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ASEAN’s cooperation on labor migration from 2007 to 2020

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Tiêu đề ASEAN’s Cooperation On Labor Migration From 2007 To 2020
Tác giả Mai Mai
Người hướng dẫn Prof. Dr. Pham Quang Minh
Trường học Vietnam National University
Chuyên ngành International Relations
Thể loại thesis
Năm xuất bản 2020
Thành phố Hanoi
Định dạng
Số trang 95
Dung lượng 828,2 KB

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Cấu trúc

  • CHAPTER 1. CONCEPTUAL AND PRACTICAL BACKGROUND (16)
    • 1.1. Conceptual framework (18)
      • 1.1.1. Labor migration concept (18)
      • 1.1.2. Conceptual framework of cooperation on labor migration (23)
    • 1.2. Practical background (27)
      • 1.2.1. Overview of labor migration in ASEAN region (27)
      • 1.2.2. ASEAN’s cooperation on labor migration before 2007 and Incentives (30)
  • CHAPTER 2. REALITY OF ASEAN’S COOPERATION ON LABOR (16)
    • 2.1. Actual situation of the cooperation from 2007 to 2020 (0)
      • 2.1.1. Policy-wise (42)
      • 2.1.2. Practical actions (49)
    • 2.2. Case Studies (55)
      • 2.2.1. Singapore (56)
      • 2.2.2. The Philippines (59)
      • 2.2.3. Vietnam (62)
  • CHAPTER 3. ASSESSMENT AND FUTURE OF ASEAN’S COOPERATION (17)
    • 3.1. Achievements and Limitations (68)
    • 3.2. Challenges and Opportunities (74)
    • 3.3. Prospects and Recommendations (78)

Nội dung

CONCEPTUAL AND PRACTICAL BACKGROUND

Conceptual framework

Migration has played a crucial role in shaping the world as we know it today Throughout history, people have migrated in search of peace, escaping wars, poverty, and hunger, or seeking better job opportunities This phenomenon dates back to pre-modern times when humans moved to populate various regions across the globe.

In recent years, human migration has predominantly manifested as movement within and between established nation-states, characterized by both legal migration, which adheres to immigration regulations, and illegal migration, which occurs in violation of these laws.

To understand labor migration, it's essential to define "migration." According to the Thesaurus and Merriam-Webster Dictionary, migration refers to "the act, process, or an instance of migrating." The United Nations' Demographic Dictionary describes migration as the movement of people from one geographical area to another, particularly when they leave their residence to live permanently elsewhere In contrast, the Cambridge Dictionary emphasizes that migration involves traveling to a new place or country for work, whether temporarily or permanently Both definitions recognize migration as a movement between areas, but they differ in their focus on the purpose and duration of the stay Notably, many migrants return to their home countries each year, whether voluntarily or not, highlighting the complexity of migration patterns In 2016, significant outflows were reported from countries such as Germany, Korea, Spain, Japan, and the United Kingdom, according to the OECD.

According to the OECD (2019), 16 countries utilize varying methodologies to measure migration outflows (Migration Data Portal, 2019) The nature of migration can be classified as either permanent or temporary, depending on the migrants' intentions regarding their return to their country of origin.

Labor migration is a type of migration, especially international migration

Labor migration is defined as the movement of individuals between countries to seek employment or respond to recruitment efforts, as noted in the review "Migration and Land Use Change in Europe" by Bell et al (2010) The IOM Glossary on Migration (2011) and the EMN Glossary also emphasize this definition, highlighting that labor migration involves individuals moving for employment purposes either internationally or within their own country This essay aligns with these definitions while specifically focusing on the international movement of individuals and the typically temporary nature of their stay in the host countries.

Labor migrants are defined as individuals engaged in paid work in a country where they are not citizens, as outlined by the United Nations Convention on the Protection of the Rights of all Migrant Workers and Members of their Families Additionally, the International Labour Organization (ILO) characterizes a migrant worker as someone who relocates from one country to another for employment purposes, excluding self-employment This synthesis of definitions highlights the complexities of labor migration as discussed in the publication “Public health aspects of migrant health: a review of the evidence on health status for labour migrants in the European Region” by Judit Simon, Noemi Kiss, Agata Łaszewska, and Susanne Mayer.

Labor migrants are individuals who relocate from one country to another primarily for employment opportunities, as defined by the International Organization for Migration This definition, while articulated in various languages, consistently emphasizes the purpose of migration as seeking work.

