Annual Consultation with the UN Special Rapporteur - CARAM Asia

Principal Documentor:
Chrishanne Sebastiampillai
Edited by:
Sharuna Verghis
Layout & Cover Design
Lesly Leon Lee
Published by:
CARAM Asia
Kuala Lumpur
Malaysia
March 2003
ISBN Number :
All rights reserved. No part of this publication may be reproduced in any form
without the prior permission of the publisher, except for the quotation of brief
excerpts of the content in reviews.

We would like to thank Ms. Gabriela Rodriguez, UN Special Rapporteur on Human
Rights of Migrants for participating in this first annual consultation in Asia.
We would also like to thank all our partner organizations for making this consultation
a fruitful experience.
Our appreciation and thanks goes out especially to our migrant brothers and sisters
who shared their experiences in the hope that the injustices and atrocities they
suffered may never occur again.
A list of organizations and participants are provided in Anexure- 1 of this report.

EXECUTIVE SUMMARY
The Annual Consultation with the United Nations Special Rapporteur on Human
Rights of Migrants held in Kuala Lumpur from 2-3 June 2002, focused on 5 main
aspects with regards to the human rights of migrant workers:
1. Human rights in general
2. Labor Rights
3. Health Rights
4. Socio-cultural rights (including that of spouses & families)
5. Women’s Rights
The central issues discussed with regards to these problems can be grouped
under three broad categories:
1. An understanding of basic human rights of Migrants:
The topics presented and discussed were on the perception and
expectations with regards to human rights of migrants and international/
national laws. In contrast to the ideal or norm there were gaps in the ways
governments set their standards, and laws & policies with respect to the
human rights of migrants. The issue of how governments can be made to
respond effectively was also discussed.
2. The current status with regards to the violations of migrant workers’ rights
(Human, Health, Women’s & Labor): Presentations summarized the
available data and its shortcomings.
3. International and national Laws and Policies affecting migrant workers &
the role of UN Special Rapporteur on Human Rights of Migrants.
PRESENTATIONS & DATA
The data from both the quantitative and qualitative information provided by
participants and in the formal presentations identified the following:
a. The increase in the number of undocumented workers.
b. The reduction in the quantity and deteriorating quality of health care
provided to migrant workers.

c. The serious violations of human rights of migrant workers that began in
the sending countries and persisted in the receiving countries.
d. The violation of health rights.
e. The poor documentation of abuse of migrant workers rights.
f. The health impact on migrant workers’ spouses (including STD’s).
g. The sexual abuse and violence experienced by spouses on the return of
migrant workers.
h. The increase in the smuggling and trafficking of persons with serious
human rights violations (rape, detention etc).
i. The abuse of migrant workers and trafficked individuals in detention camps.
j. The increased civil political unrest in Burma, Pakistan and other countries
that have forced people to leave their homelands and seek good
employment opportunities and a safe place to live.
k. That existing policies, even when they protected the human rights of
migrant workers neglected to promote the health rights of migrants.
l. That international law for the protection of migrant workers rights needs
to be developed. Implementation of the law should ensure a global
protection of migrant workers’ rights. Such a law would allow violators of
human rights of migrants to be prosecuted in an international court
irrespective of the country where the crime was committed.
KEY CONSULTATION FINDINGS:
Based on the information presented and discussions the key findings were:
Firstly a gross violation of human rights was prevalent. In reviewing the documented
materials, the presentations, and workshop outcomes, it was evident that the
available data was poorly documented. More accurate and timely quantitative and
qualitative information and documentation on violations of human rights of migrant
workers was urgently needed to present a more realistic picture.
Secondly the consultation highlighted the need for information exchange between
the Office of the UN Special Rapporteur on Human Rights of Migrants and Asian
NGOs. This would facilitate action at both international levels; (i) to strengthen
efforts to develop migrant friendly policies and (ii) to establish national/local
“watchdogs” to monitor and report abuses.

