MTUC needs to reclaim the respect of this government, and as such November 3 is very important

It is interesting how Malaysia's BN government seems to be ignoring MTUC and workers of Malaysia. The threat to have a nationwide picket on 3/11/2011 seem not to evoke any response from the government. Compared to the BERSIH's protest or the HINDRAF's or the REFORMASI, the response of the Malaysian government seem to be 'silent ignoring' of yet another mass rally in Malaysia. 

Why? Maybe, the Malaysian government do not believe that the MTUC and/or the trade union movement is a threat - and that they have become a toothless tiger with no capacity to bring large number of workers sufficient for the government to sit up and take notice... but MTUC, the big organization with over 800,000 members is not to looked down - they have chosen to be 'diplomatic' choosing to resolve issues through negotiations in closed door meetings with the government for a long time, and even just getting a small representation of about 200 for its last protest at the Parliament on 3/10/2011, but maybe now this sleeping giant will wake up and show this government that they indeed do have 'teeth' and should be given due respect by the BN government and the Human Resource Minister. 

[Remember the HR Minister pushed for the amendments in reliance of one alleged request of one dying trade union(NUPW), which maybe may have 10,000 members, a requests made sometime in 1997 which really is about something else - without even considering that MTUC was strongly against it. (see Employment Amendments - All about making labour suppliers employers - not about protecting 'contract worker' rights]

What the Minister did was a slap on the face of workers and the MTUC - in fact, based on earlier reports, this HR Minister allegedly told MTUC that there is still time and that he will move the Bill only at the end of the month, and then pushed it through 3 days later..see Said end of the month, but on 6/10/2011 they passed Employment (Amendment) Bill 2011]

MTUC needs to reclaim the respect of this government, and as such November 3 is very important. If MTUC nationwide protests only see small numbers then all may be lost - and in the eyes of this government, MTUC, trade unions and workers will remain a 'toothless tiger'. I would look at what happened over the years that has reduced the workers and the trade union movement to their current state - showing the role the government played in this.

It is essential now that MTUC goes to ground and mobilize significant number of workers, not just members of their member unions but all workers (including future workers0 for MTUC is still the de facto leader and representative of all workers in Malaysia...and that is over 10,000,000 workers...Time is running out and MTUC needs to mobilize...All the different factions must put aside their differences and come together to defeat this amendment which would lead to discrimination, affect workers rights, and certainly further weaken unions in Malaysia.

MTUC warns Najib labour law battle will go on to polls

By Shannon Teoh

October 28, 2011

MTUC members protest amendments to the Employment Act, outside Parliament in Kuala Lumpur, October 3, 2011. — Picture by Choo Choy May

SUBANG JAYA, Oct 28 — The Malaysian Trades Union Congress (MTUC) warned Datuk Seri Najib Razak today that the votes of 5.7 million workers “could decide matters” on polling day unless labour law changes that could affect job security and workers’ rights are withdrawn. 

The umbrella body, which comprises 390 of the 692 labour unions and a total of 802,323 members, said in a press conference today that “we are non-partisan, but our battle will have to go on” against amendments to the Employment Act passed on October 6 which it has called “a return to slavery.”

“We call on the prime minister to hear our calls that have become shouts and screams on behalf of 5.7 million voters. There are 5.7 million workers who are registered workers. That is our signal to him,” general secretary Abdul Halim Mansor told reporters today.

The MTUC affirmed today that its nationwide picket in at least 20 locations on November 3 continues “an ongoing action” against legislation that it says will “green light investors to hire Malaysians as contract workers instead of permanent staff.”

It said this will encourage companies to outsource more of labour requirements, handing over responsibility over rights and benefits such as social security and Employees Provident Fund (EPF) contributions to third-party contractors who “can escape easily when business goes bad.”

The MTUC had first protested the amendments on October 3, drawing hundreds of workers to the gates of Parliament.

