Social protection for migrant workers: ILO standards and ASEAN … · 2019. 12. 14. · Social...
Transcript of Social protection for migrant workers: ILO standards and ASEAN … · 2019. 12. 14. · Social...
Social protection for migrant workers: ILO’s approach and ASEAN perspective
Loveleen De, ILO
Presented at the Asian Conference on Globalization and Labor Administration: Cross-Border Labor Mobility, Social Security and
Regional Integration
November 19-21, 2014, Manila, Philippines
No written or electronic reproduction of this document without the author’s permission
Agenda
• Social protection and its extension
• ILO’s standards and the protection of migrant workers’ social security rights
• Social protection floors
• Situation and challenges for migrant workers
• Way forward in ASEAN
Social protection and its extension
To cover against the financial consequences of:
What is social protection?
Life-cycle
Work injuryMaternity Unemployment
InvalidityFamilies with children
Sickness Medical care
Old ageDeath of thebreadwinner
To compensate for the loss of income and cover
health care expenditures
To facilitate access to social services and fulfill
basic needs
Financial support Access to services
Protection provided by society
Social transfers
What is social protection?
ILO’s standards and the protection of migrant workers’
social security rights
Social security is a human right
Universal Declaration of Human Rights, 1948
International Covenant on Economic, Social & Cultural Rights, 1966
Social Security (Minimum Standards) Convention (No. 102), 1952
Social Protection Floors Recommendation (No. 202), 2012
C128Invalidity,
Old-Age andSurvivors‘Benefits,
1967
C130MedicalCare andSicknessBenefits,
1969
C168EmploymentPromotion &
Protectionagainst
Unemployment,1988
C183MaternityProtection,
2000
8
C121Employment
InjuryBenefits,
1964
ILO’s standards for implementing the right to social security
Recommendation 202 on Social Protection Floors, 2012
Convention 102 on Social Security (Minimum Standards), 1952
Recommendation 67 on IncomeSecurity, 1944
Convention 118 on Equality of Treatment (Social Security) 1962
Convention 157 on Maintenance of Social Security Rights, 1982
C19Equality ofTreatment(Accident
Compensation),1925
Recommendation 69 on MedicalCare, 1944
C128Invalidity,
Old-Age andSurvivors‘Benefits,
1967
C130MedicalCare andSicknessBenefits,
1969
C168EmploymentPromotion &
Protectionagainst
Unemployment,1988
C183MaternityProtection,
2000
9
C121Employment
InjuryBenefits,
1964
ILO’s standards for implementing the right to social security
Recommendation 202 on Social Protection Floors, 2012
Convention 102 on Social Security (Minimum Standards), 1952
Recommendation 67 on IncomeSecurity, 1944
Convention 118 on Equality of Treatment (Social Security) 1962
Convention 157 on Maintenance of Social Security Rights, 1982
C19Equality ofTreatment(Accident
Compensation),1925
Recommendation 69 on MedicalCare, 1944
Stipulates- Nine social security benefits- Minimum coverage (e.g. 50% of all employees)- Minimum levels of benefits- Minimum duration of benefits- Maximum qualifying period to receive benefits
C128Invalidity,
Old-Age andSurvivors‘Benefits,
1967
C130MedicalCare andSicknessBenefits,
1969
C168EmploymentPromotion &
Protectionagainst
Unemployment,1988
C183MaternityProtection,
2000
10
C121Employment
InjuryBenefits,
1964
ILO’s standards for implementing the right to social security
Recommendation 202 on Social Protection Floors, 2012
Convention 102 on Social Security (Minimum Standards), 1952
Recommendation 67 on IncomeSecurity, 1944
Convention 118 on Equality of Treatment (Social Security) 1962
Convention 157 on Maintenance of Social Security Rights, 1982
C19Equality ofTreatment(Accident
Compensation),1925
Recommendation 69 on MedicalCare, 1944Country can ratify C118 with only 1 out of 9 benefits
Equality of treatment for:- all persons who are nationals of ratifying countries- refugees or stateless personsGuarantee of benefit portability for old age, invalidity, survivors, employment injury
Ratified by the Philippines for 7 branches
C128Invalidity,
Old-Age andSurvivors‘Benefits,
1967
C130MedicalCare andSicknessBenefits,
1969
C168EmploymentPromotion &
Protectionagainst
Unemployment,1988
C183MaternityProtection,
2000
11
C121Employment
InjuryBenefits,
1964
ILO’s standards for implementing the right to social security
Recommendation 202 on Social Protection Floors, 2012
Convention 102 on Social Security (Minimum Standards), 1952
Recommendation 67 on IncomeSecurity, 1944
Convention 118 on Equality of Treatment (Social Security) 1962
Convention 157 on Maintenance of Social Security Rights, 1982
C19Equality ofTreatment(Accident
Compensation),1925
Recommendation 69 on MedicalCare, 1944- Urges States to include migrant workers
under their national employment injury compensation fund, under the same conditions- Applies between ratifying States even without bilateral agreements- However, no obligation for payment of benefits abroad
