE critical shortage of professional and skilled workers in several member-countries of the Asia-Pacific Economic Cooperation (Apec) is not being filled because of at least three main factors that restrict worker movement within the Pacific Rim economic grouping.

A study commissioned by the Apec Business Advisory Council (Abac) of the 21-member group showed the United States needing 500,000 nurses by 2025, Japan 500,000 by 2014, and Canada 113,000 nurses by 2014.

It also cited the immediate need for some 36 million skilled workers in the US and Canada , and 25 million workers needed in Russia .
The study said the three key hurdles to free movement of workers within the Apec include restrictive border security policies in rich member-economies, lack of training infrastructure in developing countries and high cost of worker placement fees.
On the high cost of placement fees imposed by recruitment agencies in sending countries like the Philippines, leading recruiters at the Apec forum where the study was discussed rejected sole blame for the high fees on the ground that agreements forged with hosting countries adopted the restrictive policies of these countries, and this included the high placement fees.
Former foreign affairs secretary Roberto Romulo, Philippine representative to the Abac, said rich economies like the US are “reluctant to take up these issues.” He added that even the Japan-Philippines Economic Partnership Agreement remains a restrictive treaty due to strict requirements for Filipino nurses to undergo a two-year language training before they could quality for jobs in Japan .
But a group of recruitment agencies present at the forum on “Global Demand for Labor” at the Asian Institute of Management in Makati insisted also the high cost of placement fees are based on the restrictive policies of rich countries. Such are followed by the Philippines , for example, according to Lito Soriano of LBS Recruitment Solutions.

He said these issues should be placed in the free-trade agreements (FTAs) and memorandum of understanding to facilitate effective labor mobility and discourage the proliferation of recruitment agencies imposing high costs on workers.
“The responsibility should be in the hands of the receiving countries and not so much from the sending countries,” said Soriano.

He also said the Philippines , even being the world’s third-largest source of migrant workers, has not been able to fill in the employment needs in developed countries due to the lack of qualified workers and the absence of training infrastructure that would allow workers to qualify for technical jobs abroad.
Soriano said in the last eight years, the Philippines has not been able to send out new batches of seamen for lack of training facilities to prepare new college graduates to qualify for jobs abroad.
He said the Philippines supplies more than 20 percent of seamen in international passenger and cargo vessels. But since 2001, these Filipino seafarers are still the same people who were just renewing their contracts, he added.
“Contrary to the claims that we are increasing the numbers of Filipino workers being deployed abroad, in reality, there is no adequate Filipino workers to fill up the employment needs overseas,” said Soriano.

He said there are 200,000 licensed Filipino nurses and the demand from the US last year was more than 10,000. However, he said only 288 Filipino nurses have been deployed last year.

He also cautioned the Philippines in signing free-trade agreements with developed countries because he believes they will only result in further job losses for local workers, pointing to the China-Association of Southeast Asian Nations Free-Trade Agreement as example, where 7,000 products had their tariffs eliminated, exposing local industries to stiff competition at a time when they are still not prepared adequately.

The Abac study also noted that temporary worker labor policies within Apec remains uneven and patchy and that FTAs focus principally on the movement of business people and neglected the movement of the skilled and unskilled workers.
The study said of the 42 FTAs signed by Apec member economies, 10 of them have no chapter on labor mobility. It added that although 28 of these FTAs contain provisions on the movement of business or natural persons, only seven of them have labor chapters.

Apec includes Australia , Brunei , Canada , Chile , China , Hong Kong-China , Indonesia , Japan , South Korea , Malaysia , Mexico , New Zealand , Papua New Guinea , Peru , Philippines , Russia , Singapore , Taiwan , United States and Vietnam .

Advocates against HIV

2010-01-12T10:57:00.002+08:00

BY ANA SANTOS CONTRIBUTOR http://www.manilatimes.net/
Sunday, 03 January 2010 00:00

In a public health clinic in Manila where one can get tested for sexually transmitted diseases including HIV, there is a poster that reads: “This is what someone who can be infected by HIV looks like.” Under this sign is a mirror.

It is a simple but accurate reminder that anyone can be infected by Human Immunodeficiency Virus (HIV), which causes Acquired Immune Deficiency Syndrome (AIDS). According to global statistics published in December 2009 by the Joint UN Program on HIV/AIDS (UNAIDS), since the beginning of the epidemic, almost 60 million people have been infected with HIV and 25 million people have died of HIV-related causes.

According to the AIDS Accountability International Foundation, a global study called “The Scorecard on Women” found that AIDS is now the leading cause of death among women of reproductive age.

The Philippines is still considered a low incidence country with an estimated number of HIV cases amounting to 4,218 registered with the Department of Health’s Philippine HIV and AIDS Registry, as of October 2009.

The numbers may be considered small, and it is easy to continue thinking that HIV/ AIDS happens only in other countries.

But to these advocates whose photos appear here, HIV has a face, albeit in many forms: stigma, discrimination, and sometimes, theirs if they are living with HIV, or that of someone they love who has succumbed to AIDS.

Wearing nothing but the AIDS ribbon, the universally recognized icon of support and empathy for the cause, these advocates have boldly come out to share their personal stories about how they have come face to face with HIV.

They are not professional models. It is their courage—and not any benchmark of physical beauty—that makes them deserving of pictures. And it is their actual life experiences with HIV that has revealed their courage. These men and women know what they are talking about.

The right to live free from stigma and discrimination
It was a year ago when Wanggo Gallaga appeared on national television and disclosed his HIV status. Until now, Gallaga says he continues to get a lot of questions on his social networking site. “Some people even seem to have opened an account just to ask me things like: I had unprotected sex and now I’m beginning to feel sick. Is that how you felt?” he says.

Such questions underscore the need for better access to information on HIV/AIDS, which Gallaga hopes to help address by sharing his own experience with as many people as possible.

“Often times, I am introduced to people and when they hear my name, they tell me they know who I am and that they are proud of what I did. It still amazes me how what I’ve done has affected people. But the best support I get is the fact that I am not treated any differently. I have not been given special treatment and must carry my own weight as before.”

Most important to Gallaga is the difference that personally knowing someone living with HIV makes in others.

“People have told me that my disclosure has helped them realize that it can happen to anyone and that if they have the same lifestyle as I used to have, they are at risk. Some people have told me that they have begun to take better precautions while others have found the courage to take the test. I’ve spoken to a few people who are living with the disease and have started to open up about their condition to close friends and family. To stop living with the secret—I think that’s important as well.”

The right to be free from discrimination at work
It was in Dubai when Jericho Paterno first found out that he was HIV positive. It was a surprise and an unfortunate turn of events for Paterno who dreamt of working abroad to give his family a better life.

“I took the HIV test as part of a preemployment requirement. I was surprised to find that I tested positive. I had never shown signs of being sick,” he recalls. There was little time for Paterno to get over his initial shock, he was immediately quarantined and deported back to the Philippines.

“I was frightened. I knew very little about HIV, and confused it with AIDS. I thought I didn’t have long to live.”

The Coordination of Action Research on AIDS and Mobility (CARAM Asia), a regional nongovernment organization that works on health issues, calls the policy and practice of mandatory testing for migrant workers “discriminatory, dehumanizing and violates migrants’ rights.”

Paterno himself has played an active role in advocating migrant workers’ rights as a member of Pinoy Plus. Paterno has been invited to various international HIV/AIDS conferences in Switzerland and Indonesia to speak about his experience.

“Mandatory testing is just one of the forms of discrimination people living with HIV/AIDS face, there are many others,” opines Paterno.

The right to be responsible for your actions
Carlos Celdran’s youth was marked by living a carefree life in New York City, which he discloses included a bi-sexual lifestyle.

“I was living and working in New York in the 1990s. Back then when you met someone at a bar, the line of questioning was always: ‘What’s your name? What do you do? Where do you live? And are you HIV positive?’ We might have been bit promiscuous, but always careful and used condoms.”

Celdran continues, “There are a lot of advancements that have been made in the field of HIV/AIDS in the last decade, and it’s true that the infection is no longer a death sentence, but it’s not something to be taken lightly either. There are a lot of young people now who don’t protect themselves because they are ignorant or complacent.”

“Don’t be ignorant about HIV; not only to protect yourself, but also the ones around you. HIV affects everyone you love and who love you back.”

The right to voluntary testing and counseling
In 2005, a friend of Romina Nanagas had an “AIDS scare.” He asked her to go with him to get tested.

Being at a STD testing center was not at all what Nanagas thought it would be. “I was really scared. I had this image of the staff immediately judging us as ‘dirty’ or promiscuous, but they were very gentle when they talked to us about our lifestyle choices. They gave us brochures and told us to think about it [getting test] first.”

The professionalism and sensitivity of the counseling made testing and subsequently waiting for the results easier. Nanagas and her friend were relieved to find that he was negative.

Looking back at this experience, Nanagas says, “My friend regularly gets tested now just to be safe. He’s a lot more careful and more knowledgeable. I admire my friend’s bravery in openly telling others, ‘Yes, I got tested for AIDS and you should do the same.’”

In relation to her own life, Nanagas explains, “I’m in PR [public relations]—a business of changing perceptions and building images. HIV/AIDS is a cause where right now, a change of perception about something like getting tested may be life-saving. There’s a misconceptions that HIV/AIDS is a ‘gay disease.’ It’s these misconceptions that make straight people think they don’t need to get tested.”

The right to be free of judgment
Having lived in the US for most of his life, Vince Golangco was certainly exposed to and knowledgeable about messages on HIV/AIDS prevention. “But I did not know anyone who’s living with HIV or AIDS.”

That changed in 2006 when a friend suddenly confided that he had just been diagnosed as HIV positive.
“I was really caught off-guard because there was nothing to indicate that my friend was even sick.”

Despite the knowledge that he had about HIV/AIDS, Golangco realized that there was one thing that he did not know: “What do you say when someone you care about tells you they’re HIV positive?”

And even more dumb-founding for Vince was what not to say. “I wanted to ask, “What now?” and “How serious is it? Or “How much longer do you have?” In the end, Vince decided to just listen and be nonjudgmental because “it seemed to me that he really needed someone to talk to.”

When asked if he was afraid that his being in the photo shoot would create doubts about his sexual orientation, he answered, “No. If people see my picture here and judge then may be they should reeducate themselves on HIV/AIDS, too. It can affect anyone. And I’d like to think I’m doing this for my friend. Doing this will show him that he has my support even from here.”

The right to adequate health support and services
When AJ came back to Manila after a year overseas, the last thing he expected was to receive an e-mail requesting financial assistance to defray his friend’s hospital expenses.

AJ says, “Vin was healthy, a tri-athlete even. I didn’t ask questions. Vin was my friend. I didn’t need to know all the details in order to help.”

“Once when talking to another friend, she said, ‘It is really so difficult when it is AIDS’—pertaining to Vin’s physical pain. I was shocked. Until then, I had no idea what Vin was sick of.”

“When Vin was gone, many questions went through my mind: When did he know he was sick? Were there times when he needed someone to talk to? When was the last time that I saw him and what did we talk about? Did I get to tell him everything I should have said? Because now, I can’t.”

“Vin was the first person with HIV/AIDS I knew who has passed on. I have never before posed publicly for the cameras, but I am doing this now, in memory of a dear friend’s life that was short, but well-lived.”

The right to sexual orientation and gender
Every year, the LGBT (lesbian, gay, bi-sexual and transgender) community takes to the streets for Pride March for two reasons: to continue rallying for their human rights of and to celebrate LGBT life and culture.

Dee, co-founder of the Society of Transsexual Women of the Philippines (STRAP), talks about the reason why she walks in Pride marches. “When I first started to manifest my real gender expression, I was fired from my job and in my desperation to find another I applied for those that were way below my qualifications.”

Her academic credentials and professional experience as a manager were overshadowed by the disparity between the gender on her birth certificate and the gender she chose to express. Lucky for Dee, she found an equal opportunity employer whom she has been with for the last six years. “Society stereotypes us as entertainers, salon personnel, comediennes or prostitutes. There is nothing wrong with these professions,” Dee says, “I just dream of a different one, like everyone else.”

Naomi concurs with this, “When you decide to change something that people think is fundamentally immutable, like gender, you trouble their sense of certainty and stability. Quietly or blatantly, they will resent you for it; or worse they will punish you for it. It is this policing and punishing because of gender expression that marginalizes people like me. Years of discrimination impair our sense of self-worth and many of us agree to this convenient arrangement—us in the margins, the rest of society living a good life.”

Queersilver speaks about the discrimination she faces and which she, as a member of Lesbian Advocates of the Philippines, fights. “We lesbians are a double minority—we’re women and we’re lesbians,” says Queersilver, who stresses that this is the one reason why lesbians are often overlooked when it comes to HIV/AIDS intervention programs. “The WSW [Women who have Sex with Women] may be a low [HIV] incidence group, but we nonetheless should have access to adequate and proper information about how to protect ourselves.”

IOM calls for greater efforts at dealing with environmental migration

2010-01-12T10:47:00.000+08:00

Friday, 18 December 2009, 9:21 GMT
Source: http://news.myjoyonline.com/news/200912/39488.asp

Greater efforts are needed beyond Copenhagen to tackle the complex issue of environmental and climate-induced migration, says the International Organization for Migration (IOM) as it marks International Migrants Day today.

As world leaders attend the final day of the UN’s Climate Change Conference in the Danish capital to consider signing up to a global deal on climate change that may or not acknowledge its impact on migration and displacement, the reality is that climate change and environmental degradation are already triggering migration or displacement all over the planet. In particular, it is the world’s poorest countries that are bearing the brunt.

Major gaps in knowledge and understanding exist on how best to deal with the many complex repercussions of environmental migration.

“No-one really knows just how many people are already migrating voluntarily or are forced to do so because of climate change or environmental degradation. What we now know is much of this migration is largely internal or cross-border and that it is a growing trend,” says IOM Director General William Lacy Swing.

Growing migration pressures resulting from the effects of climate change add to the urgency of tacking existing challenges of migration management. “Ensuring effective protection of the human rights of all migrants, including environmental migrants, and provision of adequate assistance to vulnerable people on the move will continue to be one of the key priorities of IOM. Working together with our partner agencies in the Global Migration Group and beyond, we will also continue to work on reducing forced migration as much as possible, to ensure that when migration happens it is by choice,” Mr. Swing added.

A recently published IOM report states that most migration already occurring as a result of environmental factors is internal. Several Asian countries, for example, are struggling to cope with the mass of rural-urban migration as recurrent floods destroy agricultural livelihoods and supplies and force people to move to over-stretched urban areas, with dramatic consequences for infrastructure, public services and health.

Slow-onset environmental degradation generates less attention than extreme climatic events such as floods and storms, yet globally 1.6 million people were affected by droughts between 1979 and 2008, more than double the number affected by storms, with Africa especially vulnerable.

Migration is already playing a significant role as a coping mechanism in these contexts. Mali, for example, is witness to internal migration from the country’s north to its south and to regional migration towards coastal areas of West Africa as a spontaneous adaptation strategy to drought, alleviating stress on one fragile eco-system but transferring it to another.

While some National Adaptation Programmes of Action (NAPAs) produced by Least Developed Countries to adapt to climate change include references to migration, more can be done to strengthen the role of migration in the adaptation context.

“We all know that there is no single solution to the challenges of climate change. We need to use all the tools at our disposal, and migration is one of them. It has been recognized that migration can and does contribute to development in countries of origin and destination. Strengthening the link between migration and development and taking advantage of the benefits temporary and circular migration can bring to vulnerable communities needs to be part of the adaptation plans,” Mr. Swing stated.

The potential scale of future movements will require international support for those countries most affected by internal and immediate cross-border environmental migration as less and least-developed countries will not have the capacity or resources to manage or respond to such flows.

“Financial support to address the migration-related consequences of environmental degradation and climate change must not be to the detriment of development assistance which has already been hit by the economic crisis. Support has to be additional if developing countries are to build their resilience to the humanitarian impact,” Swing adds.

However, environmental migration will also be of increasing importance to the developed world, where policies to address the issue are conspicuous by their absence.

Citing future hotspots from several Asian, African, Central and Southern American countries with high emigration rates, significant socio-economic challenges and slow-onset climate-related disasters that impact on food security, a recently published IOM report argues the paucity of policies on environmental migration will mean the developed world will face equally difficult challenges in addressing the issue.

“Climate change, demographic trends and globalization all point to more migration in the future. This means that the well-being of even more people and communities will be subject to our ability to manage migration in a way that increases the benefits and opportunities and reduces suffering. The effects of climate change will be an increasingly important variable in this equation.

We need to think ahead and plan for change; we need to come up with integrated solutions that link migration and climate change adaptation; and we need to be prepared to respond to the humanitarian challenges that climate change is already posing today,” Mr. Swing concluded.

CARAM Asia Launches Campaign for Weekly Paid Day Off For FDWs

2010-01-05T16:13:00.003+08:00

LET's join the call to give another fellow worker a weekly day off from work. Pls support CARAM Asia, a regional network of NGOs, migrant workers associations and trade unions who needs a collection of signatures for the campaign for "A Weekly Paid Day Off for Migrant Domestic Workers" by forwarding this email out to others.

If you employ a migrant domestic worker, please go to http://www.petitiononline.com/adayoff/petition.html.

Find out more:

Facebook causes @ http://apps.facebook.com/causes/407075

CARAM Asia’s Campaign

http://www.caramasia.org/index.php?option=com_content&task=view&id=763&Itemid=754

Singapore Day Off Campaign (tips on how you can give a day off)

http://www.dayoff.sg/

Thailand’s Campaign

http://apps.facebook.com/causes/319853

United for Foreign Domestic Workers Rights

http://ufdwrs.blogspot.com/

Newly Elected Chair of CARAM Asia Faces Unfounded Media Accusations

2009-11-20T11:02:00.001+08:00

As a regional organisation comprised of some 34 members from 17 countries, Coordination of Action Research on AIDS and Mobility Asia (CARAM Asia) remains astonished by the recent accusations of Gulf News Daily and Akhbar Al-Khaleej and their malicious and unfounded attacks levelled at our newly elected Chair Nabeel Rajab, the Bahrain Centre for Human Rights (BCHR) and by extension CARAM Asia.

The recent allegation of links between CARAM Asia and the Iranian government remain absurd and baseless. Neither BCHR nor CARAM Asia has ever taken a solitary cent from the Iranian government or any of its wider bodies and such facile accusations only seeks to demonstrate the lengths that certain publications will go to smear those committed to increasing the rights of all people. Furthermore, we would like to note that not once has our organisation been contacted by the aforementioned publications, casting light on the credibility of the journalists and the publications themselves.

Further, it is crucial in the interest of transparency that some clear facts be recognised for the documentary record. The BCHR has been an active and passionate member of CARAM Asia since it was approved of membership in 2007 and it was as a result of this recognition that Nabeel Rajab was democratically elected last month as Chair of the organisation by our members. In fact, far from being ‘defunct’ as it was recently labelled by Gulf Daily News (Basma Mohammed, October 28th, 2009), the BCHR has continued to demonstrate its commitment to human rights of all people and continues to operate within an extremely hostile environment.

CARAM Asia is not alone in its support of Mr. Rajab and other prominent human rights groups such as Human Rights Watch, Amnesty International, Frontline and International Federation of Human Rights FIDH have all used our Chair’s reports as well as his commentary on human rights concerns within Bahrain.

CARAM Asia will continue to offer its support to our Chair and collectively we will persist as a network to promote the issue of migrants’ rights at the national, regional and international sphere.

'India should implement policy for Intl migration'

2009-11-11T10:19:00.000+08:00

Thiruvananthapuram, Nov 2 (PTI) India should implement a policy on international labour as there is a need to regulate recruiting agents and ensure security and safety of migrant workers, particularly the unskilled ones, a labour resource centre affiliated to UGC has said.

"India accounts for the largest number of skilled, semi-skilled and unskilled migrants. There is an urgent need to regulate the recruiting agents to ensure the security of the migrants, particularly the unskilled workers," J Johan, executive director of New Delhi-based Centre for Education and Communication told PTI ahead of a meet of the Global Forum on Migration and Development (GFMD) which kicked off today at Athens.

Stressing the need for a policy on international migration, Johan said an inter-governmental system should be evolved for the mobility of unskilled workers.

Greek agrees to regularise Bangladeshis

2009-11-11T10:16:00.001+08:00

SOURCE: UNB, Dhaka

Most of about 30,000 Bangladeshis living in Greece migrated through illegal ways, but the Greek government now agreed to give a chance for their registration.

Labour, Employment and Expatriates' Welfare Minister Engineer

Khandaker Mosharraf Hossain on Tuesday informed journalists about the development after his visit to Greece where he attended a four-day seminar on ‘Global Forum on Migration and Development’.

The minister said his counterpart of Greece proposed to him to give a

chance for registration of the workers to get legality.

“About 10/15 thousand Bangladeshis would get registration card and continue their professional work without any hazard in this process,” he told the newsmen at his secretariat office.

Mosharraf said he discussed the matter with Bangladeshi workers and they agreed to take the opportunity.

The minister also informed that he had proposed to the Greek government import of trained manpower in shipping, agriculture, garment, tourism and hospitality sectors of that country.

“In reply to my proposal, Greece has agreed to send an expert team to

Bangladesh to scrutinise those sectors’ training facilities,” he said.

Mosharraf said that his government has sent about 4.13 lakh workers to different countries in last ten months and more than one lakh are prepared to go while 3.71 lakh workers went abroad in 2006 during the same time.

Lebanon: Deadly Month for Domestic Workers

2009-11-10T16:44:00.001+08:00

Investigate 8 Deaths and Why So Many of These Workers Die

(Beirut, November 9, 2009) – The Lebanese government should investigate the deaths of eight migrant domestic workers during October, 2009, as well as the reasons for the disproportionately high death rate among this group of workers, Human Rights Watch said today. An estimated 200,000 domestic workers, primarily from Sri Lanka, the Philippines, and Ethiopia, work in Lebanon.

Four of the deaths are classified by police reports or by the workers’ embassies as suicides, three as possible work accidents, and one as a heart attack. Six of the deaths occurred when migrant domestic workers either fell or jumped from high places. One woman committed suicide by hanging herself from a tree. The dead include four Ethiopians, two Nepalis, and two Malagasies

“The death toll last month is clear evidence that the government isn’t doing enough to fix the difficult working conditions these women face,” said Nadim Houry, senior researcher at Human Rights Watch. “The government needs to explain why so many women who came to Lebanon to work end up leaving the country in coffins.”

In August 2008, Human Rights Watch published a study showing that migrant domestic workers were dying at a rate of more than one a week in Lebanon.

A diplomat at the consulate of the country from which one of the dead women came told Human Rights Watch: “These women are under pressure, with no means to go away. Their passports are seized and they are often locked away in their employer’s house. It is like they are living in a cage. Human beings need to mingle with others; otherwise they lose their will to live.”

An official steering committee created in early 2006 and led by the labor ministry has taken some steps to improve the treatment of migrant domestic workers. In January 2009, the labor ministry introduced a standard employment contract that clarifies certain terms and conditions of employment for domestic workers, such as the maximum number of daily working hours, as well as a new regulation for employment agencies that aims to improve oversight of their operations. However, these workers are still excluded from the country’s labor law, and there are still no enforcement mechanisms for the current rules governing domestic employment.

“As long as Lebanon does not appoint labor inspectors to ensure compliance with the new rules, these rules will exist on paper only,” Houry said.

Human Rights Watch urged the official steering committee that works to improve the status of domestic workers to begin tracking deaths and injuries, to ensure that the police properly investigate them and to develop a concrete strategy to reduce these deaths. This strategy should include combating the practice of forced confinement, providing a labor ministry hotline for the workers, appointing labor inspectors, and improving working conditions and labor law protections.

Human Rights Watch also urged governments of the migrant workers’ countries of origin to increase the services at their embassies and diplomatic missions in Lebanon by providing counseling and shelter for workers in distress.

Details about Deaths of Migrant Domestic Workers in October 2009

On October 8, Sunit Bholan of Nepal, 22, reportedly committed suicide.

On October 16, Kassaye Etsegenet of Ethiopia, 23, died after reportedly jumping from the seventh floor of a building on Charles Helou avenue in Beirut. Etsegenet left a suicide note in which she states that her decision was based on personal reasons, in particular, a fight with another member of her family.

On October 21, Zeditu Kebede Matente of Ethiopia, 26, was found dead in the town of Haris hanging from an olive tree.

On October 23, Saneet Mariam of Ethiopia, 30, died after falling from the balcony of her employer’s house in the town of Mastita.

On October 23, Mina Rokaya, of Nepal, 24, died after being transferred from her employer’s house in Blat to a hospital. The police report says that she died from a heart attack.

On October 28, Tezeta Yalmoya of Ethiopia, 26, died after falling from the third floor of the apartment building where she worked in `Abra, next to Saida. According to reports in local papers, she fell while cleaning the balcony.

Newspapers in Madagascar reported the deaths of two Malagasy women in Lebanon in October. The first worker, identified as Mampionona, reportedly fell from the third floor while cleaning the balcony. She had arrived in Lebanon on September 1. The other, identified as Vololona, died after reportedly jumping from the fourth floor.

For more information, please contact:

In Beirut, Nadim Houry (English, Arabic, French): +961-3-639244 (mobile)

CARAM Asia: GFMD Still Fails as a Viable Platform to Address Migrants’ Concerns

2009-11-04T13:55:00.001+08:00

As governments from around the world convene for the third annual Global Forum on Migration and Development (GFMD) many in the civil society sector continue to question the credibility of the forum as a valid platform capable of producing beneficial change for migrants. As a regional network, Coordination of Action Research on AIDS and Mobility Asia (CARAM Asia) stands resolute in our criticism of the current structure that continues to operate outside of formal international legislation and promotes market forces above the human and employment rights of the over 250 million migrants around the world.

While we acknowledge that the GFMD currently stands as the largest space for international dialogue on issues related to migration, at its core the forum only seeks to address mobility through the lens of economic development via a state driven, voluntary and non-binding platform. As a result of this, key issues such as forced and irregular migration, right to health, access to justice and the overall social cost related to migration remains largely sidelined in this process. As an extension of this concern, CARAM Asia notes that the GFMD has deliberately sought to alienate the role of migrants’ voices from the discussion process and has demonstrated a clear lack of transparency and accountability where many non-binding agreements are made in closed door meetings outside of the scrutiny of rights based observers.

CARAM Asia will continue to object to the GFMD’s premise that the use of Labour Exporting Policies (LEP) and subsequent generation of remittances can be a tool for sustainable development. Our network is not alone in this view and the findings from the United Nations Development Programme (UNDP) Human Development Index has continually demonstrated that despite records levels of generated remittances to developing countries, the quality of education, health and overall standard of living has in the vast majority of cases, decreased.

We at CARAM Asia continue to believe that the GFMD will never become a platform of positive change in the field of migration until it seeks to engage directly with migrants and their communities and halt their continued promotion of failed economic policies. Furthermore, the GFMD must immediately seek to include wider issues related to migration where governments of destination countries are directly encouraged to implement and abide by previous international human, gender and employment rights frameworks to provide migrants the same protections as their own citizenry.

It is with this in mind that CARAM Asia recommends that the participants of the GFMD take the following steps;

-Both sending and receiving countries must immediately sign and ratify the International Convention on the Protection of the rights of all Migrant Workers and Members of their Families (1990)

-The GFMD must immediately increase its transparency and accountability of the overall process. This must include the participation of grassroots organisations to address the wider social issues related to migration including addressing gender specific vulnerabilities.

-States that host female migrant workers must adhere to existing rights as laid out in the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1979). Through this the GFMD should strongly seek to use its platform to recommend to all participating parties the immediate recognition of domestic work as work with protection in domestic legislation.

- Migrant workers must be protected by labour rights and Decent Work Standards set out in the ILO conventions

- Whether documented or undocumented, the GFMD must recognise that migrants are entitled to fundamental human rights including the right to health, equal access to justice, the freedom of movement, freedom of association and to freedom from abuse and exploitation including torture and cruel, inhuman and degrading treatment.