Labor migration can be divided into different types If Simon Bell, Susana

Alves, Eva Silveirinha de Oliveira, and Affonso Zuin categorize labor migration into two main types: highly skilled labor migration and unskilled low-wage temporary migration Building on this framework, Baštýř and colleagues expanded the classification to four types of labor migration, further enriching the understanding of this complex phenomenon.

Incentive migration occurs when individuals move to a destination country in response to its invitation, often driven by the demand for specialized professionals such as doctors This migration is facilitated by the economic strength of the host country, which can offer competitive salaries and enhanced career opportunities Additionally, migrants are attracted by the prospect of improved living standards This phenomenon is also recognized as highly skilled labor migration, as noted by researchers Simon Bell, Susana Alves, Eva Silveirinha de Oliveira, and Affonso Zuin.

Demand migration refers to the movement of migrant workers driven by various motivations, whether positive or negative This phenomenon poses significant risks to the target country, primarily due to a substantial influx of unskilled, low-cost labor, which can drastically alter the local labor market conditions, affecting both employment opportunities and wage levels Such patterns of unskilled, low-wage, and temporary migration can have profound implications for the economy and society.

The two additional types of migrants are influenced by their motivations, which may stem from their destination country or personal circumstances Ultimately, the duration of their stay and their work methods are crucial factors in understanding their migration experience.

The third type is residential migration This is a continuing stay of a migrant in the target country that often leads to permanent relocation The main principle here is

The income of migrants often significantly impacts their social and cultural connections to their home countries, particularly with family There is a notable disparity in real wages between the home and target countries, with Baštýř highlighting that wages in the target country can be at least double those of the home country.

Commuting migration, distinct from other forms of labor migration, involves individuals who maintain their primary residence in their homeland while traveling to work, often on a daily basis or for short stays abroad, typically lasting a week or occasionally a month This type of migration primarily occurs between neighboring countries, highlighting the close geographic and economic ties between the migrant's home country and their work destination.

Labor migration significantly influences global development, impacting economies, cultures, and societies while closely intertwining with international relations Myron Weiner, in "On International Migration and International Relations," notes that a nation's entry and exit regulations are shaped by global migration trends and international affairs The alignment or misalignment of laws between states can influence international partnerships and conflicts When a country seeks to import workers from an exporting nation, shared goals facilitate discussions on wages, employment conditions, and remittance arrangements, leading to potential bilateral and multilateral agreements Conversely, if one nation promotes colonization while another restricts access, tensions may escalate, prompting countries with strained relations to impose borders to manage population flow and prevent conflict Weiner also highlights that international economic shifts can compel governments to revise their migration access policies.

The rise in oil costs has led to labor shortages in oil-producing countries, prompting others to export workers to maintain their income through remittances Additionally, certain agricultural and industrial practices can either increase the demand for labor or create significant surpluses, pressuring authorities to adjust entry or exit regulations Furthermore, a nation's access rules reflect not only its bureaucratic capacity and willingness to enforce legal measures but also the expectations it holds for other nations and their tendency to behave in a predictable manner.

REALITY OF ASEAN’S COOPERATION ON LABOR

ASSESSMENT AND FUTURE OF ASEAN’S COOPERATION

Achievements and Limitations

Thirteen years after the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers was published, significant progress has been made in labor migration cooperation among the ten member states.

The introduction of various policies and frameworks has been crucial in facilitating the movement and safeguarding the rights of migrant workers within ASEAN This issue is emphasized across all ASEAN Community Blueprints, including the freedom of movement for skilled labor and business visitors in the ASEAN Economic Community (AEC) Blueprint 2025, the social welfare and protection of workers in the ASEAN Socio-Cultural Community (ASCC) Blueprint 2015, and the commitment to human rights and social justice in the ASEAN Political-Security Community (APSC) Blueprint 2025 Notably, these blueprints work in tandem with other frameworks, creating a comprehensive and cohesive system of policies that support and enhance each other.

The ASEAN has effectively translated its policies into actionable steps, as highlighted in the ILO report titled "Implementation of Recommendations from the 3rd to 10th ASEAN Forum on Migrant Labour: Progress Review Background Paper for the 11th ASEAN Forum on Migrant Labour." This report outlines the advancements made in addressing migrant labor issues within the region.