Ratified by 6 ASEAN countries
C128Invalidity,
Old-Age andSurvivors‘Benefits,
1967
C130MedicalCare andSicknessBenefits,
1969
C168EmploymentPromotion &
Protectionagainst
Unemployment,1988
C183MaternityProtection,
2000
12
C121Employment
InjuryBenefits,
1964
ILO’s standards for implementing the right to social security
Recommendation 202 on Social Protection Floors, 2012
Convention 102 on Social Security (Minimum Standards), 1952
Recommendation 67 on IncomeSecurity, 1944
Convention 118 on Equality of Treatment (Social Security) 1962
Convention 157 on Maintenance of Social Security Rights, 1982
C19Equality ofTreatment(Accident
Compensation),1925
Recommendation 69 on MedicalCare, 1944
In ratifying C157, the country accepts the Convention’s obligations for all branches for which it has a scheme in placeRatifying States should endeavor to conclude bilateral or multilateral agreements- Maintenance of rights acquired (totalization): consideration of total
period of contributions in all countries to meet the qualifying period- Portability of benefits
Ratified by the Philippines
C128Invalidity,
Old-Age andSurvivors‘Benefits,
1967
C130MedicalCare andSicknessBenefits,
1969
C168EmploymentPromotion &
Protectionagainst
Unemployment,1988
C183MaternityProtection,
2000
13
C121Employment
InjuryBenefits,
1964
ILO’s standards for implementing the right to social security
Recommendation 202 on Social Protection Floors, 2012
Convention 102 on Social Security (Minimum Standards), 1952
Recommendation 67 on IncomeSecurity, 1944
Convention 118 on Equality of Treatment (Social Security) 1962
Convention 157 on Maintenance of Social Security Rights, 1982
C19Equality ofTreatment(Accident
Compensation),1925
Recommendation 69 on MedicalCare, 1944
- All residents should enjoy at least a minimum level of social security- Reaffirms the right to social security for all- Member states of the ILO should establish nationally-defined social protection floors as a fundamental element of their social security systems
Social protection floors
Recommendation No. 202 on Social Protection Floors
• Adopted at the 101st
International Labour Conference in 2012
• by 185 Member States456 “yes” votes1 abstention
• Formal sector workers usually have access to social protection
• Some schemes target the poorest, leaving the rest of the informal sector uncovered
• Migrant workers and their families are often left unprotected
Rest of informal sector Formal sector
Level of protection
Population
??
Poor
Extension of social protection
Social protection floor
• All residents should enjoy at least a minimum level of social protection
• Member states of the ILO should establish SPFs as a fundamental element of their national social protection systems
Poor Rest of informal sector Formal sector
Level of protection
Population
Nationally defined SPF
Social protection floor
• Based on the SPF, extend social protection to provide progressively higher levels of benefits to more people
Poor Rest of informal sector Formal sector
Level of protection
Population
Nationally defined SPF
Higher levels of social security to more people
All residents have access to essential health care, including maternity care
All children enjoy basic income security, providing access to nutrition, education, care, and any other necessary goods and services
All persons in active age who cannot earn sufficient income, enjoy basic income security, particularly in cases of sickness, unemployment, maternity, disability
All older persons have basic income security
Social protection floor
Four basic guarantees:
• No “one size fits all” approach
• SPFs are nationally-defined according to socio-economic priorities and available fiscal resources
Social protection floor
Situation and challenges in ASEAN
ASEAN Declaration in Cebu, 2007
• Adoption of the ASEAN Declaration on the Protection and the Promotion of the Rights of Migrant Workers
• Acknowledges the difficulties migrant workers and their families encounter in exercising their rights
• Committed all ASEAN countries to strengthen the protection provided to migrant workers
• “… receiving States will facilitate access to 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 States, bilateral agreements and multilateral treaties.”
ASEAN Declaration on Strengthening Social Protection
• Adopted at the 23rd ASEAN Summit in Brunei Darussalam, on 9 October 2013
• “Everyone, especially those who are poor, at risk, persons with disabilities, older people, out-of-school youth, children, migrant workers, and other vulnerable groups, are entitled to have equitable access to social protection that is a basic human right and based on a rights-based/needs-based, life-cycle approach and covering essential services as needed”
Social security laws in ASEANM
ed
ical
care
Sick
ne
ss
Un
em
plo
y
me
nt
Old
age
Wo
rk
inju
ry
Fam
ily
Mat
ern
ity
Inva
lidit
y
Surv
ivo
rs
Include migrants?
