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 P 2009 2010 2011 2012 2013 2014 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 1,405,372 349,715 341,966 437,720 458,575 464,888 485,117 742,447 781,710 881,007 976,591 1,004,291 920,255 330,424 347,150 369,104 366,865 367,166 397,170 P-Preliminary Data Outward Mobility, Landbased Workers2014 2014 DEPLOYED OVERSEAS FILIPINO WORKERS BY COUNTRY/DESTINATION* TOP COUNTRY/DESTINATION-TOTAL COUNTRY/DESTINATION 3 8 15 19 22 25 39 40 44 Singapore Malaysia Brunei Thailand Indonesia Vietnam Lao PDR Cambodia Myanmar - LAC NAIA NEW HIRES 13,883 13,974 3,266 234 363 382 346 91 172 459,366 REHIRES 67,478 10,855 5,268 4,579 3,771 2,878 1,004 1,179 939 668,923 TOTAL 81,361 24,829 8,534 4,813 4,134 3,260 1,350 1,270 1,111 1,128,289 Outward Mobility, Seafaring TABLE 8 - Number of Deployed Seafarers by Top Ten Flags of Registry: 2009 - 2014 FLAG OF REGISTRY 2009 2010 2011 2012 2013 330,424 347,150 369,104 366,865 367,166 1 Panama 67,361 66,523 72,614 67,567 69,297 2 Bahamas 36,054 41,814 42,363 38,942 41,627 3 Liberia 29,796 32,561 39,260 36,912 35,585 4 Marshall Islands 18,068 21,824 24,235 25,795 27,444 5 Singapore 15,674 16,417 17,401 19,488 18,820 6 Malta 14,786 16,971 17,116 17,662 19,249 7 Bermuda 7,620 9,562 12,830 12,621 15,203 8 Norway 11,447 12,136 14,187 11,916 11,877 9 Italy 8,486 11,927 12,822 11,564 11,865 10 Netherlands 9,281 9,602 10,198 10,644 7,921 Other Flags of Registry 111,851 107,813 106,078 113,754 108,278 Total 2014P 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 Total 1 Able Seaman 2 Oiler 3 Ordinary Seaman 4 Chief Cook 5 Second Mate 6 Bosun 7 Third Engineer Officer 8 Messman 9 Third Mate 10 Waiter/Waitress Other Occupations 2009 2010 2011 2012 2013 330,424 347,150 369,104 366,865 367,166 45,338 47,864 53,239 50,075 51,537 27,483 28,523 31,424 28,959 29,730 23,737 24,794 27,999 25,530 26,046 12,651 13,252 14,827 13,914 14,040 12,119 12,876 14,189 13,235 13,591 11,555 12,039 13,621 12,783 13,208 11,307 11,695 12,701 11,855 12,031 10,536 11,238 12,531 11,171 11,146 9,857 10,025 11,152 10,275 10,546 8,848 9,864 9,123 9,942 9,426 156,993 165,000 168,298 179,126 175,865 2014P 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 15th 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 0608 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) ASEAN occupational safety and health network (OSHNET) SLOM SLOM working group on HIV prevention and control in the work place ASEAN PoliticalSecurity 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 PoliticalSecurity Community (APSC) Enhance rules and good governance for ASEAN ASEAN Economic Community (AEC) ASEAN SocioCultural Community (ASCC) Enhance integration and competitiveness of ASEAN 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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