ASEAN stakeholders, including governments, workers' enterprises, employers' organizations, and civil society organizations, play a crucial role in implementing the AFML Recommendations by enhancing information dissemination, pre-departure orientations, and post-arrival support for migrant employees A variety of communication channels, such as online platforms, messaging apps, and social media, are being leveraged to ensure broad outreach However, challenges remain in reaching the most vulnerable populations and ensuring the accuracy and comprehensiveness of the information provided A 2016 ILO and IOM survey of returnees indicates significant variation among nations in the effectiveness of pre-employment information distribution and pre-departure orientation, while showing increased engagement in post-arrival adaptation services The rise of hotlines, one-stop services, and Migrant Worker Resource Centres in both origin and destination countries has become vital for providing essential information and advice Additionally, skills training initiatives in countries of origin are gaining more attention, reflecting a growing focus on preparing migrants for successful employment abroad.

In the Greater Mekong Subregion, skill training predominantly occurs through on-the-job training during migration Significant progress has been made in fair recruitment practices, particularly in regulating recruitment agencies and promoting self-regulation through Codes of Conduct Between 2016 and 2018, several countries, including Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore, and Thailand, announced improvements in laws and mechanisms related to recruitment A notable example of intra-ASEAN collaboration is the exchange of knowledge by the Vietnam Association of Manpower Supply.

Vietnam has gained 66 experiences in implementing its Codes of Conduct, which can inform similar initiatives by the Association of Cambodian Recruitment Agencies and the Myanmar Overseas Employment Agencies Federation Ensuring transparency in recruitment agency rankings requires ongoing efforts, alongside the need to simplify recruitment and emigration procedures, reduce costs, and expedite migration through regular channels The enforcement of new laws in Thailand and Indonesia is crucial for fair recruitment practices While progress has been made in regulating decent working conditions for migrant workers and issuing standard employment contracts across several ASEAN Member States, challenges remain in making complaint mechanisms accessible, effective, and gender-responsive Enhancing connections between civil society organizations (CSOs) and trade unions with official complaint channels is essential Notably, cross-border cooperation among trade unions and CSOs has been promoted, sometimes involving labor attachés or consular staff The annual collection of International Labour Migration Statistics in ASEAN, led by the ILO, serves as a key effort in data gathering and sharing, with regular conferences among International Labour Migration Statistics Focal Experts facilitating the exchange of best practices and improving data comparability The sixth round of data collection has recently concluded, marking significant progress in this area.

In 2018, the Migration Statistics Focal Experts highlighted the need for ASEAN Member States to improve the collection of sex-disaggregated data on employment and wages A growing focus among these nations is on assessing and predicting labor gaps between countries of origin and destination The signing of the ASEAN Consensus in November 2017 marked a significant advancement in recognizing the rights of migrant workers and establishing obligations for both sending and receiving countries Some ASEAN nations have also progressed in ratifying relevant ILO Conventions Regular exchanges of best practices and information occur during ACMW Work Plan activities and domestic events, with the ASEAN Forum on Migrant Labour (AFML) serving as a vital platform for dialogue Furthermore, meetings of technical focal points, such as the International Labour Migration Statistics Focal Experts Meeting and the Regional Skills Technical Working Group Meeting, have proven effective in harmonizing definitions and enhancing methodological comparability across the region.

Since the inception of the Cebu Declaration, ASEAN has accomplished significant milestones; however, the 53-year-old organization still faces several limitations that require attention.

The unbalanced concentration of skilled versus unskilled workers within ASEAN highlights the restrictive nature of the free movement framework, particularly prior to the ASEAN Consensus The 2009 and 2015 AEC blueprints, along with other foundational ASEAN documents, reveal a more limited perspective on labor flow compared to the broader aspirations outlined in the ASEAN Charter These blueprints primarily focus on the free movement of professionals and skilled labor, underscoring the need for a more inclusive approach to labor mobility within the region.

The ASEAN Agreement on the Movement of Natural Persons, established in 2012, outlines provisions for the temporary access of specific categories of individuals from one ASEAN member state to another These categories include business visitors, intra-corporate transferees, contractual service suppliers, and any additional categories designated by individual member states This framework reflects the shared priorities among ASEAN countries to facilitate movement and enhance collaboration across 68 priority sectors.

The ASEAN Charter aims to enhance the movement of not only business professionals and talents but also labor across member states, although currently, only about five percent of intra-ASEAN migrants benefit from these arrangements The majority of migrants are unskilled or low-skilled, and unofficial migrants make up approximately 40 percent of intra-ASEAN migration To realize the ASEAN Charter's vision of broader labor mobility, incremental steps must be taken to ensure that free movement extends beyond just professionals and business persons in the medium to long term.