- When analysing the issue of development, the GFMD must place at its core, Human rights and social justice cored for development with comprehensive ¬ - work for balance of social, cultural, political and economic progress and in line with the definition and framework as stated in the UN Declaration on the Right to Development (1986). Alternative development should ¬ place the human person at the center of development and be aimed at improving the quality of life and dignity of all people and their environment.

-Governments should ensure that adequate and informed pre-departure orientation is given to all migrant workers including health and rights awareness.

- The GFMD must seek to immediately move back to work under international framework of the United Nations mandate with due accountability and transparency

- Regulating and monitoring of the labour recruitment industry to ensure labour and human rights of migrant workers and ensure that migrant workers are not charged exorbitant fees.

-States must stop propagandizing the myth that remittances can be used the basis for development and instead initiate policies aiming at addressing a fundamental, lasting political, economic and social reforms needed in developing countries. This must include the need for developing infrastructure for sustainable development by job creation, employment opportunity, universal healthcare, right to decent education and security of life.

CARAM Asia Press Statement: Regional Consultation with United Nations Special Rapporteur on the Right To Health October 30th – 31st

2009-11-03T10:37:00.003+08:00

While many countries throughout the world become reliant on the use of foreign labour, migrant workers continue to lack access to affordable healthcare services in destination countries which in many cases results in unnecessary deaths. In many countries including Malaysia, the commoditisation of foreign labour has led to severe violations in migrants’ human and health rights in places of work as well other areas including detention centres. The recent halting of sending Indonesian foreign domestic workers to Malaysia after the publicised cases of abuse and neglect highlights the fact that many governments continue to overlook the conditions and treatment of migrant workers within their borders.

For the past decade, CARAM Asia’s regional research on migrant workers’ access to quality health information and services reveals that the existing legislation and policy environment in destination countries does not provide necessary mechanisms to ensure migrant workers health rights are recognised, promoted or protected adequately. As a result of the network’s growing profile, CARAM Asia held a Regional Consultation with the United Nations Special Rapporteur on the Right to Health, Mr Anand Grover from the 30th-31st of October in Kuala Lumpur. Participants in this process also included representatives from the Embassy of the Kingdom of the Netherlands, the Delegation of the European Commission (EC) and representatives from other civil society groups including the Malaysian AIDS Council (MAC).

This consultation was able to create a space for members to impress on the UNSR the risks and vulnerabilities facing migrants in both sending and receiving countries. At the same time, this it acted as a platform to better inform our members of the importance of UN Special Procedures and thus creating clearer lines of communication between the two parties. Throughout the two day process, the consultation was an interactive dialogue between both participants and the UNSR on migrant workers’ access to health, information and services.

We identified to Mr Grover the following issues as strategic concerns that need to be addressed urgently;

Health and wellbeing of migrants – the overall migration process places migrants in temporary, dangerous and precarious situation that limits their access to healthcare services.

Discriminatory health practices against migrants – In particular practices such as mandatory HIV and pregnancy testing as requirement for “fitness to work”, exclusion of migrants from Universal Access coverage.

Criminalisation of migrants – Migrants’ lack of legal status impacts negatively on their health and limits access to health services. Being liable to arrest, detention and deportation severely affects their wellbeing.

Unnatural death of migrants in destination countries – The cause of death of numerous migrants is not determined. Without proper investigation many rights violations remain ignored and families are left without proper closure and compensation.

Sexual Reproductive Health and Rights of migrants – Migrants’ sexuality is being controlled by the conditions of their employment. Female migrant workers are subject to forced contraception and face sexual and gender-based violence without recourse.

Health and wellbeing of Foreign Domestic Workers – The nature of domestic work isolates migrants and strains their physical and emotional health. This is further exacerbated by the gender dimension and lack of labour protection of domestic work.

As a result of this process, stronger lines of communication were established. Mr Grover also commended CARAM Asia on its hard work and commitment to this issue and expressed deep concern about the overall treatment of migrant workers within the region. This is especially applicable to the risks and vulnerabilities faced by foreign domestic workers and he fully endorsed the network’s demand for the recognition of domestic work as work as well making sure that all hosting countries provide a weekly paid day off.

CARAM Asia remains committed to working on these issues and is keen to cooperate further with the Special Rapporteur and other existing mechanisms at both the regional and international level. The network looks forward to the inclusion of our recommendations within the Rapporteur’s report to the United Nations Human Rights Council (UNHRC) early next year.

CARAM Asia Concludes A Successful 3rd General Assembly

2009-11-03T10:31:00.002+08:00

KUALA LUMPUR, 27th-28th October 2009: Coordination of Action Research on AIDS and Mobility (CARAM Asia) is proud to announce that it has held a very successful 3rd General Assembly which convened in Kuala Lumpur, Malaysia from the 27th-28th October. This meeting represented an increase in the solidarity and cooperation amongst our members to further address the employment rights and living standards of migrant workers within the Asian region.

The regional network was initially established in 1997 as an approach to address the social issues of migration as direct response to this growing global phenomena. Since its inception the network has evolved to adapt to the emerging issues while staying true to its vision that migrant workers deserve the same human rights and protection mechanisms accomodated to nationals.

Over the last 12 years CARAM Asia has gone from strength to strength and has actively campaigned throughout the region to address the increased violations against migrant workers. This has been demonstrated by growing membership of the network who each seeks to actively to address special interventions for migrant populations at all stages of migration. Furthermore, CARAM Asia’s voice continues to be heard at both the regional and international levels.

The members at the General Assembly debated intensely its priorities, emerging issues and challenges faced over the last two years. As a result of this process,

CARAM Asia has evolved its new programmatic areas for the coming future and these are the following focus of work;
1. Migrants Rights (Promotion and Protection)
2. Migrants, Health & HIV
3. Migration, Globalisation & Development

CARAM Asia Concludes A Successful 3rd General Assembly

2009-11-02T12:25:00.003+08:00

Coordination of Action Research on AIDS and Mobility (CARAM Asia) is proud to announce that it has held a very successful 3rd General Assembly which convened in Kuala Lumpur, Malaysia from the 27th-28th October. This meeting represented an increase in the solidarity and cooperation amongst our members to further address the employment rights and living standards of migrant workers within the Asian region.

The regional network was initially established in 1997 as an approach to address the social issues of migration as direct response to this growing global phenomena. Since its inception the network has evolved to adapt to the emerging issues while staying true to its vision that migrant workers deserve the same human rights and protection mechanisms accomodated to nationals.

Over the last 12 years CARAM Asia has gone from strength to strength and has actively campaigned throughout the region to address the increased violations against migrant workers. This has been demonstrated by growing membership of the network who each seeks to actively to address special interventions for migrant populations at all stages of migration. Furthermore, CARAM Asia’s voice continues to be heard at both the regional and international levels.
The members at the General Assembly debated intensely its priorities, emerging issues and challenges faced over the last two years. As a result of this process, CARAM Asia has evolved its new programmatic areas for the coming future and these are the following focus of work;

1. Migrants Rights (Promotion and Protection)
2. Migrants, Health & HIV
3. Migration, Globalisation & Development

Furthermore, CARAM Asia is also proud to announce its seven new Board of Directors, who were elected by the participating members into the role of leadership.
1. Nabeel Rajab (Chairperson, Bahrain Human Rights Centre)
2. Bridget Lew Treasurer, Humanitarian Organisation for Migration Economics)
3. Brahm Press (Raks Thai Foundation, Thailand)
4. Irene Fernandez (Tenaganita, Malaysia)
5. Zia Awan (Lawyers for Human Rights and Legal Aid, Pakistan)
6. Manju Gurung (Pourakhi, Nepal)
7. Carmelita Nuqui (Development Action Women’s Network)

The Bahrain Center for Human Rights (BCHR) is a nonprofit, nongovernmental organization that was established back in 2002. Despite an order by the authorities in November 2004 to close it, the BCHR is still functioning after gaining a wide internal and external support for its struggle to promote human rights in Bahrain. At its core, the group seeks to encourage and support individuals and groups to be proactive in the protection of their own and others' rights; and to struggle to promote democracy and human rights in accordance with international norms.

Raks Thai Foundation was established in 1997 as a civil society group to strengthen the capacity of the poor and disadvabntaged communities to analyse the root causes and problems and determine suitable solutions and participate in development activities. Since 2003, the organisation has become the first member of CARE from a developing country seeking to analyse and relief and development programs in Thailand.

Humanitarian Organisation for Migration Economic (H.O.M.E): Since 2004, HOME has sought to provide direct assistance to migrant workers, victims of human trafficking and forced labour within Singapore. As part of its vision, HOME is committed to the principle that migration of people benefits the global society with a focus of the effects of migration within the context of Singapore.

Tenaganita: This organization was established in 1991 by Irene Fernandez to undertake research, advocacy and action to prevent, solve and address grave abuses that happen to migrants and refugees. At its core, the organization campaigns for the recognition of mmigrant rights and in doing so, Tenaganita continues to promote a culture where human rights are embraced, valued and protected.

Pourakhi: This NGO works to ensure the rights of Nepalese women migrant workers in the entire phase of foreign employment through the processes of information, counseling, advocacy and empowerment. Furthermore it seeks to act as a pressure group for the implementation of existing domestic laws and the ratification and implementation of international instruments concerned with the protection and promotion of the rights of women migrant workers.

Lawyers for Human Rights and Legal Aid: LHRLA was formed to meet the ever-growing demands of those who cannot afford the expenses of litigation. Since its inception, the LHRLA has sought to provide direct legal aid in Pakistan by approaching law enforcement agencies, the D.I.G. police, the Home Secretary, the provincial governor and other highly placed officials with reports, petitions and statistics.

Development Action Women’s Network: The Development Action for Women Network (DAWN) is a non-government development organisation created in 1996 to assist Filipino women migrants in Japan and their Japanese-Filipino children (JFC) in the promotion and protection of their human rights and welfare. Through its work, DAWN hopes to create a society where women and men share equal opportunities for a just and humane living, creating empowered and self-reliant families in communities where each one cares for one another in the spirit of peace based on justice; and where migration is an option that is respected and protected.

ITS MURDER, Another life is LOST

2009-10-31T10:50:00.004+08:00

TENAGANITA PRESS STATEMENT

29th October,2009

ITS MURDER
Another life is LOST:
The situation is serious
The right to life is threatened.
Violence and abuse in various forms are escalating.

Tenaganita is aghast with the statement by the Home Minister, Datuk Seri Hishammuddin Hussein that the death case of Mautik Hani – being the first of it’s kind in the country (NST – 28/10/09).

Mautik Hani ,a domestic workers from Surabaya died on 26th October 2009 . She was so brutally and severely abused by the employers that her body could only succumb death. According to reports, she was kept locked in the toilet for days until a new domestic worker who felt a stench coming from the bathroom found her. Hani’s backbone and right wrist were broken, her body was bruised, her face swollen, and a wound on her right leg so severe, her bone was visible .

It is not the first of it’s kind in the country. As Malaysians, do we remember or have we forgotten Nirmala Bonat ‘s case in 2004, who was severely abused. This year alone, on 24th May , another Indonesian domestic workers died in Petaling Jaya after sustaining severe injuries to her head and body as reported by Jakarta Post . In June 2009, Siti Hajar was tortured by her employer that included starving, beating and scalding with boiling water and following to that, the Indonesian Government put a ban on Indonesian domestic workers. Before that, in March , another case of abuse, of Indonesia domestic worker named Siami in Segamat, Johor who had worked 5 months for her employer. She was scalded with hot water, struck with a rotan, punched and kicked by her employer.

Tenaganita has received more than 400 calls, handled 273 cases with over 2184 human rights violations committed by the employers and the recruiting agencies during the last 3 years. The cases are increasing because during the last 1 month, Tenaganita received more than 10 cases of domestic workers who were physically abused, raped, not paid wages, no off days and passports confiscated by the employers. Children as young as 14 years old are domestic workers working 16 to 22 hours a day. The Indonesian Embassy in Kuala Lumpur stated that each year they handle and shelter at least 1000 cases of domestic workers. The other embassies like Philippines, Cambodia, Sri Lanka and India also have handled many cases of abuse of domestic workers from their own respective countries.

Are these not enough statistics for us and for the government to move into swift preventive actions? The forms of abuse, torture and exploitation are incredible but real. Its long overdue and we must stop being in a state of denial or more precious lives will be lost.

Out of the 273 cases, what shocks us is that not one case of abuse and violence has gone to court. Police investigations are sluggish, court systems inaccessible, and processes drag on endlessly. Often, the victims drop the cases out of weariness, and go home as they no longer can continue their life of trauma and indefinite waiting. The possibilities of justice is distance and inaccessible.

From the cases mentioned it becomes clear that the authorities and enforcement agencies including the judiciary, punish the victim, the onus of proof of being legal is on the victim when the controls are with the employer or the agent. We then protect rapists, abusers and irresponsible employers. We condone violence. We nurture trafficking in persons and create an environment for slavery like practices. We see the numbers grow, we watch the statistics swell, and we close our eyes as the perpetrators walk away without any guilt.

The Home Minister, instead of reducing the death of an innocent human being, a worker whom we Malaysians demanded for to meet our needs to an insignificant issue, should pull up his socks and conduct open and serious investigations to violence and abuse faced by domestic workers and why the roads to justice are shut down.

In fact, it is clear that the above form of intense rights violations bring about a bonded labor with intense servitude and debt bondage that constitutes trafficking in persons.The situation and the trafficking of women and children in domestic work will continue if we do not work for change.

There are deep concerns over the system of placement and conditions of work for domestic workers. For many years, Tenaganita has stated over and over again that it is only when rights of workers are protected through laws; when domestic workers are recognized as workers, will employers, agents and Malaysians as a whole can ensure respect and dignity for domestic workers. The statutes and the legal process cannot and must not exclude domestic workers.

This form of persistent and intentional discrimination of women from the more marginalized groups, speaks volumes of how we respect persons and ensure their dignity. We have ratified CEDAW ( The Convention In The Elimination Of All forms of Discrimination Against Women) and have not lived up to our commitment and accountability.

We welcome the Human Resources Minister, Datuk Dr. S. Subramaniam’s announcement that domestic workers in Malaysia will be given one paid day off a week and be allowed to keep their passports during their stay in the country. This move will definitely help in reducing the current forms of abuse.

But globally, the experience shows that only when rights are protected and guaranteed in the statutes of the country, has violence and exploitation been drastically reduced.

Malaysia has also passed the Anti trafficking in Persons Act and labor trafficking is part of its definition. We have been placed in tier 3 for the second time by the US government. The report clearly stated the vulnerable conditions of domestic workers that bring about servitude and slavery like practices.

We definitely want to change that scenario and we hope the Home Minister takes cognizance of it. We must change our laws, redefine domestic work as work and not as servant in the employment act. We need clear standardized contract for all domestic workers, attached to the employment act for effective enforcement. The one day off must be implemented without delay.

The source countries have equal responsibilities to protect the rights of their nationals especially migrant workers. They must ensure that the domestic workers do not enter into debt bondage and rights are guaranteed before they leave through the bilateral agreements and when in employment.

We do not want to see another death of an innocent domestic worker in Malaysia.

Domestic Workers is a human being. She is a woman who needs care, warmth, love and respect, so she can live a life of dignity. She is here because we need her. It is only fair and just that she is treated with dignity and respect, not only by every individual employer but by the government of the day as well.

Irene Fernandez

Director

IOM and UNIFEM Train Bangladeshi Labour Attachés

2009-10-22T13:09:00.001+08:00

Posted on Tuesday, 20-10-2009
Bangladesh - IOM and UNIFEM today launched a three-day training workshop in Dhaka on current migration management and remittance issues for Bangladeshi labour attachés.

The training, the second of its kind, follows a similar programme offered last year by IOM and will be attended by 14 labour attachés stationed at 12 Bangladeshi missions abroad.

Facilitators and speakers will include labour migration experts from IOM HQ and IOM Dhaka, local legal and gender experts, representatives from key government agencies and Bangladesh's association of recruiting agencies.

The programme is designed to enhance government capacity in migration management, improve protection of migrant workers, and optimize the benefits of managed labour migration, including the development of new labour markets.

Topics under discussion will include global migration trends against the backdrop of the financial crisis, emerging local challenges in migration management, the protection of migrant workers, their rights and mechanisms of inter-state cooperation.

"Labour attaches are responsible for providing support and services to Bangladeshi workers abroad. This is a forum where they can share their experiences and come up with practical solutions that really meet the needs of the migrants," says IOM Regional Representative for South Asia Rabab Fatima.

Overseas Employment and Expatriate Welfare Minister Engineer Khondoker Mosharraf Hossain attended today's opening session. At the event he launched ten newly updated country-specific booklets produced by IOM Bangladesh under an ongoing DFID-funded project entitled "Remittance and Payments Partnership Project", which are used in pre-departure briefings of outgoing migrant workers.

For more information please contact:

Asif Munier
E-mail: amunier@iom.int

or

Marufa Akter
IOM Dhaka
Tel: +880.2.988.9765
E-mail: makter@iom.int

Nepal: Years of Terror, Then Broken Promises

2009-10-22T13:08:00.000+08:00

(Kathmandu) - Investigate and Prosecute Killings and Torture From Decade of War Era
October 16, 2009

The Nepal government has failed to conduct credible investigations and to prosecute those responsible for thousands of extrajudicial killings, torture, and enforced disappearances three years after the end of the country's decade-long armed conflict, Human Rights Watch and Advocacy Forum said in a joint report released today.

The 47-page report, "Still Waiting for Justice: No End to Impunity in Nepal," calls for the government to investigate and prosecute those responsible for crimes committed during Nepal's armed conflict. A lack of political will and consensus, prevailing political instability, and a lack of progress in the peace process has meant the government has not delivered on its promises to prosecute these crimes, as set out in the 2006 peace agreement, Human Rights Watch and Advocacy Forum said.

"The politicians, police, prosecutors, and army are letting the people of Nepal down once again," said Brad Adams, Asia director at Human Rights Watch. "The government has had plenty of time to set the wheels in motion to prosecute the perpetrators, but all it has done is make empty promises."

The report is a follow-up to a 2008 report, "Waiting for Justice: Unpunished Crimes from Nepal's Armed Conflict," providing updates to the 62 cases of killings, disappearances, and torture between 2002 and 2006 that were documented in the first report. Most of the abuses in the report were carried out by security forces, but a couple involve Maoist rebels.

The families of those killed and disappeared have filed detailed complaints with the police seeking criminal investigations, but so far the Nepali justice system has failed miserably to respond to those complaints, Human Rights Watch and Advocacy Forum said.

In 10 of the 62 cases, the police have still refused to register the criminal complaints, sometimes in the face of a court order to do so. In 24 cases where the complaints were registered, there is no sign that investigations are being conducted. In approximately 13 cases police appear to have tried to pursue investigations by writing to relevant agencies to seek their cooperation to interview the alleged perpetrators. The army, Armed Force Police, and Maoists have refused to cooperate.

To date, not a single perpetrator has been brought to justice for grave human rights violations before a civilian court. Political parties have put pressure on the police not to investigate certain cases in order to protect their members. Police, prosecutors, and courts have devised multiple strategies to obstruct and delay justice, while institutions long opposed to accountability - most notably the Nepal Army - have dug in their heels and steadfastly refused to cooperate with ongoing police investigations.

"For too long, families of victims have had to fight for truth and justice, despite these repeated delays and obstacles," said Mandira Sharma, executive director of Advocacy Forum. "It's been a year since our last report, but police still refuse to follow court orders to file complaints."

The government has also failed to reform laws that impede effective criminal investigations into past violations, and there has been little progress in setting up the transitional justice mechanisms promised in the peace agreement, such as a commission of inquiry into disappearances and a truth and reconciliation commission.

In the report, Human Rights Watch and Advocacy Forum call on the government of Nepal to:

* Vigorously investigate and prosecute all persons responsible for abuses, including members of the security forces, in all 62 cases highlighted in this report, as well as other cases of human rights violations;
* Set up a special unit of senior police investigators, under the oversight of the Attorney General's Office to investigate cases against the Nepal Army and create an independent oversight body for the Nepal Police;
* Establish a truth and reconciliation commission and a commission of inquiry into disappearances in line with international standards that would preclude granting amnesty for serious human rights abuses.

The report also calls on influential international actors to promote reform of security forces, including the establishment of effective oversight and accountability mechanisms for the security forces and vetting procedures.

"The government should support the police to carry out these investigations and restore people's trust in the rule of law and state institutions," Adams said. "Donors should support security reform. If the political will is there nationally and internationally, then we can achieve justice."

Selected accounts from the report

"There is no justice in Nepal, no rule of law and no government but I want to see a Nepal where even the senior-most government officials cannot escape justice. The security officials must be punished; they are not employed to kill citizens. All those responsible for human rights violations must be brought to justice."

- Dhoj Dhami, uncle of Jaya Lal Dhami, killed by security forces in Kanchanpur District in February 2005

"When I filed a First Information Report with the police, I had hoped that my family would get justice; the accused would be punished and my family would receive compensation for the living and education of my children. Although it has been years since I started struggling for justice, nothing has happened yet. I have visited the police station many times but there has been no progress in investigation. I don't have much hope because I think the government is reluctant to provide justice."

- Bhumi Sara Thapa, mother of Dal Bahadur Thapa and Parbati Thapa, who were killed by security forces in Bardiya District in September 2002

"I once met Prachanda, [the chairman of Unified Communist Party of Nepal (Maoist)]. He promised that he would uncover the truth about my husband and then inform me, but I have received no information yet although I have tried to meet him again several times."

- Purnimaya Lama, wife of Arjun Lama, abducted by Maoists in April 2005

"Even after the Supreme Court's order of February 3, 2009, the District Police Office, Dhanusha has not registered the FIR according to law. Although I have visited the DPO at least on three different occasions and met the deputy superintendent and the superintendent of police there, there has not been any progress in the investigation of the case. I don't think the police are willing to work in accordance with the law."

-Jay Kishor Labh, father of Sanjeev Kumar Karna, who disappeared after being arrested by the police in October 2003

"There are many cases of human rights violations filed before the police. As the people implicated are often high-ranking officials, it is difficult to investigate the cases because of their influential positions."

-Sub-inspector of police in Pokhara, Kaski District, wishing to remain anonymous

Migrant workers face abuse in SKorea: Amnesty

2009-10-22T12:58:00.001+08:00

By AP - SEOUL — Many migrant workers in South Korea are abused, trafficked for sexual exploitation or denied wages despite the introduction of rules for their protection, Amnesty International said Wednesday.

South Korea became one of the first Asian countries to recognise the rights of migrant workers when it implemented the Employment Permit System (EPS) in August 2004.

"Now, five years into the EPS work scheme, migrant workers in South Korea continue to be at risk of human rights abuses and many of the exploitative practices.... still persist," the rights group said in a report.

Norma Kang Muico, Amnesty's East Asia researcher, said the EPS was a good starting point.

"What is lacking is the implementation," she told a news conference. "There is not enough monitoring on workplaces... when abuses do take place, nothing is done to rectify them."

Migrant workers still incur large debts to pay exorbitant fees to brokers but find on arrival that jobs are different from what was promised back home, the report said.

They are barred from changing jobs without their employer's permission.

Amnesty said migrants often have to operate heavy machinery or work with dangerous chemicals with little or no training or protective equipment, and suffer a disproportionate number of industrial accidents.

"Interviews that we had with migrant workers (showed) that they all had some form of industrial accident" ranging from minor to quite severe, Muico said.

Women migrant workers are particularly at risk, the report said. "Many are sexually assaulted or harassed by the management or their co-workers."

At some entertainment venues including establishments in US military camp towns, women with entertainment visas were expected and at times forced to have sex with customers.

In one case, a 39-year-old Philippine woman identified only as JA was told by her promoter in the Philippines that she would be working as a singer.

"All I did was talk to customers -- American soldiers -- and get them to buy me drinks. I was forced to fill a drinks quota. That was my job. Upstairs, there were rooms with beds where customers could have sex with the bar girls," she was quoted as saying.

"The club owner tried to force me to have sex with the customers by threatening to send me back to the Philippines but I refused and told him that I would rather go back home," JA was quoted as saying.

The report said South Korea had about 680,000 low-skilled migrant workers in September 2008, mostly employed in manufacturing, construction, agriculture and other industries.

Most were Vietnamese, Filipinos, Thais or ethnic Koreans from China.

Of the total an estimated 220,000 were irregular workers and authorities had launched a "massive and sometimes violent" crackdown to try to halve this number by 2012.

Amnesty urged the government to carry out rigorous inspections to ensure migrants' rights are observed, to protect female migrant workers and to stamp out sexual exploitation and harassment.

It called on the government to allow irregulars to remain while seeking compensation for abuses by employers, and to ensure that immigration authorities obey the law when cracking down on illegals.

Stop the Repatriation of the Sri Lankan Refugees Now!

2009-10-20T14:27:00.002+08:00

Urgent Appeal: 20 October 2009: Stop the Repatriation of the Sri Lankan Refugees Now!

SUARAM has received disturbing information that personnel from the Sri Lankan Embassy were at Pekan Nenas Immigration Detention Centre in Johor today. Four representatives from the Sri Lankan Embassy, including the Deputy High Commissioner, arrived at the detention centre at around 11.30am and they were forcing a group of Sri Lankan refugees to sign agreements for repatriation. The refugees refused to sign the agreements and the embassy personnel assaulted them by beating and kicking them to force them to sign the agreement.

The group being tortured by the Sri Lankan embassy personnel is part of a larger group of 108 Sri Lankan UNHCR recognised refugees detained at Pekan Nenas Immigration Detention Centre. Out of the 108 people, there are 10 women and 10 children. One of the women is in her 8th month of pregnancy.

One of the Sri Lankan women has been on a hunger strike since 13 October to protest her detention as a UNHCR cardholder. Today, another 9 women and 5 men will join her in the hunger strike.

The 108 refugees are part of 122 Sri Lankans who were arrested on 8 September 2009 at a hotel in Johor. The 108 refugees were sent to Pekan Nenas Immigration Detention Centre while the remaining 14 asylum seekers who did not have UNHCR cards were sent to Simpang Renggam Detention Centre. SUARAM has been told that the 122 Sri Lankans were initially living in Kuala Lumpur. They were approached by agents who promised them jobs in Johor Bahru in exchange for a fee.

In addition, SUARAM was informed that the Immigration Department denied SUHAKAM access into SUARAM. SUHAKAM was there to investigate into a complaint regarding the detention of 207 Sri Lankan asylum seekers and UNHCR recognised refugees.

SUARAM highly condemns the Sri Lankan Embassy for assaulting the refugees and forcing them to sign agreements for repatriation.

We also condemn the Malaysian Government for being an accomplice in the human rights violation by allowing the Sri Lankan Embassy to have access to UNHCR recognised refugees in the detention centre.

We demand that the Malaysian Government fully respects the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms.

We demand that the 108 Sri Lankan refugees and all other UNHCR recognised refugees are released into UNHCR’s official care immediately. We also call upon the Malaysian Government to ensure that that all law enforcement agencies (in particular RELA, Police and Immigration) respect UNHCR documents and refrain from arresting holders of these documents.

Finally, we call upon the Immigration Department to allow SUHAKAM and UNHCR free and full access to immigration detention centres.

Released by,

Temme Lee

Coordinator

Urgent action needed:

Please write protest letters to the government and the police to express your strongest condemnation of the mistreatment of refugees. Please also demand the Malaysian Government to stop the repatriation of Sri Lankan refugees.

Please call and send your protest letters to:

Pekan Nanas Immigration Detention Depot

Pekan Nanas,

81500 Pontian, Johor

Tel : +607-6993577

Faks : +607-6993588

Dato' Abdul Rahman bin Othman

Director-General of Immigration Department,

Director-General’s Office,
Immigration Department of Malaysia Headquarters,

Level 7 (Podium),
No 15, Persiaran Perdana, Presint 2,
62550 Putrajaya,

Malaysia
Tel: +603-88801005

Fax: +603-88801201

E-Mail: kpi@imi.gov.my

Dato' Sri Mohd Najib bin Tun Abdul Razak
Prime Minister of Malaysia,
Prime Minister's Office,
Main Block, Perdana Putra Building ,
Federal Government Administrative Centre,
62502 Putrajaya , MALAYSIA
Tel : 603-8888 8000
Fax : 603-8888 3444
E-Mail: ppm@pmo.gov.my

SAMPLE LETTER

[Letterhead of your organisation]

Dato' Abdul Rahman bin Othman

Director-General of Immigration Department,

Director-General’s Office,
Immigration Department of Malaysia Headquarters,

Level 7 (Podium),
No 15, Persiaran Perdana, Presint 2,
62550 Putrajaya,

Malaysia
Tel: +603-88801005

Fax: +603-88801201

E-Mail: kpi@imi.gov.my

Dear Sir,

RE: Stop the Repatriation of the Sri Lankan Refugees Now

We are writing to you to express our outrage and our strongest condemnation over your government's treatment of Sri Lankan refugees in Malaysia.