The third overall perspective the consultation demonstrated was the dynamic and
the critical role of NGOs in specific community based interventions to protect and
support migrant workers and their families.
The fourth major concern identified in the consultation was that resources available
to the UN Special Rapporteur on Human Rights of Migrants to fulfill her mandate
are limited. At the national level also there is a paucity of resources to implement
the range of key inter-connected activities that are necessary (gather data,
advocacy, networking, servicing etc).
The fifth theme that emerged in the consultation was the need for capacity building
of NGOs in documentation of data and CARAM’s role to facilitate the process.
CONCLUSION:
40 participants from 23 organizations in 12 countries attended the consultative
meeting with the UN Special Rapporteur on Human Rights of Migrant Workers.
Some of the major interventions suggested at the meeting were:
1) Data Collection:
Participants pointed out the recurring problems of abuse of migrant workers.
Monitoring and documentation of problems and violations in a timely manner
was considered a critical first step. It was felt that more quantitative and
qualitative research and active data collection was required.
2) Capacity Development:
There was consensus on the need for skills development for personnel in
NGOs and organizations that assist migrant workers. The skills needed were
w.r.t. data collection, documentation and working effectively with key
government organizations. Networking with health and human rights groups
and international agencies as well as media were also seen as very important.
3) Active Liaison with the Special Rapporteur
Participants expressed that the Role of the UN Special Rapporteur on Human
Rights of Migrants should be made more effective in the Asian context. More
country visits, advocacy and participation at international forums by the Special
Rapporteur were suggested useful mechanisms. The reporting of incidents
of human rights violations to the UN Special Rapporteur on Human Rights of
Migrants office, it was felt, would ensure access to a global audience.

KEY RECOMMENDATIONS:
Based on the consultation-data discussions and findings- the participants made
several recommendations:
1) The first set of recommendations refers to ways to strengthen the linkage with
the Office of the UN Special Rapporteur on Human Rights of Migrants. The
conference participants in concurrence with UN Special Rapporteur
recommended that CARAM and APWLD:
a) Develop a concept paper on issues related to NGO links with the UN
Special Rapporteur (reporting, lobbying mechanisms etc)
b) Develop a framework to document/monitor problems, violations and related
issues.
c) Assist in the training and capacity building needed in documentation and
reporting.
2) The second set of recommendations refers to enhancing the effectiveness of
the Office of the UN Special Rapporteur on Human Rights of Migrants:
a) It was recommended that violation of rights of migrant workers in Asia be
highlighted and reported to the UN High Commission for Human Rights
b) In keeping with an increase of migrant workers from Asia more funds be
sought to support activities including travel of the UN Special Rapporteur
on Human Rights of Migrants.
c) In order to reinforce efforts of NGOs and the UN Special Rapporteur on
Human Rights of Migrants, mutually supportive mechanisms for advocacy
and reporting w.r.t. migrant rights be built into the linkages between the
office of the UN Special Rapporteur on Human Rights of Migrants with
Asian migrant groups and migrant support groups. It was suggested that
CARAM serve this function of coordinating lobbying efforts with the UN
Special Rapporteur on Human Rights of Migrants.
d) Documentation and reporting be based on thematic issues, as well as
general issues such as agreements between sending and receiving
countries and how human rights are ensured.

3) The third set of recommendations refers to the initiatives at the national level
of NGO’s, namely,
a) To work closely with governmental agencies and international organizations
b) To network with NGOs and other groups involved in Human Rights.
c) To develop strategies to reduce the risks that migrant workers are exposed
to before entry (Pre departure), at initial employment (Post arrival), and
upon return to home (Reintegration).
d) To give priority to issues such as detention centres, rights of detainees
and survivors of trafficking.
The meeting concluded with the announcement that the next annual consultation
with the UN Special Rapporteur on Human Rights of Migrants will be held in July
2003.

Proceedings of the First Annual Consultation
with the UN Special Rapporteur on Human
Rights of Migrants
With
Asian Migrant Organizations and Migrant
Support Organizations

