Migration of Labour: Protection of their Rights

7/31/2019 Migration of Labour: Protection of their Rights

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DE LA SALLE-COLLEGE OF SAINT BENILDE

Migration of Labour

Protection of the Rights of Workers

Patrick C. Agonias

7/4/2012

The paper will discuss the migration of labour and the need for the protection of their rights. It will alsogive an analysis on how these workers will be protected from both international conventions and nationalpolicies. It would also focus on the example of Overseas Filipino Workers. This paper is to be submitted

to Professor Satwinder S. Rehal for International Economic, Social and Political Issues.


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Table of Contents:

Introduction ................................................................................................................................. 3

Background of the Paper ............................................................................................................. 5

Review of Related Literature: ..................................................................................................... 6Trade and Human Rights............................................................................................................. 6

Protecting Labour Rights as Human Rights ................................................................................ 8

Globalization ............................................................................................................................... 9

Maritime Trade .......................................................................................................................... 11

Overseas Filipino Workers ........................................................................................................ 12

Convention No. 189: Decent Work for Domestic Workers ...................................................... 13

Analysis ..................................................................................................................................... 14

Country Profile: The Republic of the Philippines ..................................................................... 14

Executive summary of Labour Migration in the Republic of the Philippines .......................... 15

Problem Analysis ...................................................................................................................... 16

Problem ..................................................................................................................................... 17

Causes........................................................................................................................................ 17

Effects........................................................................................................................................ 18

Strategies to mitigate the problem ............................................................................................. 19

Conclusion ................................................................................................................................. 20

References ................................................................................................................................. 21


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I. IntroductionWith the improvement of communication, transportation and the integration of the economy

in the globe; labour has also been globalized. People who could not find jobs or opportunities in

their home states, they can look for and apply for jobs overseas. According to the estimates of

the United Nations from 1970 to 2005 international migrants in the world have increased from82 million to 190 million.

Migrant workers may find opportunities overseas; however they are very vulnerable to various

kinds of abuses. Abuses have ranged from being maltreated by their employers, like beatings,

humiliation, torture and even outright murder. Another form is being tricked into human slavery

or trafficking, this act is usually carried out by illegal recruiters promising them a better pay and

work. They arrive in foreign country only to have their hopes shattered for a better life. Migrant

workers are not just classified as workers overseas but also those working in the seas as well.

The international community is aware of this issue and have set up several conventions and

organizations to address this. The International Labour Convention is the primary organization

that monitors workers if there right are being abused or not. The concept of decent work comes

in and it sets the standards in promoting the rights at work, employment, social security and

industrial relations. Also the in the Universal Declaration of Human Right under Article 23 this

right encompasses everything including the merchant marine sector.

It states that:

The right for everyone to work, to free choice of employment to a just and favourable condition

of work. In addition, this is to be upheld without any forms of discrimination or barriers that will

inhibit him or her for the kind of job.

Another convention is the ILO Convention 189. This is specifically aimed for the protection of

domestic workers. According to the Philippine Overseas Employment Administration (POEA)

their records indicate that 96,583 Filipinos were deployed under the category of domestic

helpers and related household workers in 2010. In the case for the seafarers, they are protected

under the Maritime Labour Convention (MLC). The MLC provides seafarers international

standards to: protects the seafarers rights and welfare, this includes recruitment, compensation,

medical examinations, and health benefits and among others.

Migration of labour has advantages and disadvantages as well. They can have good effects on thesending states and the receiving states, but could have direct and indirect consequences that

affect both states. A positive effect of migrant workers is that they send remittances; this inflow

of income to the sending states can help boost the growth of its economy. An example of this is

the economy of the Philippines which in is estimated around $20,116,192,000 in 2011 according

to the estimates of the Central Bank of the Philippines. But, the negative impact of this


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migration, especially those skilled workers like doctors, teachers and architects could cause a

brain drain on the sending state. The effects of which is a shortage of those professionals.