Najib tabled his Budget 2012 proposals earlier this month that provided cash handouts and an extra one per cent employers’ contribution to the pension fund for those earning up to RM5,000 a month, which covers most of MTUC’s members.

His government has also promised to implement a minimum wage policy by end-2011 but Pakatan Rakyat (PR) have already pledged a national minimum of RM1,100 and support for the union’s protest against labour law changes.

Najib is expected to hold a general election soon, after announcing RM4.5 billion in direct assistance to citizens and pay hikes for some 1.3 million civil servants for next year’s Budget. - Malaysian Insider, 28/10/2011, MTUC warns Najib labour law battle will go on to polls

3rd November MTUC's national picket - Should it just be MTUC or should others come out in support as well?

The issue surrounding the proposed amendments to the Employment Act is a matter of concern of all persons concerned with justice and human rights, not just the existing workers and/or the unions but also the families of workers now and in then future.

The government of Malaysia attempts to distract us from the real consequences of  the said amendment - claiming it is for the protection of workers, i.e. the contract workers. Well, this is not correct because the Malaysian Employment Act and other labour laws in Malaysia already sufficiently protect all workers - including contract workers (long-term and short term contract workers).

Now, any employer is already duty bound to inform the relevant labour department and agency when they do employ any worker, be they long-term contract workers, short-term contract workers, 'temporary' contract workers, local or migrant workers. They are also obligated to keep a register of all workers.

For local workers, additionally there is the need to inform the Income Tax Department, Employees Provident Fund(EPF) and SOCSO (Social Security Agency). Similarly, with foreign (or migrant workers) likewise, there is an obligation to inform the Workmen's Compensation and also get these workers the necessary insurances under the Workmen's Compensation Act, and more recently those contested medical/hospitalization insurance. The fact that employers are breaking the law - by non-compliance with existing law, including non-payment of agreed wages, wrongful deduction of wages, non-payment of other work benefits like overtime, work on rest-day/public holiday is a failure of enforcement on the part of the Malaysian government.

The real intention of the new amendments is to make 'labour suppliers'/contractors for labour/outsourcing agents into employers - hence the worker will end up being 'employees' of these 3rd parties - not the factories, plantations and other workplaces where they really do work. This intention was clear in the 2010 amendment, which clearly included this in the proposed amendment of the meaning of employer, which have been left out in the 2011 amendment, but by virtue of the proposed new section 33A has the same effect ...

33a. (1) A contractor for labour who intends to supply or undertakes to supply any employee shall register with the Director General in the prescribed form within fourteen days before supplying the employee.

Now, if the word used was not 'employee' but worker - then it may be alright, and better still if it is reenforced by the clear statement that the workers, thereafter become the employees of the principal (the factory,plantation, workplace, the end-user, the owner-operator). The government's worry that employers may not register their employees as required by law may require private employment agencies and/or 3rd party labour suppliers to inform the government when workers are being supplied could have been an additional mechanism for the government to thereafter catch employers who try to evade the law by not disclosing the names and details of their new employees... Yes, it can be just an 'additional mechanisms' - but really should that now be inserted in the Private Employment Agencies Act - not the Employment Act. Note, currently there is no law that regulates these new 'outsourcing agents' (these are really companies that received 'outsourced work' but those that in practice is supplying workers to principals). In my opinion, there is no need to create any new 'labour supply' companies - they should all fall under the Private Employment Agencies Act. This Act may require to be amended to cover migrant workers, and provide a schedule of fees payable by employers when they get migrant workers from these private employment agencies.