OPENING SESSION
Chaired by Irene Fernandez, CARAM Asia
Irene welcomed the participants to the first Consultation with the UN Special
Rapporteur on Human Rights of Migrants with Asian Migrant Organizations and
Migrant Support Organizations. She expressed that it was a privilege to have Ms.
Gabriela Rodriguez for this consultation. She stated that this consultation brought
a lot of meaning to each and every one of the participants because it was the first
in Asia. She hoped that there would be greater emphasis on the plight of migrant
workers in Asia.
Irene said that she had just returned from a trip to Bangladesh where she met with
the family of a deceased migrant worker. She was there to help facilitate the sending
back of the body of the migrant worker from Malaysia to Bangladesh. She described
a situation in which the migrant worker’s partner was holding on to his body to bury
him in Malaysia. On the other hand in Bangladesh, his family was anxiously waiting
for his body. She related that when she met the migrant worker’s family, the mother
of the migrant worker asked her whether she could have something of her son.
Irene stressed that it was about time that much more collaborative effort was made
to respect the life of each and every migrant worker. The big and beautiful Kuala
Lumpur International Airport and the tall and impressive e buildings in the Golden
Triangle of Kuala Lumpur were reflections of the life, toil, blood, sweat, and pain of
thousands of migrant workers who have contributed to what Malaysia is today. But
the migrant workers were so easily forgotten. She added that the film “My Migrant
Soul” that would be shown at the opening ceremony was made after she was
arrested and charged for publishing and for making known the conditions in
immigration detention centres in Malaysia. The film was an effort to help the world
get a glimpse of the soul of the migrant worker. She hoped that through this
consultation Ms. Gabriela Rodriguez would be able to enlighten the international
community and governments about the value and understand of the migrant soul.
She then invited Ms.Gabriela Rodriguez to address the participants.
The Special Rapporteur greeted the participants and expressed that she was
honoured to be at the meeting and hoped that in the two days a lot of hard work
would be done. She also stressed that there was a need to work very seriously on
our commitment to the migrant and especially the human rights of the migrant.
The women in the detention centres, migrant children and migrant men experienced
a very serious sense of loneliness and solitude. They were very alone. She thought
that this opportunity for CARAM Asia to organize this consultation was very
important. She expressed the need to be very strong and committed in our work.
Networking with others concerned with the human rights of migrants was necessary
to be effective in our lobbying. She also expressed the need to be very active and

strong in the coordination of our work. She pointed out that the migrants needed
us. The international community in the different regions needed to be aware about
the situation of migrants in receiving countries. She congratulated CARAM Asia
for its work.
She mentioned that she had just arrived from Manila, and her official visit in the
Philippines, where she visited migrants in detention centres and received the
testimony of migrant workers during her visits to jails. She also visited Zamboanga
where she had good discussions with the Philippine government.
She raised the need to address the issue of Asian migrants in the United States.
She had also just visited the United States where she spoke to migrant workers
and received testimonies of Asian migrants in jails and Asian migrants in the
detention centres in the United States and Mexico. She hoped that we could work
in union because we owe the migrant workers the possibility to help protect their
human rights.
Following the address of the UN Special Rapporteur on Human Rights of Migrants,
a video entitled the “Migrant Soul was shown to the participants.
At the end of the film, Irene invited Ms. Supriani and Mr. Saiful both migrants from
Indonesia and Bangladesh respectively to say a few words specially to Ms. Gabriela
Rodriguez.
Saiful 1 introduced himself as a migrant from Bangladesh and said that in the sharing
with the Special Rapporteur on Human Rights of Migrants, he represented the
migrant workers in Malaysia. He thanked the Special Rapporteur for taking the
time to come to Malaysia to help with the problems of migrants. The migrant workers
in Malaysia have so many kinds of problems with the government, police, company
and employers. He explained that when a migrant has a legal case pending, the
Malaysian government does not allow him/her to work. In addition, migrant workers
often faced harassment both by the Immigration and the police departments with
unnecessary remarks such as – “why did you come here and who gave you
permission to come here.” There were times when migrants wanted to make a
complaint at the police station and the police did not take them seriously. He shared
what migrant workers went through even though they worked hard. They were not
paid their salaries, their salaries were too low, and therefore they did not have
enough money to find a decent place to live.
He cited the example of his last work place. He had worked there for four years,
but the employers did not give him an agreement or salary increment, even though
they agreed that every year he would be given a salary increment. When he enquired
about the same, he was asked to hold on. In 1999, the workers filed a case in the
Malaysian Industrial Court. The case went on for 3 years. The case ended on
1
Name changed to maintain confidentiality

June 15, 2001, and the court’s decision was in favour of the migrant worker. The
employer appealed the decision and the appeal is still pending in the High Court.
The authorities said that they could not stay in Malaysia, but Tenaganita arranged
for a special pass from the Immigration for them. He then expressed his thanks to
Tenaganita and to Tenaganita’s director, Ms. Irene Fernandez for getting him a
special pass. He stated that he was still in Malaysia because he had no money, no
work and no ticket to go back home. He explained that he could not go anywhere
as the immigration and police can catch him because he does not have his passport
with him. It was at the immigration office. He said that the special pass he had was
not recognized, by the police as a valid document.
Following Mr. Saiful’s testimony, Ms. Suprianti, an Indonesian migrant worker and
Ms. Gabriela Rodriguez lit the Indian lamp, the “Kuttu Vilakku” to open the
consultation. The session then adjourned for tea.

