Social protection for migrant workers: ILO standards and ASEAN … · 2019. 12. 14. · Social Protection • Adopted at the 23rd ASEAN Summit in Brunei Darussalam, on 9 October 2013

Social protection for migrant workers: ILO’s approach and ASEAN perspective

Loveleen De, ILO

Presented at the Asian Conference on Globalization and Labor Administration: Cross-Border Labor Mobility, Social Security and

Regional Integration

November 19-21, 2014, Manila, Philippines

No written or electronic reproduction of this document without the author’s permission

Agenda

• Social protection and its extension

• ILO’s standards and the protection of migrant workers’ social security rights

• Social protection floors

• Situation and challenges for migrant workers

• Way forward in ASEAN

Social protection and its extension

To cover against the financial consequences of:

What is social protection?

Life-cycle

Work injuryMaternity Unemployment

InvalidityFamilies with children

Sickness Medical care

Old ageDeath of thebreadwinner

To compensate for the loss of income and cover

health care expenditures

To facilitate access to social services and fulfill

basic needs

Financial support Access to services

Protection provided by society

Social transfers

What is social protection?

ILO’s standards and the protection of migrant workers’

social security rights

Social security is a human right

Universal Declaration of Human Rights, 1948

International Covenant on Economic, Social & Cultural Rights, 1966

Social Security (Minimum Standards) Convention (No. 102), 1952

Social Protection Floors Recommendation (No. 202), 2012

C128Invalidity,

Old-Age andSurvivors‘Benefits,

1967

C130MedicalCare andSicknessBenefits,

1969

C168EmploymentPromotion &

Protectionagainst

Unemployment,1988

C183MaternityProtection,

2000

8

C121Employment

InjuryBenefits,

1964

ILO’s standards for implementing the right to social security

Recommendation 202 on Social Protection Floors, 2012

Convention 102 on Social Security (Minimum Standards), 1952

Recommendation 67 on IncomeSecurity, 1944

Convention 118 on Equality of Treatment (Social Security) 1962

Convention 157 on Maintenance of Social Security Rights, 1982

C19Equality ofTreatment(Accident

Compensation),1925

Recommendation 69 on MedicalCare, 1944

C128Invalidity,


1967


1969


Protectionagainst

Unemployment,1988


2000

9

C121Employment

InjuryBenefits,

1964








Compensation),1925


Stipulates- Nine social security benefits- Minimum coverage (e.g. 50% of all employees)- Minimum levels of benefits- Minimum duration of benefits- Maximum qualifying period to receive benefits

C128Invalidity,


1967


1969


Protectionagainst

Unemployment,1988


2000

10

C121Employment

InjuryBenefits,

1964








Compensation),1925

Recommendation 69 on MedicalCare, 1944Country can ratify C118 with only 1 out of 9 benefits

Equality of treatment for:- all persons who are nationals of ratifying countries- refugees or stateless personsGuarantee of benefit portability for old age, invalidity, survivors, employment injury

Ratified by the Philippines for 7 branches

C128Invalidity,


1967


1969


Protectionagainst

Unemployment,1988


2000

11

C121Employment

InjuryBenefits,

1964








Compensation),1925

Recommendation 69 on MedicalCare, 1944- Urges States to include migrant workers

under their national employment injury compensation fund, under the same conditions- Applies between ratifying States even without bilateral agreements- However, no obligation for payment of benefits abroad

Ratified by 6 ASEAN countries

C128Invalidity,


1967


1969


Protectionagainst

Unemployment,1988


2000

12

C121Employment

InjuryBenefits,

1964








Compensation),1925


In ratifying C157, the country accepts the Convention’s obligations for all branches for which it has a scheme in placeRatifying States should endeavor to conclude bilateral or multilateral agreements- Maintenance of rights acquired (totalization): consideration of total

period of contributions in all countries to meet the qualifying period- Portability of benefits