The government says that this amendment is being pushed through, despite the protest/objections of the MTUC that represents almost 800,000 unionized workers and is the de-facto representative of all other workers in Malaysia, by reason of the request of just one union, the National Union of Plantation Workers(NUPW) is so wrong. Government should not listen to just one union, and justify their actions. Now, the NUPW is allegedly a dying union, once maybe the biggest union in Malaysia, who apparently is now 'dormant' and have not been active in the MTUC for the past 10-15 years, whose membership now could be about 10,000 members only. I could not even find the NUPW website or blog, and the recent news items revealed

THE Malaysian Anti-Corruption Commis-sion (MACC) is set to investigate the National Union of Plantation Workers (NUPW) for alleged misapproriation of funds back in the 1980s, said Makkal Osai. - Star, 2/2/2011, MACC set to probe NUPW, says unionist

MTUC declares itself to be apolitical, and that is right for it should never be seen to be in 'blind' support of any political party, be they the current ruling BN or the Opposition party for its objective must all be to fight for the best interest of workers and trade unions. In this fight, while being 'apolitical' it must always welcome support and solidarity actions from all parties, not just political parties, who are fighting also for the good and welfare of workers in Malaysia. 

The MTUC has announced a nationwide picket on 3/11/2011 - and I hope that its leadership and member unions are currently running all over the country briefing, creating awareness and lobbying support for this publicly declared action. {It was depressing to see that the 3/10/2011 protest only was attended by about 100}. Alas, in the media or in MTUC's own website there is almost no information of the activities. As far as the mainstream media is concerned, it is to be expected as media agencies, many of which politically controlled and/or owned, being more inclined to be pro-government and/or pro-employer, may not carry any such news about worker struggles and/or actions by the union that goes against its position - which now seems to be to 'railroad' these pro-employer proposed amendments as fast as it can.

I believe that all justice loving Malaysians, and all members of  the global community of people must come forward NOW to stop these amendments from going through. If something becomes law in Malaysia, it takes a real long struggle to get it repealed...a real long time during which time workers will suffer and their unions made ineffective, weakened or even killed..

To pacify opponents to amendments, the government(or some of its officers) have allegedly been saying in private things like:---

a) That it is the principal, i.e. the factories, plantations, workplaces who will still remain the employer of all workers that work at these workplaces - but, if so, then this must have been clearly stated in the new amendments. Section 33a will clearly show that the labour suppliers are the employers of the workers they supply... [In fact, recent trends seem to show that the Malaysian government takes the narrow understanding that whoever pays the wages is the employer... and, if so if the principal pays these 'contractors of workers' (labour suppliers) who really have no control or supervision of these workers at the workplace, it will be these  'contractors of workers' (labour suppliers) who will be the employer - not the factory where they work.

b) that these amendments or the 'contractor for labour' will be confined to only some sectors by way of schedules to the Act - but alas, there is nothing in the present amendment that talks about this. Remember, there is no provision about confining it to limited sectors - or even setting a percentage of workers supplied by 'contractors for labour' that could be utilized at a workplace, meaning that soon it may just be 90-100% of workforce of these factories. The factory trade unions may be reduced to just having a handful of members. [Looking at the existing 'outsourcing agents' ("illegal and/or unregulated contractors for labour, in my opinion), they supply 50 workers to this factory, 30 to that plantation, 50 to this restaurant - and as such, it would be impossible for their workers to even meet, organize themselves and/or form unions - and what union would that be - a plantation worker union, a service sector union... ????]

All these things that the government is allegedly saying could have been included in this amendment but it was not. So, again I say that these are 'lies'...(until proven wrong) meant only to destroy resistance for the time being. Remember for the repeal of the ISA, the government is saying it would only do so when they table the 2 new laws to cover the effect. Likewise, if the government was similarly serious about worker rights, they would also make sure all the necessary parallel amendments and laws are in place...before trying to change employment relationship in Malaysia - by creating a new category of employer - i.e. the labour suppliers/contractors for labour, and removing the role, duty and obligations as employer from the end-user, principal, owner-operators as it is now and has always been since independence. 

The milk is about to be spilt - and that is why all of us must fight for justice to ensure that the amendments are withdrawn and not become law. If not, it will be too late and 'nasi sudah jadi bubur' (rice would have become porridge)...ACT NOW BEFORE IT IS TOO LATE..

