Dec. 18: A day to salute the courage of migrants and to promote and protect their human rights
17 December 2006 6:00 pm

On the international day for migrants, FORUM-ASIA pays tribute to the millions of Asian migrants and takes this opportunity to urge Asian governments to put in place legislative and administrative mechanisms of protection and promotion of the human rights of all migrants. In this statement, FORUM-ASIA also urged all Asian governments to ratify and implement the International Convention on the Protection of the Rights of all Migrants Workers and Members of Their Families.On the international day for migrants, FORUM-ASIA pays tribute to the millions of Asian migrants and takes this opportunity to urge Asian governments to put in place legislative and administrative mechanisms of protection and promotion of the human rights of all migrants. In 1997, Asian migrant organizations began celebrating and promoting December 18 as the International Day of Solidarity with Migrants. In the year 2000, December 18, the day on which the United Nations adopted the International Convention on the Protection of the Rights of all Migrants Workers and Members of Their Families, was first celebrated throughout the world as the day to remember, celebrate and join together in solidarity with all migrants.

Currently, there are an estimated 50 million documented migrants in Asia as a whole (in addition to the undocumented or irregular migrants who rarely appear on official statistics, the often uncounted millions of internal migrants, as well as Asians who move to other continents). All Asian countries have had a long historical experience of migration, and our societies and cultures have been considerably enriched by their contributions and hard work. Migrants in Asia, and Asian migrants who travel abroad to live and work, bring to these countries a wealth of expertise and skills, the colour and flair of diverse cultures, new perspectives and technologies.

Yet migrants are often the most vulnerable to discrimination, abuse and exploitation. Even before they leave their countries of origin, many decisions to migrate for employment are made not truly voluntarily, but as a result of pressures arising from severe economic deprivation, protracted conflicts, environmental crisis, and/or deficits in development. Many sending states in Asia have failed adequately to address insecurity, discrimination, poverty and maldevelopment. Many have also not put plans in place to achieve poverty reduction and development aims, including as a minimum the achievement of the targets provided by the Millennium Development Goals. As a consequence, migrants are compelled to move not as a result of an informed and truly voluntary decision, but because of direct or indirect coercion, including through the denial of fundamental human rights.

Once in the host country, migrants who do not have adequate documentation or find themselves in an irregular situation are at increased risk of human rights abuse. The vulnerabilities of irregular migrants arise principally from a lack of legal status and the fact that most are employed in unregulated informal sectors of the economy. Those committing abuses against irregular migrants, such as their employers, are often able to operate with impunity, knowing that these individuals are unable or unwilling to contact the authorities or seek legal redress. Up to half of all global migrants are women, and in some Asian countries women constitute more than 70% of migrant workers. While for many women, as for men, migration can be an important empowering or emancipating experience, the fact remains that migrant women are particularly at risk of discrimination, exploitation and abuse, because of their status as women, as migrants, and often as workers in non-regulated and gender-segregated labour markets.

The situation of migrants in Asia is made more precarious by the fact that very few countries have robust national protection mechanisms in place for migrants. In addition, there is no regional mechanism specifically to protect migrants in Asia. Despite more than a decade of talk and commitments on paper, the Association of South East Asian Nations (ASEAN) has yet to establish a regional human rights mechanism. ASEAN governments have, however, recently made a commitment to elaborate an instrument to protect and promote the rights of migrant workers, and FORUM-ASIA calls on these governments to establish such a mechanism without delay. Other sub-regions in Asia should also make timely moves towards the establishment of a system of protection for migrant workers and their families.

In order to ensure that all migrants in Asia are able to live and work in safety and enjoy their human rights, FORUM-ASIA urges all Asian governments to ratify and implement the International Convention on the Protection of the Rights of all Migrants Workers and Members of Their Families. It is time that the work, their many contributions to society, the courage and the strength of migrants in Asia are recognized and respected.