Ratified by the Philippines

C128Invalidity,


1967


1969


Protectionagainst

Unemployment,1988


2000

13

C121Employment

InjuryBenefits,

1964








Compensation),1925


- All residents should enjoy at least a minimum level of social security- Reaffirms the right to social security for all- Member states of the ILO should establish nationally-defined social protection floors as a fundamental element of their social security systems

Social protection floors

Recommendation No. 202 on Social Protection Floors

• Adopted at the 101st

International Labour Conference in 2012

• by 185 Member States456 “yes” votes1 abstention

• Formal sector workers usually have access to social protection

• Some schemes target the poorest, leaving the rest of the informal sector uncovered

• Migrant workers and their families are often left unprotected

Rest of informal sector Formal sector

Level of protection

Population

??

Poor

Extension of social protection

Social protection floor

• All residents should enjoy at least a minimum level of social protection

• Member states of the ILO should establish SPFs as a fundamental element of their national social protection systems

Poor Rest of informal sector Formal sector

Level of protection

Population

Nationally defined SPF


• Based on the SPF, extend social protection to provide progressively higher levels of benefits to more people

Poor Rest of informal sector Formal sector

Level of protection

Population

Nationally defined SPF

Higher levels of social security to more people

All residents have access to essential health care, including maternity care

All children enjoy basic income security, providing access to nutrition, education, care, and any other necessary goods and services

All persons in active age who cannot earn sufficient income, enjoy basic income security, particularly in cases of sickness, unemployment, maternity, disability

All older persons have basic income security


Four basic guarantees:

• No “one size fits all” approach

• SPFs are nationally-defined according to socio-economic priorities and available fiscal resources


Situation and challenges in ASEAN

ASEAN Declaration in Cebu, 2007

• Adoption of the ASEAN Declaration on the Protection and the Promotion of the Rights of Migrant Workers

• Acknowledges the difficulties migrant workers and their families encounter in exercising their rights

• Committed all ASEAN countries to strengthen the protection provided to migrant workers

• “… receiving States will facilitate access to social welfare services as appropriate and in accordance with the legislation of the receiving State, provided that they fulfill the requirements under applicable laws, regulations and policies of the said States, bilateral agreements and multilateral treaties.”

ASEAN Declaration on Strengthening Social Protection

• Adopted at the 23rd ASEAN Summit in Brunei Darussalam, on 9 October 2013

• “Everyone, especially those who are poor, at risk, persons with disabilities, older people, out-of-school youth, children, migrant workers, and other vulnerable groups, are entitled to have equitable access to social protection that is a basic human right and based on a rights-based/needs-based, life-cycle approach and covering essential services as needed”

Social security laws in ASEANM

ed

ical

care

Sick

ne

ss

Un

em

plo

y

me

nt

Old

age

Wo

rk

inju

ry

Fam

ily

Mat

ern

ity

Inva

lidit

y

Surv

ivo

rs

Include migrants?

Singapore ● ● ● ● ● ● ● No

Brunei

Darussalam● ● ● ● ● ● ●

No

Malaysia ● ● ● ● ● ● ● Yes

Thailand ● ● ● ● ● ● ● ● ● Yes

Cambodia* ● ● ● ● ● ● ● Yes

Indonesia ● ● ● ● ● ● Yes

Lao PDR* ● ● ● ● ● ● ● ● ● Yes

Myanmar* ● ● ● ● ● ● ● ● ● Yes

Philippines ● ● ● ● ● ● ● Yes

Viet Nam ● ● ● ● ● ● ● Yes

* Law is in place, implementation in progress. Source: ASEAN Community 2015, ILO & ADB

Lack of access to social security

Some common challenges and barriers

• Often migrant workers may be excluded from social insurance laws and universal schemes

• Undocumented migrants disqualify from benefits

• Even when migrant workers contribute, they are not always entitled to benefits, as the qualifying conditions may require several years of contribution

• Inconsistency with immigration rules such as leaving the country at the end of the contract, and waiting period for receiving benefits

