Capacity Building for the Rights of Migrant Workers

CAPACITY BUILDING FOR THE RIGHTS OF MIGRANT WORKERS

MALAYSIA 2017

A Course for Civil Society Advocates

Concept Note and Outline

1. Background and Justification

The Diplomacy Training Program (DTP) and Migrant Forum in Asia (MFA) have collaborated since 2004 on capacity building training programs for migrants’ rights advocates across South and Southeast Asia and the Middle East.Grounded in Nobel Peace Laureate José Ramos-Horta’s vision to advance ‘people’s diplomacy’, DTP/MFA’s programs have trained over 400 individuals in the past twelve years, providing them with the confidence, networks, knowledge, and practical skills necessary for them to make use of the available international human rights standards and mechanisms.

Following years of regional training programs, MFA’s members have requested tailored assistance at the national level. Consequently, DTP/MFA have developed national-level programs with content designed to meet country-specific needs. Feedback from the first such programs, conducted in Nepal in 2013/14, Sri Lanka in 2014/15, and Bangladesh in 2015/16, provided an opportunity for advocates to work together on developing strategies and plans to address specific human rights issues affecting migrant workers in their own countries, helping to build up CSO networks for migrant rights at the national level. The programs also shared good practice from other countries of origin, developed understanding of the situation in countries of destination and built links with NGOs and networks there.

As migration has moved up the political and policy agenda, it is now more important than ever for the voices of migrant workers and their advocates to be heard and to influence policy and practice. At the international level, the inclusion of migration in the UN’s post-2015 development agenda, signals new opportunities for advocates’ voices to be heard at same time as anti-migrant sentiments are dominating politics in an increasing number of destination countries. This is an important moment to continue building the knowledge, skills and networks of those individuals and organizations committed to promoting and defending the rights of migrant workers – and to address the remaining gaps with more in-depth training. Sustainable change relies on an informed and effective domestic constituency supporting reform of law, policy and practice.

Addressing abuses of the rights of migrant workers requires action in countries of origin and in countries of destination, and for strategic collaboration and networking between advocates in both country. DTP’s next course is therefore being held in Malaysia – a key country of destination with an unenviable reputation for abuses.

There are approximately 2.2 million documented and 1.3 million undocumented migrant workers in Malaysia – representing a third of the country’s total labour force. An estimated 40 per cent of these workers are women. Most migrants are employed in low-skilled and labour intensive jobs as ‘contract workers’, and their rights are restricted due to discrimination, language barriers, lack of awareness, and limited access to justice. Migrant domestic workers in particular remain isolated and exposed to potential abuse. It is believed that migrants make up the overwhelming majority of death row inmates

The UN, ILO, and the US government and international NGOs have all raised a range of concerns at abuses, including detention of irregular migrants, deaths in detention, forced labour, and barriers in access to health and to education for migrant children., ill treatment of workers, lack of health and safety, restrictions on freedom of movement and assembly, racism and xenophobia and extortion. Migrants experience a lack of access to justice. The treatment of migrant workers by the private sector (plantations, electronics sector) has also been put on the agenda of the corporate social responsibility movement.

Civil society advocacy is vital to narrowing the gap between internationally accepted standards and the real-life experiences of migrant workers. Effective advocacy requires knowledge, skills and planning. It requires people committed to making change working together to effectively influence law, policy and practice. This program has been developed to meet these needs.

There is a sophisticated, organised civil society in Malaysia, and a core of committed advocates focused on the rights of migrant workers. These individuals work with limited resources in NGOs, in professional associations, trade -unions and faith based organisations. In the wider social and political context, the concerns of migrant workers are marginalised and given relatively low political priority. The wider context includes diminishing space for civil society, corruption, upcoming elections, rising religious intolerance and growing authoritarianism.

Advocates have expressed the need to build wider networks within Malaysia, with advocates in countries of origin and internationally, to challenge negative perceptions of migrant workers that permit abuses to occur, and to learn from good practices in other countries.

The program will seek to continue to build the practical links between individuals and organizations in Malaysia and counterparts in countries of origin developed in previous programs. The program will take place at a strategic time in the context of wider efforts in the Association of Southeast Asian Nations (ASEAN) to develop and promote ASEAN standards and mechanisms on the rights of migrant workers.

2. Strategy and Objectives

DTP’s program strategy forms part of a broader theory of change, whereby the direct benefits of the training programs are expected to translate into more effective and strategic engagement with the international human rights system and national governments, and into more systematic participation in policy dialogues and in regional fora such as the Abu Dhabi Dialogue, the Colombo Process and ASEAN. The resulting policy reform – coupled with improved, rights-based service provision – will ultimately lead to better protection of migrant workers. This process is depicted in the diagram alongside,

Figure 1: DTP/MFA’s Theory of Change

Thisprogram will continue to apply DTP’s methodology of participatory human rights advocacy training to the capacity building priorities identified by MFA and the in-country partners for this program -building the knowledge, skills and networks of individuals and organisations committedto advancing the rights of migrant workers.