A significant issue in the migrant labor sector is the inadequate regulation by governments, which allows middlemen to thrive Many migrant workers find themselves burdened with debt due to exorbitant fees charged by these intermediaries for essential services like securing permits, travel, and accommodation Furthermore, many migrants end up in jobs that do not match their qualifications, lacking the legal protections and social safety nets afforded to local workers Despite these challenges, the remittances they send back home remain a vital source of income for their families, who depend on these funds for survival.

The Mutual Recognition Agreements (MRAs) serve as a vital tool for facilitating skilled labor mobility within ASEAN, allowing member countries to recognize educational qualifications, experience, and certifications from one another However, the negotiation of these agreements can be complicated due to varying educational standards and the challenges in equating on-the-job training with formal education, particularly in professions such as culinary arts and information technology Furthermore, while MRAs are intended to ease labor movement, actual market entry remains contingent on national laws and regulations, which can be quite restrictive in many ASEAN nations To date, there has been a lack of comprehensive assessment or documentation regarding the implementation and effectiveness of MRAs.

Access to working visas is a significant challenge in the context of labor market opening within ASEAN While ASEAN aims to promote the issuance of visas and employment passes for professionals, this commitment is limited to individuals involved in cross-border exchange and investment activities, which restricts the free movement of skilled professionals Additional barriers include high application costs and lengthy procedures Moreover, visa requirements vary significantly across ASEAN countries, with many restrictions that hinder non-nationals' access to employment in various sectors For instance, in Cambodia, Thailand, Myanmar, and Laos, employers must ensure that local knowledge is prioritized and that foreign workers will eventually be replaced by locals In Indonesia, foreigners can only occupy positions that cannot be filled by nationals, and they must meet specific criteria, such as having at least five years of relevant experience and a willingness to train locals Similarly, the Filipino constitution imposes restrictions that further limit foreign employment opportunities.

70 practice of many licensed professionals to nationals including accountancy, medicine and engineering [Huelser, S., Heal, A., 2014]

The participation of ASEAN member states in the reporting process is crucial, exemplified by the International Labour Migration Statistics (ILMS) Database, developed through the ILO’s ASEAN TRIANGLE project with funding from the Canadian Department of Foreign Affairs and Trade This database is significant as it is the first of its kind in the region, covering various aspects such as gender, countries of origin, and destination countries However, not all member countries actively contribute to the data collection, leading to gaps in information, even in countries like Malaysia, which is often prompt in its responses This lack of comprehensive participation may stem from the statistical processes within the countries or a perceived lack of importance regarding labor migration data Consequently, this results in an incomplete understanding of the labor migration landscape in ASEAN.

Challenges and Opportunities

The author identifies the diversity within ASEAN, particularly in politics, economy, and culture, as the primary challenge affecting member states' interests It took a decade to achieve the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Workers, initiated by the Cebu Declaration in 2007 Domestic negotiations began in 2009, focusing on the legal and moral foundations of the agreement, including the status of unregistered workers and their families While Indonesia and the Philippines advocated for a comprehensive instrument covering unofficial workers, Singapore, Malaysia, and Thailand expressed concerns about potential increases in unregistered migrants, which could strain existing resources Ultimately, in February 2017, ASEAN labor ministers signed the consensus to address these issues.

The Philippines, serving as the ASEAN chair, emphasized the moral necessity of a consensus on key issues, highlighting the importance of cooperation among member states ASEAN's unique consensus approach allows it to navigate the diverse perspectives of its members, raising questions about the legal significance of ASEAN documents, such as the 2017 ASEAN Consensus.

Moe Thuzar from the ASEAN Studies Centre at the ISEAS-Yusof Ishak Institute highlights that the 2017 ASEAN Consensus lacks legal prominence and does not require member countries to domestically ratify it for implementation Instead, ASEAN regards the document as carrying moral weight, encouraging local authorities to act on its commitments However, this approach does not effectively persuade sending or receiving countries, nor does it reassure civil society and stakeholders involved in regional negotiations Concerns arise that some ASEAN nations may delay national ratification, impacting the enforcement of commitments Chapter 7 of the document emphasizes that member states' obligations will align with their national laws and policies, reflecting the ASEAN tendency for negotiated compromises Ultimately, even post-ASEAN Charter, member states prefer non-binding declarations, allowing flexibility in integrating regional commitments into their national frameworks.