• Limited social security agreements between countries

Lack of access to social security

Some common challenges and barriers

• Insufficient portability of benefits (e.g. pensions)

• Contributory social security schemes have limited coverage, mainly of the formal sector

• Likely to take up hazardous jobs and informal employment (e.g. domestic workers), who are difficult to reach

• Limited care and support systems for migrant population (especially mothers with infants, newborns, children left at home, elderly)

• Lack of available information and language barriers

Case of ThailandFigure 1. Migrant workers’ right to social security

Source: ABND report for Thailand, 2013


High number of undocumented migrant workers, who are not entitled to any social security schemes.Even those who are documented face several problems.


Several migrant workers are not covered by the Compulsory Migrant Health Insurance (CMHI) scheme, due to problems like affordability and lack of information. CMHI provides some, though lower, protection as compared to UCS, which is only for nationals.


Even documented migrant workers may not be registered for SSF and WCF by their employers, and are therefore left uncovered.


Registered migrant workers have difficulties claiming SSF unemployment benefits due to:• The migrant worker has to leave the

country within 7 days of being retrenched, which does not allow them time to declare their “unemployed” status to DOE, SSO and to report every month, as required.

• DOE only accepts applications from Thai citizens, thereby excluding migrant workers.


Although migrant workers are covered in principle by WCF, in reality, most of them cannot satisfy the two conditions enacted by Circular RS0711/W751 issued on 25 Oct 2001:• migrant workers must possess a

passport or foreign registration documents

• employers must have registered them and paid contributions to WCF

Way forward in ASEAN

Proposed strategy

A process of Assessment-based National Dialogue (ABND) in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions

Step 1 – Building the assessment matrix

Step 2 – Estimating the cost of recommendations

Step 3 – Endorsement and further action by the government

ABND is a 3-step process

Objectives of ABND

How do we make the SPF a reality for the entire population of a country?

• Progressive ASEAN integration and the development of social security agreements

• Common database of social security situation across ASEAN

• Useful for pre-departure trainings for migrant workers

Proposed strategy

Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions

Support to the implementation of nationally defined social protection floors and higher levels of social security through Technical Cooperation, South-South exchange, etc.

South-South cooperation platform

• Existing South-South exchange initiatives at ASEAN level, e.g. health insurance

National Health Security Office, Thailand and National Social Security Fund, Cambodia

Universal coverage initiative led by Thailand for Lao PDR, Cambodia and Myanmar

Health insurance Masters course at Naresuan University, Thailand

ILO’s support to SPF and social security in ASEAN

Health

Unemployment

Pensions

?

Work Injury

Long term care

Harmonization of the delivery (Single Window)

SS Law and National SP Strategies

Proposed strategy

Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions

Support to the implementation of nationally defined social protection floors and higher levels of social security through Technical Cooperation, South-South exchange, etc.

Support to the implementation of social security agreements for the SPF and higher levels of social security

Challenges to the promotion of social security agreements in ASEAN

• Countries are equipped with different types of schemes (social insurance, provident funds, employers’ liabilities)

• Schemes and laws are fragmented at the national level (several ministries involved)

• Unequal levels of operational and administrative capacity across countries

• Principle of reciprocity (some are sending countries, others are receiving)

Social security agreements starting with employment injury?

• Many migrant workers are employed in hazardous jobs

• 8 ASEAN countries already have an operational social insurance scheme for this contingency

• 6 ASEAN countries have ratified Convention No. 19 (Indonesia, Malaysia, Myanmar, Philippines, Singapore, Thailand)

Migrant workers make crucial contributions to the economies of their employing country

as well as their home countries by sending remittances

It is time to recognize their contribution and ensure equal protection for them under the law

including access to social security

Conclusion

Thank you

Documents

Social protection for migrant workers: ILO standards and ASEAN … · 2019. 12. 14. · Social Protection • Adopted at the 23rd ASEAN Summit in Brunei Darussalam, on 9 October 2013