These overseas workers are essential in todays global economy even though they face

obstacles and challenges on the job. They are then must be protected by both their national

governments and the international community as well.


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II. Background of the PaperThe paper would mainly discuss about the migration of labour. Migrant workers by definition

are: people who move to find work outside their hometown or home state. Persons who leave

home for work in their own state are domestic or internal migrant workers. Persons who

move to workto another state are commonly called foreign or international migrant workers.These workers may migrate under government-sponsored programmes, under private recruitment

schemes or on their search of employment.

Again, because of the rapid pace globalization the population of migrant workers is increasing

annually. Labour migration occurs and continuous to persists because it offers substantial

economic benefits for the sending states and for the receiving states as well, despite the

consequences such as brain drain and a shortage of workers of the sending states. Remittances

from these workers have reduced the incidences of poverty in states such as the Philippines,

Bangladesh and Nepal. According to some studies the children of migrant workers are likely to

be enrolled in schools and universities. In addition the opportunity for overseas employment alsomitigates the problem of high unemployment and thus reducing the potential for social

instability.

The current challenge today is the abuse of these migrant workers. Although laws, policies and

conventions were enacted by both international organizations like the International Labour

Organizations (ILO) and the sending states; they are still vulnerable to several forms of abuses

and exploitation, especially to the low-skilled workers. Overseas domestic workers alone are

noted to have the large number incidences of abuse. According to reports these workers were

beaten and maltreated by their employers. In some cases gender has been the source of abuses

particularly that of women. Another are the problems within the governments themselves, thereare cases of lack of benefits such as medical and government safety nets after their employment

contracts like their security of tenure; these problems are common to sea-based migrant workers.

In the face of rising barriers to cross border mobility, the growth of irregular migration;

were workers dont undergo the formal immigration process and those who overstays their visas

and human trafficking of organized crimes, constitute major challenges to the protection of both

their human and labour rights.


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III. Review of Related LiteratureTrade and Human Rights

The Universal Declaration of Human Rights (UDHR), which was created in 1948, wascreated in order to protect the rights and dignity of every human being from abuse and

exploitation; especially on workers. The UDHR is the primary instrument in curbinggovernments or companies from doing this and it must be upheld with utmost respect.

Because of the rapid pace of globalization business has now crossed borders and has spread intodifferent parts of the world. Even though it has brought tremendous wealth to states andopportunities to its citizens, their human rights are still vulnerable and are ignored by someemployers. The UDHR has a sweeping claim of universality and eternity for a particular set ofcore labour standards. An important of which is the freedom of forced labour.

According to the report from the Organization for Cooperation and Economic Development(OECD); several international treaties of the early in this century concerning the elimination of

slavery, a body of international law on human rights, including the basic rights of workers, haveevolved. This body of law:

Considers human rights as universal, transcending all political, economic, social and cultural

situations, they are characterised as such because they involve the fundamental liberty, dignity

and respect of the individual. Moreover, freedom of association, prohibition of forced labour,

elimination of child labour exploitation and the principle of non-discrimination are well

established elements of the human rights international jurisprudence; in fact these workers'

rights are an inseparable part of human rights" (OECD (1996), p. 7).

Another was the World Social Summit of the United Nations in Copenhagen (1994), hasreinforced the international consensus on fundamental human and workers rights. The summit

also declared that nations affirm their adhesion to certain workers rights.

Also, besides international agreements, conventions and covenants, constitutions of some statesrequire its governments to promote human rights. For example, the Constitution of thePhilippines in Article XIII which is entitled Social Justice and Human Rights; it has a specificsection concerning labour and it states that:

The State shall afford full protection to labour, local and overseas, organized and unorganized,and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organizations, and peaceful concertedactivities, including the right to strike in accordance with law. They shall be entitled to security

of tenure, humane conditions of work, and a living wage. They shall also participate in policy

and decision-making processes affecting their rights and benefits as may be provided by law.