The overall objectiveof DTP/MFA’s activities is to enable migrants’ rights advocates in Malaysia to be more effective in their advocacy for the rights of migrant workers and for safe migration processes.

The immediate objectives will be:

Immediate Objective 1: To buildthe capacity (knowledge/skills/networks) of up to 15 core participants and up to 20 additional participantsfrom countries of origin to be more effective in their advocacy for the rights of migrant workers in Malaysia and in their engagement with UN/regional mechanisms – and in engaging with the private sector.

Immediate Objective 2:To strengthen participants’ networks on the national level, and to create opportunities for them to build relationships in origin countries as well as at the international level.

3. Activities and Organizational Arrangements

The DTP/MFA 2017 capacity building program in Malaysia will engage with the range of NGOs and CSOs working on the issues of migrant workers’ rights in Malaysia and in countries of origin. It will be held from March 2017 to December 2017- consisting of five four day modules, with follow-up guidance and support being given to participants between modules. The first module of the course was organised from 31st March – 3rd April, 2017.

DTP/MFA training program in 2017 isorganised in partnership with the Bar Council Migrants, Refugees and Immigration Affairs Committee (MRIAC),North-South Initiative,and Migration Working Group(See annex I for information on partners). DTP also has links with staff in the Faculty of Law in the University of Malaysia.

The program and individual modules will have a practical focus. DTP will work with its partners in the development and design of the program and each module. It is proposed that exercises incorporate real cases, and that the training supports the strategies and priorities of the partner organisations. Where possible and desirable the modules will facilitate engagement with the private sector and with government officials.

Assignments will be carried out in-between modules with guidance and support provided by DTP-MFA, and through local partners.Module content is likely to include engagement with the UN human rights system, business and human rights, access to justice, domestic work, strategic litigation, media skills, and the death penalty and the role of national human rights institutions. Specific emphasis will be placed on the emerging ASEAN architecture on human rights, migrant workers and the rights of women and children.

25 core participants from NGOs, trade unions, faith communities and migrant community networks have been selected by DTP/MFA and local partners. There is a shared commitment to achieving a gender balance and representation from key organisations and networks. The application process was an open one, with nominations sought from all organisations and networks actively involved in the issues and committed to the course outcomes.

Crucially, the program will seek to build practical links between individuals and organisations in Malaysia and their counterparts in countries of origin, by including participants from countries of origin. Advocates at each end of the migration process face very different concerns and work in different ways, with different perspectives. It is believed that this ‘corridor approach’ will help to develop a more holistic understanding and some important and enduring relationships to enable and encourage practical collaboration on cases.

Participants will be invited from Nepal, Bangladesh, Sri Lanka, Indonesia, Myanmar, Cambodia, and the Philippines to participate in the modules. This will build on the work previously done by DTP and MFA to build capacity of advocates in these countries.

As in previous programs, the core participants will be asked to invite additional participants to attend specific sessions/modules to enhance their outreach and networking strategies.

DTP/MFA will also collaborate with the UN and ILO – and the ILO Country Office in Malaysia. In 2011 the ILO launched a five-year AusAID-funded project to protect migrants within and from the Greater Mekong Sub-region from labour exploitation –TRIANGLE[1]. Efforts will also be made to engage with the government – and more effective engagement between civil society and the government is a key objective of the program. In addition the ILO is funding and organising a complementary capacity building program aimed at organisational capacity building of NGOs working for migrant workers.

Following completion of the full program, these core participants will receive a certificate from the Faculty of Law of the University of New South Wales, Sydney, Australia.

4. Indicative Program Approach –2017

The program will cover thematic areas that are especially relevant to the Malaysian context, including recruitment and gender issues, and there will be a focus on developing the capacity of advocates to engage their government effectively in relation to regional fora such as ASEAN, the Colombo Process, and the ADD – as well as using the commitments made in the SDGs. There will also be a focus on engaging with the private sector.

Module 1- The International Human Rights Regime and Strategic Advocacy in Malaysia

The first module of the program was organised from 31st March to 3rd April, 2017 in Kuala Lumpur. The programme’s introductory module built a shared understanding of key advocacy challenges and opportunities in Malaysia. Participants were asked to identify issues, and thematic priority areas. The objective of this was to focus on developing a shared understanding of key issues and of ways of working together. These will be moulded into advocacy and action plans for the year ahead that will be further developed throughout the course.

This module introduced key human rights standards and the UN/ILO human rights system – with practical guidance on how it can be used to influence change. Practical sessions on UNs Special Procedures was conducted to build knowledge on the UN Human Rights monitoring and accountability system.