We are appalled by your government and the Immigration Department’s latest action to allow the Sri Lankan Embassy to access Sri Lankan refugees that are detained at your detention centres. This is an outright violation of the right to seek asylum as enshrined under Article 14 of the Universal Declaration of Human Rights. This is also an outright violation of the international customary law of non-refoulement, which prohibits the return of people to places where they may face persecution or threats to their life or freedoms

We demand that the 108 Sri Lankan refugees detained at Pekan Nanas Immigration Detention Centre are released immediately into the custody of UNHCR. We demand that UNHCR is given immediate and free access to register the remaining 14 asylum seekers detained at Simpang Renggam.

We demand that the Malaysian Government take measures protect the rights of refugees and asylum seekers who are currently in Malaysia and fully respect the principle of non-refoulement, as recommended by the Committee on the Elimination of Discrimination Against Women (CEDAW) and the Committee on the Rights of the Child (CRC), two UN Conventions of which Malaysia is party to.

We strongly urge you, once again, to stop bringing shame to Malaysia and to ratify 1951 Convention Relating to the Status of Refugees and the 1967 Protocol.

Yours sincerely,

[Name]

Indonesia bans maids recruitment to Kuwait

2009-10-19T15:29:00.000+08:00

Published Date: October 15, 2009
By Ben Garcia, Staff writer
http://www.kuwaittimes.net/read_news.php?newsid=NzAyNzQ0NjU3

UWAIT: The Indonesian Labor Ministry has temporarily suspended deployment of Indonesian housemaids to Kuwait. The decision was implemented in Jakarta by the Indonesian Ministry of Labor at least until the issues of some 600 runaway housemaids are resolved.

We are sad to issue this decision, but it is for the greater benefit of our workers," said Indonesian Ambassador to Kuwait and Bahrain, Faisal Ismail, as he spoke with the Kuwait Times yesterday about the new development. "The Ministry of Labor in Jakarta implemented the order in mid-September. We currently have around 600 runaway housemaids at our embassy. They have issues that need to be resolved, and although the government of Kuwait has been very helpful, until their concerns are resolved we have to temporarily suspend deployment," said ambassador Ismail. "We shall enforce the order and we'll do our best to help our compatriots resolve their cases in Kuwait.

Ismail said more improvements when it comes to their worker's welfare in Kuwait were needed in order to scrap the new suspension order. "If Kuwait shows more improvements in how they can protect our workers and resolve our domestic laborers' issues, then we shall deploy workers once more. It has something to do with the improvement in treatment and conditions with regards to our workers. Yes, the issues here are many, but they are helping us. Meanwhile, the moratorium will continue until a new order comes
from our Ministry of Labor," he reiterated.

Meanwhile, Ambassador Ismail mentioned the complete termination of their previous cooperation with the Kuwait Union for Domestic Labor Offices (KUDLO) since their problems could not be settled by KUDLO alone. Months ago, KUDLO was accused by several local recruitment agencies of monopolizing the Indonesian domestic labor market. They promised that issues of Indonesian housemaids could be settled under their scheme, but they failed. KUDLO represents about 13 recruitment agencies against more than 400 other
agencies not associated or connected with KUDLO.

We already cut the cooperation agreement with KUDLO with regards to exclusive recruitment of our workers. As you know, there have been numerous oppositions to that scheme, and besides, they cannot resolve housemaid's cases alone," he said. There are around 80,000 Indonesians in Kuwait, of which 60,000 are engaged in domestic labor.

Govt demanded to ratify UN convention

2009-10-19T11:30:00.002+08:00

Written and published by The Jakarta Post, Fri, 10/16/2009 2:36 PM and can be found at http://www.thejakartapost.com/news/2009/10/16/govt-demanded-ratify-un-convention.html

The National Commission for Women has urged the government to ratify the 1990 UN Convention on female migrant worker protection to look after millions of Indonesian female migrant workers.

The organization's commissioner, Sri Wiyanti Eddyono, said recently the government signed the UN convention but was yet to approve it - even though the country had migrant workers in numerous countries since the 1980s.

Sri said the government issued a law on the protection of workers abroad. She said it regulated most labor-supplying companies, and prevented labor smuggling and illegal migrants.

According to Sri, if the UN convention was ratified it could be a legal base for female migrant workers to settle disputes with employers, and demand their wage, work hours and leave rights were met.

The chairman of the National Agency for the Placement and Protection of Indonesian Migrant Workers, Jumhur Hidayat, admitted the government was yet to commit to protecting migrant workers, which the Constitution should guarantee.

"The convention has not seriously been considered by the government," he said. Jumhur also said he expected the next minister to propose the convention be ratified.

It was claimed the government had declined to ratify the UN convention since countries employing Indonesian workers had not yet authorized it.

Sri said Indonesia should not supply workers to countries that refused to ratify the convention.

He also said female Indonesian migrant workers consistently filed physical and sexual assault complaints they experienced in their workplaces abroad."Some employers also take their employees' passports. This means they cannot leave the country, even though they have been abused and exploited," she said.

Jumhur also said many female migrant workers who suffered from mistreatment were domestic workers. He added a great number of female migrant workers from Indonesia had suffered from abuse while some had died as a consequence. He said most domestic workers were regulated by the domestic workers law - not the labor law.

Indonesia has signed a bilateral agreement with Malaysia, Saudi Arabia and South Korea to prevent abuse in the workplace.

However, labor abuse is rife in countries that have not deployed regulation to protect employees' rights in the workplace.

MYANMAR: Burmese migrants struggle in Malaysia

2009-10-19T11:27:00.002+08:00

PENANG, 14 October 2009 (IRIN) - In the tourist city of Penang in northern Malaysia, the Buddhist temple has become the locus of social and economic support for migrants from Myanmar.

"l was a contractor at home, but left Burma [Myanmar] 19 years ago, arriving in Malaysia after crossing from Thailand," said Aung Tin, a foreman on the construction site of a new pagoda.

Penang is one of Malaysia's main economic and industrial centres, and the Burmese Buddhist temple provides social and religious support for the Burmese community.

At the construction site, all 14 staff supervised by Aung Tin - who would only talk to IRIN using a pseudonym - are Burmese migrants.

"I left as soon as I could after the 1990 elections," said Aung Tin. "The economic situation in the country was bad for years before then, and I had not been able to generate enough work. When I saw that the army was going to keep things the same, it became clear that I could not make a living,"

In 1990, Aung San Suu Kyi's National League for Democracy (NLD) won the last election held in Myanmar, but the military rulers overturned the result, and have run the country since.

Aung Tin left behind a wife and two sons, whom he has not seen since. His boys are now grown up, and like their father, want to leave their home country.

When Cyclone Nargis devastated Myanmar in 2008, his family's home was one of more than three million destroyed. "All my money was sent home to help repair my house," he said.

Employment magnet

Myanmar is one of the most impoverished countries in the region, and ranks 138 out of 182 countries surveyed in the UN Development Programme's (UNDP) 2009 Human Development Report.

Limited employment prospects encourage many to look for opportunities in neighbouring countries. Thailand is the main destination for Burmese workers, but Malaysia is also favoured, along with Bangladesh and India, according to a 2008 UN report on migration in East and Southeast Asia.

Accurate figures of how many Burmese are leaving Myanmar are difficult to obtain because much of the movement is irregular, say civil society groups.

Malaysia is heavily dependent on foreign labour for its construction and plantation industries, and is a magnet for migrant workers in the region. According to government statistics, there were 92,020 registered Burmese workers in 2006, comprising 5 percent of the total registered workers.

Rights groups, however, say there are also thousands of unregistered Burmese in the country; the Kuala Lumpur-based Burma Workers' Rights Protection Committee estimates there are about 500,000 registered and unregistered migrants from Myanmar in Malaysia.

And as of May 2009, the UN Refugee Agency (UNHCR) said it had registered 50,000 people of concern from Myanmar, including refugees and asylum-seekers.

Under threat

Aung Tin's story is similar to those of many migrant workers in Malaysia. He had a work permit originally but has veered back and forth between legal and illegal status since.

Many Burmese find work at construction sites, factories and food outlets, according to Malaysian rights groups. If they were recruited or brought in to work at factories, they are often provided with accommodation. But while some employers provide proper living facilities, others force their workers to live in overcrowded and cramped conditions.

Rights groups say many Burmese migrants as well as refugees do not carry legal documents, and face arrest, detention and deportation by the Malaysian authorities.

Deportees, both migrant workers and refugees, are then vulnerable to human traffickers at the Malaysia-Thailand border, who demand huge sums of money to help them get back into Malaysia, they say.

"Another problem that the Burmese face is extortion from the police," said Temme Lee, refugee coordinator for Malaysian rights group Suaram.

"Due to their lack of proper documentation, Burmese are often stopped by police. The police threaten to arrest them and demand money from them," she told IRIN.

Despite his perilous and often haphazard situation, Aung Tin is one of the better-off migrants. He earns 50 Malaysian ringgit (US$14.80) per day as foreman at the construction project.

"The monks look after us here, and try to give us work," he said.

CARAM Asia Reaffirms its membership of the Asia Pacific Refugee Rights Network

2009-10-15T11:45:00.002+08:00

As a network committed to advocating for the rights of mobile populations, last year CARAM Asia was invited to attend the first Asia Pacific Consultation on Refugee Rights arranged by Forum Asia in order to increase the capacity and advocacy tools of local refugee groups. Following this consultation, participants agreed to form a loose regional network was formed known as the Asia Pacific Refugee Rights Network (APRRN) to share information concerning ongoing issues.

Last week, CARAM Asia attended the second annual meeting of APRRN members which was held in Bangkok. This year’s meeting sought to build on the existing relationships formed last year, while simultaneously strengthening both the solidarity and communication within the membership. It is extremely positive to note that over the past year, the membership has increased by at least a 25%.

It is a testament to the members and the hard work of the steering committee, that the United Nations High Commission for Refugees (UNHCR) increased their own participation in this event. The UNHCR, led by the South East Asia Regional Coordinator Raymond Hall, agreed with the civil society delegation that there was a need to increase the lines of advocacy and communication of the two parties in order to best advocate for refugee rights in the area. Further means of lobbying states to adopt the 1951 Refugee Convention was also discussed as well as other issues that related to the mutual beneficial capacity of the two parties.

CARAM Asia used the opportunity to highlight the cross cutting issues facing both refugees and migrants including the right to health issues. Moreover the network was able to place a regional perspective on the treatment of mobile populations as well as to expand on our existing contacts within the field. Over the four days, wider issues were raised including the treatment in detention centres as well as the increased vulnerability faced by women and girls. As a member of this network CARAM Asia has continued its participation in both the Right to Health Working Group (RTHWG) as well as being a member of the geographical South East Asia team.

CARAM Asia will continue to work as a proud member of this new network in order to advocate for the rights of mobile populations especially those that relate to health and gender.

2nd Asia Pacific Consultation on Refugee Rights A Success

2009-10-14T14:49:00.001+08:00

By Kitty McKinsey, In Bangkok, Thailand - UNHCR News Stories

BANGKOK, Thailand, October 12 2009 (UNHCR) – With more refugees on the move but few Asian countries giving them a warm welcome, representatives of civil society and non-governmental organizations from 19 Asian and Pacific countries have met in Thailand to strategize on how to press for greater refugee rights.

The second meeting of the UNHCR-backed Asia Pacific Refugee Rights Network (APRRN), which wrapped up last Saturday, brought together more than 100 individuals representing advocacy groups from a broad region where protection of refugees often depends on political discretion rather than written laws.

"Much of Asia is a vacuum in terms of asylum law and institutions," Raymond Hall, UNHCR's regional representative and regional coordinator for Southeast Asia, told the opening session. "Our strategy should be to encourage governments to change this and to take a greater degree of ownership over refugee protection.

"With large-scale irregular migration and increasing numbers of people seeking asylum, the day may come when governments close down the fragile protection space that does exist," he warned.

Groups within the APRRN campaign for an end to detention of refugees – a major problem in many Asian countries – and try to improve refugees' access to basic services, such as health care. They also fight to ensure refugees' access to legal aid, and look out for the rights of girls and women.

Eileen Pittaway, director of the Centre for Refugee Research in Australia, advised refugee advocates to be cautious in how they represent refugees: "We can assist them in making their voices heard, not speak for them."

Tom Vargas, UNHCR's Bangkok-based senior regional protection officer, said he was pleased with the growth of the network since its establishment a year ago in the Malaysian capital, Kuala Lumpur. "We are very enthusiastic about working with them," he stressed. "They can add new impetus to advocacy for asylum-seekers at the national and regional level."

Vargas said the big change "is that NGOs have usually focused on the rights of their own nationals, but now they are fighting more for the rights of non-nationals, for refugees."

In a dialogue with UNHCR, representatives of the NGOs and civil society groups expressed concern that many refugees in Asia have trouble getting identity cards and are subject to arbitrary arrest and detention.

"We are functioning in a region," Hall agreed, "where asylum-seekers and refugees have little legal protection, and where an asylum-seeker is almost by definition an illegal immigrant in the eyes of the law."

OFW welfare group vs compulsory insurance

2009-10-14T12:00:00.001+08:00

By Veronica Uy, (INQUIRER.net) 10/13/2009
Found at http://globalnation.inquirer.net/news/breakingnews/view/20091013-229848/OFW-welfare-group-vs-compulsory-insurance

MANILA, Philippines — The Center for Migrant Advocacy, which looks after the welfare of and policy issues concerning overseas Filipino workers, on Tuesday opposed the proposed law requiring compulsory insurance coverage for OFWs.

Members of the bicameral conference committee to amend Republic Act 8042 or the Migrant Workers Rights could not agree on this either.

CMA executive director Ellene Sana said that while the intention to cover all OFWs is good, it is bound to follow the fate of the $25 membership fee for Overseas Workers Welfare Administration (OWWA).

The fee is supposed to be paid by the employer, but is usually paid by the OFWs themselves.

Sana said the government—not private insurance companies, recruiters, or OFWs—should provide OFW protection.

She said the present voluntary insurance coverage should stay. The proposal “opens up another multi-million dollar insurance business at $75 per OFW. Madaming kikita ditto (Many will earn from this),” she said.

The proposed bill being discussed in the bicameral conference committee provides that in addition to performance bond by recruiter, each worker shall be covered by compulsory insurance policy at no cost to worker; $15,000 survivor’s benefit for accidental death; $10,000 for natural death; $7,500 for permanent total disability; repatriation cost in case of job termination or death; $100 a month in subsistence allowance benefit for six months for migrant worker involved in a case or litigation for protection of his or her rights in receiving country.

The bill also provides that claims resulting from employer’s liability to worker shall have an insurance coverage amounting to three months for every year of service.

In case of workers recruited through government-to-government mechanisms, the Philippine Overseas Employment
Administration shall provide a guarantee fund for monetary claims out of breach of contract.

Rehires and direct hires may get insurance coverage from employers or pay these themselves.

Hundreds protest plans to deport migrant workers, kids

2009-10-14T11:55:00.002+08:00

By Dana Weiler-Pollak (Haaretz)found at http://www.haaretz.com/hasen/spages/1120969.html

Hundreds of people turned out yesterday in Jerusalem and Tel Aviv to protest the cabinet's decision to deport 1,200 children of foreign workers and their parents next summer.

Yesterday morning social welfare organizations held a vigil in front of the Knesset as the legislators inside discussed the deportations. Another vigil was held at the same time across from the Interior Ministry building in Tel Aviv.

In the afternoon, several hundred demonstrators, marched along Ben Zion Boulevard in the center of Tel Aviv. Protesters called on cabinet ministers to "do what is moral, true and right" and grant the children legal status.

"As long as deportation is on the agenda, no matter the date, we'll keep on working," said Rotem Ilan of the Israeli Children organization, which organized the protests. "Those kids can't be living on hold, in permanent anxiety. Until the day arrives on which those 1,200 children, who are 100-percent Israelis, get a legal status, we won't stop."

Deeply engaged in the struggle is Noa Maiman, whose father is business tycoon Yossi Maiman. "Our connection to this is personal: It began when my grandmother, who is 95 and a Holocaust survivor, made us promise that we would take care of her "granddaughter" Pirita - her Peruvian caretaker's little girl," Maiman said.

"My grandmother is terrified about it and we all feared for our friends when the Oz deportation unit took to the streets," Maiman said, referring to the Oz task force created by the National Immigration Authority to locate and detain foreigners working in Israel without valid work permits.

"As the August deportation deadline drew near we prepared about 75 hiding places for children," Maiman continued. "I felt personally responsible. My grandmother was saved from the Holocaust by a Polish woman who hid her for two and a half years. I'm not making a comparison here, but there's this ongoing womanly grace happening here, and perhaps my grandmother is also trying, in her way, to pay the world back in kindness."

MKs and ministers yesterday also voiced their opposition to the plan. Education Minister Gideon Saar (Likud), said that "the interim decision of the prime minister must be extended until the of the year, and in the meantime a general policy must be fleshed out to avoid such situations in the future."

Saar's predecessor, MK Yuli Tamir (Labor), invited the leaders of the protesting organizations to the Knesset, and requested time for the issue at the session. "The cabinet's decision to leave those children just hanging in mid-air appears to me to be cruel and unseemly," she said. MK Haim Oron (Meretz) said the "brutal and shameful decision to deport children" shows that Interior Minister Eli Yishai of Shas and his colleagues "have forgotten what it is to be Jewish."

The Minister of Sports and Culture, Limor Livnat (Likud), said that if the decision to deport the children goes forward, she would formally protest it in the cabinet. "It's inconceivable that those kids, who know no other country but Israel, will spend their days terrified, horrified and hiding from immigration police," she said.

Channels for internal/international migrants must remain open for South Asians

2009-10-13T13:38:00.002+08:00

http://www.asiantribune.com/news/2009/10/12/channels-internalinternational-migrants-must-remain-open-south-asians

By Manjari Peiris
Colombo, 13 October, (Asiantribune.com):

The UNDP Resident Representative in Sri Lanka, Neil Buhne, stressed the need to mainstream migration into the development strategy of any country, especially those countries where migration plays a large part in the economy, such as Sri Lanka, at the launching ceremony of 2009 Human Development Report (HDR) in Colombo, on 12th October 2009.

Buhne added that addressing mobility issues would accelerate progress of human development at individual, community, national and global levels. He further outlined the core package of policy reform described in the Report. “The reforms stress rights for migrants, ensure benefits for migrants and destination communities alike, making it easier for people to move.”

The Secretary to the Ministry of Foreign Employment Promotion and Welfare, S. Sirisena, while delivering the keynote address at the Report launch, provided an overview of the development of labour migration in Sri Lanka. “The Government of Sri Lanka is taking forward the National Labour Migration Policy and has placed a particular emphasis on increasing the migration of skilled workers and reducing the outflow of skilled workers, including women workers who are employed as housemaids.”

According to the HDR launched, migration within and across borders brings many benefits to South Asia, yet opportunities are often lost due to barriers and constraints to movement.

The Report shows that migration can have a significant impact on reducing poverty in a country. This identification is especially true for internal migration, since it is much easier for people from poor families to move within borders than across them. Internal migration far exceeds the number of people who have moved across country borders. There are problems as well; rapid urban growth often associated with internal migration can pose major challenges.

A review of urbanization experiences in South Asia commissioned for the Report finds that a number of governments continue to pursue policies aimed at slowing down internal migration.

Instead of viewing internal migration as a problem, the Report encourages South Asian countries to view it as a possible solution to development needs that can be managed. Many countries including Sri Lanka are linking migration policies to their strategies for reducing poverty.

Many migrant workers especially in Asia rely on commercial agents to organize job offers and make other arrangements such as housing. Overcoming Barriers in the Report, believes that the high fees which middlemen demand can be a problem, especially for low-skilled workers. The Report urges South Asian countries to consider ways to reduce these costs and combat corruption to ensure greater gains from movement.

The gains of migrants are often shared with their families and communities at home. In many instances, it is in the form of cash remittances. Remittances are very significant for several nations in the region, most notably in Nepal, Bangladesh and Sri Lanka where they constitute about 16%, 10% and 8% of the GDP, respectively. In 2007, US$ 2527 million in remittances were sent to Sri Lanka. The average remittances per person were US$ 131 compared with the average for South Asia of US$ 33. The families of migrants may benefit in other ways too.

These ‘social remittances’, as they are called, include reductions in fertility, higher school enrolment rates and the empowerment of women.

The latest Human Development Index (IHDI) is released as part of the 2009 Human Development Report which is an indicator of people’s well-being, combining measures of life expectancy, literacy, school enrolment and GDP per capita. The HDI of this year for Sri Lanka is 0.759 and it is ranked in the 102nd place out of 182 countries. Between 1980 and 2007 Sri Lanka’s HDI rose by 0.58% annually from 0.649 to 0.759 today. Sri Lanka is in 59th and 66th place respectively in terms of life expectancy at birth and adult literacy rate.

The event concluded with a panel discussion by experts on migration representing the Government, academia and the UN system. The panelists were Dr. Saman Kelegama of the Institute of Policy Studies of Sri Lanka, Dr. Fredrick Abeyratne of the UNDP, K.O.D.D. Fernando of the Bureau of Foreign Employment, Shantha Kulasekera of Migration Management, Gerald Lodwick of the National Workers Congress, Shyama Salgado of the Youth Employment and Gender Focal Point and Professor Indralal de Silva, Dean of the Faculty of Arts, Colombo University.

A range of issues including migrant rights, national policies dealing with migration and contribution of migration towards achieving the Millennium Development Goals were discussed.

- Asian Tribune -

Migrant Workers Pay High Price to Work Abroad

2009-10-12T11:42:00.002+08:00

Published by The Jakarta Post Monday, (October 12th, 2009)

Indonesian migrant workers have to pay agencies a year's salary to find employment in Taiwan, and about six months' salary to move to Malaysia or Singapore, states the 2009 Human Development Report launched on Monday.

Asian migrants moving to the Gulf often pay 25 to 30 percent of what they expect to earn over two to three years in recruitment and other type of fees, the report's lead author, Jeni Klugman, said.

She added that under the agreements struck between the governments of Thailand, Cambodia and Laos, recruitment fees were equivalent to four or five months' salary, processing time averaged about four months, and 15 per cent of wages were withheld pending the migrant's return home.

"In contrast, smugglers reportedly charge the equivalent of one month's salary. Given these differences, it is not surprising that only 26 percent of migrant workers in Thailand were registered in 2006."

The report, commissioned by the United Nations Development Programme (UNDP), showed that both internal and international migration involved extensive official documentation, which could inhibit mobility or lead to illegal migration.

While there are large numbers of licensed recruitment agencies, 1,500 in the Philippines and close to 2,000 in India, many ignore the legal caps set on fees charged for their services.

"The difference between wages at home and expected wages abroad is perhaps the most important determinant of the price of recruitment agency services," the report said.

"People with less skills and who are poorer are more likely to move. But with the current economic downturn, there has been a decrease in demand for migrant workers," the report says, adding that unequal opportunities were a major driver of economic migration.

Indonesia has an emigration rate of 0.9 percent. The major continent of destination for migrants from Indonesia is Asia with 77.5 percent emigrants living there.

The US is host to nearly 40 million international migrants - more than any other country. However, as a share of total population, Qatar has the most migrants - with more than 4 in every 5 person being a migrant. Indonesia has 135,600 representing 0.1 percent of the total population.

Remittances are unequally distributed. Of the total US$370 billion remitted in 2007, more than half went to countries in the medium-human-development category, against less than 1 percent to low-development countries. In 2007, Indonesia received $6,174 million in remittances, with an average remittance of $27 per person, compared to $108 for the OECD.

IOM Calls for Greater Efforts to Combat Health Inequalities for Migrants

2009-09-29T17:15:00.002+08:00

Posted on Friday, 25-09-2009

Portugal - IOM is calling for more concerted efforts in the fight against health inequalities faced by migrants at a two-day European-wide consultation that concludes 25 September in Lisbon.

With migrants more vulnerable to poor health and with reduced access to health care in comparison to host populations in Europe despite investments made by governments in their health and social systems, national and European institutions alike will need to pay more specific attention to migrants' health requirements.

Not leaving migrants to fall between the cracks and ensuring they have equitable access to health and social services is important for overall public health safety. As a result, IOM advocates for a multi-disciplinary and multi-sectoral approach to avoid social exclusion and improve the health of all people including migrants.

The consultation - "Better Health for All" - which marks the second anniversary of a European conference on the same issue held under the Portuguese EU Presidency in 2007, has been organized by IOM and is hosted by the Office of the Portuguese High Commissioner for Health. It brings together more than 100 representatives from key organizations working on health issues in Europe, relevant ministries from EU and EU accession countries and neighbouring states with keynote speakers from the European Commission (EC), the European Centre for Disease Prevention and Control (ECDC), the Council of Europe and the World Health Organization (WHO).

The EU-Level Consultation is the culmination of an IOM-managed and EC co-funded project "Assisting Migrants and Communities" during which the Portuguese High Commissariat for Health and IOM have fostered cooperation and dialogue among multi-disciplinary actors. Beyond the Portuguese government, IOM has partnered in this initiative with leading European universities as well as the Spanish, Italian and Maltese governments to develop background papers on priority issues in migrant health as the basis for the consultation discussions.

Opened by IOM's Deputy Director-General, Laura Thompson, the consultation is expected to develop recommendations for translation into national and EU-level migration health policy and practice, as well as to identify areas where more data and research would be needed.

For further information on the EU-Level Consultation on Migration Health - "Better Health for All", please visit www.migrant-health-europe.org or contact:

Roumyana Benedict
E-mail: rpetrovabenedict@iom.int

or

Maria-Jose Peiro
IOM Brussels
E-mail: mpeiro@iom.int

UAE deports 1,500 HIV sufferers

2009-09-29T11:26:00.000+08:00

The UAE deported more than 1,500 people with HIV, hepatitis B and C and tuberculosis in 2008, a new report said on Thursday and criticised many countries around the world for failure to protect sick migrants.

Those criticised included the United States, Saudi Arabia, South Korea and South Africa and the report urged governments to commit to the goal of universal access to HIV treatment for all who need it by 2010.

"With 192 million people - or 3 percent of the world's population - living outside their place of birth, ensuring migrants' and deportees' access to HIV treatment is absolutely essential to meeting this goal,” said Titise Kode, who works for African HIV Policy Network, which formed part of the multi-agency group that authored the study.

Saudi Arabia, which has mandatory HIV testing, also came under fire with the report claiming people were detained "for up to a year without access to medication" and HIV-positive migrants were deported.

The report offered no comparative figures for those deported because of HIV or other diseases around the globe or on a year-on-year basis.

"Migrants living with HIV are often explicitly excluded from treatment," said Katherine Todrys, researcher with the Health and Human Rights Division at Human Rights Watch. "If they are detained, they are often denied access to antiretroviral drugs, and then if deported they can’t get care."

The report said national deportation procedures were often insufficient to protect those with HIV from being forced to return to countries where there was a risk of being tortured or subjected to "cruel, inhumane or degrading treatment".

This happens despite long established international human rights and refugee law prohibiting such deportations, the report added.

The report also criticised the United States for poor access to treatment it offered to people in detention centres, as well as the "harsh conditions" and "lack of access to medical treatment for some HIV-positive individuals who are deported".

The multi-agency report was prepared by Human Rights Watch, Deutsche AIDS-Hilfe, the European AIDS Treatment Group and the African HIV Policy Network.

The group called on governments to ensure access to treatment for those awaiting deportation. It also urged the re-examination of deporting those with HIV to countries where treatment and social support structures were inadequate.