The State shall promote the principle of shared responsibility between workers and employers

and the preferential use of voluntary modes in settling disputes, including conciliation, and shall

enforce their mutual compliance therewith to foster industrial peace.


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The State shall regulate the relations between workers and employers, recognizing the right of

labour to its just share in the fruits of production and the right of enterprises to reasonable

returns on investments, and to expansion and growth. (The 1987 Philippine Constitution)

The UDHR is an essential instrument in addressing the protection of workers and today

migrant workers as well. Again, human rights are universal and it transcends all political,economic, and socio-cultural situations. It must be abided by both the international communityand the local governments.


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Protecting Labour Rights as Human Rights

Labour Rights in particular are monitored by the International Labour Organization (ILO) which

was established on 1919. The ILO by now adopted 186 Conventions and 192 Recommendations. It is all

geared to harmonise and improve national and international labour rights situations. The Committee of

Experts on the Application of Conventions and Recommendations (CEACR) has made a total of 1,900

country reports regarding its labour conditions. The painstaking work that the CEACR undertook had an

enormous effect on labour laws in all of the ILOs member states. This work has culminated into the 1966

International Covenant on Economic, Social and Cultural Rights.

It must also be noted that the ILO began its standard-setting work on formulating and later monitoring

labour rights well before any other human rights bodies. The human rights treaty bodies established after

the Second World War; one such as the UDHR and particularly under the international Covenants on

Civil and Political Rights (ICCPR) and Economic, Social and Cultural Rights (ICESCR) and under the

regional social rights charter have all drawn heavily on the experiences and practices of the ILOs

mechanisms. In a way the conventions and recommendations made by the ILO have contributing in

addressing the human rights for workers.

According to article 22 of the Covenant it states that:

1. Everyone shall have the right to freedom of association with others, including the right to form

and join trade unions for the protection of his interests.

2. No restrictions may be placed on the exercise of this right other than those which are

prescribed by law and which are necessary in a democratic society in the interests of national

security or public safety, public order, the protection of public health or morals or the protection

of the rights and freedoms of others. This article shall not prevent the imposition of lawful

restrictions on members of the armed forces and of the police in their exercise of this right.

3. Nothing in this article shall authorize States Parties to the International Labour Organisation

Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize

to take legislative measures which would prejudice, or to apply the law in such a manner as to

prejudice, the guarantees provided for in that Convention. (1966 International Covenant on

Economic, Social and Cultural Rights)

The ILO in its efforts to monitor the Convention had faithfully fulfils the philosophy laiddown in the article which provides, inter alia, that organs of the UN, their subsidiary organs and

specialized agencies concerned with furnishing technical assistance may bring to the attention ofother organs any matters arsing out of the reports.


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Globalization

Globalization is the acceleration and intensification of interaction and integration among

the people, companies and governments of different states. To put it into simpler terms it focuses

on the forces; political, economic or cultural, the dynamism or the speed of these changes. It is

often disassociated with globalism; which is the description of the world that is characterized bynetworks of connection that span multi-continental distances.

In addition, globalization has a variety of effects on human-beings; including health and personal

safety, on the environment, on culture; including ideas, religion and political systems, and on

economic development and prosperity of societies across the world, However, there are three

inherent tensions that reveal the conflicting values at stake in the process of globalization.

The first tension is between the individual choice and the societal choice. The conflict occurs

when a person exercising his or her right to choose a particular product, lifestyle, or advocate a

particular thought clashes that of the dominant view of the society as the norm. . An example is

the spread of the idea of democracy. This was seen during the recent Arab Spring; democracy

has reached a number of African and Middle Eastern states that are mostly ruled by authoritarian

regimes. This resulted into a number of uprisings and upheaval in the region; such examples

include the Egyptian, Libyan and Syrian uprisings. However, this is met by harsh backlashes

because some of the leaders refuse to accept this new idea. Another is the spread of American

culture throughout the many regions of the world with the introduction of several products such

as music, films, food, cars and among others. Some states such as France have a law limiting the

importation of these products. This shows that some people and societies may value social

choices above individual ones. A possible reason for this is the preservation of local culture,

tradition or history and desire to pass along the heritage to the succeeding generations.

