Free Flow of Labor in ASEAN 2015

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ASEAN Integration:

The 3 “Communities” & Implications to Mobility of Seafarers

Prepared by the POEA Marketing Branch for the National Maritime Polytechnic

Stakeholders’ Forum: Impact of the ASEAN Integration on

Philippine Maritime Manpower

19 August 2015

 labor mobility can both be a factor and driver of economic growth

 toward ASEAN integration, there are

“communities” that cover inter-related spheres of integration

Image source: http://phangngacommunitycollege.blogspot.com

Outward Mobility, Global

TABLE 2 - Number of Deployed Overseas Filipino Workers by Type: 2009 - 2014

TYPE

Total

Landbased Workers

New Hires

Rehires

Seabased Workers

2009 2010 2011 2012 2013 2014

P

1,422,586 1,470,826 1,687,831 1,802,031 1,836,345 1,802,542

1,092,162 1,123,676 1,318,727 1,435,166 1,469,179

349,715 341,966 437,720 458,575 464,888

1,405,372

485,117

742,447 781,710 881,007 976,591 1,004,291

330,424 347,150 369,104 366,865 367,166

920,255

397,170

P-Preliminary Data

Outward Mobility, Landbased

Workers2014

2014 DEPLOYED OVERSEAS FILIPINO WORKERS BY COUNTRY/DESTINATION*

TOP COUNTRY/DESTINATION-TOTAL

COUNTRY/DESTINATION NEW HIRES REHIRES TOTAL

3 Singapore

8 Malaysia

15 Brunei

19 Thailand

22 Indonesia

25 Vietnam

39 Lao PDR

40 Cambodia

44 Myanmar

- LAC NAIA

- LAC MACTAN

- LAC DAVAO

- LAC CLARK

*Central Office Data. Preliminary as of January 7, 2015

346

91

172

459,366

1,579

27

13,883

13,974

3,266

234

363

382

4,007

1,004

1,179

939

668,923

40,124

2,860

67,478

10,855

5,268

4,579

3,771

2,878

114,691

1,350

1,270

1,111

1,128,289

41,703

2,887

81,361

24,829

8,534

4,813

4,134

3,260

118,698

Outward Mobility, Seafaring

TABLE 8 - Number of Deployed Seafarers by Top Ten Flags of Registry: 2009 - 2014

FLAG OF REGISTRY 2009 2010 2011 2012

1 Panama

2

3

6

7

Bahamas

Liberia

Total

4 Marshall Islands

5 Singapore

Malta

Bermuda

8 Norway

9 Italy

330,424

67,361

347,150

66,523

369,104

72,614

366,865

67,567

36,054 41,814 42,363 38,942

29,796 32,561 39,260 36,912

18,068

15,674

21,824

16,417

24,235

17,401

25,795

19,488

14,786 16,971 17,116 17,662

7,620 9,562 12,830 12,621

11,447

8,486

12,136

11,927

14,187

12,822

11,916

11,564

10 Netherlands 9,281 9,602 10,198 10,644

Other Flags of Registry 111,851 107,813 106,078 113,754

2013

367,166

69,297

41,627

35,585

27,444

18,820

19,249

15,203

11,877

11,865

7,921

108,278

2014

P

397,170

70,489

50,065

35,379

31,601

21,997

23,180

16,513

13,315

12,296

12,562

109,773

P-Preliminary Data

Outward Mobility, Seafaring

TABLE 9 - Number of Seafarers by Top Ten Occupations: 2009 - 2014

OCCUPATION 2009 2010 2011 2012

1

2

3

4

5

6

Able Seaman

Oiler

Ordinary Seaman

Chief Cook

Second Mate

Bosun

Total 330,424 347,150 369,104 366,865

45,338 47,864 53,239 50,075

27,483 28,523 31,424 28,959

23,737 24,794 27,999 25,530

12,651 13,252 14,827 13,914

12,119 12,876 14,189 13,235

11,555 12,039 13,621 12,783

7 Third Engineer Officer 11,307 11,695 12,701 11,855

8 Messman

9 Third Mate

10,536 11,238 12,531 11,171

9,857 10,025 11,152 10,275

10 Waiter/Waitress

Other Occupations

8,848 9,864 9,123 9,942

156,993 165,000 168,298 179,126

2013

367,166

51,537

29,730

26,046

14,040

13,591

13,208

12,031

11,146

10,546

9,426

175,865

2014

P

397,170

57,438

31,866

28,065

15,706

14,648

14,435

12,977

11,503

11,392

11,508

187,632

P-Preliminary Data

ASEAN Economic

Community

(AEC)