"Migrants face enormous risks when they cross borders," said David Hans-Ulrich Haerry, of the European AIDS Treatment Group.

"But they shouldn't face a death sentence for living with HIV when we have effective treatment available and governments worldwide have pledged to provide universal access to antiretroviral medicine and have committed themselves to international treaties that guarantee migrants protection."

Source: http://business.maktoob.com/20090000376082/UAE_deports_1_500_HIV_sufferers/Article.htm

Human Rights Groups Call for Protection of HIV-Positive Migrants

2009-09-29T11:17:00.001+08:00

By Selah Hennessy (London) 24 September 2009

Human-rights groups have released a new report calling for governments to rethink deportation rules for people living with HIV and AIDS. In some countries migrants who suffer from HIV are automatically deported and in many countries across the globe no treatment is given to HIV-positive people in detention centers. A Human Rights Watch spokeswoman said the present policies amount to a death sentence for many migrants living with the virus.

Human-rights groups say governments and donors must make sure HIV-positive migrants have access to life-saving anti-retroviral therapy when detained and, if deported, that they have continued access to treatment.

Rebecca Schleifer from Human Rights Watch, a London-based group that worked on the report, spoke to VOA by phone. She says the treatment of HIV-positive migrants is a question of international law. "International law provides that states have the right to control their borders and decide who to admit or deport. But they need to make these decisions in compliance with international law, including international human-rights law and international refugee law, for example," she said.

She says many people suffering from HIV are being deported to countries where good HIV care is not ensured and this is, in effect, a death sentence. "In some cases people face deportation to countries where they face a possibility of inhumane treatment and in some cases torture should they be deported to that country. In some cases that is because the medical care is so inadequate that they will face death and there is no social support and in some cases there is also discrimination against people living with HIV," she said.

What is more, she says, there is no infrastructure to ensure that migrants suffering from HIV will receive continuous care. When treatment is not continuous, patients can easily build up an immunity to the drugs.

But Schleifer says the news is not all bad. She says some new cross-border migrant programs are emerging that focus on the need for continuous HIV treatment. "There have been hundreds of thousands of Zimbabwean refugees coming into South Africa over the past several years, many of whom have among other things serious health problems and some of whom have HIV. There have been discussions regionally among NGOs -and I am not sure how far this has gotten with particularly governments - about the importance of having a regional structure to address continuity of care for people who cross borders," she said.

The 27-page report was prepared by Human Rights Watch, Deutsche AIDS-Hilfe, the European AIDS Treatment Group, and the African HIV Policy network.

Researchers in Thailand say they have found a new vaccine which cuts the risk of HIV infection by a third. The breakthrough marks the first step towards protecting the world against the deadly virus.

Governments have committed themselves to the goal of universal access to HIV treatment by 2010.

SOURCE: http://www.voanews.com/english/2009-09-24-voa52.cfm

2nd clinical trial for China's HIV/AIDS vaccine

2009-09-29T11:15:00.001+08:00

BEIJING, Sept. 27 -- China has conducted its second phase of clinical trials of a vaccine for HIV/AIDS. This is the first time experts are assessing the safety and efficiency of the vaccine in high-risk groups.

More than 230 volunteers took part in this second phase in the Guangxi Zhuang Autonomous Region. Scientists are expected to decide, based on results, whether to go ahead with a third phase of trials.

If a third phase is carried out, it will evaluate the vaccine's effectiveness on a large number of people.

China started research on a vaccine for the AIDS virus in 1996.

(Source: CCTV.com)

Coming out positive: Three Filipinos Living with HIV Making a Difference in ICAAP9

2009-09-15T10:53:00.001+08:00

By Ana Santos, Contributor (Sunday, September 13, 2009)
http://www.manilatimes.net/national/2009/sept/13/yehey/weekend/20090913week1.html

On the surface, Edna, a housewife; Jerico, a former OFW; and Jocelyn, a former waitress in Angeles City, may not seem like they have anything in common.

However different they may seem, there is one distinct point where their lives intertwine-Edna, Jerico and Jocelyn are all living with HIV.

At the recently concluded International AIDS Conference (ICAAP9) in Bali, Indonesia, the 2nd largest AIDS Conference in the world, these three Filipinos came out to share their stories of living with HIV.

Together, the three gave not only a face to the epidemic, but a voice to the everyday realities of living with it.

Edna, housewife and mother Edna, is a 38-year-old housewife.

When she met her husband, Romy, he was a seafarer whose journeys to other lands fascinated her. They married after a few years of dating and Romy continued his job as a seafarer, deployed to various parts of the world for long periods at a time.

Edna says that, at first, it was difficult to have Romy away so much, but after they started having children, it became easier to bear. She busied herself with taking care of the children and being both mother and father to them while Romy was at sea.

While they weren't rich, Edna says that they lived a pretty decent life on Romy's salary.

But in 2004, this all changed.

In that year, Romy met an accident while he was onboard the ship. When he was trying to fix a hydraulic jack, one of the pipes came loose and hit him. Romy was left with a huge wound in his upper abdomen. He was declared unfit to work and sent home when his ship docked in Amsterdam.

Back in the Philippines, Romy was operated on and his blood was tested.

A few weeks later, an epidemiologist told him his blood tested positive for HIV.

The implication of such news was a lot for Edna to bear. Romy thinks that he may have gotten infected during an encounter in Brazil where he had unprotected sex.

But the infidelity soon became the easier burden to bear.

Romy could no longer return to work so Edna had to assume the role of sole breadwinner of the family. In 2007, Edna also tested positive for HIV.

At first, I didn't want to be tested. Romy is the only man I've ever had contact with so I figured that if he was positive, I was positive, too.

According to a UNAIDS study entitled, HIV Transmission in Intimate Partner Relationships in Asia, there are an estimated 1.7 million women in Asia who are living with HIV. The study estimates that 90 percent of these women were infected by their longtime boyfriends or husbands.

However, being a seafarer may have also increased Romy's vulnerability to the virus.

A recent study showed that seafarers are three times more susceptible to the HIV, as compared to the general population.

Being far away from home compounded by the loneliness of being at sea makes seafarers seek offshore recreation through unprotected sexual encounters. Some may maintain a casual relationship with a commercial sex worker in different ports who may in turn be having simultaneous relationships with other male clients. The incidence of multiple concurrent partnerships adds to the seafarers vulnerability to HIV.

Edna's testimony at a forum held by the International Organization on Migration (IOM) was the preface for the launching of a new IOM program whose specific objective is to reduce HIV incidence in the maritime sector.

The program called, Global Partnership on HIV and Mobile Workers in the Maritime Sector is the first global multisectoral partnership that involves employers of seafarers, trade union organizations and international labor groups.

The Philippines, which deploys around 350,000 seafarers and supplies 20 percent of all seafarers globally, has been chosen to be the pilot country for this program.

Other members of this global partnership include: International Committee on Seafarers Welfare, International Labour Organization, International Maritime Health Association, International Shipping Federation and Joint United Nations Programme on HIV/AIDS (UNAIDS).

Jerico, former OFW

Jerico was just about to live out his dream of working in a foreign country and celebrate his 30th birthday when he found out that he was HIV positive.

It was 2005 and Jerico had just moved to Dubai. He had gotten a job working in a food establishment and a HIV test was a prerequisite for an employment visa.

Even though I had a number of casual unprotected encounters with other men, I wasn't nervous about taking the test. I didn't think HIV was something that would happen to me. When they told me that I was positive, I thought it was the end of the world, recalls Jerico.

Being in a foreign country made matters worse for Jerico. Not only was he away from family and friends, he also had to contend with the HIV policy on migrant workers in a foreign country.

I was put in a quarantine area isolated from the rest of the hospital and then I was deported, he says.

While his dream of working abroad may have come to an end, Jerico found another way to make a difference. As an Area Coordinator of Pinoy Plus, a support group of people living with HIV/AIDS, he conducts pre-departure orientation seminars to OFWs.

Jerico is also a staunch advocate of policies that will protect the rights of migrant workers who are HIV positive. Drawing from his own experience, he has been invited to international conferences to give his personal testimony. Before ICAAP9, Jerico was in Switzerland speaking at a World Health Organization (WHO) forum about his experience.

Sharing my story has helped a lot in my healing. I used to think that I was dying and that there was no hope. I hope that I can be seen as proof that there is life after a positive diagnosis.

At ICAAP9, the Coordination of Action Research on AIDS and Mobility (CARAM Asia), a regional Malaysia-based NGO that investigates migration and health issues, called for the removal of mandatory HIV testing for migrant workers as a condition for entry, stay, or employment in their destination country.

According to CARAM's Asian Report on Mandatory Testing, standard practices such as securing explicit consent, provision of pre-test and post-test counseling, protection of confidentiality are often ignored due to various factors related to large-scale testing of migrants. Furthermore, CARAM called for a stop to the deportation of migrant workers who are HIV+ or have other treatable health conditions.

Jocelyn, former commercial sex worker

Jocelyn had just moved to Angeles City and was only 15 when a friend asked her is she wanted a job as a waitress.

I was very excited because I hadn't finished primary school and there was this opportunity to earn money and help my mother, she recalls.

Jocelyn paid a friend P100 for the use of her birth certificate that to show that she was 18 years old and started working as a waitress serving drinks to American servicemen.

After about a year, a friend introduced Jocelyn to a medicine that she insisted would make her feel good and forget all her problems. Jocelyn took it, not realizing that it was ecstasy.

Before taking ecstasy, Jocelyn says that she never went out with the customers. But once I started taking this medicine, I did not feel shy. I had no fear and felt that I was a strong woman who could take her of herself.

One month after taking ecstasy, Jocelyn lost her virginity.

She continued going out with customers after that. Jocelyn says that she started to earn a lot more money and for the first time in their life, she was eating three meals a day.

As part of the bars policy, Jocelyn underwent a smear test to check against STIs every week and an HIV anti-body test every six months.

In 1991, she got pregnant with her first son. She was only 17 years old. It was also the year when Mount Pinatubo erupted and all the American Air Force men moved out of Angeles City-including the father of Jocelyn's child.

Jocelyn decided to stop working to look after her son, but the difficulty of making ends meet as a single parent made her decide to go back to the bar in January 1994.

In March of that same year, she took an HIV anti body test even though she had had no partner for over a year. A couple of days later, she shared one night with a serviceman and became pregnant.

Jocelyn was told that she was HIV positive when she was pregnant with her second child.

I was terrified that my child would also be positive, but no one could give me any information. At the time, people had so many misconceptions about HIV. They wanted to burn people who had it, Jocelyn confesses.

Jocelyn says that she experienced discrimination and was treated as an outcast even by her own family when she told them that she had HIV. My brother wouldn't eat at the same table with me. He was afraid that he would get infected if he shared my glass or utensils.

She attributes the lack of understanding and information about HIV as the incendiary factor that nurses and provokes this discrimination.

My brother eventually made peace with me after he saw a woman living with HIV on TV.

In 2004, Jocelyn began working as a peer educator in a social hygiene clinic in Angeles City. Everyday she conducts seminars on STIs and HIV prevention for the new women from the provinces who come to Angeles City to work in the bars. The seminars are requirement for a work certificate.

On certain days, Jocelyn also provides counseling for women diagnosed with HIV.

Jocelyn is also part of Sister Plus, small group of HIV positive women in Angeles. Last year, they received funding and started a livelihood program. Every woman who is a member is entitled to receive P50,000; P20,000 for burial expenses that is really funny and P30,000 to start a small business, she explains.

Jocelyn used the money to put up a small sari-sari store in her house.

After much inner turmoil and guilt for possibly passing on the infection to her second son, in 2005, Jocelyn finally had him tested. She was relieved to find out that he was negative.

Now my life is some much better than before. It was a hard life, but I am happy because I feel like I have broken through a wall, says Jocelyn. I have no regrets.

Jocelyn's story, as told here, is featured in a book entitled Diamonds a compilation of 10 stories of women living with HIV in the Southeast Asia Region. The story of a 12-year-old girl from India is also included in the book.

Diamonds is published by the women's working groups of APN+ (Asia Pacific Network of People Living with HIV/AIDS) in collaboration with UNIFEM (United Nations Development Fund for Women).

The book also has a DVD version with the same title.

A book launch and a DVD screening were done for the first time at ICAAP9.

During the launch, writer/editor Susan Paxton said, Ten years ago, very few people would come out and say that they were HIV+. Most of the time, the ones who would speak about it were men. Diamonds is monumental because now, we not only have live testimonials with faces, but testimonials from these very brave women living with HIV.

Latest Press Stories

2009-09-14T12:19:00.003+08:00

The Invisible Refugee by Leonie Joubert's new book, Invaded: The Biological Invasion of South Africa, was launched last month
http://www.mg.co.za/article/2009-09-12-the-invisible-refugee

The term "refugee" isn't one governments want to talk about in the context of climate change: they may be asked to open their borders to people forced to flee because of rising sea levels or extreme weather.

Ed Miliband, the British secretary of state for energy and climate change, sidestepped the issue during a climate change briefing with South African editors in Johannesburg, saying: "The best thing we can do is prevent climate refugees happening.

"I really think the prospect of a world with hundreds of millions of climate refugees is pretty bad,'' he said. "It's important that we take the action that is necessary to prevent that happening, for the sake of the refugees more than anything."

But Miliband didn't say the United Kingdom would accept climate refugees: "I think that the issue points to the urgency of acting on the overall situation."

Well, yes. The International Organisation for Migration predicts that about 200-million people may be looking for somewhere new to live as climate change amplifies existing causes of migration, such as environmental stress and conflict over resources, by 2050.

Greenpeace puts forward a much bigger number: by the middle of this century, one in nine people will be forced to migrate because of climate change.

A small state such as the Maldives, with its 300 000 people living across a series of islands barely above sea level, is already expecting inundation by a 1m rise in sea level projected by the end of this century.

Rising sea levels would also flood vulnerable deltas, including the Nile (home to 10-million people), the Mekong (with more than 14-million people) and the Ganges (where nine million people will likely be affected).

Environmental change is expected to trigger large-scale migration in the Sahel, which faces a future of water shortages and drought.
Downstream of the Himalayan glaciers, about 1,4-billion people in Asia face hunger as runoff disappears along with the glaciers.

As much of the pollution driving climate change has come from the developed world, such countries may well be asked to take responsibility for these climate refugees.

But will they? Later this month signatories of the Kyoto Protocol meet in Thailand in the penultimate effort to streamline the lengthy text that states may sign into life in Denmark in December.

The Copenhagen talks should replace the Kyoto agreement. But there's debate about whether the term "refugee" will be in the next-generation agreement at all. Some prefer the phrase "environmental migrant" -- migrants don't require as much legal protection as refugees, it seems.

Monday, September 14th, 2009, 6:12 am Amman Time | Make this your homepage | Subscribe
There are now 84 days to Copenhagen. An enormous diplomatic challenge lies before us if we are to secure the ambitious, effective and equitable agreement that we need to avert runaway climate change that would have disastrous consequences for Europe and the world.
Around the world, and particularly in the poorest and most vulnerable countries, global warming already threatens to undermine development efforts in health, agriculture and infrastructure. Migration caused by lack of access to water and land is increasing social tension and undermining political stability and security.
Climate change has the potential to bring about substantial geopolitical change. It will increasingly affect the foreign policy decisions of all our countries. European foreign ministries must make a real contribution now to the drive to achieve a deal at Copenhagen. The European Union must show renewed leadership to help unlock the negotiations through its commitment to take ambitious mitigation action at home, and on financial and technological support to help developing countries move to a low carbon growth path.
After the meeting in Copenhagen on September 10, we agree on how to tackle this collective diplomatic challenge. We pledge the following:
- To press for a deal at Copenhagen of sufficient ambition to keep global warming to a maximum of 2 degrees.
- To work to promote an ambitious and equitable international offer in which Europe will take its fair share in financing mitigation, technology and adaptation efforts by developing countries.
- To engage personally to direct the full force of our diplomatic efforts and mobilise the resources of our collective diplomatic networks to persuade the key participants in this negotiation to come forward with ambitious commitments.
- To work to ensure that the challenges climate change poses to international stability and security gets a prominent position on the international agenda.
- To work to ensure that the EU continues to show leadership in the negotiations with a readiness to move from our current commitment of reducing carbon emissions by 20 per cent by 2020, to a commitment to reduce emissions by 30 per cent in the context of an ambitious deal and comparable efforts by the other partners.
Through a strong message on finance for mitigation, adaptation and technology we will contribute towards a deal that gets all countries onboard a new agreement to be reached in Copenhagen.
The Copenhagen conference cannot agree on a new international regime to fight climate change unless we find a political balance among all parties. We must create mutual confidence and trust that the only sustainable global growth path is for us to transform our economies to low carbon. We can make this the great defining cause for Europe in the 21st century.
David Miliband, secretary of state for foreign and commonwealth affairs, UK
Carl Bildt, minister for foreign affairs, Sweden
Per Stig Moller, minister for foreign Affairs, Denmark
Bernard Kouchner, minister of foreign and European affairs, France
Alexander Stubb, minister for foreign affairs, Finland
Miguel Ángel Moratinos, minister for foreign affairs, Spain

14 September 2009

The Jakarta Globe

Protecting climate change refugees
Sunday 13 September 2009 14.00 BST http://www.guardian.co.uk/commentisfree/2009/sep/13/climate-change-refugees-law
Communities hardest hit by climate change are also the poorest. Their right to compensation and protection needs to be made law

The phrase "environmental refugee" has been around since the 1970s, with the term "climate refugee" appearing more recently. Although the concept is simple to grasp, these terms have no meaning in international law.
The need to mitigate the effects of climate change has rightly held a high place on the international agenda, but it is only now that the reality of human suffering on a colossal scale, as a consequence of a changing climate, is being given the attention it deserves. I believe environmental security is a human right and, as climate change creates millions of environmental refugees, that this right must henceforth be enshrined in international law.
As early as 1990, the UN's Intergovernmental Panel on Climate Change (IPPC) suggested that the "gravest effects of climate change may be those on human migration." Similar predictions today suggest that 200 million people could be forced from their homes by 2050 due to environmental factors arising from climate change.

Crucially, it is evident that environmental stresses affect communities and regions least able to adapt to change, typically hitting the poorest people on our planet. At the same time, many of the regions and populations that will be most affected, such as Bangladesh or small island developing states such as the Maldives and Seychelles, also have some of the lowest per capita greenhouse gas emissions. Historically, they have been responsible for a tiny fraction of the warming gases released, compared with those released by western industrialised nations. For many in the west, the effects of a changing climate remain largely an abstract concept, yet among poorer nations the climate is already devastating the lives of millions.
Meanwhile, there is a complete absence of any formal, enforceable, legal multilateral mechanism designed to address the needs of these people and assist in creating some greater equality and proportionality between those causing climate change and those most affected.

The 1951 UN Convention Relating to the Status of Refugees was drafted in the immediate aftermath of the second world war; its focus on those who are forced from their country of origin through fear of persecution, "for reasons of race, religion, nationality, membership of a particular social group or political opinion". In today's world, the 1951 convention cannot meet the needs of climate refugees, as its narrow legal definitions will not apply to most of those affected by climate change. Also, the specific desire and best option for many will be to stay within their national boundaries if the financial and technical assistance to do so were forthcoming.

Just as the overarching threat of climate change is one of global responsibility, so is the fate of climate refugees. In this context, there is a clear and compelling imperative to create a new multilateral legal mechanism – and with it a new legal definition for climate refugees – that enshrines the right to life, food, health, water, housing and other essentials. This should apply to all those who are now affected and the millions more who will be affected by the changes in our climate created largely by a distant, and still largely unresponsive, wealthy west.

Every year, climate change leaves more than 300,000 people dead, 325 million people seriously affected, and economic losses of $125bn. If anyone should be in any doubt as to the comparative costs of propping up failing economies, and of protecting millions of people from climate change, the UN has estimated that annual global spending to mitigate the worst effects of climate change amounts to about $0.5bn. Compare that with the $150bn spent by the US federal government to bail out just one failing insurance company, or the top nine US banks which gave over $32bn in bonuses alone that same year.

The recent financial crisis has shown that both political will and financial muscle can be mobilised when the wealth and way of life for the developed world is threatened. Now, in the knowledge that not just the way of life, but the actual existence of many is threatened by climate change, we must mount a similarly forceful response and create a new legal framework for climate refugees alongside the essential action to curb our carbon emissions.

Latest Migrant Developments In The Media

2009-09-02T10:17:00.001+08:00

Foreign Employees Limited, Malaysia Is Suffering Through a Labor Shortage
By LIZ GOOCH (August 31, 2009)

http://www.nytimes.com/2009/09/01/business/economy/01labor.html

KUALA LUMPUR, Malaysia — It is lunchtime at the Wangsa Ukay restaurant in suburban Kuala Lumpur, and regulars are coming in for local favorites like roti canai, chicken curry and teh tarik, the sweet, milky drink that is ubiquitous across Malaysia.

The owner, Muneandy Nalepan, has time to stop and talk for now, but when peak times hit on weekends, he and his wife must pitch in to help clear tables.

He used to have a staff of 120 — almost all foreigners — working in his five restaurants across the city. But after the government made it more difficult for businesses to hire workers from abroad, he is down to 80 because he has been unable to replace the 40 employees who had to return home after the maximum work period of five years.

Unable to find Malaysians willing to work as cooks, waiters or dishwashers, he is awaiting approval to employ more foreigners. But if he cannot get more workers soon, he says, he might close one of his outlets. Mr. Muneandy, an 18-year veteran of the industry, is even considering other business ventures.

“To run a restaurant, it’s becoming impossible,” he said.

It is not just restaurant owners who are complaining. Many business owners, like furniture producers and rubber glove manufacturers, say a labor shortage is harming productivity.

In January, Malaysia sharply curtailed the hiring of new foreign workers in the manufacturing and service sectors after a government report predicted that 45,000 people could be laid off during the Lunar New Year at the end of that month, The New Straits Times reported.

“There is no valid reason to bring in foreign workers at this time,” Syed Hamid Albar, the home minister, told the paper.

The action was backed by labor groups. The Malaysian Trades Union Congress proposed a freeze on the recruitment of foreign workers last October.

“Because of the global economic downturn, we were worried about the impact on jobs for Malaysians as well as foreigners,” said Rajasekaran Govindasamy, the group’s secretary general. “We don’t want workers to be brought in and abandoned, because that then causes hardship.”

In 2008, there were an estimated 2.2 million foreigners — mostly from Indonesia, Bangladesh, Nepal, India, Myanmar and Vietnam — working legally in Malaysia, a nation of 28 million. Some reports suggested the country was home to an additional one million illegal workers. By March this year, the number of foreigners with work permits had fallen to 1.9 million, according to Shamsuddin Bardan, executive director of the Malaysian Federation of Employers.

“About 300,000 permits were not renewed, and people were sent back,” he said.

Malaysia recorded 31,392 layoffs from January through July, and the country’s unemployment rate rose to 4 percent in the first quarter of this year, the latest period for which figures are available. That was up from 3.1 percent in the fourth quarter of last year.

The average monthly wage in the manufacturing industry has risen to 650 to 700 ringgit ($183 to $197) in the last three months, up from 450 ringgit, the national news agency Bernama reported in August.

Mr. Rajasekaran said foreign workers often accepted lower wages than Malaysians. The country has no minimum wage. Typically, foreigners are brought in by a business offering a job, he said, or by an outsourcing company that promises them work.

Mr. Shamsuddin said that companies could still apply to recruit foreigners but that the process had become more difficult.

For example, he said that since April 1, employers have had to advertise vacancies locally for two months, up from one month, before they could apply to recruit foreigners. And employers must now pay an annual levy — as much as 1,800 ringgit — for any new foreigners they employ, he said. The fee used to be paid by workers. Mr. Shamsuddin said the government abandoned plans to double the levy after the federation complained.

Dominant Semiconductor, a light bulb manufacturer with factories in Malaysia and China, is struggling to fill about 1,000 vacancies. Its chairman, Goh Nan Kioh, said the company was allowed to employ one foreigner for every local worker, but could not find enough Malaysians to help increase its total work force. If the labor shortage continued, he said, the company might consider moving more of its labor-intensive operations to China.

Mohamed Ariff, executive director of the Malaysian Institute of Economic Research, said the country’s dependence on foreign labor was a result of a decision to “open the floodgates” to migrant workers in the late 1980s, first in the plantation sector, then in manufacturing.

Mr. Ariff said that in the early 1990s, when wages in the manufacturing sector were rising, factories had considered introducing labor-saving technology but that many had shelved those plans when the government let them employ more foreign workers.

“The technology transfer suffered enormously,” he said. “Malaysia was trapped into an unskilled, labor-intensive economy.”

Figures released by the government last week showed that the economy had emerged from recession in the second quarter. Mr. Rajasekaran, the labor leader, said that although job losses were easing, the unions thought the freeze on foreign workers should continue. If there is a need for more workers in the coming months, he said, companies should be able to extend the visas of foreign workers already in the country.

Asia Pacific Countries To Discuss Migrant Labour Issues

http://www.bernama.com/bernama/v5/newsgeneral.php?id=437025

PETALING JAYA, Aug 31 (Bernama) -- Organising migrant workers in Asia Pacific countries and forming a global network will be among the important issues to be discussed at an international workshop organised by the International Trade Union Confederation (ITUC) beginning here on Wednesday.

The workshop, to be attended by more than 30 trade union leaders from 17 Asia Pacific countries, will also study the possibility of establishing migrant labour centres in the region.

Countries participating in the two-day workshop, besides Malaysia, include Singapore, Thailand, Vietnam, India, Bangladesh, Sri Lanka, Turkey, Jordan, Bahrain, Mongolia, Nepal, South Korea and Pakistan.

Local co-organiser Malaysian Trades Union Congress (MTUC), in a statement today, said the workshop would also facilitate the exchange of information and sharing of experience among participating countries on the issue.

Its vice president, A. Balasubramaniam, said the workshop was timely and significant as the impact of migrant workers both for the sending and receiving countries was substantial, socially and economically.

He said Malaysia would gain much from the workshop as it had a substantial migrant population of more than 1.9 million legal and another 1.2 million illegal workers from Indonesia, India, Pakistan, Bangladesh, the Philippines, Myanmar, Cambodia and Vietnam.

RI lacks ‘political will’ to help housemaids
The Jakarta Post , Jakarta | Thu, 08/27/2009 9:06 AM

http://www.thejakartapost.com/news/2009/08/27/ri-lacks-%E2%80%98political-will%E2%80%99-help-housemaids.html

Migrant Care, an NGO advocating for the rights of migrant workers, has urged the government to immediately ratify the 2003 ILO convention on the protection of migrant workers and their families to counter increasing abuse against housemaids both at home and abroad.

“The government should no longer have any reasons to delay ratifying this important convention.

They should remember the increasing number of fatalities in workplace, labor extortion both at home and overseas, widespread trafficking of women and children and the increase in HIV/AIDS among sex workers,” Migrant Care executive director, Anis Hidayah, told The Jakarta Post by telephone in Jakarta on Wednesday.

She said the government was reluctant to ratify the convention because it believed the measures would only protect domestic, not international, workers.

“But it is impossible for Indonesia to ask other countries to ratify the convention if it itself does not do it. If all UN member countries ratify the convention, all destination countries employing Indonesian migrant workers will be obliged to take measures to protect them. Likewise, Indonesia will also reciprocate and protect expatriates working here, including housemaids,” she said.

Anis said the number of workers who had either died or been abused at their work places in Malaysia and Middle East had spiked in the last three years, despite the signing of a bilateral labor agreement and memorandums of understanding (MOUs) between the two countries.

The ILO convention, which took effect on July 1, 2003, has only been ratified by 35 countries. It stipulates that migrant workers have the right to form a union, be protected from arbitrary dismissal, move to another workplace and seek another job.

A joint working group from Indonesia and Malaysia is still reviewing the bilateral labor agreement but have agreed workers should be allowed one day off per week and be allowed to hold onto their own passport.

Migrant Care called on the joint working group to also allow migrant workers — mainly housemaids — to be allowed to leave their workplace on their day off and visit whoever they feel. They also demanded that workers be able to maintain contact with their relatives back home.