Resource person/ advocate from country of destination (Singapore) facilitated sessions on strategic advocacy – using practical case studies to demonstrate how change can be achieved through advocacy. A session on Global Compact for Migration was facilitated by an expert from the IOM to build knowledge about the process and engagement opportunity for CSOs.

Participants divided themselves into four groups to work on different issues in between the modules – research on sudden death of migrant workers, dialogue with the TUs, submission of cases to the special procedures and AICHR, and effective engagement with the process of Global Compact. DTP will provide follow-up support to each group. Groups will report back to the participants in module 2.

Module 2: National Legal and Policy framework and Case Management

In this module participants will be introduced to the current policy and legal framework governing migrant workers in Malaysia. The participants will analyse the legal and policy framework to identify gaps in implementation.

The module will have sessions on case management and referral system. The objective of this session is to develop skills on effectively identifying information and documenting cases for evidence and reporting. The MRVRS system of documenting cases will also be introduced. It will also explore how new Indicators on the Human Rights of Migrants that are being developed by the OHCHR, ILO and MFA under the World Bank’s KNOMAD project could be integrated into domestic advocacy agendas. This will help participants to understand the value of good documentation – and help to develop documentation skills.

Module 2 will continue to strengthen knowledge and skills on strategic advocacy tools and techniques introduced in module 1, and identify avenues for participants to work in-between modules on building advocacy strategy.

Module 3: Exploring Alternative Avenues for Advocacy and Developing Media Skills

In this module participants will be asked to reflect on the different options that are available for advancing the rights of migrants – including domestic remedies through the courts, and engaging with SUHAKAM and through emerging regional institutions in ASEAN – possibly including a new ASEAN Framework Instrument on the Protection and Promotion of the Rights of Migrant Workers, as well as ASEAN Commissions on Human Rights, on Women and Children and on Migrant Workers.

In addition, time will be dedicated to exploring means of engagement with national and international media. With the help of the Media-Friendly Glossary on Migration[2], participants will examine ways of improving reporting on migrant workers’ rights.

Module 4: Business and Human Rights

In this module participants will be introduced to the emerging international frameworks on human rights and business – including the OECD Guidelines for Multinational Enterprises – and will explore how these apply to private sector actors involved in labour migration. It will also seek to draw on emerging best practices in ethical recruitment.

The module will involve practical engagement with the National Association of Employment Agencies (Pikap). ILO trainers will be invited to discuss the Fair Recruitment Initiative, as well as ILO’s Private Employment Agencies Convention, 1997 (No.181), which Malaysia has yet to sign/ratify. The module will also introduce IOM’s International Recruitment Integrity System (IRIS), as well as RecruitmentReform.org.

While Malaysia has ratified the ILO’s 1930 Forced Labour Convention as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, the ILO’s 2014 Forced Labour Protocol will be examined as a new instrument that provides specific guidance on effective measures to eliminate all forms of forced labour, including human trafficking.

Module 5: Building Alliances and Effective Networks

This final module will seek to consolidate the learning and experiences of participants and build on the group work and assignments set between modules. It will have a focus on areas that participants have prioritised and feel that they need more training on.

The module will bring together participants from Malaysia, Bangladesh and Nepal to examine the way forward in terms of the building and maintenance of strong national, regional and international alliances.

Relevant tools will be presented including the ILO Asia Pacific Migration Network and the Migration and Development Civil Society Network (MADE).

5. Intended Beneficiaries

The ultimate beneficiaries of these programs are the millions of migrant workers and their families who would benefit if agreed minimum labour and human rights standards were applied to labour migration policy and practice.

The most immediate targets for training are civil society advocates who have a commitment to the rights of migrant workers (and are oftentimes migrant workers themselves), and who are actively engaged in relevant work to promote and protect the rights of migrant workers. Other targets include those working for organisations with a direct role and mandate relevant to migrant workers that have the potential to make a strategic impact and that should be part of larger efforts to secure respect for the rights of migrant workers – particularly staff of NHRIs.

6. Expected Outcomes and Impacts

1. Participants’ knowledge and skills will have developed (including their advocacy skills, communication skills, their knowledge of international mechanisms and understanding of specific issues on the national level).
2. Participants’ networks will be strengthened,primarily on a national, but also on a regional and international level.
3. Physical outputs will have been produced, including action plans.
4. Participants will have worked together on specific cases and issues – including across borders
5. Participants will be able to engage more strategically and effectively with UN mechanisms and regional fora, and will feel more confident in doing so.
6. DTP/MFA’s network of alumni will have been consolidated

The expected long-term impact is that the knowledge, skills, and networks developed during trainings will translate into more effective advocacy, and policy changes.