The second tension is between the free market and government intervention. In a sense it is like

the first tension but it focuses more on the economic side. Free market represents the right of

individual choice as seen in the supply and demand of the consumers and the producers.

Furthermore, the ones who produce and set prices are the market and the private companies who

produce it. On the other hand, the government intervention is the practical way that societies

decide on and implement the choices they make about their values. These interventions can be

seen in the market by price floors and ceiling dictated to the producers by the government. This

is usually set in order to provide crucial goods at reasonable prices that are necessary for social

order.

The last tension of globalization is that between the local authority and extra-or supra-local

authority. In the globalized world many citizens of different states feel that international

organizations outside their democratic control are making decisions without any input from the

people who are most affected by them. This is evidenced in the World Trade Organization

(WTO) in which the developed states are mostly the ones who calls the shots. The developing


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states are then forced to make protectionists policies on their economies to protect their market.

They have also set up international organizations and regional blocs as response for this

imbalance like the United Nations Conference on Trade and Development (UNCTAD),

Association of South East Asian Nations (ASEAN) and the like. The developing states also

accuse institutions such as the International Monetary Fund (IMF) and the World Bank (WB) as

Washington based cabals of bankers forcing American-style economic policy on societies that

have different values than individualized capitalism.

These tensions are only just a few of the cases where citizens around the world have felt

threatened by the current process of interaction and integration. Nevertheless, globalization is

neither good nor bad. Rather, certain aspects of the complex and the multi-faceted process of

globalization have impacts that can be viewed in different views depending on what values are at

stake.


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Maritime Trade

Historically, almost all the goods and products of civilizations worldwide have been

carried by sea. Hence, the maritime industry is an important sector to any state. It has a direct

impact on the prosperity of a state or a region. Aside from wealth it was an irreplaceable role in

geography discovery and culture communication. Many famous voyages and maritimeexplorations had shaped the history of the world. In addition, international maritime trade has a

played a significant role in spreading civilization to many parts of the world and promoting

communications that aid economic development.

Today in the modern era, the maritime trade industry has gained unprecedented vigor with more

high-value cargo transported by seaborne shipping than before. Between 1990 and 2003,

according to statistics that the value of maritime trade to the US economy have ballooned from

434 billion dollars to 800 billion dollars (DeGaspari, 2005), it indicated that approximately 75

container ships cross the Pacific each week. This made the trans-Pacific and economic engine

between North America and Asia in 2005. Meanwhile in Europe, container ports throughput hasincreased by some 58 percent to 69 percent, reaching 49.5 million twenty foot equivalent unit

(TEU) in 2001.In 2010 it is expected that container ports will hit 53.0 million TEU. Despite the

volatility and constant fluctuations in the world economy, the transhipment market has grown by

an average of 9.7 percent per annum since 1995 in Northern Europe. In Asia, some ports have

replaced major ports such as New York, Tokyo, and Rotterdam as the top container ports in 2005

(Lee et al., 2008). These ports are now the major container ports in the world and have continued

to grow by 2008: Shanghai, Hong Kong, Shenzen, Singapore and Busan.

Continual globalization of the world economy, coupled with the recent energy crisis, will

propel maritime trade to a higher level in the near future. Furthermore, in Asia, maritime industryoccupies a central position; not only for economies with large transhipment ports like Singapore

and Hong Kong, but much more for China and Japan who have over the past years have an

increasing demand for oil.