“If workers are not allowed to leave their place of employment on their day off,” Anis said, “then the review becomes quite redundant.”

Anis said it was regrettable the government had decided to not support a proposed convention on international standards for housemaids, which was scheduled to be endorsed at an international labor conference in Geneva in 2011.

“This is a strong indication that the government has no political will to protect workers in the domestic sector and holds no bargaining power to pressure other countries into provide protection for Indonesian migrant workers,” she said.

The government’s decision to support a non-binding recommendation on international standards for housemaids was discussed at a recent meeting between the Manpower and Transmigration Ministry and other relevant ministries, including the Home Ministry, Health Ministry, National Development and Planning Board (Bappenas) and the Foreign Ministry.

The ILO office in Jakarta, in cooperation with civil society groups, drafted a bill which deals specifically with the protection of housemaids and gave it to the Manpower and Transmigration Ministry. The Ministry, for unspecified reasons, has been reluctant to forward it to the House of Representatives for further deliberation.

The bill outlines minimum wages for housemaids, working hours, extra-hour payments, days off and annual vacation.

“This is a strong indication that the government has no political will to protect workers in the domestic sector and holds no bargaining power to pressure other countries into provide protection for Indonesian migrant workers,”

CARAM Asia Press Statement: International Day of Solidarity with Foreign Domestic Workers Must Lead To Legality of Employment

2009-08-28T10:04:00.001+08:00

As today marks a day where the international community seeks to recognise the contribution of foreign domestic workers (FDW), CARAM Asia and its members call on governments throughout the world to immediately amend national employment laws to recognise domestic work as work.

The International Solidarity Day with Foreign Migrant Domestic Workers was first launched in Sri Lanka following a successful Colombo Summit in 2002. Herein it was decided by CARAM Asia alongside nine regional and international organizations and 132 other participants that August 28th should be used to highlight the plight of foreign domestic workers and the need to recognise domestic work as valid mode of employment by the international community and other stakeholders.

Despite decades of mobility and employment, it is deeply disconcerting to note that foreign domestic workers still remain one of the most vulnerable demographics in the world’s employment market, who are continually subjected to abuse and exploitation. Without the recognition of employment, domestic workers are continually denied a weekly paid day off, forced to work up to sixteen hours a day due to a lack of a fixed number of working hours as well as being denied access to healthcare services.

Furthermore due to the nature of the work, domestic workers are confined to their employer’s sphere of influence, and as a result many are frequently abused but because of minimal redress mechanisms, employers and other perpetrators frequently escape criminal prosecution. Employers in host countries are also frequently known to ensure that domestic workers remain isolated and solely dependent on the family by cutting off communications with their own families. Since the personal documentation of the foreign domestic workers is often withheld, many of them are arrested, detained and then deported from their host countries if they attempt to flee abusive or exploitative treatment.

The extreme institutionalised exploitation of domestic workers has been ongoing for the past three decades, and as numbers of FDW continues to rise, so too does the risk of abuse. In fact, it is clear that the previously listed rights violations ferment an environment of bonded labour with intense servitude and debt bondage that constitutes trafficking in persons. Moreover, the cycle of abuses that are inflicted on migrant domestic worker will continue until the governments protect the rights of domestic workers by guaranteeing the rights through the legally enforceable mechanisms with due oversight and accountability.

In keeping with the recognition of domestic work as work, next year the International Labour Organization (ILO) will start working on the process of adopting a new standard for domestic workers that could possibly lead to a new specific Domestic Workers Convention. CARAM Asia calls on all governments around the world to amend and make additions to domestic employment legislation to include domestic workers. Such a move will act as a progression in line with the forthcoming international standard setting process that recognises domestic work as work to be discussed at the next International Labour Conference in 2010.

CARAM Asia and its members representing non-governmental organisations, community based organisations and trade unions recommend the following;

· Governments must enact laws and adopt other measures to ensure that the rights of domestic workers are protected under legal framework

· All countries must immediately sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW, 1990)

· States must develop redress mechanisms for effective accountability of non-state actors such as labour recruitment agencies, employers and brokers for any violations against domestic workers

· Governments, trade unions and employer associations support and endorse the International Labour Organisations (ILO) new Convention for Domestic Workers and its supplementary recommendations

Malaysia Agrees on Wages, Passport Concession for Indonesian Workers

2009-08-26T17:09:00.001+08:00

Anita Rachman / August 25, 2009
http://thejakartaglobe.com/home/malaysia-agrees-on-wages-passport-concession-for-indonesian-workers/326099

Malaysia Agrees on Wages, Passport Concession for Indonesian Workers
Malaysia has agreed on a minimum monthly wage for Indonesian maids and other migrant workers in the informal sector, a key demand of Indonesia during ongoing negotiations on a new labor agreement.

“Six hundred ringgit is the minimum range. It’s about equal to our migrant workers’ standard salary in Yemen, which is about $180,” said Sumardoko, a spokesman for the Ministry of Manpower and Transmigration, adding that the sides will wrap up negotiations on a new memorandum of understanding during a meeting on Sept. 5.

He said the Malaysian side also agreed during the latest round of talks in Kuala Lumpur last week to Indonesia’s request to let its migrant workers keep possession of their passports while working there. This change will enable Indonesians to leave an abusive employer more easily and return home if they run into problems.

In June, the Indonesian government suspended the sending of new domestic helpers, construction workers and plantation hands to Malaysia following public outrage over the case of an Indonesian maid who had been tortured for three years by her Malaysian employer. Indonesia also demanded revisions to a 2006 labor agreement.

Sumardoko said the passport rule will mean Indonesia’s migrants should no longer have problems with the Malaysian police or immigration authorities.

“Wherever they go, they will have their documents to prove they are legal,” he said. “If they face other problems, such as disagreements with their employers or if their contracts are terminated before completion, they still hold their own documents.”

There are currently about two million migrant workers in Malaysia, Indonesian’s top destination for migrant workers, but only 1.2 million of them hold legal documents.

Around 60 percent of Indonesian migrant workers who travel overseas face problems including physical abuse and not being paid. There are currently 4.3 million Indonesians working across Asia, the Middle East and Europe.

Sumardoko said the ministry had asked for a minimum wage equal to that of Malaysian workers, but he said the country did not have a minimum pay scale for informal workers.

Nonetheless, Wahyu Susilo, a public policy analyst at Migrant Care, an Indonesian nongovernmental organization, said 600 Malaysian ringgit ($170) is small compensation for the daily workload. He said the central government should have compared salaries of migrant workers from other countries with those working in Malaysia before agreeing on a figure.

Sumardoko responded by saying that many migrant workers in Malaysia currently earn less than the negotiated wage. “On average ¬they now earn around Rp 1.25 million [$125].”

Sumardoko said both countries would also establish a monitoring team of Indonesian and Malaysian representatives.

According to the Ministry of Manpower, the minimum wage was the last hurdle in the negotiations. The two sides had already agreed that workers would get one day off a week, annual leave, contract security and health and life insurance.

RI reaches deal on migrants with KL

2009-08-24T13:44:00.001+08:00

Published on Mon 08/24/2009 and can be found at
http://www.thejakartapost.com/news/2009/08/24/ri-reaches-deal-migrants-with-kl.html

INDONESIA : Indonesia said it had yet to decide whether to lift the ban on sending migrant workers to Malaysia although Kuala Lumpur had agreed to Jakarta 's request of allowing migrants to hold their own passports.

Teguh Wardoyo, Foreign Ministry's director for migrant protection and legal aid, said on Sunday although both countries had reached a deal on the passport issue, one of the main reasons behind the ban, they would still have to coordinate with related institutions at home about other issues. The deal was reached last week in a joint working group in Kuala Lumpur .

"We are still waiting the government's *decision* about lifting the moratorium," said Teguh. "There has yet to be any decision about lifting the moratorium so far."

The ban was issued on June 26 after a series of migrant abuse cases in Malaysia . Indonesia had requested Malaysia to allow migrants to keep their own passports in a move aimed at enabling migrants to file complaints in cases of mistreatment. Migrants passports have been kept by their employers to allow better immigration control. – JP

CARAM Asia's Letter to The Jakarta Post

2009-08-24T12:18:00.002+08:00

The following letter was published by The Jakarta Post on August 24th.

Coordination of Action Research on AIDS and Mobility (CARAM) Asia and its members Solidaritas Perempuan (SP) from Indonesia and Action for Health Initiatives (ACHIEVE) from the Philippines would like to respond to the article dated August 13th entitled ‘Proposed mandatory testing HIV test for migrants hailed’ by Ridwan Max Sijabat. As a regional network of non-governmental organisations and civil society groups working on the field of HIV and AIDS and migration who formed the migrant representation at the recent International Conference on AIDS in Asia and the Pacific (ICAAP), CARAM Asia and its members would like to express our deep concern for the content laid out in the aforementioned article and the manner in which it misrepresented migrant worker’s attitudes towards mandatory testing.

Mandatory testing remains a deeply discriminatory practise that continues to deny people the right to mobility and dignity due to their HIV status. Furthermore studies by the World Health Organisation (WHO) continue to demonstrate that such practises fail to contain the virus and merely identity HIV and AIDS as that of a foreign problem. As a leading regional organisation, CARAM Asia has campaigned against such stigmatizing practises and has launched a considerable number of research projects and publications documenting migrant’s experiences on this issue.

This was one of the key issues that CARAM Asia’s delegation raised at ICAAP in our Migrant Forum, other sessions, and in our subsequent recommendations to the congress. Yet despite this, without attending any of our sessions or asking our opinion on this matter, the author instead identified anonymous ‘ex-migrant workers from the Philippines’ as the premise for substantiating migrant attitudes towards the use of mandatory testing. Had he attended our sessions, he would have heard directly from migrant workers from Bangladesh, Sri Lanka, Indonesia and the Philippines who related their degrading experiences with mandatory testing and deportation, and spoke in opposition to this stigmatizing and discriminatory policy and practice.

The article also contained a misconstrued reference on the views of the Chairperson of the National AIDS Commission (KPA) Nafsiah Mboi. Ridwan Max Sijabat then wrote a follow up article entitled KPA strongly rejects mandatory HIV test for migrant workers dated August 15th correcting the position of the KPA due to errors made in the initial article. However, the latter article still failed to identify the ex-migrant workers from the Philippines who allegedly gave their support for the use of mandatory testing.

CARAM Asia has written to Ridwan Max Sijabat in order to seek clarification on this issue but he has so far failed to respond to our email inquiry. As a result we would politely ask The Jakarta Post to include this statement within their next publication in order to correct the misrepresentation of migrant voices on the issue of mandatory testing. While we appreciate that mistakes are sometimes made in journalism this instance reflects very badly on the journalistic credibility of the author and serves as a great injustice to the migrant workers who attended and courageously gave their testimony at this year’s ICAAP.

Signed

CARAM Asia

Solidaritas Perempuan (SP)

Action for Health Initiatives (ACHIEVE)

Rohingya 'Won't Be Deported'

2009-08-24T11:30:00.003+08:00

The following article is written by Achara Ashayagachat (21/08/2009) in the Bangkok Post and can be found here http://www.bangkokpost.com/news/local/22407/rohingya-won-t-be-deported

The Immigration Bureau has allowed visitors rare access to Rohingya immigrants transferred from Ranong.The department also assured the immigrants they would not be thrown out of Thailand.

Immigration Bureau commissioner Chatchawal Suksomjit yesterday said the Rohingya would not be deported from Thailand, although the solution to the problem of illegal immigration rested with the governments of the Association of Southeast Asian Nations.

Pol Lt Gen Chatchawal said a committee had been set up to investigate the deaths of two Rohingya during their detention in Ranong.

Doctors previously said they had died of natural causes. More than 30 Rohingya people stood flabbergasted on the concrete grounds at the detention centre at Suan Phlu yesterday while photographers took their pictures and senior immigration police officers and media tried to talk to them.

Another group of Rohingya sat wearily in a nearby room waiting for a nurse to take care of them.

Chalida Thacharoensak, of the People's Empowerment group, and activists and Rohingya representatives from the Burmese Rohingya Association in Thailand were also given a chance to meet them after they were moved from the southern province on Tuesday.

Vachareeya Thanya-ananphol, a Jesuit Refugee Service nurse who tended to all the immigrants at the centre, said about 10 Rohingya needed food and medicine.

"They feel very tired. Their legs are powerless and they feel itchy," Ms Vachareeya said.

Deputy Immigration Bureau chief Phitak Jarusombuti said the bureau would not reveal how long the Rohingya would be detained. He said they would get good care. "The NGOs and the Rohingya from outside will also provide some humanitarian support," Pol Maj Gen Phitak said.

Seventy-eight Rohingya landed off Thailand's shores in January. The centre now has 93 Rohingya, including nine who were arrested in February in Bangkok.

OFWs Defy Ban For High Pay In Afghanistan

2009-08-24T11:24:00.002+08:00

The following article was written by Jerome Aning in the Philippine Daily Inquirer and can be found at http://opinion.inquirer.net/inquireropinion/talkofthetown/view/20090822-221563/OFWs-defy-ban-for-high-pay-in-Afghanistan

COMPENSATION at least four times bigger than that offered in the Middle East is enticing Filipinos to work in forward operating bases of the North Atlantic Treaty Organization (NATO) in Afghanistan despite the dangers and the ban on deploying them to the war-torn country.

The dangers were highlighted by the death of 10 Filipino workers when the helicopter they were riding burst into flames and crashed moments after taking off at a runway in the city of Kandahar on July 19.

The 10 overseas Filipino workers (OFWs), recruited in the Philippines and the Middle East, were to be deployed for work in the town of Spin Buldak, near the Pakistani border, which hosts a forward operating base manned by Canadian troops.

The Department of Foreign Affairs (DFA) identified the fatalities as Marvin Najera, Celso Caralde, Ely Cariño, Ernesto de Vega, Manolito Hornilla, Leopoldo Jimenez Jr., Noli Visda, Mark Joseph Mariano, Rene Taboclaon and Recardo Vallejos.

The badly burned bodies were taken to Kuwait and a laboratory in Maryland, United States subjected samples to further identification via DNA testing. Only two – Jimenez and Hornilla – have been identified; their remains arrived in the Philippines on August 11.

The Philippine government was quick to reiterate its two-year-old ban on the deployment of Filipino workers to Afghanistan, but migrant workers and recruitment groups said the ban had been a failure.

Labor Secretary Marianito Roque said the ban would remain in place and would continue to be enforced. He urged aspiring OFWs to seek employment in other countries through the Philippine Overseas Employment Administration (POEA) and licensed recruitment agencies.

There are about 1,500 Filipino workers in Afghanistan, 500 in the capital Kabul and 1,000 in the southern part of the country, said Vice President Noli de Castro, also the presidential adviser for OFWs and chair of the interagency Task Force Against Illegal Recruitment (TFAIR).

De Castro said OFWs must be prevented from going to Afghanistan because it was still unsafe for Filipino workers.

Aside from the Filipino fatalities, six people were killed and five others were injured in the crash of an MI-8 chopper, owned by the Russian firm Vertikal-1.

There were no indications that the crash was caused by hostile fire, according to US military officials.

An investigation by the POEA and the Overseas Workers Welfare Administration (Owwa), both agencies of the Department of Labor and Employment (Dole), found that the Filipino workers were employed by the Texas-based Fluor Corp., an engineering and construction firm that obtained several huge contracts with the US military in Afghanistan.

But the company that recruited the Filipino workers was AIM Group Inc., also a Texas-based firm, which, according to Roque and De Castro, had apparently got hold of the recruits through “subagents,” some of them Filipinos, who were sent to scout for workers in the Philippines.

Roque said the recruiters of the 10 Filipinos acted individually so as not to attract the attention of authorities in the Philippines. One of the two subagents looked for prospective workers in Central Luzon.

“When a potential recruit is found, he would be asked if he knows another one who is qualified. The recruiter would then refer and fly them to Dubai, where an accomplice would process hiring papers,” he said.

Two of the fatalities had worked in Iraq and were directly recruited in Dubai, according to a TFAIR initial investigation.

De Castro said TFAIR was looking for Jake de la Cruz, one of the two male recruiters in the country. The task force also has identified Lourdes Kabigting as the recruiter in Dubai who processed the OFWs’ papers.

He said he had asked the labor department to make proper representations with UAE authorities to make the recruiters accountable.

On July 14, TFAIR agents at the Ninoy Aquino International Airport intercepted 11 Filipinos bound for Dubai who admitted they were to be deployed to Afghanistan. Immigration authorities were alerted because the passports of some of the workers showed that they had worked in Afghanistan.

The TFAIR found that the workers’ travel documents were facilitated by Faisal Ahmad Muhammad Alamri, who reportedly owns Sara Tourism and Cargo, a firm in Dubai.

‘Bahala na’

Emmanuel Geslani, a consultant for several Manila-based recruitment agencies, said the government would remain “powerless” to enforce the ban, especially because the 10 OFWs did not die from a terror or insurgent attack but from an accident.

“The construction activities in Afghanistan continue to attract OFWs because of the high pay and insurance benefits. With the generous compensation, OFWs are willing to risk their life and limb to work there so that they could give their families back home a better life,” he said.

He said he agreed with the observation that Filipinos seem to think they were “invincible.” Geslani attributed this view to the “bahala na” (come what may) attitude of Filipinos.

“Who would not want to defy the risk and go to Afghanistan, where a janitor can earn up to $800 a month, compared with only $200 in the UAE? A semiskilled worker can earn at least $1,200 there compared with only $300 in the rest of the region. A manager or supervisor earns much, much more,” he said.

It was found that some OFWs themselves lacked adequate information on the real situation in Afghanistan.

“We haven’t heard about any conflict there,” said Margarita Hornilla, whose husband Manolito was among the fatalities. She and other grieving families of the 10 OFWs were brought to the Owwa Center in Pasay by De Castro on July 22.

She said Manolito, who had worked for three years in Iraq, was recruited in Dubai and brought to Afghanistan on July 1 to work as a carpenter with a monthly salary of $1,200. Manolito left six children, three of whom were in college.

On July 23, Owwa repatriated four OFWs in Afghanistan, including Najera’s father Eduardo and Mariano’s uncle Ronald de la Cruz. “We took the risk of going to Afghanistan because of the high pay,” De la Cruz said. He decided to go home because he could not yet land a job despite his recruiter’s promise.

Eduardo was remorse-stricken at having brought his son to Iraq. He said he and his son were also lured by the high pay and so took the risk of going to Afghanistan even if they knew of the ban.

Geslani said that even if the 10 Filipino fatalities were undocumented in the eyes of the Philippine government, their families would receive at least $30,000 each in insurance benefits in compliance with the US Base Insurance Act covering civilians working in high-risk defense contracts.

The ban on the deployment of OFWs to Afghanistan was imposed by the POEA in December 2007, citing the continuing strife that has engulfed the Central Asian country following the invasion by a US-led multinational force.

The government maintains a similar ban in four other countries – Iraq, Nigeria, Lebanon and Jordan.

Jumping points

Despite the ban, recruiters can easily send Filipino workers to Afghanistan, Iraq or Lebanon by using “jumping points,” Geslani said.

“Recruits from the Philippines would not go to Afghanistan directly but fly as tourists first to Bangkok or Hong Kong, from where they could take flights to Afghanistan. Middle Eastern cities such as Kuwait and Dubai in UAE have also become ‘recruitment hubs’ for OFWs in the region whose contracts have expired and are looking for a new job,” he said.

He said there were also allegations in the recruitment industry about rampant “escort services” at the Manila and Cebu international airports, where immigration and airport officers in cahoots with illegal recruiters help “tourist workers” slip out of the Philippines.

“(I)n the long run, the government cannot really set stringent measures that would violate or hamper citizens’ right to travel. And the government here and the government in Afghanistan cannot just close all their borders,” he said.

He said the government was in a better position to protect workers who were already in the four countries before the ban was imposed – as well as those who went there illegally later – if they were documented and their stay legitimized.

“The government, however, remains adamant in implementing the ban. Thus, we have no embassy or labor office there to even look after the OFWs, who are entitled to protection even if they are undocumented,” he said.

Area-specific ban

Foreign firms, however, have not stopped their lobbying. In February, a Colorado-based firm Global Procurement Consulting LLC, wrote the Dole, the DFA and Malacañang and suggested the modification of the ban to make it “area-specific.”

The ban, according to Global’s proposal, could be lifted by the Philippine government only for the military installations in Afghanistan where the Filipino recruits would be confined.

Global was looking for 2,000 cooks, waiters, cashiers, utility workers, maintenance crew and other administrative staff for Supreme Foodservice, a Swiss firm catering to the needs of US and European troops stationed in Kandahar. Supreme offered monthly tax-free salaries ranging from $385 for a general assistant to $700 for a head cook.

Bonus, free plane tickets

Benefits include a $1,200-annual bonus, free roundtrip airfare for every six months and 21 days paid leave. Food, lodging, uniforms, laundry, medical consultations and medicines are provided free of charge. Death benefits amount to three times the annual salary of the worker.

Nothing, however, came out of Global’s proposal. Roque said that as long as the peace and order situation in Afghanistan, Iraq, Lebanon and Nigeria remained unstable, the ban would be maintained.

He said the decision was consistent with Section 5 of Republic Act No. 8042, the Migrant Workers and Overseas Filipinos Act of 1995, which authorizes the government to terminate or impose a ban “in pursuit of the national interest or when public welfare so requires.”

Critics of President Gloria Macapagal-Arroyo lamented that Filipinos were forced to work in dangerous areas like Afghanistan to make a living because the government back home had failed to generate jobs.

Combating Abuse of Migrant Workers

2009-08-24T11:20:00.001+08:00

The following article can be found at http://english.aljazeera.net/focus/2009/08/200982294710659742.html

Al Jazeera's Zeina Awad speaks to "Jessica", a Sri Lankan domestic worker, who says she has been physically abused by her employer in Lebanon.

Human Rights Watch (HRW) estimates that some 200,000 domestic workers from Asian and African countries like the Philippines, Sri Lanka, Ethiopia, and Nepal, arrive in Beirut with little idea where they will be employed.

Najla Shahda, of Caritas Lebanon, part of a global humanitarian network, believes that migrant workers go through similar problems throughout the Middle East.

"Agencies are recruiting them in their countries of origin and they are not explaining to them what their rights are and if they run into a problem, they are not telling them how they can communicate with their embassies," Shahda said.

Employment agencies usually draw up contracts which fall short of existing labour standards and fail to secure migrant workers' rights.

As a result, advocacy groups say, many end up in abusive situations.In a 1998 review of human rights abuses around the world, the UN raised alarm that foreign workers in Lebanon had their passports confiscated.

The situation does not appear to have improved since then.

There have been recent reports that many domestic workers in Lebanon endure long hours on the job, no days off, and being locked up inside the house.

Caritas has set up a shelter for domestic workers like "Jessica" who have escaped from their employees.

There they are given legal advice and seen by social workers.

The Lebanese government recently introduced a new standardised contract, which agencies must use when bringing workers from overseas.

Ali Berro, an adviser to the Minister of Labour on issues pertaining to foreign domestic workers, says that employers are now obliged to sign the new contract. He explained that the new contract gives employee the basic rights that are demanded by international labour laws.

Maurizio Bussi of the International Labour Organisation says there is a lack of legislation protecting the rights of workers in Lebanon.

However, he considers the government's new contract a "first, but very important first step".

CARAM Asia Successfully Raises The Concerns of Migrants At 9th ICAAP

2009-08-21T17:07:00.006+08:00

CARAM Asia is pleased to announce its successful participation in the recent 9th International Congress on AIDS in Asia and the Pacific (ICAAP) which was held in Bali from the 9th -13th of August. It is a testimony to the campaigning of CARAM Asia and its members that migrant voices were included in the process as the congress for ICAAP had initially overlooked the link between HIV and migration.

CARAM Asia’s activities were vast and significant throughout the conference and these included hosting a Migrant Forum to hear from migrant workers discussing their own experiences and drawing up recommendations related to HIV/AIDS and mobility for the congress.

Furthermore, TFEM launched a new book Living With Hope documenting individual stories of migrants in some seven different countries. This launch was attended by a number of prominent guests including Anand Grover the United Nations Special Rapporteur on Health, Prasada Rao Director of UNAIDS Regional Support Team in Asia and the Pacific and Caitlin Wiesen the UNDP Regional Centre HIV/AIDS Practise Leader Program Coordinator for Asia and the Pacific.

Another of our key events was a skills building session entitled Empowering Migrant Communities Through Participatory Action Research (PAR) which saw the release of a new publication by the SOH program team.

As well as the aforementioned activities CARAM Asia and its members also participated in a number of other sessions related to mobility, gender and risk assessment in combating HIV transmission. This coupled with our own core activities helped further raise awareness on issues such as mandatory testing and HIV travel restrictions.

A full report documenting CARAM Asia’s activities at the 9th ICAAP will soon be released for public consumption on our website.

Remittances to developing countries

2009-08-03T17:45:00.001+08:00

THINGS that grew rapidly in 2008 included home foreclosures, government deficits and the ranks of the jobless. More encouragingly, remittances to developing countries also expanded. The World Bank reckons that migrant workers sent $328 billion home to their families last year, 15% more than in 2007.

This continued growth is particularly striking because it came in a year when other private financial flows into the developing world declined dramatically. The net inflows of private capital to these economies dropped by nearly two-fifths, from $1.16 trillion in 2007 to $707 billion, as panicky rich-world investors turned inward and foreign banks became increasingly reluctant to lend across borders. Dilip Ratha of the World Bank wryly remarks that migrants are being “thrust into the role of a sort of lender of last resort.”

However, the chances that remittances will continue to hold up this year are slim. Some argue that these payments are less affected by downturns than other kinds of financial flows because they are sent primarily to support people’s families. But whatever their motives, migrant workers must earn before they can remit. And this crisis has hit countries where migrants work harder than the countries they come from.

The continued growth in remittances in 2008 may not reflect their resilience to recession so much as the fact that it takes a few months for changes in host economies to have an effect. Remittances to Mexico, which are dominated by money from Mexicans working on American building sites, follow the upticks and downturns in American housing starts with a lag of a few months (see chart). As with Mexico, remittances to Guatemala and El Salvador, most of whose migrants are also in America, were at least 10% lower in the first half of this year than in the same period in 2008. America was the first big economy to enter recession so it may only be a matter of time before flows from other countries also fall.

And the shallower the recovery in the rich world, the more unemployment will rise. Spain and the Czech Republic are already offering to pay migrant workers to go home. Other governments, from Italy to South Korea, have reduced the number of temporary workers they let in. The World Bank is forecasting a decline in remittances of 7-10% in 2009.

Rules to protect workers in China widely skirted

2009-08-03T17:34:00.001+08:00

Article written by William Bi and published in Bloomberg News

Jiang Bo says he drove a cement truck for China's Shenzhen Antuoshan Investment & Development 12 hours every day for seven years without overtime pay.

A national labor-contract law implemented Jan. 1, 2008, was supposed to limit work hours and ensure severance pay. A week later, the concrete company asked Jiang to sign a contract setting his base salary at 810 yuan ($119) a month, 45 percent less than he usually earned, to avoid additional overtime costs, he says.
Jiang refused and was let go without compensation.

"China's law is supposed to protect migrant workers and the weak, but this is not the case," said Jiang, an Anhui province native who was awarded 19,620 yuan ($2,872) by an arbitration panel and settled after a second court appeal got him 2,000 yuan ($293) more. "The broth is changed; the medicine isn't."

Employers ignoring a law designed to mute labor discontent prompted Chinese workers to file double the number of claims last year with courts and arbiters, the government says.
The trend leaves international manufacturers open to potential consumer backlash that may stem from any abuses. U.S. companies such as Wal-Mart Stores and Nike, which makes about one in every three of its shoes in China, said they're training suppliers on the rules and inspecting them for compliance.

Nike held workshops with contract factories after the law took effect to ensure they understood its ramifications and Nike's expectations, said Kate Meyers, a spokeswoman for the sportswear company.

Apple, which relies on Chinese manufacturers for its iPhones and iPod music players, found 45 of the 83 factories it audited last year didn't pay proper overtime and 23 provided less than minimum wage, according to its 2009 progress report on supplier responsibility.