October 25, 2011 18:54 PM

MTUC Is Apolitical, Says Its President

PETALING JAYA, Oct 25 (Bernama) -- The Malaysian Trades Union Congress (MTUC) will not seek the assistance of political parties for its present campaign of opposing some of the amendments to the Employment Act 1955, said its president Mohamad Khalid Atan.

Maintaining that the congress was completely apolitical, Mohamad Khalid said: "The MTUC affiliates are capable of conducting their own campaign for the benefit of their members."

He told Bernama Tuesday that the proposed nationwide picket on Nov 3 to protest against some of the amendments were within the law because the proposed changes would affect workers directly.

"MTUC's protest is nothing but a legitimate campaign to make lawmakers and the public aware of the dire consequences to workers should the amendments be adopted," he said.

Mohamad Khalid hoped the members of parliament and senators would carefully deliberate on the amendments before making a final decision.

The MUTC's main grouse is that the amendments in their present form would provide loopholes for employers to hire workers through third party agents.

"Through this system, the workers will have no permanent employer, thus exposing them to abuse ," he said.

-- BERNAMA, 25/10/2011, MTUC Is Apolitical, Says Its President

Civil Society’s Statement for the 4th ASEAN Forum on Migrant Labor

Press Statement

24 October 2011, Bali Indonesia  

Civil Society’s Statement for the 4^th ASEAN Forum on Migrant Labor

We, 33 civil society organizations from Cambodia, Indonesia, Philippines, Malaysia, Singapore, Thailand, and Vietnam, have participated in the Civil Society’s Strategic Meeting to the 4^th ASEAN Forum on Migrant Labor (AFML), organized by the Human Rights Working Group (HRWG), Indonesia Working Group on ASEAN Migrant Workers (IWGAMW) and Task Force on ASEAN Migrant Workers (TF-AMW) from 22-23 October 2011 in Bali, Indonesia to come up with inputs for the 4^th AFML being held in Bali from 24 to 25 October 2011.

This ASEAN forum will be looking at the implementation of the ASEAN Declaration on the Protection and Promotion of Rights of Migrant Workers, drafting of the ASEAN instrument. This meeting will, amongst others, focus on two areas: a) promoting more harmonious relations between host populations and migrant workers; and b) the return and reintegration of migrant workers, and the development of sustainable alternatives to migration in countries of origin. 

Civil society's priority recommendations to a) Promote Understanding, Harmony and Rights of Migrant Workers are as follows:

1.      A precondition to gender-sensitive harmony is the respect, recognition and protection of human rights of all migrant workers, regardless of legal status, occupation and social status, etc. -- including the recognition of domestic work as work (according to the International Labour Organisation (ILO) Convention on Domestic Work);

2.      For all migrant workers to have equal access to treatment and services;

3.      For destination country governments to make available in all possible languages the laws and procedures for migrant workers;

4.      To have ONLY ONE employment contract (which is also readily available in the migrant workers' language) in which the employer is obliged to submit to the government;

5.      For destination country governments to mandatorily give notices on workers’ rights, privileges (i.e. access to health and safety) to all migrant workers through pamphlets and information materials in the migrant workers' languages;

6.      To oblige destination country governments to allow migrant workers to form, join and lead labour unions and associations for collective empowerment;

7.      To ensure employment relationship by direct hiring, that is most beneficial to migrant workers;

8.      To prohibit labour-outsourcing companies, recruitment agencies and labor suppliers from being made employers of migrant workers;

a. Direct hiring is defined as the direct employment relationship between employers (owners/operators/end-users/principal employers) and workers to the exclusion of third parties including labour suppliers;

9.      To not economically exploit migrant workers;

10.  To provide tools for capacity building to migrant workers (to have independent migration – learn to organize;

11.  To include legal status, occupation, and social status;

12.  For all government agencies (i.e. police, immigration, labor) to have available, qualified persons to serve as interpreters or provide assistance;