Rules of Labor Mobility

 “Free flow” under AEC is not absolutely free

 managed and not automatic

 rules-based

 still governed by domestic (immigration and labor) regulations

 recognition of qualifications is key

What are the rules?

Policies, Outward Labor Mobility

 Philippines - Omnibus Rules and Regulations

Implementing the Migrant Workers and Overseas

Filipinos Act

 POEA Landbased Rules

 POEA Seabased Rules

 Indonesia - Government Regulations concerning the

Procedures for the Implementation of Indonesian

Employment Abroad By Government (Government

Regulation No. 4 of 2013)

Policies, Inward Labor Mobility ASEAN

Countries

 Malaysia is implementing accreditation of Philippinebased health facilities that undertake health examinations for workers bound for Malaysia

 Singapore is putting up foreign worker levies and hiring quotas

Policies, Inward Labor Mobility ASEAN

Countries

 Brunei is putting in place localization programs with the following components:

 foreign labor quotas, reduced effective June 2014

 freeze order for foreign workers: supervisors, assistant supervisors, promoters, drivers, bakers

(bread and cake makers), cashiers, butchers, in the wholesale and retail trade

 further freeze on foreign workers in transportation, hospitality, support eservices and ICT sectors

Policies, Inward Mobility

Philippines

Article 40 of the Labor Code, Employment permit of nonresident aliens. Any alien seeking admission to the

Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor.

The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired.

Policies, Inward Mobility

Limited Practice through Special Temporary Permit (STP)

The Bureau of Local Employment only offers limited occupational slots for foreign professionals because this depends on the needs of the country or the local labour market conditions

Policies, Inward Mobility

All 47 or 48 professions in the Philippines have been regulated before signing of ASEAN MRA thus existing policies and regulations must be considered in accepting foreign professionals. ASEAN Integration is still rulesbased thus all foreign professionals who opted to practice in the country should comply with existing policies and regulations.

Mutual Recognition Agreements under ASEAN

 across ASEAN, the priority occupations that are being opened up are those under MRA:

 2005 Engineering Services

 2006 Nursing Services

 2007 Architectural Services

 2007 Surveying

 2009 Accountancy Services

 2009 Medical Practitioners

 2009 Dental Practitioners

 2012 Mutual Recognition Arrangement on

Tourism Professionals (ASEAN MRA-TP)

 The ASEAN MRA on Tourism Professionals covers 6 general labor groupings:

 Front Office

 Housekeeping

 Food Production

 Food and Beverage Services (for Hotel

Services)

 Travel Agency

 Tour Operations (for Travel Services)

 Deployment statistics show that except for

Malaysia and Singapore, documented workers bound for ASEAN Countries remain low during the past 5 years

 Of special interest is Thailand where deployment is low but almost 20% are professionals under MRAs

ASEAN Socio-Cultural

Community

(ASCC)

ASEAN Instrument on Migrant

Workers

 The ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers (January 2007, 12th

ASEAN Summit, Cebu, Philippines.)

 Philippine initiative to promote the rights of migrant workers

 Outlines obligations of sending and receiving countries to its migrant workers in the region and commitment of ASEAN to protect and promote their rights.

 Landmark document : the first specific recognition of the rights of migrant workers in ASEAN.

ASEAN Instrument on Migrant

Workers

 As a follow up to the ASEAN Declaration on Migrant

Workers, the ASEAN Committee on the Implementation of the ASEAN Declaration on the Protection and

Promotion of the Rights of Migrant Workers (ACMW) was created during the Senior Labor Officials Meeting

SLOM) on May 2008:

ASEAN Instrument on Migrant

Workers

 Four (4) Main Work Thrusts

 Step up protection and promotion of the rights of migrant workers against exploitation and mistreatment

 Strengthen protection and promotion of the rights of migrant workers by enhancing labor migration governance in ASEAN.