The Cupertino, Calif., company required them to adjust practices to ensure correct payments, it said in the report.

Apple has been auditing how its suppliers treat their work force since 2007, spokesman Steve Dowling said. It has taken steps to improve the situation for migrant and contract workers, he said.

Companies such as Dell and Hewlett-Packard buy computer keyboards and other components from the Meitai Plastics & Electronics factory in Dongguan city. The plant made employees work 81-hour weeks and also failed to pay overtime, a February report by the Pittsburgh-based National Labor Committee (NLC) said.

"Conditions are sliding backward because of the worldwide recession," said Charles Kernaghan, NLC director

The Electronic Industry Citizenship Coalition, whose members include several Meitai contractors, said in an April 3 statement that corrective actions were to be taken. The plant is making improvements, Meitai spokeswoman Catherine Lien said.

Meitai is not a direct supplier for Dell or Hewlett-Packard, spokeswomen for each company said. Both companies asked their direct suppliers to do an investigation and changes are being implemented, they said.

Rules ignored
Suppliers have little incentive to abide by the rules, said Bama Athreya, executive director of the International Labor Rights Fund in Washington, D.C.
"The brand-name companies are not putting more money on the table to make sure that suppliers have incentive to obey labor laws," she said. "In fact, every year they come back and say, 'Do it for less.' "

Worker-rights abuses have long been an issue for U.S. and European companies that turn to developing nations for cheap labor, slashing prices for consumers. They have attempted to protect themselves by setting codes of conduct for suppliers and instituting audits to measure compliance.

In the 1990s, protests were mounted against Nike after reports claimed its sneakers were being produced by mistreated workers in emerging markets such as Vietnam. Gap, Abercrombie & Fitch and more than 20 other garment makers and retailers were accused in a 2000 lawsuit of running sweatshops that used slave labor in foreign-owned factories in the U.S. territory of Saipan.

Independent monitors
The case was settled for $20 million, and an independent monitoring system was established on the island, said Dan Newman, a spokesman for Coughlin Stoia Geller Rudman & Robbins, which represented a class of the 30,000 workers who sued.
In April, a factory worker was crushed to death by a machine he was operating at a Guangdong province supplier of cards and other paper goods for Walt Disney and its licensees, the company said. The New York Times reported on the incident in a June 22 article, which said investigators found labor and safety violations at the plant.
Disney works with 23,000 factories globally and accounted for 5 to 15 percent of production at the Guangdong facility, spokesman Jonathan Friedland said.

China's new legislation was meant to improve the lot of its 140 million migrant workers, who together would form the eighth most populous country. People leaving the countryside for urban factory jobs form the backbone of the nation's export industry.

As China's export economy boomed, fueled by some of the world's lowest labor costs, working conditions came under the scrutiny of the United Nations, the U.S. government and human-rights groups.

The abuses included paying employees once a year and hiring "criminal elements" to harass and intimidate them, the U.S. State Department said in its 2008 Human Rights Report.

The new law required businesses to recognize, in writing, workers' rights to fair compensation and benefits, including minimum wages and overtime pay, said Yang Qianwu of the Shenzhen-based Deheng Law Firm, who represented Jiang. The law gave workers the right to sue for damages in civil court.

The U.S. State Department "is aware of the enforcement concerns specifically related to China's new labor laws," spokesman Andrew Laine said.

"We will also continue to engage with a range of stakeholders to ensure that the global financial crisis is not used as a pretext to weaken labor rights or other human rights," Laine wrote in an e-mailed response to questions.

China is protecting the rights of laborers, although "we are still lagging behind developed countries" in providing them with benefits, Foreign Ministry spokesman Qin Gang said when asked about the State Department comments at a regular news briefing in Beijing on June 16.

The U.S. position "sounds plausible and reasonable, but here I would like to remind you to think, which country initiated this financial crisis?" Qin said. "If you make mistakes, at least stop pointing fingers at others."

Economic slowdown
The new rules took effect as the global-financial crisis curbed demand for exports.
On Nov. 20, China Minister of Human Resources and Social Security Yin Weimin said local authorities could delay certain provisions "in the immediate term" to forestall job cuts.

They could put off increases in minimum pay and reduce business premiums for medical and unemployment insurance, according to a transcript on the government's Web site.
Yin didn't specify how long the moratorium would last. The ministry press office didn't respond to a fax seeking comment.

Dong Zhanli endured 16-hour days in a Dongguan factory, assembling DVD players for export, she said. The 21-year-old toiled weekends and holidays, lost wages after drilling a screw into her finger and was screamed at by her foreman — all for about 1,200 yuan a month, she said.

The factory, owned by Hong Kong-based Ngai Lik Industrial Holdings, was known for underpaying employees, said Dong and former colleague Lu Weijun. She and more than 100 co-workers marched several miles to the county labor board last fall after the company asked them to accept lower pay when the factory relocated nearby.
They weren't allowed into the office and no one came out to speak to them. Several hours later, they went back to the factory, Dong said during interviews

The factory wouldn't compromise, so some employees quit, forfeiting their last month's wages, Dong and Lu said.

"The government may have regulations that require employers to pay, but it may not be able to police every employer," Dong said in Lu's one-room apartment, squinting to watch a kung fu movie on TV.

"Here the mountains are high and the emperor is far away," she added, referring to a folk saying.

The secretary for Ngai Lik's operations director, Lam Man Chung, said he wasn't available to answer three telephone calls seeking comment. He also didn't respond to a faxed request.

Threats to party
There has been a "huge surge in labor-related sudden incidents" since the financial crisis began, according to the 2009 Blue Book of China's Society.
The prospect of more public displays of dissatisfaction threatens the Communist Party's goal of maintaining social stability and ensuring its one-party rule over the world's most populous country, said Fu Hualing, head of the law department at Hong Kong University.

"The government knows it's contagious," Fu said. "That is what scares the Chinese government."
Last month marked the 20th anniversary of a military crackdown in Tiananmen Square, where thousands gathered to rally for democracy and against corruption.
This month President Hu Jintao cut short a trip to the Group of Eight summit in Italy as ethnic violence that killed at least 156 people continued in Xinjiang province's capital, Urumqi

"The government kept saying they are going to be strong on the contract law," said Dominique Muller, executive director of IHLO, the Hong Kong Liaison Office for international trade unions. "In reality, they are turning a blind eye."

CARAM Asia Press Statement: Lack of Political Will Compromises Rights of Domestic Workers

2009-07-29T11:36:00.002+08:00

As the governments of Indonesia and Malaysia prepare to meet in order to review the existing Memorandum of Understanding (MOU) on foreign domestic workers (FDW), CARAM Asia alongside its members in the two countries, Solidaritas Perempuan and Tenaganita, calls on both governments to cement changes into legally binding legislation. Such moves would implement long over due measures to recognise domestic work as work, providing FDWs with the same rights as any other worker, including a weekly paid day off.

Despite an MOU being signed between the two countries in 2006, the past three years has demonstrated that such a mechanism has failed to provide FDWs with adequate protection from exploitation or abuse. Instead, the central tenant of the MOU continues to place the onus on productivity while neglecting any enforcement mechanisms to monitor the conditions of the workers themselves. This subsequently places the terms of employment and set of responsibilities under the direction of the employer which creates a climate prone to both abuse and exploitation. The lack of a legally enforceable contract has now meant that a large number of FDWs now work as much as 16 hours a day, seven days a week.

Thus, while the MOU claims to incorporate the need of workers to have adequate time off, the overall lack of enforcement means that the majority of FDWs are not able to have time outside of the employment sphere in order to recuperate. Furthermore, the mobility of the FDW is also impeded by the fact that in violation the Passport Act, many employers retain the employee’s personal documents for fear that they may abscond. This can be extremely damaging for the FDW as it potentially limits their ability to access health services or report criminal abuse, thus trapping the FDW in a sphere of conflict.

Therefore, under the existing terms of the MOU, FDWs continue to be denied a legally binding employment contract that would regulate the job scope and hours expected of the workers. Furthermore, any conditions laid out in the existing MOU remain largely impractical as the agreement is subservient to the national law of each country. As such, the Employment Act 1955 within Malaysian law denotes that domestic workers are merely recognised as ‘servants’ and this therefore means that they are deprived of the same rights as other worker. These include such basic rights as access to employment tribunals and contract termination benefits.

CARAM Asia notes that a further issue of concern is that governments have rarely sought to monitor the role of labour recruitment agencies, many of which operate unregistered by the official channels. Furthermore, the increasing number of agencies has resulted in a situation where the supply outweighs the demand and many migrants find themselves unable to find work but left with heavy debt.

As such we strongly contend that the MOU has not criminalised abusive behaviour against domestic workers and such agreements lack any credible oversight to provide foreign domestic workers with protection under the due process of the law. It is now time for the governments to implement their agreements into a legally binding manner, holding employers and labour recruit agencies accountable while guaranteeing the employment rights of foreign domestic workers.

We further remind the two governments that such a move would meet with their existing commitments to uphold human rights protections under both the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC). Both governments must therefore ensure the rights stipulated in these conventions are transferred into national law with subsequent monitoring and enforcement.

As such the Malaysian government must immediately amend the Employment Act ensuring comprehensive labour protection to all FDW within their border with the inclusion of a standard contract in the law. Only when this contract is incorporated into the Employment Act law can the rights of FDW be guaranteed.

We agree in principle with the Indonesian government’s request for domestic workers to be given a weekly day off, allowed to hold onto their own passports, paid wages promptly and assured of health and security protection.

In addition to what the Indonesian government has demanded, CARAM Asia calls upon both governments to;

(1) Clearly define the job scope of the domestic worker within the employment contract.

(2) Fix a maximum number of working hours expected of the FDW as well as the inclusion of a weekly paid day off not negotiable with compensatory wages.

(3) Reduce the placement fees by both Malaysian and Indonesian agents and enforce mechanisms to monitor agents who do not comply with the stipulated amount. The Indonesian government must review the role of agencies at all levels and control the cost of workers. While the Malaysian government must ensure fees that are already paid by employers are not charged again to the worker.

The Malaysian Government

(4) Fully amend the Employment Act to recognise domestic workers as workers instead of servants in order to provide them with the same rights and protections accommodated to any other workers.

(5) To prosecute employers and agents who hold on to the passports of the workers in accordance with the Passport Act. Passports or any other personal documents should not be kept for safekeeping by any other person.

The Indonesian Government

(6) Manage the training of domestic workers to equip them with both occupational skills and knowledge on their rights and ways to seek legal redress. Since the Indonesian migrant workers contribute to nation building through their earned remittances, the government must shoulder the training costs for them.

Migrants Toil as ASEAN Ministers Talk Rights

2009-07-23T09:26:00.001+08:00

Agence France-Presse, 07/22/2009
http://globalnation.inquirer.net/news/breakingnews/view/20090722-216677/Migrants-toil-as-Asean-ministers-talk-rights

PHUKET, Thailand—As Southeast Asian ministers endorsed a new human rights body at a luxury Phuket hotel, victims of the region's abuses were hard at work nearby at the island's fishing port.

Hundreds of migrant fishermen unloaded their overnight catch from brightly-colored boats, while workers in rubber boots sorted the seafood into baskets for others to pile into trucks bound for various Thai provinces.

Most laborers here came to seek a better life away from military-ruled Myanmar, which has been considered the problem child of the Association of Southeast Asian Nations (Asean) since it joined in 1997.

While the bloc's new human rights body will require members to provide reports on their internal rights situations, critics say it will lack powers to punish Myanmar's junta for rights abuses that have driven many citizens away.

"It is a bit hard to live there. Than Shwe (the junta leader) has a black heart. He makes problems for people, he makes them poor," said An Ny Ny Thew, a worker at the port who left Myanmar 13 years ago with her fisherman husband.

Taking a break from her job packing fish into baskets with ice, the 30-year-old told AFP that she left a construction job in Myanmar to find better-paid work in Thailand.
She said she now earns 5,000 to 6,000 baht (147 to 176 dollars) per month—a big improvement on the 1,000 baht she was paid in Myanmar. But she has had to send her two children, aged seven and five, back home to live with her mother.

"I have no permit to send my children to school in Thailand. If the children stay here I can't work. I miss them but I have no money to go back to visit," she said.
Kyaw Win, a fisherman from Myanmar, said he would not go back to his homeland now even if he could afford it.

"I came here to make money. I like working here—they have democracy. If Burma does not get democracy I will not go back," he said, referring to Myanmar by its former name.The former policeman explained that he escaped the country after taking part in the pro-democracy uprisings of 1988, which saw thousands of protesters killed in a bloody crackdown by the army.

Myanmar migrants such as Kyaw Win make up about 80 percent of more than 500 workers at the port, according to Boonlert Sritularak, a Thai wholesaler there.
"Thais don't like to do this job because it's smelly and dirty," he said, describing it as "one of the hardest jobs in Phuket."

"In my opinion we have to treat them well and take care of them because we need the labor," he said, adding that many from Myanmar move to "more comfortable" jobs as cleaners or food vendors after a few months.

He said he thought only about half of migrants at the port were legal, and when officers came to make checks on the status of the workers, the migrants would dip into their meager wages to "give the police money to keep quiet."
The large numbers of illegal workers make figures hard to calculate, but Human Rights Watch estimates that more than two million Myanmar migrants are working in Thailand.

Even for those with work permits the situation seems precarious, and an Asean declaration on migrant worker rights, approved in 2007, appears to hold little sway.
"The Thai government is not helping workers. If someone is injured they send them back to Myanmar," claimed An Ny Ny Thew, adding she did not know what she would do next year when her work permit runs out.

Rights groups have called on Thailand to improve protection for migrants—especially after accusations of mistreatment caused international outrage earlier this year.
Nearly 650 Rohingya—a stateless ethnic group facing persecution from Myanmar's junta—were rescued off India and Indonesia, some claiming to have been beaten by Thai soldiers before being set adrift on the high seas to die

Soon afterwards, the Thai government "categorically denied" reports that it had mistreated any migrants. Premier Abhisit Vejjajiva, speaking in Phuket this week ahead of Asia's biggest security forum, appeared confident about the human rights situation in this "very open country."

But many are still concerned.
David Mathieson of Human Rights Watch said the region had a "climate of impunity over rights abuses," which Asean needed to tackle, because the issue of migrant workers "touches every single Asean member."

Rejected At Every Turn

2009-07-23T09:21:00.002+08:00

PUTIK LADA By ASTON PHILIP PAIVA, Thursday July 23, 2009
http://thestar.com.my/columnists/story.asp?file=/2009/7/23/columnists/putiklada/4363507&sec=putiklada

The public must strive to make themselves aware of the plight of refugees and endeavour to assist where possible.
WE have refugees in Malay-sia. This is a fact. As Malay-sians, we cannot turn a blind eye. But who exactly is a refugee?

Article 1 of the 1951 United Nations Convention relating to the Status of Refugees (“the Convention”) defines a refugee, inter alia, as a person who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”

A refugee is not an economic migrant. An economic migrant is a person who has left his country seeking a better life and can always return to live peacefully.
If caught without travel documents here, he would be subject to Malaysia’s immigration laws and be considered an illegal immigrant.
A refugee, on the other hand, will be faced with the threat of persecution upon return. In other words, refugees are here in Malaysia not out of choice but out of necessity. As refugees have fled their country, they lack the necessary travel documents.

The Convention also outlines the rights of a refugee and as at 2008, it has been signed by 144 countries. However, Malaysia is not a signatory.
In Malaysia, our immigration laws, particularly the Immigration Act 1959/63 (Act 155), do not make a distinction between a refugee and an illegal immigrant (whether economic or otherwise).

It is in this regard that Malaysia continues to arrest, and deport, refugees in the country.
From an international platform, such action/punishment by the Malaysian authorities for someone who is running away from threats of persecution appears draconian.
In any event, penalties afforded by the law should, in fact, serve to rehabilitate the offender, not add further psychological and physical trauma.
It should be noted that Article 33 of the Convention stipulates that a refugee is not to be returned (non-refoulement) to his country of origin, as his life or freedom would be threatened.

In Malaysia, the Office of the United Nations High Commissioner for Refugees (UNHCR, set up to primarily safeguard the rights and well-being of refugees) began its operations in the 1970s with the arrival of the Vietnamese refugees.
The UNHCR interviews refugees to assess their circumstance before registering them and providing them with documentation i.e. an identity card.
This interview, as well as an investigative process, thoroughly assess all refugee applications to ensure the validity of the claims.

It is through this that UNHCR ensures a person has a valid claim for refugee status.
To date, the UNHCR has registered more than 45,000 persons of concern consisting of Myanmars, Sri Lankans, Iraqis, Somalis and Palestinians.
Myanmars tally the highest owing to the presence of the repressive military junta in Myanmar.

Unfortunately, as Malaysia is yet a signatory to the Convention, the identity cards issued by UNHCR remain unrecognised by our authorities, resulting in arrests, detention and deportation under Malaysia’s immigration laws.
Aside from evading arrests, refugees have various other afflictions. Fifty Refugees (http://fiftyrefugees.wordpress.com/) is a blog that provides real life accounts of the hardships suffered by the refugees in Malaysia: refugees scrounging for jobs, abuses by employers, victims of robberies; men are beaten, women are raped, and children have been displaced.

Being refugees, they have no legal standing in this country, and therefore, have no alternatives in their situation – no recourse to the law.
In fact, the Government has recently enacted the Anti-Trafficking in Persons Act 2007 to provide for the offence of trafficking in persons as well as protection and support for trafficked persons.

However, the implementation to date has been rather pathetic as prosecution is slim and there is still no recognition for refugees.

In 2007, the then Foreign Minister Datuk Seri Syed Hamid Albar was reported to have said: “If we recognise refugees, we could open the floodgates and encourage them to come here just to escape economic hardship in their own country.”

As explained, a refugee is different from an economic immigrant. This statement shows ignorance on the part of our authorities. I certainly hope this isn’t a reflection of the Malaysian conscience.

The Government aside, the Malaysian public must strive to make themselves aware of the plight of refugees domestically and internationally while endeavouring to assist where possible.We cannot disregard the curtailment of human rights and democracy in Malaysia or foreign lands.

We are fortunate to be Malaysians and have a Constitution that guarantees everyone freedom of speech and equality. We know what it feels like to be treated with dignity. We understand truth, justice and freedom.

We must now afford that privilege to everyone else, live by our conscience and use our liberty to promote democracy.The writer is a young lawyer. Putik Lada, or pepper buds in Malay, captures the spirit and intention of this column — a platform for young lawyers to articulate their views and aspirations about the law, justice and a civil society.

For more information about the young lawyers, please visit www.malaysianbar.org.my/nylc.

Current Media Stories of Note

2009-07-20T11:14:00.002+08:00

STORY 1: Asia's growth hopes crumble
By Chee Yoke Heong, Asia Times July 10th
Found at: http://www.atimes.com/atimes/Southeast_Asia/KG10Ae01.html

KUALA LUMPUR - As the global economic slowdown deepens, poverty in Asia is set to become further entrenched. The number of people living in absolute poverty is increasing as a result of sagging incomes and loss of jobs amid a collapse in export-led growth, which has been the region's road to prosperity.

A slew of reports makes it clear that the global financial and economic crisis will have a significant impact on the vulnerable section of the population in Asia. A year ago there was still discussion about the possibility of Asia "decoupling" from the recession in the rich countries; it is now clear that the region is not immune.

Growth in developing Asia as a whole will fall three percentagepoints this year to 3.4%, the slowest rate since the 1997-1998 Asian financial crisis, according to the Asian Development Bank (ADB). Its recovery will depend on the depth and length of the recession in the United States, Europe and Japan, the destinations for about 60% of Asia's exports.

The global economic crisis will keep in poverty more than 60 million people in developing Asia - including 14 million in China - and 24 million more in 2010 who would otherwise have been freed from that shackle had economic growth continued at pre-crisis levels.

A just-released United Nations assessment says that both the number of poor and the poverty rate are expected to increase further in some low-income southern Asian economies. It has been widely accepted that the global crisis is likely to wipe out gains made over the past decade in reducing poverty.

Across Asia, poor communities are feeling the consequences of the global downturn particularly hard. Prices of food and fuel have declined from their peaks, but not enough for people to return to 2007 living standards.

Research in poor rural and urban communities in five countries, including Bangladesh and Indonesia, carried out by the Institute of Development Studies (IDS) in Britain, found that people in poor communities are eating less frequently, and less diverse and nutrient-rich foods. In some cases, people are resorting to self-medication while children's education is suffering, with them being withdrawn from school or in Islamic countries moving to (cheaper) madrassa schools.

Export-dependant businesses are closing factories, laying off workers and are being hit by supply chain disruptions. Declining prices in commodities such as rubber mean reduced production, resulting in less income and job migration.

In the urban area around Jakarta, migrant export-sector workers started to return home late in 2008 when their contracts were not renewed; others have had their working hours reduced. Garment factory workers in Dhaka report that new jobs are available, but these are in poor-quality, unsafe sub-contractor sweatshops, rather than in factories that comply with labor standards.

More workers are having to resort to low-yield or dangerous jobs. People from Kalimantan, Indonesia, are traveling to other islands to mine gold, while cross-border smuggling is reportedly rising in rural Bangladesh - both illegal and dangerous but potentially lucrative activities.

In China, tens of thousands of export-oriented firms in cities such as Shanghai and Guangzhou have closed in recent months while 20 million domestic migrant workers are said to have lost their jobs as a result of the collapse in export orders.

As recession deepens in Europe, the United States and the Middle East, migrant earnings sent home to developing countries may fall to about US$290 billion in 2009 from US$305 billion in 2008, according to the World Bank. For some countries such as the Philippines, remittances from expatriate workers are the single-largest source of export revenue.

The IBON Foundation in the Philippines reported that in the first three months of this year, overseas remittances fell from 11 out of the 20 countries that account for 96% of such remittances. Remittance growth in another four countries is slowing and could soon turn negative.

In India, Bangladesh and Pakistan, remittance flows are forecast to slow sharply to zero growth this year from over 16% growth in 2008. The rising pressures on international labor markets are also being felt in Indonesia. Up to 200,000 Indonesian workers, out of more than 4 million expatriate Indonesian workers worldwide, might need to return home if the international economic crisis remains severe, according to a report by the Lowy Institute in Australia.

As for people who are employed but who do not earn enough to lift themselves and their families above the poverty line, the International Labor Organization forecasts that their number in Asia will increase by 50-120 million for the period between 2007 and 2009.

The adverse impact of the crisis has been particularly harsh on women in the region. An Asian Development Bank (ADB) official related how most workers in the lower segment of the global supply chain of exported goods are women, and they are being heavily affected by recent job losses - particularly in the garments, textiles and electronics industries. These industries, heavily hit by the current crisis, employ five female workers for every two males.

The impact of developments in international capital markets also presents serious risks for Asian countries. In recent months, all major global financial institutions have become much more risk-averse and financial agencies are much more cautious about providing funds.

The ADB notes that "the region is ... experiencing a precipitous drop in foreign direct investment" and "funding for infrastructure projects is fast drying up". The result, says the Lowy Institute, is that many developing countries are finding that their access to international capital is being squeezed at a time when they are critically needed for development and to overcome poverty.

Proposed reforms to financial institutions such as the International Monetary Fund and development banks might provide some extra funding for developing countries, the overall impact of the proposals currently under consideration seems likely to be small.

There are also signs of increasing protectionism in capital markets. In recent months, many rich countries have introduced various forms of assistance for their domestic financial sectors. While some of these have been emergency measures needed to head off systemic collapse, the Lowy Institute said some other measures have the effect of tilting access to the playing field for international capital markets in favor of rich countries at the expense of developing countries. British Prime Minister Gordon Brown described these kinds of measures as "mercantilism in a new form" and "a form of financial protectionism".

Open economies in Asia will also need to contend with increased trade protectionism in the industrialized countries. For example, since last November's Group of 20 (G-20) summit in Washington, a pledge by leaders not to raise new barriers to trade or investment has been widely flouted. The World Bank recently estimated that 17 of the G-20 countries had instigated 47 policies that had restricted trade since the summit.

Difficulties faced during economically challenging times are usually compounded by social problems. As the IDS research found, there are signs of rising domestic violence growing inter-group tensions. Minority groups have been criticized for taking advantage of the crisis, but are typically disadvantaged compared with the majority in terms of access to official resources. Petty crime, drug and alcohol abuse were reportedly on the rise. So were the abandonment of children and the elderly; micro-credit default; and criminalization of youth.

Help from governments is severely limited in many countries. Public safety nets for the poor in Bangladesh, for example, were criticized for the small amounts disbursed. In Jakarta, migrant workers who had lost their jobs were not able to access government rice for the poor, which typically goes to longer-term residents.

Chee Yoke Heong is a freelance journalist and researcher based in Kuala Lumpur, Malaysia.

STORY 2: OECD: Korea Should Open More Doors to Migrant Workers
July 20th http://english.chosun.com/site/data/html_dir/2009/07/20/2009072000496.html
Korea is said to be one of the most rapidly aging countries in the world. The National Statistical Office projects that by 2050, four out of 10 people in the country will be over the age of 65, which will be the highest in the OECD. As the population grows older, the working population is expected to drop by more than 15 percent in 2050, dealing a serious blow to the nation's economy.

The OECD says the solution to this problem is in lowering Korea's threshold for immigrants. In order to cope with the country's shrinking working population, the OECD advises that Korea should supplement 14 percent of its population with migrant workers from 2020 to 2050.

By holding on to the virtue of homogeneity, Korea has always been on the OECD's list of countries where national and foreigner distinction is prevalent. As of 2007, foreigners who have acquired Korean citizenship accounted for a mere 1.5 percent of the total population.

OECD Secretary-General Angel Guarria said countries should keep in mind that "the benefits of migration are shared between sending and receiving countries," and stressed the importance of "responsive, fair and effective migration and integration policies."

According to a recent study by Hyundai Research Institute, migrant workers' productivity is expected to increase Korea's GDP by nearly 0.5 percent and the amount of money they spend here is expected to amount to almost W4 trillion (US$1=W1,260). Keeping the doors open to more immigrants is more likely to bring a positive rather than a negative effect to the economy, according to the study.

STORY 3: Kept in the dark: Domestic migrant workers face media blackout

Found at: http://www.menassat.com/?q=en/news-articles/6865-domestic-migrant-workers

For many migrant domestic workers, leaving for a foreign place also means losing touch with the political situation back home. It can take months for migrant workers in Lebanon to learn of events and developments in their countries, as workers often endure long working hours, low pay, lack of access to the news, and for some, no communication with their families. Simba Russeau looks at how migrant domestic workers keep up with the news.

By SIMBA RUSSEAU

BEIRUT, July 16, 2009 (MENASSAT) — Abbey trained as a nurse and French interpreter at a military hospital in Antsiranana Bay, which is located along the northeast coast of Madagascar. It is considered one of the largest natural harbors in the world and the second commercial port of the island. During the three years Abbey worked at the hospital they cared for many Arab seamen whose ships were stationed for three months at a time along the coast. Because the hospital was a French-run operation, the director accepted an offer to send a nurse to Lebanon for three years to learn Arabic so that she would be better equipped to care for those in need of treatment.

Abbey was presented with a three-year contract, which included a car to transport her to the hospital, a lot of work hours and a salary of $1,000 per month. However, when she arrived, she was placed in a Lebanese household with another Madagascan woman, and the two were expected to take care of the house, three kids and a newborn.

“We didn’t sleep day or night, we had to be up whenever the baby cried. The baby was never supposed to cry. We didn’t even have time to shower or eat during the day because we were always rocking him so he [wouldn't] cry. It was like that for two-and-a-half years,” Abbey said. “They didn’t even used to give us leftovers to eat. With our small salary of $150 we had to give the employer money so she would buy food for us. They didn’t even used to buy us toothpaste. What little we made, we used to buy food. So basically we were working for free for the Lebanese.”

While under contract, Abbey was never allowed to use the phone or send letters to her family, so for two and a half years she never knew what was going on in Madagascar and her family didn’t know if she was alive. Eventually she ran away, and for the past ten years has been working as a freelancer.

