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Brunei Darussalam, Cambodia, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand, Viet Nam (118) > International agreements (3)

Name: ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers.
Country: Brunei Darussalam, Cambodia, Indonesia, Lao People's Democratic Republic, Malaysia, Myanmar, Philippines, Singapore, Thailand, Viet Nam
Subject(s): Other international agreements
Type of legislation: International agreement
Adopted on: 2007-01-13
Entry into force:
ISN: INT-2007-IA-93358
Bibliography: Legislation on-line Legislation on-line United Nations Inter-Agency Project (UNIAP) on Human Trafficking, http://www.no-trafficking.org PDF of Declaration in English PDF of Declaration in English (consulted on 2013-06-14)
Abstract/Citation: Sets out the general principles of the Declaration and then the obligations of both the sending and receiving parties. These include:

OBLIGATIONS OF RECEIVING STATES
5. Intensify efforts to protect the fundamental human rights, promote the welfare and uphold human dignity of migrant workers;
6. Work towards the achievement of harmony and tolerance between receiving states and migrant workers;
7. Facilitate access to resources and remedies through information, training and education, access to justice, and social welfare services as appropriate and in accordance with the legislation of the receiving state, provided that they fulfill the requirements under applicable laws, regulations and policies of the said state, bilateral agreements and multilateral treaties;
8. Promote fair and appropriate employment protection, payment of wages, and adequate access to decent working and living conditions for migrant workers;
9. Provide migrant workers, who may be victims of discrimination, abuse, exploitation, violence, with adequate access to the legal and judicial system of the
receiving states; and
10. Facilitate the exercise of consular functions to consular or diplomatic authorities of states of origin when a migrant worker is arrested or committed to prison or custody or detained in any other manner, under the laws and regulations of the receiving state and in accordance with the Vienna Convention on Consular Relations.

OBLIGATIONS OF SENDING STATES
11. Enhance measures related to the promotion and protection of the rights of migrant workers;
12. Ensure access to employment and livelihood opportunities for their citizens as sustainable alternatives to migration of workers;
13. Set up policies and procedures to facilitate aspects of migration of workers, including recruitment, preparation for deployment overseas and protection of the migrant workers when abroad as well as repatriation and reintegration to the countries of origin; and
14. Establish and promote legal practices to regulate recruitment of migrant workers and adopt mechanisms to eliminate recruitment malpractices through legal and valid
contracts, regulation and accreditation of recruitment agencies and employers, and blacklisting of negligent/unlawful agencies.

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