The rise of populism in Europe, exemplified by Brexit, poses significant concerns for ASEAN, as both organizations represent forms of regional cooperation Brexit raises important questions about the EU's integration model While ASEAN recognizes that it cannot replicate the EU's framework, it acknowledges the valuable lessons that can be drawn from the EU's political experiments in managing inter-state disputes, fostering peace, and promoting reconciliation.

The EU Single Market remains highly attractive, even drawing interest from Britain, which seeks to engage without political union ASEAN can learn from the EU's approach to managing conflicting interests and establishing effective rules for economic integration Despite the freedoms and benefits offered by the EU, many British citizens feel their expectations were not met, serving as a warning for ASEAN, often perceived as elitist and focused on intergovernmental issues While ASEAN officials work towards policy changes, the disconnect between their efforts and the tangible benefits for citizens persists Recognizing this gap, ASEAN has embraced a "people-centered, people-oriented" approach in its Vision 2025, which must translate into impactful initiatives that address the needs of its populace.

Since the establishment of the ASEAN Community in 2015, the free movement of skilled labor among the ten member states has facilitated the migration of talented individuals, contributing to brain drain in countries like Vietnam, where citizens seek opportunities in more developed nations This raises critical questions for governments about how to encourage their brightest minds to contribute to their home countries and how ASEAN members can collaboratively address this challenge.

In late 2019 and early 2020, the emergence of COVID-19, an infectious disease caused by a newly identified coronavirus, presented a significant global challenge By March 27, 2020, the World Health Organization reported that the virus had spread to 200 countries and territories, resulting in 21,031 confirmed deaths and 465,915 confirmed cases All ten ASEAN countries reported infections, highlighting the seriousness of the pandemic and prompting a global response.

Travel restrictions and border shutdowns imposed by 73 countries to control the virus have made it difficult for labor migrants to reach their destination countries for work Countries like Vietnam, which have policies to repatriate their citizens working abroad, are seeing an increase in nationals wanting to return home The inability to engage in economic activities significantly impacts the remittances that labor migrants typically send back This situation poses a challenge for governments in managing population movement and implementing timely policies Sudden crises necessitate that governments and ASEAN as a whole maintain a long-term vision for disaster management while also being flexible enough to take immediate action.

Despite the challenges faced by ASEAN migrant workers, there are promising opportunities stemming from the region's growing influence in the global economy As a collective, ASEAN represents the world's fifth-largest economy, driven by rapid growth in countries like Vietnam and the Philippines With a labor force exceeding 600 million, ASEAN ranks third globally, surpassing the EU and US Over the past decade, the region has experienced significant economic development fueled by strong foreign direct investment (FDI) Moving forward, ASEAN authorities are committed to enhancing economic collaboration in both traditional and digital sectors, aligned with the ASEAN Economic Community (AEC) blueprint This includes reducing intra-regional tariffs, streamlining cross-border trade processes, and improving workforce mobility, all while focusing on effectively utilizing its abundant human resources.

What is more, while the world is debating over the rise of populism and how it could affect multilateralism, regionalism seems to find its own ways to develop,

74 especially in Asia ASEAN members are trying to enhance Southeast Asian regional integration by creating the ASEAN Community, and they repeat the necessity of

The concept of "ASEAN centrality" emphasizes the importance of ASEAN-led initiatives that promote regional cooperation and collaboration Strengthening ASEAN not only enhances its appeal but also fosters deeper ties among member countries Therefore, it is essential to encourage cooperation among ASEAN nations, particularly in the area of labor migration.

The rise of the fourth industrialization presents a significant opportunity for ASEAN to advance its initiatives, particularly following the 11th AFML's adoption of the theme “Digitalisation to Promote Decent Work for Migrant Workers in ASEAN.” This forum highlighted the importance of digital platforms throughout the migration cycle and provided recommendations for ASEAN members to leverage digital advancements to enhance decent work for intra-ASEAN migrant employees With the ongoing growth of science and technology, the aspiration for improved conditions is achievable Digital technology can facilitate online platforms for migrant workers to assess and rank employment agencies, compare foreign trade percentages for remittances, share information, access judicial services, and increase transparency among migrant workers, employers, and stakeholders.

Prospects and Recommendations

There are three possible scenarios for the future of this cooperation

A united and comprehensively developed ASEAN Community requires member states to prioritize common interests over individual ones, fostering mutual understanding By addressing the challenges posed by the region's diversity, ASEAN can effectively tackle its limitations To achieve this vision, concrete plans and strategies are essential for sustainable progress.