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Overseas Filipino Workers

Overseas Filipino Workers (OFWs) are figures who are both celebrated and at the same

time lamented from within the Philippines and outside of it. OFWs today are regarded as modern

day heroes. This is because of the remittances that they send back to the Philippines are credited

for keeping the countrys economy afloat, despite numerous political and economic crises overthe past three decades. On the other hand, OFWs are also often held as the symbolic of the sad

state of the Philippine society. This perception was even more highlighted when the most

talented workers are among leaving the country, at times to take on lower-skilled jobs not

commensurate with their qualifications.

There are different estimates of the size of the stocks of the OFW. According to the Commission

of Filipinos Overseas (CoF), 13 percent of the countrys labour force represents the 4.8 million

OFWs. The figure includes both regular and irregular workers but it does not include permanent

migrants to which the CoF estimates at about 2.9 million. However, the World Bank (WB),

basing its estimated on censuses of different states, puts the figure at only around 3.6 million.Based on the National Statistics Offices (NSO) labour force survey, the estimated stock of

OFWs is an even much lower one million.

Whichever is closer to the true number, it represents a substantial proportion of the

potential labour force of the Philippines. It has been a source of huge amount of remittances over

the years. According to the recent estimates of the Bangko Sentral ng Pilipinas (BSP) as of 2006

the Philippines has received $14 billion in remittances from abroad. Based on the World Banks

Global Economic Prospects of 2007, the Philippines would be the fourth highest remittance level

in the world, following only India, China and Mexico each with remittance level over $20

billion.


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Convention No. 189: Decent Work for Domestic Workers

On 16 June 2011, the International Labour Conference of the International Labour

Organization (ILO) adopted the Convention concerning decent work for domestic workers. Like

any other workers protected by their human rights and labour rights; domestic workers is also

entitled to it.

The Convention offers specific protection to domestic workers. It lays down their basic rights

and principles and it requires States to take a series of measures or policies with a view to

making decent work a reality for domestic worker. This Convention is complimented by the

Domestic Worlers Recommendation No. 201. Unlike Convention No. 189, it is not open for

ratification. It however provides practical guidance concerning possible legal and other measures

to implement the rights and principles stated in the Convention.

According to the Convention the Basic rights of domestic workers are:

Preamble; Article 3: Promotion and protection of the human rights of all domestic workers

Articles 3, 4 and 11: Respect and protection of fundamental principles and rights at work: (a)

freedom of association and the effective recognition of the right to collective bargaining;

(b) Elimination of all forms of forced or compulsory labour; (c) abolition of child labour; and

(d) elimination of discrimination in respect of employment and occupation

Article 5: Effective protection against all forms of abuse, harassment and violence.

Article 6: Fair terms of employment and decent living conditions. (Convention No. 189:

Decent Work for Domestic Workers, 2011)

Recently in June 2012, the Philippines became the second country to ratify theconvention, next to Uganda. The Philippine ratification would complete the requirements whichtwo member states of the ILO must ratify it, in order for the convention to come into force in 12months after the ratification was registered. Most of the migrant workers of the Philippines aredomestic workers and the Convention would be an essential step in protecting their citizensabroad, since many of the domestic workers are abused by their employers abroad.


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IV. Analysis4.1 Country Profile: The Republic of the Philippines

AREA 300,000 sq km (115, 830 sq miles), 7107 islands

POPULATION 98 million (2012 estimate)

CAPITAL CITY Manila

PEOPLE FilipinosLANGUAGES Tagalog and English

RELIGIONS Roman Catholic (83%), Protestant (8%), Muslim(4.6%), Iglesia ni Cristo (2.3%) (National Statistical Co-ordination Board, 2008)

CURRENCY Philippine Peso

MAJOR POLITICAL PARTIES Liberal Party (LP), Lakas-Kampi Christian MuslimDemocrats (Lakas Kampi CMD), Nationalist People'sCoalition (NPC), Nacionalista Party

TYPE OF GEOVERNMENT Republic


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HEAD OF STATE AND HEAD OF

GOVERNMENT

President Benigno Aquino III (since 30 June 2010)