13.  For destination country governments to coordinate with country of origin governments (through consulates/embassies) and other existing Non-Governmental Organisations (NGOs) and service providers to ensure provision of translation (and other services) to migrant workers;

14.  To encourage local and migrant trade unions and associations to reach out to and organize migrant workers;

15.  For the ILO to open and facilitate migrant workers organizations to participate and be involved in the tripartite process;

16.  To oblige the origin country governments to provide centers of information and assistance to ALL migrant workers, their families and communities;

17.  For both origin and destination country governments to develop information technology (IT) to monitor on cases of sexual harassment, violations committed against migrant workers as well as those migrants in jail; that this IT system be decentralized and distributed to different areas;

18.  For migrant workers to have access to 24-hr migrant workers' help hotline;

19.  To abolish excessive working hours for all migrant workers;

20.  Migrants in detention – To abolish death penalty and all forms of torture against migrants in detention, and until then, for destination country government to coordinate with origin country governments regarding migrants in detention; and

21.  For attaches from origin country governments to monitor migrants in jail and ensure concrete measures to provide all forms of assistance and services to them.

Civil society recommendations on b) Strategies for More Effective Return and Reintegration, and Sustainable Alternatives to Migration

1. For all migrant workers to be given all forms of remuneration and entitlements (i.e. benefits, compensation) prior to their return, with documentation (written proof) from the host country government (i.e. immigration or labor department); 
2. To avoid arrest, detention and deportation for immigration irregularities where possible. But in cases where deportation of migrant workers is carried out, for ASEAN Intergovernmental Commission on Human Rights (AICHR), ASEAN Commission on Women and Children (ACWC), ASEAN Committee on Migrant Workers (ACWC), and governments to monitor the process to ensure the dignity and safety of migrant workers during these processes; and to ensure that there is NO mass deportation;
1. To abolish repatriation companies;
3. To ensure protection of migrant workers' rights in the national development program of governments from both countries of origin and destination countries
1. For all members of ASEAN to promote livelihood options, both at home countries and abroad, to all migrant workers, especially for women migrant workers. To ensure that women have access to all forms of education (i.e. health and reproductive), resources and choices in employment;
2. To ensure state budgetary allocation by origin country governments for MW protection and services;
4. To support the development of mechanisms which provide access to justice for migrant workers across and beyond borders. These would include, among others, specialized services, interpretation services, legal assistance, shelter services, and the rights of migrant workers to work during legal process;
5. For all ASEAN member states to ensure the inclusion of undocumented migrants and families of all migrants in the ASEAN;
6. For sending country governments to abolish separate terminals for migrant workers in all ports;
7. To ensure that migrants who have been trafficked are entitled to protection and empowerment services and that there should be no deportation or detention of victims of trafficking, witnesses, and other migrants affected by raids;
8. To provide legal aid and integrated services (i.e. shelter, socio-psychological services, etc.) to all migrant workers, regardless of status (both undocumented and documented) in both countries of origin and destination;
9. For all stateless migrants to be given legal aid and all integrated services by both origin and destination country governments, and for them to have the right to choose their country of residence;
10. To stop all forms of extortion, corruption and discrimination against all migrant workers in all processes, including reintegration;
11. To uphold migrants’ right to just wages;
12. To prohibit employers and agencies in destination countries to unlawfully deduct wages of migrant workers; and

13.  To develop social security systems which include migrants (including long-term occupational diseases).

We call on ASEAN to incorporate these recommendations into the ASEAN instrument on the Protection and Promotion of Rights of Migrant Workers, and all other relevant instruments.