ASEAN is gradually making strides to improve the labor migration situation in the region, and with the implementation of a strict mechanism to ensure member countries fulfill their commitments, a brighter future for labor migrants is attainable By thoroughly studying and applying the recommended strategies, there is hope for significant progress in addressing these challenges.

Sticking to the status quo hinders progress, leaving existing problems unresolved and the situation unchanged While new policies or ideas may emerge, tangible progress is often slow to materialize For instance, the ASEAN took a decade to transition from the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers to the ASEAN Consensus on the same issue This highlights the potential for similar challenges in the future, underscoring the necessity for strong commitment from each member.

While a conflict within ASEAN leading to a breakdown of relations among its member nations is a possibility, it remains an unlikely scenario Each ASEAN country recognizes the significant benefits of a unified organization and the individual advantages of being part of a thriving association However, the cautionary tale of Brexit serves as a reminder for ASEAN to remain vigilant, despite the differences in the structures of the two entities.

In order for the first scenario to happen, here are some recommendations

To effectively implement ASEAN initiatives, it is crucial to establish a robust system that ensures all member states adopt and enforce policies related to labor migration Despite the numerous frameworks ASEAN has introduced, the effects on migrant workers remain unclear Therefore, stronger actions are necessary to guarantee that these policies are translated into national practices, addressing the needs and rights of migrant workers more effectively.

Regional consultative processes have proven effective in tackling labor migration issues, enhancing technical capacity, and fostering government cooperation To improve their impact, these processes should align more closely with international standards and prioritize collaboration with other nations and organizations It is crucial for each ASEAN member state to recognize the significance of accurately reporting information to benefit from international consultancy and learn from the experiences of neighboring countries.

Many ASEAN Member States have made progress in regulating working conditions for migrant employees and providing standard recruitment contracts; however, further regulatory efforts are needed to ensure adequate protection across all economic sectors This includes ensuring non-discriminatory access to social safeguards, healthcare, and workers’ compensation for job-related injuries, illnesses, disabilities, and fatalities While the protection of domestic workers has improved in some countries, their full inclusion in labor and social regulations remains incomplete, and women continue to have less access to social protection Additionally, the concept of portability is still in its early stages, and more comprehensive efforts are necessary to facilitate migrant workers' access to trade unions and organizations.

The return and reintegration of migrants is an area that requires significant policy development to effectively implement the AFML recommendations Although some ASEAN Member States have initiated programs and services, none have established a comprehensive state policy on reintegration Effective policies should include the recognition of migrant workers' skills through certifications and testimonials, ensure fair compensation and benefits, and provide support and training programs for those returning.

Public education campaigns highlighting the contributions of migrant workers to society and the economy in ASEAN countries are limited Expanding these initiatives could effectively enhance public awareness and strengthen the commitment of stakeholders to uphold the rights of migrant employees.

Public education campaigns highlighting the vital contributions of migrant workers to society and the economy are scarce in ASEAN Member States Enhancing these initiatives could significantly raise public awareness and reinforce the commitment of stakeholders to safeguard the rights of migrant workers.

The final chapter evaluates ASEAN's labor migration cooperation, highlighting achievements since the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers was published thirteen years ago Key advancements include the introduction of policies and frameworks that facilitate migrant worker movement and safeguard their rights, with a gradual shift from policy to practical action However, challenges persist, such as the imbalance between skilled and unskilled workers, lax government controls allowing for middlemen, and issues related to mutual recognition agreements, visas, and recruitment passes Additionally, slow reporting from member states hampers understanding of the labor migration landscape Challenges like ASEAN's diversity, global populism, brain drain, and the need for flexibility in emergencies further complicate cooperation Despite these obstacles, opportunities exist for ASEAN migrant workers, including ASEAN's growing global influence, commitment to regionalism, and the potential benefits of the fourth industrial revolution.

The future of ASEAN cooperation hinges on whether member states prioritize mutual interests and collaboration or maintain the current status quo While the potential for conflicts exists, threatening the longstanding relationships among ASEAN members, such scenarios are unlikely to materialize easily.

To enhance cooperation within ASEAN, several key suggestions are proposed Firstly, ASEAN must establish a robust system to ensure the effective implementation of its initiatives, requiring member governments to demonstrate genuine commitment by aligning actions with policies Secondly, fostering collaboration with external organizations and countries is essential to leverage additional support Thirdly, there is a pressing need for regulatory measures to guarantee the protection of migrant workers across all economic sectors, ensuring non-discriminatory access to social safeguards, healthcare, and compensation for work-related injuries, illnesses, disabilities, and fatalities Furthermore, more policy development is needed in the area of return and reintegration to significantly impact the related AFML recommendations Lastly, advancing public education initiatives is crucial to raise awareness and protect the rights of migrant workers.

