“Countries that receive migrant workers must also be responsible for ensuring basic human rights and dignity of migrant workers by ensuring that they receive fair treatment and are protected from harsh working conditions and cruelty,” said the director of information, political communication, law and security at the Directorate General of Information and Public Communication under the Communications and Informatics Ministry, Bambang Gunawan, at the Webinar Series #4 ASEAN Talk, with the theme “ASEAN's Role in the Protection and Promotion of Migrant Workers' Rights” in Lombok on June 13.

As of Aug. 1 of this year, there had been 1,182 reports by migrant workers facing human rights violations. In July, for example, 60 Indonesian citizens were reported to have been detained in Cambodia due to fraud. In early 2022, a boat carrying 13 undocumented Indonesian workers sank in the waters off Pontian, Johor, Malaysia, killing six.

The two cases were only a small part of the overreaching problem that ASEAN migrant workers have to face. Many fall victim to distribution through unauthorized channels while others must give up on improving their welfare due to fraud. In the year to July, 291 Indonesian migrant workers had become victims of fraud and 133 were repatriated.

On Nov. 14, 2017, leaders of ASEAN countries finally signed the Consensus on the Promotion and Protection of the Rights of Migrant Workers at The 31^st ASEAN Summit in Manila, the Philippines. It was a mutual agreement between ASEAN countries to strengthen the protection of migrant workers and their families in the region.

The consensus covered migrant workers’ rights as well as the obligations of the countries that sent them and received them. The migrant workers’ home countries are responsible for providing pre-departure briefings on human rights, labor rights, working conditions, legal, social, cultural and other related significant information about their destinations and are responsible for helping them fulfill health requirements.

Migrant workers also have the right to meet with family members, retain their personal documents – including passports and work permit documents – and receive equal legal support when detained or imprisoned while awaiting trial.

Furthermore, migrant workers must also be privy to information about their employment, receive clear contracts and terms of employment and receive fair treatment at a reasonable place of work according to the laws, regulations and national policies of the recipient country.

Migrant workers are also entitled to decent remuneration, benefits and income. They must be allowed to send money back to their families and retain their savings through authorized means. They must also be allowed to file complaints and associate with workers’ associations or organizations.

Stakeholders must also work to understand the procedures and regulations needed to receive migrant workers in their countries while taking action against potential users of illegal migrant workers. They are also responsible for combatting high recruitment costs and facilitating legal assistance interpreters, as well as consular functions for migrant workers.

ASEAN plays a large role in protecting migrant workers, from the establishment of organizations for migrant workers where they can also participate to ensuring their safety while working abroad.

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