According to Abbey, even if she were allowed to watch the news once a day it would be of no benefit, because all TV stations are in Arabic and the few that are in French only deal with European issues. If Madagascar is mentioned in the news, the report is brief and doesn’t offer in-depth information of what is actually happening on the ground.

Little-to-no time

Madagascar, an island country located in the Indian Ocean off the southeastern coast of Africa, has experienced a series of assassinations, military coups and election disputes since gaining independence from France in 1960. The latest violence and struggle for power took place in January of this year, when more than 170 people were killed.

“I found out about the coup from my brother, who called me. There isn’t much on television to keep us updated. But if I was still under contract I would have never known,” said Abbey.

Diana, who is also from Madagascar, is currently working under contract and is not given any days off, only finding out what is happening in her country through random and seldom opportunities.

“I had no access to news or contact with people from the community or my family back home. I happened to see another Madagascan while walking the dog and she mentioned that there was a coup,” “It’s now July and I’m just finding out what is going in my country.”

During the last three decades the region has experienced a large influx of migrant domestic workers from Southeast Asia and Africa. Although there are currently over 200,000 domestic workers in Lebanon, very little information is provided to these women in terms of media coverage.

Freelancers are always able to connect with family or friends from the community to find out what is happening back home, but for those under contract and unable to leave the house, they take whatever moments they can when the "Madame" is not looking to meet with other women on the balcony. If the other worker is granted access to speak with family then she will become the source of information for other women in the area.

It is always easy to say that the Lebanese and the Arab media are once again responsible for not granting migrant workers rights, but is it actually the responsibility of the workers’ embassies and the Lebanese agencies they work with. For instance, the Philippine Embassy, which is by far the most conscious of their workers' needs, provides them with several blogs and online employment sites, not only detailing their rights, but also providing news on faulty recruitment agencies and current news from the Philippines.

In fact, the embassies could act as a portal for news and media for their migrants abroad or better yet could encourage the Lebanese government to allow, for example, networks to air a Madagascan station, like they do Sri Lankan and Sudanese stations. Of course, the main problem is finding time for the workers to catch a glimpse of what is happening back home and also for those under contract to be given normal working hours, rather than the 24-hour, 7-day a week schedules most are forced to adhere to.

Disconnected

Bernadette, a 32-year-old single mother from Sri Lanka, needed a means to provide for her daughter. The option of working overseas sounded very promising at the time.

For almost 3-years she has been working in Lebanon as a domestic worker. Every day, Bernadette wakes at 6am to endure 18 hours of grueling labor. Because she works in a remote location, she sometimes asks visitors to buy copies of a Sri Lankan newspaper, which can be found at most Sri Lankan shops in the Dora or Hamra neighborhoods of Beirut, as well as a phone card so that she can contact her family.

From 1983 until the present, there has been an on and off civil war between the Sri Lankan government and the Liberation Tigers of Tamil Eelam, a separatist movement seeking an autonomous state in the northern and eastern part of the country.

“We have a big problem in Sri Lanka. My brother told me that sometimes the fighting is really bad, but because my family is in Colombo it doesn’t affect them as much. Things were quiet for a while, but after they caught the head Tamil leader now I don’t know what will happen,” said Bernadette.

This past Sunday, Madagascan domestic workers celebrated Independence Day, which was last month. At the time, country organizers saw no reason to celebrate due to the political situation in the country. However, since it was the only opportunity for many women to leave the house, they decided to carry on with the events and held a celebration last week.

“You know I had one girl come to me and ask me if there were problems in Madagascar and I told her yes, but at the beginning of the year,” said community leader and social worker Aimee.

“I worry a lot about the situation in Madagascar, because it changes often but the problem is that the government never thinks about the people. Currently, foreigners come to the region to cultivate the land by growing medicinal plants for export. They establish factories, and it’s countries like France who will benefit while the people’s quality of life decreases and poverty increases,” added Abbey.

“If we return, then more poverty and death [will] await us.”

The media is one of the most powerful means of informing the masses of social issues related to their home countries, such as unemployment, war, and political instability. Little or no access to media outlets can directly - or indirectly - affect the performance of migrant workers.

However, having access to information, family, weekly interactions with friends from the same country and media - be it online or through word of mouth - can play an important role in aiding the workers' decision to return home, or can give them the strength to continue working, since information has the ability to put the mind at ease.

CARAM Asia Press Statement: Health Rights For Migrant Workers Is The Key, Not Discrimination

2009-06-23T16:34:00.004+08:00

CARAM Asia notes that many in the public and governmental sphere have started to raise questions about the link between foreign workers and the rise of certain diseases. As a regional network that works directly on the issue of health and mobility we would like to clarify our own perspective on these matters based on our own research and to argue why policies such as mandatory testing of migrant workers as a screening mechanism for employment and work permits, does more harm than good in the interest of public health. Furthermore, we would like to remind both the government and the public that unlike nationals, migrant workers are continually denied access to affordable healthcare services and are already subject to increasingly discriminatory measures that exclude them from the workplace.

There are currently around 2.5 million documented migrant workers and a further million undocumented in Malaysia, and despite the fact that many migrants work in dangerous, difficult and demeaning modes of employment, the vast majority continue to be denied access to even the most basic health care services.

At the outset, migrant workers are forced to undergo medical screening before issued with a work permit within the country, and this is often excused in the public sphere as a precondition to fight HIV and other diseases. At the outset, the imposed determination of whether a migrant is HIV positive and using that status to exclude the individual from entry or continued stay may have the perverse effect of creating incentives for those migrants to avoid legal routes of entry and encourage illegal entry or falsification of supporting documents. Furthermore, groups such as the World Health Organisation (WHO) have continually shown that these methods have little success in fighting the spread of the virus, and this reduces the argument to one which signifies HIV as that of a foreign problem.

Despite the fact that the National Strategic Plan on HIV and AIDS (NSP 2006-2010) identified migrant workers as one of the key vulnerable groups who are at risk of infection, CARAM Asia notes with grave concern that there still remains no targeted national programmes and services for HIV prevention for migrant workers within Malaysia.

A person’s HIV status should not be used as an indication of fitness to work and although HIV is a communicable disease, it is only transmitted through specific behaviours. Therefore, education on the prevention of the virus remains the best public health approach in protecting both the public and the migrant, not discrimination and exclusion. Moreover, as a result of the country deporting migrants due to their status, many migrants who fear that they have become infected while in the country, do not access medical channels for fear of deportation, thus having a detrimental effect on both their individual lives and the overall fight against the virus.

The mandatory testing policy used in Malaysia is in direct contradiction to the International Labour Organisation’s Code of Practice on Prevention and Management of HIV/AIDS at the Workplace which states that HIV positive workers have the right to continue working and access to treatment and care as they are able to work.

If the government is concerned over the rise of diseases amongst foreign workers, then it is crucial that they immediately address the health of migrants at all levels of the process including conditions within detention camps. Over the past six years there have been approximately 1,300 custodial deaths of undocumented migrants in Malaysian detention camps, many of which could have been prevented had these people been given access to adequate health services. The recent case of two Burmese who died in Juru detention camp due to Leptospirosis, usually caused by animal waste contaminating water or food, underlines the urgent need to provide health, cleanliness and healthcare to prevent such needless deaths.

Furthermore, in order to prevent the spread of diseases in overcrowded detention centres, there is an urgent need for the government to provide greater oversight mechanisms that would seek to provide accountability of the governing authorities including the immediate disbandment of Ikatan Relawan Rakyat (RELA).

It is in light of all these aforementioned factors that CARAM Asia recommends the following to the government of Malaysia;

Ensure migrant workers have full access to workers medical reports. The withholding of this information is a breach of privacy rights.

Sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

The mandatory testing policy is in contradiction to the Code of Practice on Prevention and Management of HIV/AIDS at the Workplace which states that HIV positive workers have the right to continue working and access to treatment and care as they are able to work. The Code of Practice – 2001 is initiated by the Human Resources Ministry.

Harmonise all laws and policies on health testing to ensure that any testing that migrants must undergo adheres to internationally accepted standards that include: informed consent, confidentiality, pre and post-test counselling, and proper referral to treatment, care and support services.

Provide health care information and affordable health care services for unskilled migrant workers to promote good health among this group of low wage workers. The government must ensure that pre and post counselling and prevention information is given in a way that migrants can understand.

Provide oversight mechanisms of accountability that would mean officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes.

The Director General of Immigration must remain committed to the departmental pledge that cleanliness and hygiene should be readdressed in detention centres with new measures taken and this must be continually reviewed with its findings made public.

Immediate disbandment of Ikatan Relawan Rakyat (RELA).

Joint CSO Statement: ASEAN Should Establish a Human Rights Body That is Not Below International Standards

2009-06-23T10:59:00.002+08:00

(Bangkok, 18 June 2009) Civil Society Organizations in the region are concerned that ASEAN is about to establish a human rights body that is below international standards. The Solidarity for Asian People’s Advocacy Task Force on ASEAN and Human Rights (SAPA TF-AHR), a network of more than 50 organizations, is apprehensive that the final draft of the Terms of Reference (TOR) for the establishment of the ASEAN Human Rights body (AHRB) will result in a body that will be engaged mostly in the promotion of human rights, while lacking a mandate in protection work. The TOR is planned to be adopted by the ten Foreign Ministers in the 42nd ASEAN Ministerial Meeting (AMM) in Phuket, Thailand, in July.

“It is disturbing that we are only a month away from the AMM, yet, we continue to hear that the protection mandate and the appointment of independent experts are yet to be included in the TOR,” says Rafendi Djamin, the coordinator of Indonesian’s NGO Coalition for International Human Rights Working Group (HRWG).

“ASEAN should not go below international standards when setting up the ASEAN human rights body,” stressed Djamin, who is also Convenor of the SAPA TF-AHR.

NGOs are not rejecting ASEAN’s plan to promote human rights but stressed that the AHRB should be empowered to carry out protection work to address human rights violations in the region.

Yap Swee Seng, Executive Director of FORUM-ASIA said that “while the promotion of human rights is essential, in a region where human rights violations are common place, it is of paramount importance that the first regional human rights protection mechanism in Asia should have the mandate to carry out on-site visits to inquire into specific human rights concerns as well as to investigate human rights violations”.

He added “The experience of the Inter-American Commission on Human Rights (IACHR) showed that when they visited Argentina in 1979, they received 5,000 complaints. The ensuing report remains one of the most important reports prepared by the IACHR as it showed patterns of how people were detained, taken to secret detention centres and then extra-judicially executed.”

Thun Saray, the President of Cambodian Human Rights and Development (ADHOC), also Cambodian focal point of SAPA TF-AHR said “Another key role for a human rights body would also be to assess and review the general human rights situation in the region and to publish reports and recommendations for collective action at the regional level.” He pointed out that this mechanism differs from the universal periodic review (UPR) process of the United Nations Human Rights Council. The UPR leaves the implementation of each country’s commitments to that particular country itself.

Wathshlah Naidu, the Gender Focal Point for SAPA TF-AHR and Programme Officer of the International Women's Rights Action Watch Asia Pacific based in Kuala Lumpur, Malaysia, stressed that appointing experts to serve on the AHRB is vital. “They should serve in their personal capacity to promote and protect human rights. The selection process of these experts should be transparent, carried out after extensive and meaningful consultations with civil society,” says Ms Naidu.

“The body must provide human rights protection mechanism to ensure just remedies for all victims. A body with teeth should be established, and not another toothless mechanism ” says Sinapan Samydorai, the Singapore Country Focal Point of SAPA TF-AHR and the Convenor of the SAPA Task Force on ASEAN Migrant Workers.

“We envision an ASEAN Human Rights body that complies with the Paris Principles. It must be to fulfill the ASEAN peoples’ legitimate expectations for a body that can protect their rights,” added Sister Cres Lucero, Philippines Country Focal Point for SAPA TF-AHR and the Deputy Director of Task Force Detainees of the Philippines.

SAPA TF-AHR was established during the first Regional Consultation on ASEAN and Human Rights in Kuala Lumpur on 26-28 August 2007. It is a network of civil society organisations which aims to a) hold ASEAN member states accountable to their international and domestic human rights obligations, and b) make the ASEAN human rights mechanisms more accountable and effective. Early in 2009, the SAPA TFAHR launched the campaign on “we want ASEAN human rights commission with teeth!: accountable, effective and independent”.

For more information, please contact:

Yap Swee Seng, Asian Forum for Human Rights and Development (in Bangkok), +6681 868 9178, yap@forum-asia.orgThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Rafendi Djamin, Indonesia’s NGO Coalition on International Human Rights Advocacy (in Jakarta), +6281311442159, rafendi@hrwg.orgThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Sr. Cres Lucero, Task Force Detainees of the Philippines (in Manila), +632 437 8054, clucerosfic@yahoo.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Thun Saray, Cambodia Human Rights and Development (in Phnom Penh), +855 23 218653, adhoc@forum.org.khThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Sinapan Samydorai, Think Centre, (in Singapore), 6594791906, samysd@yahoo.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Future Use of Migrant Worker Remittances

2009-06-22T17:17:00.002+08:00

Written by David Soysa and first published in Sri Lanka Guardian (June 20th)

It is generally feared that many Sri Lankan migrants and their families will be the hardest hit by the current global recession, as they are paid low wages and given a low status. Domestic workers continue to be abused and exploited.

Like other developing countries, we too relied on migrant remittances, to service our debt repayments, stabilize foreign exchange reserves, and spur economic growth.

As with other countries a topic for urgent consideration today is how would the global recession affect ‘Decent Work for Migrants’ Juan Somavia, Director General – ILO in addressing the current crisis declared ‘Decent Work opportunities at home would pave the way for migration by choice not necessity.’
This implies a sacred responsibility on countries of origin to create decent jobs locally for their people and develop sustainable programmes at home for would be migrants.

It requires comprehensive action, aimed at providing training and skill formation for the majority of overseas job seekers as well as returnee migrants. Removal of “vulnerabilities” towards migrants would ensure their reintegration into communities left behind. For this purpose governments should provide skills upliftment and certification for those in search of overseas migration opportunities and Development Programmes as well as Micro-credit facilities, where necessary, to enable early re-entry to the national labour force on their return.

The liberation of the North and East Sri Lanka recently, from terrorism, presents further challenges and opportunities. Notwithstanding the many problems that inevitably surface, it gives an opportunity “to turn gun barrels into plough shears”.

The President of Sri Lanka remembered the large mass of Sri Lankan expatriates who left Sri Lanka since the regretted Black July episode and during the last few decades of war, invited them to return and participate as a responsible Diaspora in the development and growth of a neglected, yet once fruitful land, they owned as they left in a hurry.

To demonstrate the government’s commitments, the Central Bank offered the Diaspora community an opportunity to invest in Treasury Bills and Bonds with attractive rates of interest.

The Bank offered a bonus interest on NRFC savings accounts too. The use of worker remittances and diaspora inflows offer a critical opportunity to overcome several insidious effects of migration for overseas employment.

It is in this context that we wish to re-emphasize the significance of implementing fully provisions of the United Nations Convention on the Rights of Migrant Workers and Members of their Families ratified by Sri Lanka in 1996 which grants social, political and economic and cultural rights on all migrants.

The writer, Director, Migrant Services Centre (MSC)

A Weekly Day off is the Right of Foreign Domestic Workers (CARAM Asia Statement)

2009-06-19T14:52:00.001+08:00

As regional network, foreign and local domestic workers associations, trade unions, non-governmental organisations and community based organisations working on issues related to migrant workers, we welcome the recent move by the Malaysian government to provide a mandatory paid day off for foreign domestic workers (FDW).

As a major destination country within the region, the Malaysian government’s move to enforce a weekly paid day off for FDWs by incorporating the provision in the Employment Act by the end of this year is certainly a mark of social change. However if the Malaysian government wishes to protect the rights of FDWs, there is an urgent need for a more comprehensive measure. This can only be achieved by incorporating a mandatory standard contract into the Employment Act to address the specificity of domestic work, issues related to gender and the home as a private sphere.

While employers enjoy the benefit of at least a day off a week, the nature of domestic work usually means that most FDWs are on call for work twenty four hours a day and seven days a week. It is time that all levels of Malaysian society recognise the contribution FDWs make throughout society, by granting them the same labour rights and protection that is accommodated to any other worker who deserves a day’s rest from work for the sake of their physical and psychological well being.

As such we call on the Malaysian government to implement these initial changes to legislation as swiftly as possible. Furthermore, domestic workers must be given the choice between financial compensation or the day off and must not be compelled by employers to only take the compensation in place of the day off. FDWs must be empowered to have the choice.

FDWs are usually confined to their employer’s household and lack the means to access health services and legal redress mechanism should they face abuse. Due to the nature of home being viewed as simply a private sphere rather than as a place of work, domestic workers are isolated from public scrutiny. Perpetuators usually have little to fear from the criminal justice system. Unless the home is recognised as a workplace under these conditions and those employed within are protected in terms of their labour and human rights, the problem will continue and the abuses left unchecked.

Under existing legislation, domestic workers in Malaysia are defined as “servants” under the Malaysian Employment Act 1955, and as such they are currently excluded from regulations relating to such issues as rest days, hours of work, and termination benefits. As a “domestic servant” defined by the Employment Act, the domestic worker in Malaysia can only claim for unpaid wages in the labour courts.

The situation is further compounded by the fact that FDW are the lowest paid workers (especially Indonesians who constitute the majority of FDW) in the absence of a legal minimum wage. Yet, with their passports and other legal documents held by employers or agents, they risk arrest by the immigration services and RELA if they attempt to leave their employers to access the justice system. Moreover, the mechanisms there are in place, such as the government funded helpline, is inaccessible to FDWs who are constantly under the surveillance of their employer.

It is within this context that we call on the Malaysian government to incorporate a mandatory standard employment contract into the Employment Act according the same range of labour rights as any other workers. Any such measures must herein address the specificity and nature of their employment arrangement. We note with great concern that as the job description of the FDW is arbitrarily defined by employers, the current legal framework do not protect them from exploitation. In many cases, FDWs find themselves working not only in the employer’s house but also in the homes of employers’ relatives, restaurants and other business outlets owned by their employer. As a result, some FDWs have to work as long as sixteen hours a day, seven days a week without a break in a year.

Malaysia’s move to amend its domestic legislation would also mark a move to fall in line with international labour and human rights standards. The country has already committed to uphold human rights protections through its ratification of both the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). As such, the Malaysian government must acknowledge its commitment to this through its transference of these principles into domestic law with subsequent enforcement. Only then will their commitments to international obligations be met, and the rights of women and children be guaranteed under the law.

The General Comment 26 of the CEDAW Convention acknowledges that domestic work should be protected by labour laws and entitled to wage and hour regulations, health and safety codes, holiday and vocation leave regulations etc. This convention adopted by Malaysia also states that ‘these laws should include mechanisms by which to monitor the workplace conditions of migrant women…’ If the state can hold perpetrators of violence against women accountable for what they did in private homes, they must also monitor the working conditions of FDWs.

Malaysia has also ratified several ILO conventions, including the ILO Forced Labour Convention (No. 29), the Worst Forms of Child Labour Convention (No. 182), and the ILO Right to Organize and Collective Bargaining Convention (No. 98). As such, Malaysia has an obligation to protect the rights of workers as set forth in those treaties.

Next year, the International Labour Organization (ILO) will start working on the process of adopting a new standard for domestic workers that could possibly lead to a new specific Domestic Workers Convention. Therefore, if Malaysia can amend and make additions to domestic legislation on domestic workers, it will be a progression in line with the international community that will convene during the 2010 ILO Conference on Decent Work for Domestic Workers.

Therefore we reiterate our call that the government should:

Incorporate a comprehensive mandatory standard contract for domestic workers into the Employment Act without discrimination on the workers’ nationalities stating clearly terms and condition of work with well defined job scope, a minimum wage and prohibiting employers or agents to keep a domestic workers’ passport and any other personal legal documents. This contract spells out all the labour rights for FDWs in the Employment Act which would then be enforceable as part of the Employment Act.
Ensure the right to a paid day off for all domestic workers is enforced by the end of 2009 as announced by the Human Resources Minister.
Develop redress mechanisms for more effective accountability of non-State actors (employers, recruitment agencies, brokers) for violations against domestic workers.
This statement is written by:

CARAM Asia, a regional network representing 29 NGOs and CBOs across Asia with its secretariat based in Malaysia.

Endorsed by the organisations below in Malaysia:

Malaysian Trade Union Congress (MTUC)

TENAGANITA, Malaysia

Suara Rakyat Malaysia (SUARAM), Malaysia.

The Justice, Peace and Solidarity in Mission Office, The Good Shepherd Sisters

Women's Aid Organisation

Health Equity Initiatives, Malaysia

Endorsed by the organisations across Asia below:

Action for Health Initiatives (ACHIEVE), Inc, Philippines

Adaleh Center, Jordan

Asia Pacific Mission for Migrants (APMM), (a regional network)

Asian Migrants Coordinating Body (AMCB), Hong Kong

Association of Indonesian Migrant Workers in Macau

Association of Indonesian Migrant Workers in Jakarta

Association of Indonesian Migrant Workers in Hong Kong

Bahrain Center for Human Rights, Bahrain

CARAM Cambodia, Cambodia

Community Development Services, Sri Lanka

Committee for Asian Women (CAW) (a regional network)

Development Action for Women Network (DAWN), Philippines

Humanitarian Organization for Migration Economics (H.O.M.E.), Singapore

Human Development Organization(HDO), Sri Lanka

Mission For Migrant Workers - Hong Kong.

Migrante International

NIDS (Nepal Institute of Development Studies)

Ovibashi Karmi Unnayan Program(OKUP), Bangladesh

Solidaritas Perempuan (Women's Solidarity for Human Rights), Indonesia

St. John's Cathedral HIV Education Centre, Hong Kong

The Executive Commitee Members of Transient Workers Count Too, Singapore

United Indonesians Against Overcharging (PILAR), Hong Kong.

Endorsed by independent individuals below:

Eleanor C. Conda, Independent human rights advocate, Philippines

Russell Heng, Vice President, Transient Workers Count Too, Singapore

Shelley Thio, Executive Committee Member, Transient Workers Count Too, Singapore

72 Filipinos arrested in Saudi for 'gay' behavior (GMA News)

2009-06-19T14:50:00.001+08:00

MANILA, Philippines- Wearing drag at a private event may be harmless fun in many societies, but 72 Filipino men found out they could suffer imprisonment and lashing in Saudi Arabia for such activities after they were arrested for immorality recently.

An article in the Arabic news site www.sabq.org said several “deviants," a term used by Saudi Arabia ’s English-language media to describe people who engage in gay behavior, were rounded up during a concert inside a compound in an eastern Riyadh neighborhood.

The report quoted unnamed police officials as saying a "large number of foreign workers" were arrested in the incident, and 72 of them have Philippine citizenship.

Vice Consul Roussel Reyes of the Philippine Embassy in Riyadh told GMANews.TV by phone on Tuesday that they are still confirming the identities of the Filipinos and will seek their employers’ help to bail them out.

Open display of homosexual behavior is strictly prohibited under Saudi Arabia ’s Sharia’h law. In extreme cases, such as when the government feels that homosexuals are challenging state authority, the maximum punishment for the act is public execution.

Normally, however, other punishments such as fines, imprisonment, and whipping as alternatives. Individuals caught wearing even just one article of women’s clothing could face three to six months imprisonment, and suffer between 50 and 100 lashes with a rattan stick.

Reyes said nearly 50 other Filipinos have been arrested and jailed in the past for similar violations.

Only sponsors are able to bail out foreign workers who are imprisoned, as long as they provide assurance that the accused would show up in court during trial.

In August last year, Saudi Arabia ’s Commission for the Propagation of Virtue and Prevention of Vice arrested several Filipinos in a gay party in the country’s eastern province for "lewd behavior" as well as possession of drugs and alcohol. Arrested foreign nationals are often deported after serving their jail sentence. - GMANews.TV

Maids to get one day off, govt to make surprise checks

2009-06-17T09:42:00.002+08:00

The following article was written by Zalinah Noordin and was published in The Star on Wednesday 17th June;

PETALING JAYA: It would soon be compulsory for foreign maids to be given one rest day in a week, to be determined between the employer and the domestic servant as part of the compulsory employment contract, the Human Resources Ministry has decided.

Its minister Datuk Dr S. Subramaniam said that the Labour Department was currently drafting a standard employment contract for foreign maids to be used by prospective employers.

The standard contract, he said, would be furnished to the Immigration Department, which would have to verify adherence to its terms before approving any application for or renewal of visas for foreign maids.

The Labour Department will share with Immigration information on existing employers employing foreign maids.

The proposed move is part of measures which would be taken to improve the management of the employment of domestic servants and foreign domestic servants, Subramaniam said.

He said that the measures were necessary to handle the flood of exploitation and abuse cases involving foreign domestic servants.

“We have come up with measures to improve the foreign workers employment scenario in Malaysia.

These measures would be implemented “as soon as they have been approved by the Attorney-General within this year,” Subramaniam told reporters at a press conference after the ministry’s closed-door meeting with companies that employ foreign domestic servants at Wisma Pembangunan Sumber Manusia Berhad here on Tuesday.

Also at the meeting was the director-general of the Manpower Department of the Human Resources Ministry, Romli Hassan.

Surprise checks
The Labour Department will also make random enforcement visits to places where foreign maids are employed to check on their welfare and to ensure that all rules and terms of employment were adhered to.

The enforcement teams would include female officers, and this exercise will begin immediately, Subramaniam said.

“During the visits, if maids are found working other than where they are supposed to be employed, corrective action will be taken.

“This would include reporting to Immigration to take appropriate action against these employers, including withdrawing their permits,” he added.

Employers wishing to employ foreign maids must also furnish Immigration with a contract of employment which contains terms and conditions of services relating to wages, rest days and insurance coverage.

Subramaniam said that currently about 231,355 foreign maids reside and work in Malaysia.

Compulsory Weekly Day Off For Domestic Workers

2009-06-15T11:16:00.000+08:00

KUALA LUMPUR, June 9 (Bernama) -- Malaysian Trades Union Congress (MTUC) wants the government to declare a compulsory weekly day off for domestic workers to enable them to go to the Labour Department in case they need to report any mistreatment.

Referring to the case of Indonesian maid Siti Hajar who calimed that she was abused by her employer for the past three years, MTUC secretary-general G. Rajasekaran said this measure must be taken due to the rising reports of abuse, torture and inhumane treatment among foreign domestic workers.

"Compelling domestic workers to work 16 hours a day, seven days a week and 365 days a year is not illegal," he said, adding that this group of workers, numbering more than 300,000 throughout the country, were also not entitled to any legal protection.

"The only protection the workers have is that they can go to the Labour Department to complain about non-payment of monthly salaries, but without a weekly day off they are denied free movement," he said in a statement here Tuesday.

He urged the Human Resources Ministry not to turn a blind eye to these reports as thousands of foreign domestic workers in the country were made to endure beatings, poor living conditions, and suffer in silence.

Siti Hajar, 33, from west Java, who could no longer stand the abuses, fled from her employer's residence in Lanai Kiara Kondominium, Mount Kiara, yesterday.

She also claimed that she had not been paid any salary since the first month of her employment and the total salary due to her now stands at RM17,000.

The Indonesian ambassador here, Tan Sri Da'i Bactiar, told reporters yesterday that Siti Hajar was not only beaten but was only fed plain rice and occasionally with pork.

Civil Society Statement: Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia

2009-05-26T15:47:00.002+08:00

We, the undersigned, are alarmed to hear that Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, have died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis. is disease that is usually caused by exposure to water contaminated with the urine of infected animals, such as rodents, cattle, pigs, horses, dogs and wild animals. The fact, that 2 persons are dead and others have been infected by this disease, again highlights the state of hygiene, cleanliness and healthcare at Malaysian Detention Centres.

We recall that it was reported in the media in December 2008, it was reported that "About 1,300 illegal foreigners have died during detention in the past six years, Malaysia Nanban quoted Malaysian Human Rights (Suhakam) commissioner Datuk N. Siva Subramaniam as saying. He said many of them died in immigration detention centres, prisons and police lockups because they were denied medical treatment at the right time.” [Star, 18/12/2008, ‘1,300 foreign detainees died due to neglect’]. Now, Sa La Hin and Thang Hoih Ping may just be the latest additions to that list of detainees that ‘…died due to similar reasons.

