Policy brief: Fair recruitment of Lao migrant workers: A comparative review with international labour standards and guidelines

This policy brief offers a comparative analysis of the labour migration governance framework in relation to international standards and guidelines and provides recommendations to help ensure fair recruitment and decent work for Lao migrant workers.

The ILO Ship to Shore Rights South-East Asia programme has been working in close collaboration with the Ministry of Labour Social Welfare to strengthen policy and legislation related to the recruitment of Lao migrant workers since 2020. To support this effort, a comparative analysis of the labour migration governance framework was undertaken in relation to key international labour standards and guidelines, including the Private Employment Agencies Convention, 1997 (No. 181) and the ILO General Principles and Operational Guidelines for Fair Recruitment. 

Although the Lao policy and legal framework was found to be in alignment with international labour standards and guidelines in many respects, the analysis identified significant legislative and implementation gaps. These include incomplete prohibitions on worker-paid recruitment fees and related costs, challenges in enforcing penalties and providing remedies for abuses, procedural and capacity challenges in dispute resolution, and lack of clarity and in the responsibilities of government agencies.

The policy brief recommends that the Lao Government consider ratifying the Private Employment Agencies Convention, 1997 (No. 181) to take the next steps forward in improving protection of the rights of Lao migrant workers during recruitment and placement. The ILO stands ready to provide any further technical support required by the Lao Government and social partners to facilitate the process of ratification for Convention No. 181 in the Lao People’s Democratic Republic.

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Regional Planning Meeting for Promoting ASEAN Women Migrant Workers’ Rights through Organizing

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  • 11th October 2018

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  • Time : 8:30am - 4:45pm

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Spotlight on Gender-sensitive Reporting in Journalism

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  • 24th March 2021

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  • Time : 2:30pm - 4:45pm

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COVID-19 and women migrant workers in ASEAN

This brief explores the multi-dimensional impact of the COVID-19 pandemic on women migrant workers in and from the ASEAN region. While women migrant workers in the ASEAN region strive to protect their livelihoods and their health, COVID-19 has presented them with a health crisis, compounded by detrimental impacts on freedom from violence and harassment, employment, income, social protection, access to services, and access to justice. This brief outlines the critical programmatic and policy responses needed. ILO-UN Women Safe and Fair Programme, as part of the EU-UN Spotlight Initiative, is committed to ensuring women migrant workers’ rights are protected and they receive support when and where they need it.

 

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Experiences of ASEAN migrant workers during COVID-19: Rights at work, migration and quarantine during the pandemic, and re-migration plans

The COVID-19 pandemic is disrupting labour migration throughout the ASEAN region and globally. In 2019 there were an estimated 10 million international migrants in ASEAN, of whom nearly 50 per cent were women. The ILO undertook a rapid assessment survey, interviewing ASEAN migrant workers from end-March to end-April 2020 about how COVID-19 has impacted them. This brief summarizes the responses of the 309 women and men migrant workers who participated in the survey.

 

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A very beautiful but heavy jacket: The experiences of migrant workers with diverse sexual orientation, gender identity and expression in South-East Asia

The study reveals migrant workers with diverse sexual orientation, gender identity and expression (SOGIE) in South-East Asia benefit from labour migration, yet experience discrimination.

Among the millions of migrant workers who move between countries in South-East Asia and beyond, little is known about the motivations and experiences of migrant workers who are also people with diverse sexual orientations, gender identities and gender expression (SOGIE) including lesbian, gay, bisexual, transgender, and queer people.

This report fills that gap. It draws on surveys and interviews with 147 migrant workers with diverse sexual orientations, gender identities and gender expressions, exploring their experiences across the migrant work journey as they travel from countries of origin such as Cambodia, Myanmar, the Philippines and Viet Nam to work in countries of destination in South-East Asia (especially Thailand), East Asia, and beyond.

The report also explores how labour migration policies and practices can acknowledge or address these experiences while protecting and promoting the rights of migrant workers with diverse SOGIE.

 

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Gender equality in labour migration law, policy and management (GEM Toolkit)

The Gender equality in labour migration laws, policy and management GEM Toolkits is a set of nine practical tools, developed by the International Labour Organization (ILO) to facilitate the implementation of gender mainstreaming strategies in labour migration and related employment, social protection, and equality laws, policies, programmes, projects, as well as in day-to-day labour migration management practices.

The overall purpose of the GEM Toolkit is to contribute to eliminating discrimination against low-income women migrant workers in employment and occupation, and to shaping more gender-responsive labour migration laws, policy, and management in ASEAN for the benefit of both women and men migrant workers.

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Regional operational guidelines on fair and ethical recruitment in ASEAN. Improving regulation and enforcement: A resource for regulators

The regional operational guidelines provide guidance to government regulators on fair recruitment practices, licensing private recruitment agencies, monitoring recruitment processes, and acting on complaints related to the recruitment process. Developed within the framework of the ILO general principles and operational guidelines for fair recruitment, these regional operational guidelines are relevant to both countries of origin and destination.

Labour migration plays an important role in fostering economic and social development in the ASEAN region. Fair and ethical recruitment can protect migrant workers from experiencing labour rights’ violations, including trafficking and forced labour. However, recruitment is often an imperfect process, characterized by fraudulent and exploitative practices. These imperfections have been particularly damaging to the interest of workers seeking jobs across national borders.

The new ILO regional operational guidelines on fair and ethical recruitment provide guidance on licensing of private recruitment agencies, the monitoring of recruitment processes, effective inspection and enforcement mechanisms, and acting on complaints. The regional operational guidelines have been developed as a practical resource for regulators in the ASEAN region and are intended to apply to both countries of origin, and destination, depending on the context.

 

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