VICE PRESIDENT Vice President Jejomar Binay (since 30 June 2010)

FOREIGN MINISTER Sec. Albert F. Del Rosario

MEMBERSHIP OF INTERNATIONAL

ORGANIZATIONS

ADB, APEC, APT, ARF, ASEAN, BIS, CD, CICA(observer), CP, EAS, FAO, G-24, G-77, IAEA, IBRD,

ICAO, ICC, ICRM, IDA, IFAD, IFC, IFRCS, IHO, ILO,IMF, IMO, IMSO, Interpol, IOC, IOM, IPU, ISO, ITSO,ITU, ITUC, MIGA, MINUSTAH, NAM, OAS(observer), OPCW, PCA, PIF (partner), UN, UNCTAD,UNDOF, UNESCO, UNHCR, UNIDO, Union Latina,UNMIL, UNMISS, UNMIT, UNMOGIP, UNOCI,UNWTO, UPU, WCO, WFTU, WHO, WIPO, WMO,WTO

Executive summary of Labour Migration in the Republic of the Philippines

The flow of migrant workers from the Philippines can be traced back to the Spanish

colonial period. It is when Filipino sailors manned the ships in the Manila-Acapulco trade(Samonte, E., et al., 1995). After the Spanish period there were subsequent notable movements

of labour mostly to the United States. This was because of the special colonial relationship

between the two states. However, it was not until during the 1970s when the number of migrant

workers increased rapidly. Consequently, the Philippine government made the protection of

international migrant workers a priority and into an explicit policy.

The annual flow of migrant shows that temporary land based workers, dominate in terms of

volume. In total the annual flows have increased from 50,000 in 1975 to more than a million by

the year 2005, with an average growth rate of 9.7 percent between the years 1975 and 2007. A

notable growth spurt was observed in the years 1975 to 1985 of 21.1 percent, however, it hasnever been repeated as the succeeding decades had a single digit growth rates.

It should also be noted that a number of permanent emigrants leaving annually is rising steadily,

except for some declines in the late 190s. It has increased from under 15,000 in 1975 into about

81,000 in 2007, with an average growth of 5.4 percent. Again during the decade of 1975-1985

has registered the highest annual growth rate in the flow of permanent emigrants with an average

of 11.4 percent. In the subsequent decades registered only about two percent annual growth.

Likewise, the number of land-based temporary workers leaving annually has been rising. From

around 12,500 workers in 1975, more that 800,000 land-based workers have left the country in2007. The figure includes both new hire and rehired workers. The proportion of re-hires has

slowly risen in by 22 percent in 1985 and to 25 percent in 2005. The flow of rehired workers has

shown the preference of employers for migrant workers with prior experiences abroad. Except

during 1985 to 1987 and in 1990 to 1992, that rehired workers constitute the majority of land-

based workers since 1984. The boom decade was during 1975-1985, which coincided with the

construction boom in the Middle East as result of the price of oil has risen in 1973-74. During


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the period, it registered the highest growth rate at an annual average of 2.4 percent. This was

followed by the growth of around 4 percent in the succeeding two decades.

As for sea-based workers the flow of workers was around 23,500 in 1975, and increased to about

267,000 by 2007 with an average annual growth rate of about eight percent. In 1985 to 1995, the

flow of sea-based workers has seen higher annual growth rates that the previous decade at 11.5percent, before slowing down to about four percent in the subsequent decades.

In terms of proportion, land-based worker accounts for a relative stable share of 67 to 70

percent of all migrant flows between the years of 1980s and 2007. On the other hand, the share

of permanent migrants, has been declining from about 44 percent in 1976 to around 12 percent in

1990, 6 percent in 2000, and finally at 7 percent in 2007. Sea-based workers have comprised the

largest share in 1975; about 47 percent, before declining to 11 percent in 1983, and then steadily

increasing to 23 percent by 2007. Land-based temporary migrant workers have represented the

biggest bulk of flows by share since around 1985.