Labor migration significantly influences global development, with four main types identified: incentive migration, demand migration, residential migration, and commuting migration This phenomenon impacts economies, cultures, societies, and international relations International cooperation on labor migration has evolved over the decades, particularly within ASEAN, which consists of ten Southeast Asian countries experiencing a notable increase in intra-regional worker mobility Although migration flows in ASEAN are lower compared to other regions, the number of workers migrating within these countries has tripled over the past few decades, reaching seven million, including undocumented migrants Approximately 6.8 million of these international migrants originate from within the ASEAN region, with Brunei Darussalam, Singapore, Malaysia, and Thailand serving as the primary destination hubs The Philippines leads in sending migrant workers, followed by Vietnam, Myanmar, Cambodia, and Lao PDR.

2007 witnessed an avant-garde move of the ASEAN, when it introduced the

The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, signed by leaders from all ten ASEAN member countries, marks a groundbreaking commitment to addressing labor migration issues within the region This declaration is significant as it highlights the growing emphasis on labor rights, driven by regionalism and the aspiration to strengthen ASEAN as a unified association The introduction of the ASEAN Community and the call for effective regional cooperation further underscore the importance of addressing labor-related challenges.

Ngày đăng: 11/07/2021, 08:27

Nguồn tham khảo

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Năm: 2014
5. Đoàn Thị Phương Diệp, Dương Kim Thế Nguyên (2018), “Quy định của pháp luật Việt Nam hiện hành về lao động nước ngoài trong bối cảnh pháp lý của Cộng đồng Kinh tế ASEAN”, Tạp chí Pháp luật và Thực tiễn, 36/2018, tr. 8-18 Sách, tạp chí
Tiêu đề: Quy định của pháp luật Việt Nam hiện hành về lao động nước ngoài trong bối cảnh pháp lý của Cộng đồng Kinh tế ASEAN”, "Tạp chí Pháp luật và Thực tiễn
Tác giả: Đoàn Thị Phương Diệp, Dương Kim Thế Nguyên
Năm: 2018
6. Hà Thị Minh Đức (2019), “Di chuyển lao động có kỹ năng của Việt Nam trong Cộng đồng ASEAN”, Học viện Khoa học Xã hội Sách, tạp chí
Tiêu đề: Di chuyển lao động có kỹ năng của Việt Nam trong Cộng đồng ASEAN”
Tác giả: Hà Thị Minh Đức
Năm: 2019
7. Nguyễn An Hà (2015), “Liên kết trong chính sách nhập cư của liên minh Châu Âu và một số gợi mở cho ASEAN”, Tạp chí Nghiên cứu Châu Âu, 22 (12) Sách, tạp chí
Tiêu đề: Liên kết trong chính sách nhập cư của liên minh Châu Âu và một số gợi mở cho ASEAN”, "Tạp chí Nghiên cứu Châu Âu
Tác giả: Nguyễn An Hà
Năm: 2015
8. Nguyễn Quý Hạnh (2016), “Di cư và phát triển: Lao động di cư Việt Nam ở Thái Lan”, Tạp chí Nghiên cứu và Phát triển, 6 (132) Sách, tạp chí
Tiêu đề: Di cư và phát triển: Lao động di cư Việt Nam ở Thái Lan”, "Tạp chí Nghiên cứu và Phát triển
Tác giả: Nguyễn Quý Hạnh
Năm: 2016
9. Lưu Văn Hưng, “Di chuyển lao động trong nội khối ASEAN thời gian gần đây và Vấn đề đặt ra đối với Việt Nam”, Nghiên cứu Đông Nam Á, 9/2008, tr. 35-43 Sách, tạp chí
Tiêu đề: Di chuyển lao động trong nội khối ASEAN thời gian gần đây và Vấn đề đặt ra đối với Việt Nam”, "Nghiên cứu Đông Nam Á
10. Đậu Tuấn Nam, “Khủng hoảng di cư và bài học về hợp tác quốc tế trong giải quyết vấn đề di cư hiện nay”, Thông tin Khoa học ã hội, tr. 50-57 Sách, tạp chí