For Media inquiries, please contact:

Mr. Sinapan Samydorai

Task Force on ASEAN Migrant Workers

E-mail: samysd@pacific.net.sg

Mobile: (65) 8188 4723

Ms. Wahyuningrum (Yuyun)

Human Rights Working Group (HRWG)

E-mail: wahyuningrum@gmail.com

Mobile: (62) 815 1054 3290 Or (62) 857 1750 1947

Mr. Ali Akbar Tanjung

Indonesia’s Working Group on ASEAN Migrant Workers

E-mail: ar.tanjung@gmail.com

Mobile: (62) 81286356456

Mr. Navuth Ya
CARAM Cambodia
Email: ya_navuth@yahoo.com

Mr. Thaufiek Zulbahary
Solidaritas Perempuan (Women's Solidarity for Human Rights)
Mobile: 62) 85782551189

Email :  zulbahary@gmail.com

Will MTUC be alone in their nationwide protest on November 3?

MTUC is going to have a nation-wide picket on 3/11/2011 - but there is little information being circulated for many may want to join MTUC to protest changes being proposed to the Employment Act...Malaysia wants to make labour suppliers employers - and free owner-operators of factories, plantations and other workplaces (the principal or end-user) from the obligations and duties of being an employer....

It may have been passed at the Dewan Rakyat (House of Representatives) but to become law, it needs to be passed by Senate which will sit in December, and thereafter get Royal Assent before it becomes law - The BN thus can withdraw these proposed amendments at any time before it becomes law...

MTUC should not stand alone in this protest - but should also include all workers (and future workers) many of whom are not members of trade unions. Political parties and civil society organizations should also get involved if they really care for worker and trade union rights... and, I believe, we may be heading for yet another big protest similar to what was done for free and fair elections. Malaysian government just have not listened to MTUC  - and theyneed evidence that the support for the removal of these proposed amendments comes from many persons...and sectors of the Malaysian and...global community... (This is not just a Malaysian issue - as it involves workers also from many countries, and employers from also many different countries who supply consumers all over the world...)

NOV 3 is fast approaching and MTUC must start lobbying for massive support - and really must get most of its 800,000 members out. How can we all who support MTUC do - maybe some badges, T-shirts, etc - black arm-band only may not be enough to attract attention of this BN government...

KUALA LUMPUR: The Malaysian Trades Union Congress (MTUC) will wear black armband during its nationwide picket on Nov 3 to protest the amendments to the Employment Act, which was passed in Dewan Rakyat last week.

Union members would be wearing black armband at the protest, which was scheduled to take place from 5pm to 6.30pm, as a way to “mourn” over the issue, MTUC general secretary Abdul Halim Mansor.

He said the protest was to express their dissatisfaction with the Human Resources Ministry's move to table the amendments despite a request by MTUC for a postponement.

“We want to send a message that the MTUC is not happy with the ministry's decision,” he said when contacted Tuesday.

He said MTUC would also write to Prime Minister Datuk Seri Najib Tun Razak and Deputy Prime Minister Tan Sri Muhyiddin Yassin on their reasons for objecting to the amendments and seek their intervention.

Among others, MTUC had objected to the amendments which would allow for the use of labour outsourcing companies.

The amendments would also mean that employers were allowed to delay overtime payments to their workers by a month.

Abdul Halim also said that the amendments had not provided adequate protection for women who are required to work after 10pm.

The MTUC staged a protest outside Parliament House on Oct 3 when the amendments were tabled. However, the amendments were eventually passed by Dewan Rakyat after a five-hour debate.- Star, 11/10/2011,MTUC nationwide picket on Nov 3

Foreign Domestic Workers Recommendations to the ASEAN Intergovernmental Commission on Human Rights (21/10/2011)

Foreign Domestic Workers Recommendations to the

ASEAN Intergovernmental Commission on Human Rights (21/10/2011)

We, the migrant domestic workers groups, NGOs and regional networks, present our recommendations to the ASEAN Intergovernmental Commission on Human Rights (AICHR) on the rights of all women foreign domestic workers, documented and undocumented.