4.2 Problem Analysis

Poverty

Conventions of international

organizations such as the ILO and

the IMO

Enactment of laws and policies of

states aimed to protect their

migrant workers

Demand for cheap labour

The Abuse and exploitation of

migrant workers

Organized crime


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Problem:

Migrant workers are still abused and exploited to this day.

Causes:

There are several causes on why migrant workers are still abused and exploited to thisday. In this age of globalization most countries of the world are engaged, to varying degrees, in

the process of substantial economic reform. As a consequence of some these new reforms,

livelihoods have been lost through the disappearance of public sector employment, the decline of

traditional industries, loss of agricultural competitiveness and the elimination of jobs and

subsidies by structural adjustment.

Disappearance of jobs and increasing poverty has directly led to the increase of migration

pressures in the state or country of origin. This problem can be attributed to globalization in

which the gap between the rich and the poor are widening. Other factors such as the global

economy, often times affect the employment within states. Hence, the lower class are severelymarginalized and since they cannot afford higher education they are in turn not able to get decent

jobs within their own states and therefore they look for employment overseas. Although some

professionals migrate to search for higher wages too, the bulk of the population seeking

employment overseas are the lower-skilled workers. In terms of incidences of abuse and

exploitation this workers they are the most vulnerable.

Another reason is the organized crime groups. Syndicates abuse the trend of labour migration in

a number of ways like trafficking and smuggling these workers aboard. According to the

Palermo protocols (2000) there are distinct definitions between the two but still both are

exploitative to the workers by nature.

The protocol states that:

"Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or

receipt of persons, by means of the threat or use of force or other forms of coercion, of

abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the

giving or receiving of payments or benefits to achieve the consent of a person having control

over another person, for the purpose of exploitation.

The trafficked persons are considered as victims by these syndicates. It undermines their human

rights and labour standards through the use of force, coercion, fraud, deception and or abuse of

power for the purposes of exploitation.


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In terms of smuggling, the protocol has defined it as:

"Smuggling of migrants" shall mean the procurement, in order to obtain, directly or indirectly, a

financial or other material benefit, of the illegal entry of a person into a State Party of which the

person is not a national or a permanent resident.

Some states lack the adequate legal channels such as restrictive admissions, and the regulation of

conditions of employment in sectors recruiting migrants to combat the smuggling of migrant

workers. These factors will contribute further in stigmatising migrant labour and would force

irregular migrant workers deeper underground and increase abuse to migrants.

Globalization and trade liberalization have made contradictory impacts on employment

conditions in the courtiers of destination. Therefore another reason is the demand for cheap, low-

skilled labour in industrialized and developing states as well.

Small and medium sized companies and labour intensive economic sectors resorted to several

ways in to cutting costs that puts the safety of these workers at risk. In addition, the resultingdemand for migrant workers provided a significant impetus to labour lows and facilities the

incorporation of illegal or undocumented migrants.

The combination of all these reasons have set up a barriers and challenges to migrant

workers. They have become more vulnerable and left open to abuse and exploitation either to

internal and external factors.

Effects:

As a response to the problems of abuse to migrant workers organizations such as the

International Labour Organization and the International Maritime Organizations have taken steps

in initiating, formulating and implementing convention for the protection of their rights.

The ILO is the primary organization in monitoring and addressing the conditions of these

migrant workers. Another is the International Maritime Organization (IMO) focusing on the sea-

based migrant workers. These organizations ensure that even these workers would get decent

work and their human rights would not be undermined by their employers abroad.

As a response to the issues of abuse and exploitation they have made several conventions in

addressing this particular problem. Most of the convention made are already ratified and entered

into force. Notable conventions include Migration for Employment Convention (Revised) of1949, Convention on the Protection of the Rights of All Migrant Workers and Members of Their

Families of 1990, The Maritime Labour Convention of 2006 and recently The Convention on

Domestic Workers of 2011.

