Category Archives: MFA Policy Briefs

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Resource: Policy briefs on bilateral agreements; joint and several liability

Category : MFA Policy Briefs

In recent years, a number of Asian governments have forged bilateral agreements (BLAs) and memoranda of understanding (MOUs) to govern labour migration. These government-to-government agreements are negotiated frameworks to facilitate the recruitment and movement of workers from country of origin to country of destination. BLAs and MOUs can be useful documents by which migrants, migrants’ rights advocates, lawyers, and other stakeholders can understand the commitments that origin and destination country governments have set for themselves in governing labour migration. Members and partners of Migrant Forum in Asia (MFA) have long been engaged in monitoring such agreements where they exist and in advocating for greater transparency and involvement in the process of their negotiation. In some cases, MFA members have advocated for the establishment of rights-based BLAs or MOUs where none yet exist as a mechanism of encouraging States to commit, on paper, to migrant labour regimes that respect and promote the rights of migrant workers and members of their families.
Access to justice is one of the principal challenges faced by migrant workers. In many cases, abused or illegally dismissed workers find it difficult or even outright impossible to file and prosecute labor complaints against their foreign employers. Once employment is terminated, the migrant worker has very limited options. Oftentimes, they are deported or opt to return to the home country without receiving their unpaid salaries, benefits and other monetary claims. Upon arrival in their home countries, migrant workers have no means to seek compensation from their abusive foreign employers. Having this scenario in mind, Philippine policy makers embodied in its laws the joint and several liability of recruitment/ placement agencies and the principal/employer for money claims of overseas Filipino workers to ensure that they can still prosecute their just claims against the foreign employer and the recruitment/placement agencies after they have returned to Philippines.

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Resource: Policy briefs on the role of missions and shelters

Category : MFA Policy Briefs

Migrant Forum in Asia issued new policy briefs which are useful for advancing migrants rights advocacy:

The role of missions in protecting and promoting the rights of migrant workers

There is an evident gap between the perceptions of embassy officials and migrant communities with respect to the role of the foreign mission. Migrant communities and migrants rights advocates have long held that foreign missions must strengthen their presence, responses, and advocacy on behalf of their nationals, particularly when human rights violations occur.

Providing shelter for distressed migrant workers: A rights-based approach.

The shelter exists because of the real and stark human cost of labour migration and restrictive immigration systems for low-income international Asian migrant workers. Protection of migrant workers must ultimately begin with prevention of human and labour rights violations of all migrant workers, regardless of immigration status; so that the demand for shelters would be significantly diminished. Given the failure to protect migrant workers, rights-based shelters can provide migrant workers who have been exploited and abused with vital support and assistance. Ensuring justice for the victims of rights violations remains essential for credible protection.

Check out MFA’s complete set of policy briefs here


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MFA Policy Briefs

Category : MFA Policy Briefs

The MFA network produced policy briefs which resulted from discussions and consultations about pressing issues quickly developing in the region:

These policy briefs are meant to:

  • Act as valuable communication tools to present MFA’s position and recommendations on diverse issues related to protecting and promoting the rights of all migrant workers;
  • Advance the thematic national and international advocacy of the MFA network by providing a coherent message from the social movement; and
  • Contribute to capacity building by providing a brief, readable document to use during consultations, trainings, lobbying and other related activities.