Firstly, we would like to express our appreciation for the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers.  However, we are concerned that large numbers of migrants are currently excluded from its protection and therefore strongly urge the inclusion of undocumented migrants and families of all migrants.

We call on AICHR to inform all ASEAN member states of the critical importance of the ILO Convention and Recommendations concerning Decent Work for Domestic Workers (No 189) particularly Thailand, Malaysia, Myanmar/Burma and Singapore, and to persuade all ASEAN member states to ratify the Convention within the coming year.

We express our disappointment over the slow pace by which ASEAN member states are ratifying the UN International Convention for the Protection of Migrant Workers and Members of Their Families (1990).  We therefore urge AICHR to persuade ASEAN Member States, especially destination countries to also immediately ratify this International Convention.

Following our consultations, we also make the following recommendations.  We strongly urge AICHR:

1.        To promote the reform of national laws of all ASEAN member states and all regional policies and regulations to recognise domestic work as work.

2.         To support the development of mechanisms which provide access to justice for migrants across and beyond borders.  These would include among other specialised services, interpretation services, legal assistance, and temporary shelters and the right of migrants to stay and work during legal process.

3.         To work with governments to develop social security systems which include migrants.

4.         To uphold migrants’ rights to decent work, including the right to change employers, to just wages, to maternity leave, to healthcare and to rest days.

5.         To establish national and regional mechanisms and bodies to help ensure that policies and legislation comply with international treaties/conventions.

6.         Regarding the recruitment and employment processes, to work towards the abolition of labour outsourcing companies, recruitment agencies and labour suppliers.  To ensure employment relationship be by direct hiring[1] that is most beneficial to migrant workers.

7.         To ensure that all ASEAN member states provide equal and adequate access to health care and treatment for migrants and their families and remove all mandatory health and pregnancy testing and immediately call a halt to the practice of terminating employment contracts and deporting migrant workers based on health and/or pregnancy status.

8.         To promote and protect migrants’ rights to mobility and freedom of movement.

9.         To promote and protect migrants’ rights to organize and freedom of association.

10.     Arrest, detention and deportation for immigration irregularities should be avoided where possible, but in cases where deportation of migrants is carried out, we call on AICHR to monitor the process to ensure the dignity and safety of migrants during these processes.

11.     AICHR and ASEAN member states must ensure the right of every migrant to hold their own passport and documents (travel, identity cards, work permits, contract, etc.).  To ensure migrants’ right to be heard and due process.  There should not be any termination or cancelation of visas and other legal documents without the presence of the holder (migrant).

12.     To ensure that migrants who have been trafficked are entitled to protection and empowerment services.  There should be no deportation or detention of victims of trafficking, witnesses and other migrants affected by raids.  AICHR and ASEAN member states should ensure the victim’s right to stay and work and ensure their access to adequate remedies and compensation.

13.     Lastly, we call on AICHR to urge ASEAN member states to promote women’s livelihood options both at home and abroad, and to ensure that women have access to education and resources and choices in employment.

On behalf of:

United Foreign Domestic Workers Rights	ACHIEVE (Action for Health Initiative) (Philippines)
CARAM Cambodia	Tenaganita (Malaysia)
Solidaritas Perempuan (Indonesia)	Workers Hub for Change
Asia Pacific Mission for Migrants	Asia Pacific Forum on Women, Law and Development
MAP Foundation, Thailand	Mekong Migration Network
CARAM Asia	INDIES (Indonesia)
ATKI (Indonesia)	Asian Migrants Coordinating Body
Human Rights Working Group (Indonesia)

For further information, please contact:

Ms Khairiah Makata CARAM Asia Email: khairiah@caramasia.org  Phone: +603 2282 7708; +603 2282 1669

Ms Huong Tran Asia Pacific Forum on Women, Law and Development Email:  huong@apwld.org

---

[1] ‘Direct hiring’ is defined as the direct employment relationship between employers (owner/operator/end-user /principal employers) AND workers to the exclusion of third parties including labour suppliers.