We also recall the words of SUHAKAM in their response to the Asian Human Rights Commission (AHRC) dated 13/1/2009, that correctly stated that ‘…SUHAKAM views the denial of medical attention to the point of endangering one’s life as a serious violation of that person’s right to life….’

These deaths may have been avoided if medical attention was provided promptly, and we call for an independent public inquiry to determine whether there was such negligence on the part of the Ikatan Relawan Rakyat or better known as RELA (a People's Volunteer Corps), and the Immigration officers, who are currently responsible for Immigration Detention Centres in Malaysia.

We do appreciate the fact that the Director General of Immigration have now decided that ‘cleanliness and hygiene at immigration depots nationwide are to be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases’ (Bernama, 19/5/2009, Cleanliness, Hygiene at Immigration Depot to Be Stepped Up).

We hope that this is not merely a knee-jerk response, which is temporary in nature, but a new and permanent commitment by Malaysia to improve standards and conditions of Detention Centres and other places of detention.

The current once a week visit by a medical officer to the Detention Centres is certainly inadequate. There should be, at the very least, a permanent clinic/dispensary manned by a medical assistant, with a doctor visiting detainees for several hours at least once every two days or more frequently.

New users of the Detention facility should also be determined free from easily transmittable diseases like Tuberculosis and the A(H1N1) flu before being introduced to the general population of detention places.

There should also be regular visits by the Health Officer, who shall monitor the conditions, including of the living and sleeping environment, of the Detention Centre to ensure that it meets the highest standards of hygiene and cleanliness.

The food, and all aspects of food preparation, also needs to be monitored by the Health Department especially since there is a possibility that the fault in the recent deaths could be the current caterer of food and drink.

With regard to those who have died, we are of the opinion that their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants and/or the RELA volunteers, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia.

We are also call upon the Ministry of Health and the government of Malaysia to take necessary steps to ensure that proper steps be taken to ensure that such disregard for life does not happen again.

We reiterate the call for the abolition of RELA, and restate our position that law enforcement, and management of detention places should be done by professionally trained full-time public servants, not volunteers.

Signed by;

Action for Health Initiatives (ACHIEVE), Inc, Philippines

Action Network for Migrants (ANM), Thailand

All Women's Action Society (AWAM), Malaysia

Alternative ASEAN Network on Burma

Asia Pacific Forum on Women Law and Development (APWLD)

Asia Pacific Mission for Migrants (APMM), Hong Kong

Asia-Pacific Solidarity Coalition (APSOC)

Asia Pacific Workers Solidarity Link (APWSL), Korea

Asian Forum for Human Rights and Development (FORUM-ASIA)

Asian Migrants' Coordinating Body - Hong Kong (AMCB-HK)

Assistance Association for Political Prisoners ( Burma )-AAPP

Association of Indonesian Migrant Workers (Asosiasi Tenaga Kerja Indonesia )

Bahrain Center for Human Rights

Bar Council Human Rights Committee , Malaysia

Bar Council's Legal Aid Centre , Malaysia

BAYAN USA

Building and Wood Workers International, Asia Pacific Regional Office

Burma Campaign Australia

Burma Campaign , Malaysia

Burma Campaign UK

Burma Centre Delhi (BCD)

Burma's Nationalities Association (BNA)- Norway

Burma Partnership

Cambodian Women's Crisis Center , Cambodia

Canadian Friends of Burma (CFOB)

CDS (Community Development Services), Sri Lanka

Center for Migrant Advocacy, Philippines

Center for Indonesian Migrant Workers - CIMW – Indonesia

Center for Orang Asli Concerns (COAC), Malaysia

Centre for Public Policy Studies (CPPS), Malaysia

Chin Human Rights Organization

Civil Society Committee of LLG Cultural Development Centre (LLGCSC) Columban Center for Advocacy and Outreach ( USA )

Commission For Filipino Migrant Workers (CFMW) - The Netherlands

Committee for Asian Women (CAW)

Coordination of Action Research on AIDS & Mobility (CARAM - Asia )

Democratic Party for a New Society (DPNS), Burma

Development Action for Women Network (DAWN), Philippines

Empower Foundation, Thailand

Ethnic Nationalities Council

FIDH - International Federation for Human Rights

Filipino Migrant Workers' Union - Hong Kong (FMWU)

Forum for Democracy in Burma

Foundation for Education and Development (Formerly, Grassroots HRE ( Burma )

Free Burma Coalition - Philippines (FBC-Phils)

Free Burma Campaign , South Africa

Friends of Burma , Malaysia

Global Alliance Against Traffic in Women (GAATW)

HAKAM - National Human Rights Society , Malaysia

Health Equity Initiatives, Malaysia

H.O.M.E. (Humanitarian Organization for Migration Economics), Singapore

Hope Workers’ Center , Taiwan

HRWG - Indonesia 's NGO Coalition for International Advocacy

Hsinchu Catholic Diocese Migrants and New Immigrants Service Center , Taiwan

Human Rights Foundation of Monland

IMPARSIAL, the Indonesia Human Rights Monitor, Jakarta – Indonesia

INFID (International NGO Forum on Indonesian Development)

Initiatives for International Dialogue (IID)

Institute for National and Democratic Studies ( INDIES )

International Migrant Foundation-Banglade sh

Kachin Women's Association Thailand

KAFIN Migrant Center, Japan

KAFIN - Saitama , Japan

Kayan National Development Foundation (KNDF)

Khmer Kampuchea Krom Human rights Organisation (KKKHRO), Cambodia

Labornet Korea

Labour Resource Centre , Malaysia

Legal Support for Children and Women (LSCW), Cambodia

LHRLA (Lawyers for Human Rights & Legal Aid), Pakistan

MADPET (Malaysians against Death Penalty and Torture)

Malaysian Trade Union Congress (MTUC)

Mekong Migration Network (MMN)

Migrant CARE, Perhimpunan Indonesia untuk Buruh Migran Berdaulat

Migrant Forum in Asia (MFA)

MIGRANTE Europe

MIGRANTE Middle East

MIGRANTE International

MIGRANTE - Nagoya

MIGRANTE - UAE

Mindanao Migrants Center for Empowering Actions, Inc. (MMCEAI)

Myanmar Ethnic Rohingyas Human Rights Organization Malaysia (MERHROM)

National Democratic Party for Human Rights(NDPHR) (exile),SEA Regional Office

National League for Democracy [NLD (LA)], Malaysia

National Institute for Electoral Integrity (NIEI), Malaysia

National Network for Immigrant and Refugee Rights, U.S.

Network for Democracy and Development, Thailand

Network of Action for Migrants in Malaysia (NAMM)

New Zealand Burma Support Group

NY Committee for Human Rights in the Philippines

OKUP (Ovibashi Karmi Unnayan Program), Bangladesh

Osan Migrant Workers Center in South Korea

Overseas Mon Coordinating Committee (OMCC)

Pakistan Rural Workers Social; Welfare Organization

Palaung State Liberation Front (PSLF)

Parti Keadilan Rakyat (PKR)

Parti Rakyat Malaysia (PRM)

Peoples Service Organization (PSO), Malaysia

Persatuan Kesedaran Komuniti Selangot (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS), Malaysia

Persatuan Sahabat Wanita, Selangor

Platform of Filipino Migrant Organisations in Europe - The Netherlands

POURAKHI, Nepal

Pusat KOMAS, Malaysia

Raks Thai Foundation , Thailand

Rohingya Youth Development Forum (RYDF), Malaysia

Shan Refugee Organization Malaysia (SRO)

Shan Women's Action Network (SWAN)

Shwe Gas Movement

Solidaritas Perempuan, Indonesia

St. John's Cathedral HIV Education Centre, Hong Kong

Suara Rakyat Malaysia (SUARAM)

Tenaganita, Malaysia

The Foundation for the Health and Knowledge of Ethnic Labour (MAP)

The Justice, Peace & Solidarity in Mission Office, The Good Shepherd Sisters

The Micah Mandate

Transient Workers Count Too, Singapore

United Filipinos in Hong Kong (UNIFIL-MIGRANTE- HK)

U.S. Campaign for Burma

WARBE Development Foundation - Bangladesh

Women's Aid Organisation (WAO), Malaysia

Women's League of Burma

Workers Hub for Change (WH4C)

Yaung Chi Oo Workers Association (YCOWA), Thailand

Background Information: Weblinks for Audio Lectures

2009-05-11T12:02:00.000+08:00

Please find below a series of talks related to the field on migration.

(1) Remittances: Here Dilip Ratha, lead economist at the World Bank, leading scholars and migrants talk about the current use of remittances in the world today.
http://peoplemove.worldbank.org/en/content/a-commendable-web-anthology-on-remittances

(2) Fighting the spread of HIV:
Here is a discussion taken from Radio Australia (February 24, 2009) under the title 'financial meltdown could hit funds for fighting HIV/AIDS.' There are concerns that global financial crisis could make governments more cautious about spending the large sums necessary that are needed for fighting HIV/AIDS. The last ten years have seen a war declared on HIV, tuberculosis, and malaria. But it's only been possible because rich nations have pledged vast sums of money. Now, the managers of the Global Fund say the combined US$600million in assistance to the Pacific and Indonesia is far from enough.
http://www.radioaustralia.net.au/connectasia/stories/200902/s2499918.htm

(3) Modern Enslavement of Migrant Domestic Workers by Foreign Diplomats in the United States by American Civil Liberties Union (2009)
Here you can listen to podcasts by FDW’s talking about their own experiences and the problems that they face under current legislation. Current law in the United States grants foreign diplomats immunity from civil actions and criminal prosecution under U.S. law;

Diplomatic immunity bars domestic workers from claiming their legal rights in court and, as a result, gives diplomats a free pass to mistreat domestic workers deliberately and without penalty. Domestic workers — who are most often women from poor countries — are led to believe that, in coming to the United States to work for diplomats, they will have good jobs with benefits and they will enjoy the protection of U.S. laws. Instead, too often, domestic workers find themselves in abusive, slave-like conditions and discover that their so-called rights are unenforceable
Link: http://www.aclu.org/womensrights/employ/domesticworkers.html

CARAM Asia: Enforce Universal Migrant Protection

2009-05-11T10:52:00.000+08:00

As the international community seeks to mark the achievements of workers throughout the world, CARAM Asia calls on all governments to recognise their responsibility to migrants within their borders and to immediately sign and ratify legislation to guarantee the demographic. Whilst governments and corporate entities continually profit from the use of cheap unskilled labour, migrant workers are frequently denied the most basic labour, health and social rights and are discriminatory practises.

As the current financial crisis continues to take hold on the global economy, migrant workers frequently find themselves one of the most vulnerable demographics to the economic downturn. Bound by short term contracts and a lack of legal protective mechanisms, migrants around the world are now being retrenched in the millions as governments seek to protect their national employment rates. Malaysia among others, has continued to deny foreign workers any reasonable form of compensation for their repatriation. It is within this context that we, alongside the IOM and other migrant groups, continue to warn of the likelihood in the expected rise of xenophobic discrimination against foreign workers. Coupled with this is the fact that countries of origin continue to lack either the will or the means of implementing safety mechanisms to reduce poverty rates in line with the decrease in remittances.

Even in times of economic normality, the nature of migrant’s employment characterised by 3D (dirty, difficult and dangerous) means that they are continually denied access to legal protection or even the basic employment entitlements. Many host countries throughout the world such as the six states that make up the Gulf Coordinating Council (GCC) continually enforce exploitative systems that remove government oversight and thus accountability from the terms of employment and instead places the migrant under the direct control of the employer. This is particularly notable for foreign domestic workers become increasingly vulnerable to abusive treatment due to their gender and a lack of freedom of movement. In the case of sexual or frequent abuse, the domestic worker lacks any means of legal redress or access to the state apparatus and resulting in the perpetrator frequently escaping justice.

The health of migrants continues to be hugely neglected area. According to the leading international bodies such as UNAIDS, migrants remain one of the most at risk populations (MARP) susceptible to HIV infection in the world today. It is unfortunate however, that many governments seek to implement outdated measures such as mandatory testing which continue to show little if any effective means of containing the virus. Moreover, this mode of mentality further identifies HIV/AIDS as a foreign problem and therefore educes both complacency in national prevention programes as well as hostility towards foreign workers. It is important to note that for this very reason, the World Health Organisation (WHO) continues to campaign against the use of HIV travel restriction both for short and long term stay.

While the international community has a crucial role to play addressing these areas of these vitally important issues but it is unfortunate to note that the past year has shown little substantive change. One example of this is the fact that the main international conference in the field of migration known as the Global Forum on Migration and Development (GFMD) continues to reduce the role of migrants as a commodity while failing to implement any rights based frameworks with their territories. In order to implement real substantive change in this regard, it is crucial that governments work closely with Civil Society groups in order to allow the voices of migrants to be heard.

In light of all of these issues that CARAM Asia calls on all governments to;
- Immediately sign and ratify the International Convention on the Protections of Migrant Workers and Members off their Families
- Remain committed to the HIV/AIDS Universal Access Plan 2010
- Eliminate all HIV Related Travel Restrictions including mandatory testing
- For applicable governments to remain committed to the Durban Conference principles and to implement safeguards that remove xenophobic treatment of migrant workers within their borders.
- Proper pre-departutre training supplying information to
- Elimination of exploitative sponsorship systems such as the Kafala system as used in GCC countries

CLIMATE CHANGE & MIGRATION

2009-04-15T14:59:00.000+08:00

Key Facts:
* 3,351 of the world’s cities are located in what’s known as the ‘low elevation costal zone’ less than 10 meters above the sea level.

* A billion people - one in seven people on Earth today - could be forced to leave their homes over the next 50 years as the effects of climate change worsen an already serious migration crisis.

* Around one-fifth of the planet's population inhabits coastal zones which are threatened by rising sea levels and natural disasters.

* Almost two billion Asians live within 35 miles of a coast and many of them are likely to be threatened by rising sea levels.

* About 155 million people are known to be displaced now by conflict, natural disaster and development projects. This figure could be augmented by as many as 850 million, as more people are expected to be affected by water shortages, sea level crises, deteriorating pasture land, conflicts and famine.

* Intergovernmental Panel on Climate Change (IPCC) report - 2080, 1.1-3.2 billion people would be experiencing water scarcity, 200-600 million hunger and 2-7 million a year coastal flooding.

* That’s environmental researcher Alex deSherbinin of Columbia University: It’s a bit like a massive uncontrolled experiment

* Norman Myers of Oxford University has estimated climate change will increase the number of environmental refugees six-fold over the next fifty years to 150 million. The UN University's Institute for Environment and Human Security predicts that by 2010, there will be 50 million 'environmentally displaced people', most of whom will be women and children.

* At the CSIRO's Greenhouse 2009 conference in Perth, Climate Change Minister Penny Wong announced Australia would spend $20 million to help its neighbours in the Pacific and East Timor better understand how climate change would affect them, as part of a broader $150 million commitment to meet high-priority climate adaptation needs in vulnerable countries in our region.

* This is reminiscent of a recent Guardian investigation revealing that although $18 billion had been pledged globally to assist poor countries adapt to climate impacts, only $900 million had been forthcoming.

* Around 22 million people of Bangladesh would be displaced due to climatic change by 2050. According to the United Nations Environment Programme (UNEP) they are ecological and environmental refugees, climate refugees, climate change migrants, and environmentally induced forced migrants though the term is objectionable.

Location Breakdown
* Central Asia
Trouble ahead. The authoritarian regimes of the region will become increasingly important because of mineral wealth. But climate change means water shortages are already being felt. Kyrgyzstan has lost 1,000 glaciers over the past 40 years, while Tajikistan's glaciers have shrunk by one third. Farming and power generation are already being hit by water shortages.

* Middle East
Water systems are already under intense stress, with around two-thirds of the Arab world dependent on water sources beyond their borders. Water supply might fall by 60% this century in Israel. Significant decreases expected to hit Turkey, Iraq, Syria and Saudi Arabia, further destabilising the "vitally strategic region".

* South Asia
Almost two billion Asians live within 35 miles of a coast and many of them are likely to be threatened by rising sea levels. Damage to farming will make it difficult to feed rapidly swelling populations. Another billion people will be affected by a drop in meltwater from the Himalayas. These vulnerable populations will also be exposed to an increase in infectious diseases.

Taken From: http://www.guardian.co.uk/environment/2008/mar/10/climatechange.eu
EU told to prepare for flood of climate change migrants, by Ian Traynor, 10th March 2008

International Organisation for Migration (IOM) Perspective:
Environmental factors have long had an impact on global migration flows, as people have historically left places with harsh or deteriorating conditions. However, the scale of such flows, both internal and cross-border, is expected to rise as a result of accelerated climate change, with unprecedented impacts on lives and livelihoods. Such migration can have positive and negative effects on both the local coping capacity and the environment in areas from which these migrants originate, as well as in their temporary or permanent destinations.

In the cross-cutting area of migration, climate change and environmental degradation, IOM addresses linkages between the environment and climate change on the one hand, and human settlement and population movement on the other from a human mobility perspective.

Migration, climate change and environmental degradation are interrelated. Just as environmental degradation and disasters can cause migration, movement of people can also entail significant effects on surrounding ecosystems. This complex nexus needs to be addressed in a holistic manner, taking into account other possible mediating factors including, inter alia, human security, human and economic development, trade, livelihood strategies and conflict. Migration often seems to be misperceived as a failure to adapt to a changing environment. Instead, migration can also be an adaptation strategy to climate and environmental change and is an essential component of the socio-environmental interactions that needs to be managed. Migration can be a coping mechanism and survival strategy for those who move. At the same time, migration, and mass migration in particular, can also have significant environmental repercussions for areas of origin, areas of destination, and the migratory routes in between and contribute to further environmental degradation.

Migration and Climate Change, International Organization for Migration, 2008.
The available science, summarized in the latest assessment report of the IPCC, translates into a simple fact; on current predictions the “carrying capacity” of large parts of the world will be compromised by climate change. The meteorological impact of climate change can be divided into two distinct drivers of migration; climate processes such as sea-level rise, salinization of agricultural land, desertification and growing water scarcity, and climate events such as flooding, storms and glacial lake outburst floods. But non-climate drivers, such as government policy, population growth and community-level resilience to natural disaster, are also important. All contribute to the degree of vulnerability people experience.

The problem is one of time (the speed of change) and scale (the number of people it will affect). But the simplistic image of a coastal farmer being forced to pack up and move to a rich country is not typical. On the contrary, as is already the case with political refugees, it is likely that the burden of providing for climate migrants will be borne by the poorest countries—those least responsible for emissions of greenhouse gases. Temporary migration as an adaptive response to climate stress is already apparent in many areas. But the picture is nuanced; the ability to migrate is a function of mobility and resources (both financial and social). In other words, the people most vulnerable to climate change are not necessarily the ones most likely to migrate.

Intergovernmental Panel on Climate Change (IPCC) : -
In 1990, the Intergovernmental Panel on Climate Change (IPCC) noted that the greatest single impact of climate change could be on human migration, with millions of people displaced by shoreline erosion, coastal flooding and agricultural disruption. Since then, various analysts have tried to put numbers on these flows of climate migrants—the most widely repeated prediction being 200 million by 2050. One study published by the International Organisation for Migration's Migration Research Series (no.31) and developed from a thematic paper originally written for the 2007/2008 Human Development Report of the UNDP. The study points out the scientific basis for climate change is increasingly well established, and confirms current predictions as to the `carrying capacity' in large parts of the world will be compromised by climate change. But although it is defined as a growing crisis, the consequences of climate change for human population are unclear and unpredictable.

V.O. Kolmannskog. Norwegian Refugee Council, 2008
With the certainty of global warming, the term ‘climate refugees’ is gaining popularity in public discourse. The term climate refugees implies a mono-causality that one rarely finds in human reality. No one factor, event or process, inevitably results in forced migration or conflict. It is very likely that climate change impacts will contribute to an increase in forced migration. This report considers the different factors that force migration and how climate change has impacted on these issues. The author highlights how forced migration can be triggered by environmental conflicts over already scares resources of water and land.

The report highlights how governance and the role of the state are often crucial factors. In fact, cooperation rather than conflict may be the response to some environmental challenges. Resorting to quick-fix solutions of new laws and policies often fulfills an action function, the need to be seen to act, but closer consideration of the existing prevention and protection possibilities may prove helpful before new measures are enacted.

The author argues that existing law and protection possibilities should be further investigated to identify and address potential protection gaps. An approach similar to the one taken with regard to IDPs, with the creation of the Guiding Principles, could be considered. The root causes of climate migration must also be addressed adaptation to climate change in developing countries must be made a top priority along with mitigation. Alongside more typical information and infrastructure measures, addressing general factors of forced migration and conflict can contribute to vulnerability reduction and adaptation. Additional recommendations include:
• many of the forced migrants may be included in already existing categories of protected persons, but they may need to be made more visible and recognised within the categories
• for the internally displaced persons in general there is still a severe protection deficit that must be better addressed
• when it comes to the island states that risk becoming submerged, some sort of regulation or agreement on a regional or international level should be considered
• financial resources must also be made available for countries to deal with problems of climate change-related displacement.
Climate Change and Displacement, Forced Migration Review, Special Issue, October 2008.
In response to growing pressures on landscapes and livelihoods, people are moving, communities are adapting. This issue of FMR debates the numbers, the definitions and the modalities – and the tension between the need for research and the need to act. Thirty-eight articles by UN, academic, international and local actors explore the extent of the potential displacement crisis, community adaptation and coping strategies, and the search for solutions.

Internal Displacement, Human Rights, and Development, Elizabeth Ferris, Brookings-Bern Project On Internal Displacement, 18-19 August 2008.
Here the author argues that in order to understand global migration, we need much more emphasis on the movements of people within their national borders. There are about 200 million international migrants worldwide – and 200 million internal migrants in China alone! There is a similar disparity in looking at those displaced by conflict. There are an estimated 11.4 million refugees in the world while 26 million people are internally displaced by conflict, not including those displaced by natural disasters and development projects who are estimated to be a far larger number. I want to stress the importance of looking at migration and displacement through a human rights lens.
Conflicts fuelled by climate change causing new refugee crisis, warns UN, Julian Borger, The Guardian, 17 June 2008.
Climate change is fuelling conflicts around the world and helping to drive the number of people forced out of their homes to new highs, the head of the UN's refugee agency said yesterday. After a few years of improvement, thanks mainly to large-scale resettlement in Afghanistan, the numbers of civilians uprooted by conflict is again rising. During 2007 the total jumped to 37.4 million, an increase of more than 3 million, according to statistics published today. The figures, described as "unprecedented" by the UN, do not include people escaping natural disasters or poverty - only those fleeing conflict and persecution. But Antonio Guterres, the UN high commissioner for refugees, said that climate change could also uproot people by provoking conflicts over increasingly scarce resources, such as water.

In an interview with the Guardian, Guterres said: "Climate change is today one of the main drivers of forced displacement, both directly through impact on environment - not allowing people to live any more in the areas where they were traditionally living - and as a trigger of extreme poverty and conflict."
As climate change, a global economic slowdown, conflict and persecution fuelled each other, it would be increasingly hard to categorise those on the run.

"What we are witnessing is a trend in the world where more and more people feel threatened by conflict, threatened by their own government, threatened by other political, religious ethnic or social groups, threatened by nature and nature's retaliation against human aggression - climate change is the example of that. And also threatened by ... a slowdown in global growth, plus structural change in energy and food markets," Guterres said.
Future floods of refugees, Vikram Odedra Kolmannskog, Norwegian Refugee Council, April 2008.
From a forced migration perspective, the term is flawed for several reasons. The term “climate refugees” implies a mono-causality that one rarely finds in human reality. No one factor, event or process, inevitably results in forced migration or conflict. It is very likely that climate change impacts will contribute to an increase in forced migration. Because one cannot completely isolate climate change as a cause however, it is difficult, if not impossible, to stipulate any numbers.
It is likely that developing countries in lower latitudes will continue in the near future to be the hotspots in several senses of the word. Faced with climate change, there may be some increase in planned migration that is longer-distance, longer-term and more permanent. Increased urbanisation with the possibility of secondary migration can also be expected. But most of the forced migration and conflict related to climate change, is likely to remain internal and regional. While the developed countries bear the main responsibility for climate change, one could question whether the dynamics of climate change, conflict and forced migration can and should be portrayed as a threat image of masses of refugees flooding over western borders. The sad truth is that there will be real floods, and if nothing changes, many of the affected will have little choice but to return and risk further flooding.

From a legal point of view the term climate refugees is also inaccurate. Resorting to quick-fix solutions of new laws and policies often fulfils an action function, the need to be seen to act, but closer consideration of the existing prevention and protection possibilities may prove helpful before new measures are enacted.
Making Sense of Climate Change, Natural Disasters, and Displacement: A Work in Progress, Elizabeth Ferris, Brookings-Bern Project On Internal Displacement, Calcutta Research Group Winter Course, December 2007.
It seems fairly certain that climate change has the potential to displace more people by increasing the frequency and severity of natural disasters, particularly hydrometeorological events. It is also likely that most of those displaced by these types of events will remain within their country’s borders.
If we are to demonstrate a causal connection between environmental change and displacement, we need to demonstrate that migration increases when environmental degradation gets worse and those studies simply don’t exist.
The relationship between climate change and slow-onset disasters is more complex and further work is needed to explore the relationship between poverty, climate change, and displacement.
Preparing for a warmer world: Towards a global governance system to protect climate refugees, Frank Bierman and Ingrid Boas, Global Governance Working Paper No 33, November 2007.
We outline a blueprint for a global governance architecture for the protection and voluntary resettlement of climate refugees. .. Key elements of our proposal are a new legal instrument specifically tailored to the needs of climate refugees.
Climate Change and Forced Displacements: Towards a Global Environmental Responsibility? The Case of the Small Island Developing States (SIDS) in the South Pacific Ocean, François Gemenne, Les Cahiers du CEDEM, Université de Liège, January 2006.
Using the case of Tuvalu as a starting point, this paper tries to imagine which means of international cooperation could provide a new global public good : the protection of climate change ‘refugees’

For more information please visit:

Official Website for United Nations Climate Change Conference December 7 -18 2009 http://en.cop15.dk/

Oli Brown, IOM, 2008 report ‘Migration and Climate Change’ http://www.iisd.org/publications/pub.aspx?id=954
Links to Reports
(1) V.O. Kolmannskog. Norwegian Refugee Council, 2008
http://www.eldis.org/go/display&type=Document&id=40780

International Organisation for Migration's Migration Research Series (no.31) originally written for the 2007/2008 Human Development Report of the UNDP: "Fighting Climate Change: Human Solidarity in a Divided World." Or here: www.iom.int/jahia/Jahia/cache/offonce/pid/1674?entryId=17120)

Environmental Migration – Summary Analysis of the Process, Robert Stojanov, Clean Environment For All. 2nd International Conference on Environmental Concerns: Innovative Technologies and Management Options. United Nations Environment Programme, Xiamen, Čína, str. 466-475
http://www.vos.cz/imdr/documents/ENVIRONMENTAL_MIGRATION-SUMMARY_ANALYSIS_OF_THE_PROCESS.pdf

(4) International Organisation for Migration (IOM) http://www.iom.int/jahia/Jahia/pid/2068
Experts Say Climate Change Drives Migration in Sub-Saharan Africa / Nancy Palus
Dakar / 20 March 2008
http://www.voanews.com/english/archive/2008-03/2008-03-20-voa33.cfm?CFID=166569354&CFTOKEN=35117017&jsessionid=66304e1e25130dc78ed651182c451ccd6c20

First wave of 'climate refugees' on the seas / James Norman
http://business.theage.com.au/business/first-wave-of-climate-refugees-on-the-seas-20090409-a1ij.html?page=2

Climate change: 22m Bangladeshis to be affected
http://nation.ittefaq.com/issues/2009/04/05/news0945.htm

Climate change to force mass migration• 1bn likely to be displaced by 2050, says report • Environmental factors will exacerbate existing crisis: John Vidal, environment editor The Guardian, Monday 14 May 2007
http://www.guardian.co.uk/environment/2007/may/14/climatechange.climatechangeenvironment