States have also set up laws and provisions in protecting migrant workers in their state and those

abroad. For example in the Republic of the Philippines agencies such as the Department of


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Labour and Employment (DOLE), the Philippine Overseas Employment Agency (POEA) and

the Department of Foreign Affairs (DFA) Overseas for Migrant Workers Affairs (OMWA) are

also aimed at the protection of migrant workers. Also, there are laws passed such as the Migrant

Workers and Overseas Filipinos Act of 1995 or RA 8042 and recently the Republic Act No.

10022, or an Act Amending Republic Act No. 8042. Both these acts sought to improve the

standard of protection and promotion of OFW welfare.

The response of both the international community and the government states shows that

the abuse and exploitation of migrant workers are being monitored and slowly eradicated

through there laws and conventions. Also it shows that steps were taken to combat this issue

because again it is recognized that migrant workers are an essential component of the economy

of states, especially with globalization.

4.3 Strategies to mitigate the problem

The abuses and exploitation of migrant workers are already being addressed by

international organizations such as the ILO in par with the IMO and have adopted several

conventions in mitigating the problem. The most notable one are the: Migration for Employment

Convention (Revised) of 1949, Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families of 1990, The Palermo Protocols of 2000, The Maritime

Labour Convention of 2006 and recently The Convention on Domestic Workers of 2011. Aside

from the international community states have also enacted laws to protect the rights of their

workers abroad either through multilaterally like within the ILO, bilaterally with different states

in which migrant workers are present and even within the government. Within the government of

states they enact several laws and policies aimed in protecting the rights and welfare of migrant

workers.

Liberalism has been the key theoretical lens in formulating these conventions. This is because it

highlighted the importance of the human rights of the workers and cooperation of states in

ratifying these conventions and putting them into force. Furthermore, the articles within the

conventions are aimed at the protection of their basic rights as workers and right to have a decent

work. Also, it has also promoted equality especially among gender, since women are still

marginalized and often abused in their line of work as migrant workers. The theory has also

applied in the formulation laws and policies of states that sought to protect their rights.

All these laws and conventions currently exist. Also, organizations and government

agencies are working constantly to improve upon certain policies and conventions and or

possibly to make new one in order to refine and addressing new obstacles in an ever globalized

society.


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V. ConclusionGlobalization today has increased the international labour mobility and at the same time the

levels of exploitation and deregulation have accelerated. Because of the lack of legal protection

for these works, it has heightened their attractiveness as instruments of maintaining

competitiveness. The workers are obliged to work in where decent work conditions are notenforced. In the case of illegal migrants, they are especially vulnerable because of the threat of

apprehension and deportation thwarts possibility of unionizing and they are exposed to

dangerous working conditions.

Although there are laws and conventions aimed to promote their rights, states still face several

policy dilemmas. Some states like the United States have tightened their barriers on the entry of

labour migrants, where illegal migrants are still managing to slip through their borders. Factors

such as the demand for cheap labour in labour intensive sectors are one of the driving forces on

the flow of migrant workers. However, the working conditions of these sectors are terrible and

pose a work risks to the migrant workers. In addition, because of the states actions in so calledcombating illegal immigrants have breed in their population; discrimination and outright

violence against the migrant workers. This only adds up to already vulnerable conditions of the

migrant workers from abuse and exploitation.

According to the ILO that the rule of law and democracy are to be strengthened under the

economic and social conditions of globalization, migration should be regulated and the labour

market must also be strengthened. The convention made currently serves as instruments in

making a coherent global guidance for both the international and national policies of

government.

In additions, non-governmental organizations (NGOs), social partners and civil society

pressure groups are essential in promoting a comprehensive, sustainable and standards-based

approach to migration by governments.


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Ducanes, G., & Abella, M. (2008). Overseas Filipino Workers and their Impact on Household Poverty.

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Documents

Migration of Labour: Protection of their Rights