Tiêu đề: Khủng hoảng di cư và bài học về hợp tác quốc tế trong giải quyết vấn đề di cư hiện nay”, "Thông tin Khoa học ã hội
11. Hoàng Khắc Nam (2017), Hợp tác và Hội nhập Quốc tế - Lý luận và Thực tiễn, Nxb Thế Giới, Hà Nội Sách, tạp chí
Tiêu đề: Hợp tác và Hội nhập Quốc tế - Lý luận và Thực tiễn
Tác giả: Hoàng Khắc Nam
Nhà XB: Nxb Thế Giới
Năm: 2017
12. Trần Thị Ngọc Quyên (2015), “Cam kết trong lĩnh vực dịch vụ và di chuyển lao động hướng đến Cộng đồng kinh tế ASEAN (AEC) và một số vấn đề đặt ra cho Việt Nam”, Tạp chí Kinh tế Đối Ngoại, 77 (77), tr. 65-76 Sách, tạp chí
Tiêu đề: Cam kết trong lĩnh vực dịch vụ và di chuyển lao động hướng đến Cộng đồng kinh tế ASEAN (AEC) và một số vấn đề đặt ra cho Việt Nam”, "Tạp chí Kinh tế Đối Ngoại, 77
Tác giả: Trần Thị Ngọc Quyên
Năm: 2015
14. Hoàng Thị Đoan Trang (2016), “Một số đề xuất phát triển thị trường lao động Việt Nam khi Việt Nam gia nhập Cộng đồng Kinh tế ASEAN (AEC)”, Tạp chí Kinh tế Đối Ngoại, 79 (79), tr. 3-12 Sách, tạp chí
Tiêu đề: Một số đề xuất phát triển thị trường lao động Việt Nam khi Việt Nam gia nhập Cộng đồng Kinh tế ASEAN (AEC)”, "Tạp chí Kinh tế Đối Ngoại, 79
Tác giả: Hoàng Thị Đoan Trang
Năm: 2016
15. Phạm Hoàng Vân Trang (2017), Lý thuyết năng suất cận biên của lao động và vấn đề di chuyển lao động Việt Nam sang các nước ASEANEnglish Sách, tạp chí
Tiêu đề: Lý thuyết năng suất cận biên của lao động và vấn đề di chuyển lao động Việt Nam sang các nước ASEAN
Tác giả: Phạm Hoàng Vân Trang
Năm: 2017
16. Abella, M., Martin, P. (2014), Reaping the Economic and Social Benefits of Labour Mobility: ASEAN 2015, Bangkok: International Labour Organization Sách, tạp chí
Tiêu đề: Reaping the Economic and Social Benefits of Labour Mobility: ASEAN 2015
Tác giả: Abella, M., Martin, P
Năm: 2014
17. ADBI, OECD, ILO (2019), Building Partnerships for Effectively Managing Labor Migration - Lessons from Asian Countries, Organisation for Economic Co- operation and Development Sách, tạp chí
Tiêu đề: Building Partnerships for Effectively Managing Labor Migration - Lessons from Asian Countries
Tác giả: ADBI, OECD, ILO
Năm: 2019
18. ASEAN (2007), ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers, Jakarta: ASEAN Secretariat Sách, tạp chí
Tiêu đề: ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers
Tác giả: ASEAN
Năm: 2007
19. ASEAN (2007), ASEAN Mutual Recognition Arrangement on Architectural Services, Jakarta: ASEAN Secretariat Sách, tạp chí
Tiêu đề: ASEAN Mutual Recognition Arrangement on Architectural Services
Tác giả: ASEAN
Năm: 2007
20. ASEAN (2009), ASEAN Socio-Cultural Community Blueprint, Jakarta: ASEAN Secretariat Sách, tạp chí
Tiêu đề: ASEAN Socio-Cultural Community Blueprint
Tác giả: ASEAN
Năm: 2009
21. ASEAN (2012), ASEAN Framework Agreement on Services, Jakarta: ASEAN Secretariat, https://asean.org/?static_post=asean-framework-agreement-on-services,accessed on 01/03/2020 Sách, tạp chí
Tiêu đề: ASEAN Framework Agreement on Services
Tác giả: ASEAN
Năm: 2012
22. ASEAN (2013), ASEAN Human Rights Declaration and Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration (AHRD), Jakarta:ASEAN Secretariat Sách, tạp chí
Tiêu đề: ASEAN Human Rights Declaration and Phnom Penh Statement on the Adoption of the ASEAN Human Rights Declaration (AHRD)
Tác giả: ASEAN
Năm: 2013

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