Evaluating ASEAN's Willing to Protect Migrant Workers: The Need for Reform
DOI:
https://doi.org/10.31098/ijmesh.v8i1.1677Keywords:
ASEAN; Migrant Workers; The Reform in ASEAN; EconomyAbstract
The ten Member States of the Association of Southeast Asian Nations (ASEAN), as one of the economically influential regional organizations globally, are growing significantly in intraregional migration. Intraregional migration follows migrant workers across the country. This paper discusses the current state of migrant worker protection, especially in the context of the developments, challenges, and prospects among ASEAN countries. This paper aims to critically examine why ASEAN is seemingly hard to protect its migrant workers during its importance in the region’s economic development. This paper will first show the fundamental and pragmatic factors to the significance yet inadequate protection of migrant workers. Having analyzed the factors, the authors will argue about the ineffective principle of ‘The ASEAN Way’ in ensuring migrant workers’ protection by demonstrating ASEAN member countries’ response to migrant workers’ rights. In conclusion, this paper proposes institutional reform for ASEAN and provides further research on the issue. The protection of migrant workers is a key feature of the region’s labor market. It is expected that each country will have a better regulation to implement a fair labor migration system for the interests of governments, employers, and migrant workers.
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Allison-Reumann, L. (2017). Integrating ASEAN in Labor Migration Policy: From Disjointed to Complementary Actor. Asian Politics and Policy, 9(3), 427–441. https://doi.org/10.1111/aspp.12329
ASEAN Secretariat. (2004). Vientiane Action Programme 2004-2010. ASEAN Secretariat.
Asvapromtada, S. (2021). The ASEAN–EU Relations and the ASEAN Regional Integration. In L. K. Chand, B.; Danner (Ed.), New Challenges and Opportunities in European-Asian Relations (pp. 109–131). Springer International Publishing. https://doi.org/10.1007/978-3-030-68632-1_5
Auethavornpipat, R. (2017). Assessing regional cooperation: ASEAN states, migrant worker rights and norm socialization in Southeast Asia. Global Change, Peace & Security, 29(2), 129–143. https://doi.org/10.1080/14781158.2017.1293021
Baker, C. (2016). The 2014 Thai Coup and Some Roots of Authoritarianism. Journal of Contemporary Asia, 46(3), 388–404. https://doi.org/10.1080/00472336.2016.1150500
Bal, C. S., & Gerard, K. (2018). ASEAN’s governance of migrant worker rights. Third World Quarterly, 39(4), 799–819. https://doi.org/10.1080/01436597.2017.1387478
Bowles, P. (1997). ASEAN, AFTA and the" New Regionalism". Pacific Affairs, 219–233.
Carmel, E., & Paul, R. (2013). Complex stratification: Understanding European Union governance of migrant rights. Regions and Cohesion, 3(3), 56–85. https://doi.org/10.3167/reco.2013.030304
Chao Jr., R. Y. (2017). Mobility, Mutual Recognition and ASEAN Community Building: The Road to Sustainable ASEAN Integration. Journal of International and Comparative Education, 6(2), 105–121. https://doi.org/10.14425/jice.2017.6.2.105
Compa, L. (2017). Migrant workers in the United States: connecting domestic law with international labor standards. Chi.-Kent L. Rev., 92, 211.
Fagerheim, M. G. (2015). Impact of remittances on economic growth in ASEAN: An empirical analysis, 1980-2012.
Fukunaga, Y. (2015). Assessing the progress of ASEAN MRAs on professional services. ERIA Discussion Paper Series, 21.
Hall, A. (2012). Migrant workers and social protection in ASEAN: Moving towards a regional standard? Journal of Population and Social Studies, 21(1), 12–38.
Harkins, B., & Lingreen, D. (2018). Labour Migration in the ASEAN Region: Assessing the Social and Economic Outcomes for Migrant Workers. http://www.migratingoutofpoverty.org/files/file.php?name=harkins-labour-migration-in-asean-update.pdf&site=354
Hoan, T. Q., Chung, D. Van, & Hoang, N. H. (2019). Taiwan–ASEAN Trade Relations: Trade Structure and Trade in Value Added. China Report, 55(2), 102–124. https://doi.org/10.1177/0009445519834371
Human Rights Watch. (2018). Hidden Chains: Rights Abuses and Forced Labor in Thailand’s Fishing Industry.
Kaur, A. (2018). Patterns and governance of labour migration in ASEAN: Regional policies and migration corridors. In Handbook of migration and globalisation. Edward Elgar Publishing.
Li, Q., Scollay, R., & Maani, S. (2016). Effects on China and ASEAN of the ASEAN-China FTA: The FDI perspective. Journal of Asian Economics, 44, 1–19.
Mack, V., & Lim, C. (2017). How emerging global trends may affect labour migration in ASEAN.
Manawapat, P. (2016). Commitment on Labor Protection. Royal Thai Embassy. http://www.thaianti-humantraffickingaction.org/Home/?p=1794
Mattheis, F., & Wunderlich, U. (2017). Regional actorness and interregional relations: ASEAN, the EU and Mercosur. Journal of European Integration, 39(6), 723–738. https://doi.org/10.1080/07036337.2017.1333503
Muthia, A. A. (2020). Legal Protection for Illegal Migrant Domestic Workers under the ASEAN Regulations and Its Implication for Indonesia. Indonesian Journal of International Law, 17(3), 307–326.
Olivier, M. (2018). Social protection for migrant workers in ASEAN: Developments, challenges, and prospects.
Pasadilla, G., & Abella, M. (2012). Social Protection for Migrant Workers in ASEAN (CESifo Working Paper Series, Issue 3914). CESifo. https://econpapers.repec.org/RePEc:ces:ceswps:_3914
Phuong Loan, L. T., & Giang, V. T. (2020). ASEAN-US ECONOMIC COOPERATION AND ITS IMPACTS ON REGIONAL SECURITY AND DEVELOPMENT. International Journal of Social Science and Economic Research, 5(10), 3103–3125. https://doi.org/10.46609/IJSSER.2020.v05i10.020
Prasetyo, H. (2009). The power(less) of ratification: holding the state responsible for human rights respect in Indonesia [McGill University]. https://escholarship.mcgill.ca/concern/theses/s1784m691
Severino, R. C. (2001). The ASEAN Way and The Rule of Law. ASEAN. https://asean.org/?static_post=the-asean-way-and-the-rule-of-law
Tobing, D. H. (2017). The problem with ASEAN’s new migrant workers pact. The Jakarta Post. https://www.thejakartapost.com/academia/2017/11/16/the-problem-with-aseans-new-migrant-workers-pact.html
Tripathi, M. (2015). European Union and ASEAN: A Comparison. International Journal of Research, 2(1), 376–384. https://journals.pen2print.org/index.php/ijr/article/view/1338
UNDP. (2015). The Right to Health. UNDP.
United Nations, Department of Economic and Social Affairs, Population Division. (2019). International Migrant Stock 2019. (United Nations database, POP/DB/MIG/Stock/Rev.2019).
Yap, L. (2018). Stamping Cultural Diplomacy. A Special Issue to Commemorate Singapore’s Chairmanship of ASEAN 2018, 47.
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Copyright (c) 2024 Emilia Fitriana Dewi, Ilham Nugraha, Agus Mulya Karsona, Dany Muhammad Athory Ramdlany, Umi Zuraida
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