 Regional cooperation against human trafficking in ASEAN, in cooperation w/ Senior Officials Meeting on Transnational Crime

 Development of an ASEAN Instrument on the protection and promotion of the rights of migrant workers

ASEAN Instrument on Migrant

Workers

ACMW-Drafting Team (ACMW-DT)

 ACMW Drafting Team created during the 1st ACMW

Meeting on September 2008 in Singapore and is primarily created to develop the ASEAN Instrument.

 Initially, composed of 2 sending countries (Philippines and Indonesia) and 2 receiving countries (Malaysia and

Thailand).

 Expanded to include the 10 ASEAN Member States prior to the 4th ACMW-DT Meeting held in Manila on

September 2011.

ASEAN Instrument on Migrant

Workers

 As of the 15 th ACMW-DT Meting (15-17 December

2014, Lao PDR) – Pending articles and principal issues remain unresolved. There are eleven (11) more articles or about 15% of the Instrument’s content to be finalized and three (3) principal issues which are prerequisite to the finalization of some pending articles.

 The unresolved articles and principle issues was elevated to the SLOM held in Manila, Philippines on 06-

08 May 2015 for resolution

 To be tackled by ALMM

Cooperation Structure in ASEAN

SLOM Subsidiary Bodies

ASEAN

Forum on

Migrant

Labor

SLOM working group on progressive labor practices to enhance the competitiveness of ASEAN

ASEAN committee on the implementation of the ASEAN declaration on the protection and promotion of the rights of migrant workers (ACMW)

SLOM

ASEAN occupational safety and health network

(OSHNET)

SLOM working group on HIV prevention and control in the work place

ASEAN Political-

Security Community

(ASCC)

3 Key Characteristics of the APSC

 a cohesive, peaceful, stable and resilient region

 community of shared values and norms: democracy, human rights and fundamental freedoms, good governance and the rule of law

 a dynamic and outward-looking region

3 Key Characteristics of the APSC community of shared values and norms: democracy, human rights and fundamental freedoms, good governance and the rule of law

International criminal organizations

Human (with women and child) trafficking

Drug trafficking

Financial fraud and money laundering

Terrorism

Piracy

Intellectual Piracy

ASEAN Community

ASEAN

Political-

Security

Community

(APSC)

Enhance rules and good governance for

ASEAN

ASEAN

Economic

Community

(AEC)

Enhance integration and competitiveness of

ASEAN

ASEAN

Socio-

Cultural

Community

(ASCC)

Enhance the wellbeing of ASEAN peoples

Migration Issues

Challenges & Opportunities

For Outward Mobility

 Alignment of curricula with international benchmarks

 Continuous worker learning, training and retaining

 Increased efficiencies in private recruitment

 Protection of those in vulnerable occupations

 domestic workers

Challenges & Opportunities

For Outward Mobility on Seafaring

 Alignment with STCW Manila Amendments

 Implementation of MLC standards and regulations at bilateral level with ASEAN member countries

 Cooperation on seafaring

 with receiving flags

 With seafarer-sending ASEAN member countries

Challenges & Opportunities

For Inward Mobility

 equity measures that will include transition strategies;

 industrial upgrading to strengthen and expand the base for decent employment

 improving competitiveness through continuous on-the-job skills acquisition and development

Imperatives for OFW

Protection

 develop a policy issuance that will require OFWs’ possession of appropriate license (professionals) or certification (skilled) prior to deployment to ASEAN countries

 develop capacities of frontliners to properly document outward mobility of workers toward AMS

Imperatives for OFW

Protection

 more on protection for vulnerable occupations : domestic workers, low and semi-skilled work

 Ethical recruitment practices

 Standard contracts, bilateral arrangements

 Anti-human trafficking and anti-illegal recruitment

 Instrument to implement the Cebu (ASEAN) Declaration on

Migrant Workers

 ILO Convention 188

Salamat po!

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