Position of ICMW in ASEAN and A Glimpse Into The Philippine Practise on Migration
In ASEAN, Philippines was among the first to ratify the International Convention on the Protection of the Rights of All Migrant Workers(ICMW) and have the best practice thus far. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist ASEAN in ensuring a holistic and sustainable migration management that considers the needs of a whole approach and support from all parties involved, including but not limited to the government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the position of ASEAN's migration policies and practice, Part III will discuss on the Philippines practices on ICMW and Migration management, and Part IV will provide recommendations.
Arisman, & Ratnawati, K. . (2018). Protection of Human Rights and Labour Migration for Employment Purpose across ASEAN.Center for Southeast Asian Studies. Jakarta: CSEAS.
Department of Foreign Affairs (DOFA). (211 C.E.). Migrant Workers’ Right to Social Protection in ASEAN: Case Study of Indonesia, Philippines, Singapore and Thailand. Thailand: Mahidol Migration Centre, Institute for Population and Social Research.
Hall, A. (2002). Migrant Workers and Social Protection in ASEAN: Moving Towards a Regional Standard? Journal of Population and Social Studies, 21(1).
International Labour Organization (ILO). (2011). Public Attitudes towards Migrant Workers: A Four Country Study Retrieved. Retrieved from http://www.ilo.org/asia/info/WCMS_159851/lang-- en/index.htm
Iredale, R., & Piper, N. (2005). Impact of Ratifying the 1990 UN Convention on the Rights of All Migrant Workers and Members of Their Family: Case Studies of the Philippines and Sri Lanka. UNESCO: Asia Pacific Migration Research Network.
Kristina, T., & Alice, S. (2013). Current Challenges In The Implementation Of The UN International Convention On The Protection Of The Rights Of All Migrant Workers And Members Of Their Families. Paris: Directorate General For External Policies Of The Union, European Parliament.
Martin, P., & Abella, M. (2015). Background paper prepared for ASEAN Community 2015: Managing integration for better jobs and shared prosperity. Bangkok: ILO.
Mustika, R., & Salam, S. (2021). Implementation of State Administrative Court Decisions: Conception, and Barriers. Musamus Law Review, 3(2), 49–57.
Rebecca, J. (2007). Labour Migration and Development Goals: The Philippines Experience. International Dialogue on Migration.
Copyright (c) 2022 author(s)
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
- Author retains the copyright and grants Jurnal Hukum Volkgeist the right of first publication of the work simultaneously licensed under the Creative Commons Attribution-ShareAlike 4.0 License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal
- The author is able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book) with the acknowledgment of its initial publication in this journal.
- The author is permitted and encouraged to post his/her work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of the published work (See The Effect of Open Access).