Singapore ● ● ● ● ● ● ● No
Brunei
Darussalam● ● ● ● ● ● ●
No
Malaysia ● ● ● ● ● ● ● Yes
Thailand ● ● ● ● ● ● ● ● ● Yes
Cambodia* ● ● ● ● ● ● ● Yes
Indonesia ● ● ● ● ● ● Yes
Lao PDR* ● ● ● ● ● ● ● ● ● Yes
Myanmar* ● ● ● ● ● ● ● ● ● Yes
Philippines ● ● ● ● ● ● ● Yes
Viet Nam ● ● ● ● ● ● ● Yes
* Law is in place, implementation in progress. Source: ASEAN Community 2015, ILO & ADB
Lack of access to social security
Some common challenges and barriers
• Often migrant workers may be excluded from social insurance laws and universal schemes
• Undocumented migrants disqualify from benefits
• Even when migrant workers contribute, they are not always entitled to benefits, as the qualifying conditions may require several years of contribution
• Inconsistency with immigration rules such as leaving the country at the end of the contract, and waiting period for receiving benefits
• Limited social security agreements between countries
Lack of access to social security
Some common challenges and barriers
• Insufficient portability of benefits (e.g. pensions)
• Contributory social security schemes have limited coverage, mainly of the formal sector
• Likely to take up hazardous jobs and informal employment (e.g. domestic workers), who are difficult to reach
• Limited care and support systems for migrant population (especially mothers with infants, newborns, children left at home, elderly)
• Lack of available information and language barriers
Case of ThailandFigure 1. Migrant workers’ right to social security
Source: ABND report for Thailand, 2013
Case of ThailandFigure 1. Migrant workers’ right to social security
High number of undocumented migrant workers, who are not entitled to any social security schemes.Even those who are documented face several problems.
Case of ThailandFigure 1. Migrant workers’ right to social security
Several migrant workers are not covered by the Compulsory Migrant Health Insurance (CMHI) scheme, due to problems like affordability and lack of information. CMHI provides some, though lower, protection as compared to UCS, which is only for nationals.
Case of ThailandFigure 1. Migrant workers’ right to social security
Even documented migrant workers may not be registered for SSF and WCF by their employers, and are therefore left uncovered.
Case of ThailandFigure 1. Migrant workers’ right to social security
Registered migrant workers have difficulties claiming SSF unemployment benefits due to:• The migrant worker has to leave the
country within 7 days of being retrenched, which does not allow them time to declare their “unemployed” status to DOE, SSO and to report every month, as required.
• DOE only accepts applications from Thai citizens, thereby excluding migrant workers.
Case of ThailandFigure 1. Migrant workers’ right to social security
Although migrant workers are covered in principle by WCF, in reality, most of them cannot satisfy the two conditions enacted by Circular RS0711/W751 issued on 25 Oct 2001:• migrant workers must possess a
passport or foreign registration documents
• employers must have registered them and paid contributions to WCF
Way forward in ASEAN
Proposed strategy
A process of Assessment-based National Dialogue (ABND) in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions
Step 1 – Building the assessment matrix
Step 2 – Estimating the cost of recommendations
Step 3 – Endorsement and further action by the government
ABND is a 3-step process
Objectives of ABND
How do we make the SPF a reality for the entire population of a country?
• Progressive ASEAN integration and the development of social security agreements
• Common database of social security situation across ASEAN
• Useful for pre-departure trainings for migrant workers
Proposed strategy
Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions
Support to the implementation of nationally defined social protection floors and higher levels of social security through Technical Cooperation, South-South exchange, etc.
South-South cooperation platform
• Existing South-South exchange initiatives at ASEAN level, e.g. health insurance
National Health Security Office, Thailand and National Social Security Fund, Cambodia
Universal coverage initiative led by Thailand for Lao PDR, Cambodia and Myanmar
Health insurance Masters course at Naresuan University, Thailand
ILO’s support to SPF and social security in ASEAN
Health
Unemployment
Pensions
?
Work Injury
Long term care
Harmonization of the delivery (Single Window)
SS Law and National SP Strategies
Proposed strategy
Assessment Based National Dialogue Exercises in all ASEAN countries: (1) Recommendations, (2) Build a common database of social security provisions
Support to the implementation of nationally defined social protection floors and higher levels of social security through Technical Cooperation, South-South exchange, etc.
Support to the implementation of social security agreements for the SPF and higher levels of social security
Challenges to the promotion of social security agreements in ASEAN
• Countries are equipped with different types of schemes (social insurance, provident funds, employers’ liabilities)
• Schemes and laws are fragmented at the national level (several ministries involved)
• Unequal levels of operational and administrative capacity across countries
• Principle of reciprocity (some are sending countries, others are receiving)
Social security agreements starting with employment injury?
• Many migrant workers are employed in hazardous jobs
• 8 ASEAN countries already have an operational social insurance scheme for this contingency
• 6 ASEAN countries have ratified Convention No. 19 (Indonesia, Malaysia, Myanmar, Philippines, Singapore, Thailand)
Migrant workers make crucial contributions to the economies of their employing country
as well as their home countries by sending remittances
It is time to recognize their contribution and ensure equal protection for them under the law
including access to social security
Conclusion
Thank you