THE STATUS OF HUMAN RIGHTS OF
MIGRANTS IN ASIA : ISSUES AND
CONCERNS
Sharuna Verghis, Regional Coordinator CARAM Asia, welcomed the participants
to the first session of the Annual Consultation with the UN Special Rapporteur.
She outlined the mandate of the UN Special Rapporteur on Human Rights of
Migrants who is an independent expert.
She also announced that CARAM was happy to state that next year’s annual
consultation with the UN Special Rapporteur for Human Rights of Migrants would
be jointly hosted by CARAM and APWLD.
The session on the Status of Human Rights of Migrants in Asia: Issue & Concerns
included the following presentations:
Labor Rights of Migrants in Asia:
- Ahmed’s testimony (a migrant worker from Bangladesh in Malaysia)
- Punitha’s testimony (spouse of Ahmed)
- Tenaganita’s presentation by Aegile Fernandez
Health Rights of Migrants in Asia:
- Rina’s testimony (migrant worker from Philippines)
- Sakiul Millat Morshed presentation (Shikkha Shastha Unnayan Karzakam)
Rights of Woman Migrants in Asia:
- Tati Krisnawati’s presentation (Asia Pacific Forum on Women, Law and
Development)
Rights of Spouses of Migrants in Asia:
- Issues/concerns of female spouses presentation by Malu Marin (Action
for Health Initiatives)
- Issues/concerns of male spouses presentation by David De Soysa (Migrant
Services Centre)

LABOR RIGHTS OF MIGRANTS IN ASIA
Testimony of Ahmed 2 & Punitha 3
This is the testimony of Ahmed a Bangladeshi migrant worker and Punitha his
spouse. Her testimony follows after Ahmed’s.
In 1988, I came to work in Malaysia. At that time I was put to work in a rubber
plantation to tap rubber trees. But because I did not have my passport and work
permit with me, I had problems. I was not paid my wages by my employer. Every
time, I asked my employer for my wages, passport and work permit, my boss
would show me a gun. So I worked there until 1992. In 1992, I got a special pass
and a work permit. Then in 1993, I met my wife. I married my wife in 1995. In
2001, the local authorities told me to go back to Bangladesh.
Punitha continued telling the story.
I am a widow, a single parent with 3 children. I met Ahmed in 1993. He spoke good
Tamil. I got to know him for 2 years and then I found out that he was a Bangladeshi.
But we continued our relationship. We got married in 1995. According to local law,
I married him according to Malay rites and converted to Islam with my 3 children.
After marriage, I got him a work permit and a job. In 2000, the Malaysian government
asked my husband to go back to Bangladesh and I followed him there. We were
not able to live there. We came back to Malaysia and I pleaded with the Malaysian
government to allow us to stay here. They said that I should not have married a
foreigner. I felt that I had a right to talk about my rights here because I got married
openly, the straight- forward way. I did not go out of the country to get married or
by a false marriage. I went into Islam, learned jawi and got married the proper way
according to Islamic law. At that time there were no problems. Now in the year
2001, they called him to go back home. I tried. I went back and forth to the
immigration office many times.
The first time they told me that the wife has to follow the husband when he leaves
for home. I was very sad. Why do I have to follow him back? So I asked myself
why do they talk like that? I went to the immigration office for 6 months and they
put a “Keep in View” to my file. I thought that was okay and I was patient. Even
after 6 months it was still Keep in View. In spite of the delay in getting an answer
from the immigration, I was still patient and I continued to wait. After that I went to
the immigration office again and then finally I got a visa. By then my husband had
already gone to Bangladesh. I sent the visa approval to Bangladesh and then I
called and informed my husband that he could come into Malaysia. After 6 months
of his return, I did not know what to do. I tried to get him a work permit under my
name, but it did not work. It was rejected. The second time I tried, I mentioned that
the employer needed him to work, because his previous employer said that he
2
Name changed to maintain confidentiality
3
Name changed to maintain confidentiality

was hardworking, good, there was no problem, no complaints and there was no
case against him. So the employer said that he would take care of the matter of
getting a work permit for my husband as his employee.
But even then he did not get the work permit. It was rejected. So the 2 times I tried
applying for a work permit for him, it got rejected. So my question is, why is it a
local man who marries a foreigner can keep his wife here? How come I as a local
woman cannot stay with my husband here? I want to know about the woman’s
perspective. I am very concerned about this. I ask, how come a local man married
to a foreign woman can stay here but a Malaysian women married to a foreign
man cannot stay here. Why is there this discrimination? And again I ask how
come a rich expatriate man who is a professional and has good qualifications can
stay? How come poor people like me cannot get a longer work permit. I am very
sad, I do not even know why and that is why I have come here to discuss. How
come, how come, how come I as a woman do not have the right to talk about my
problems. Thank you.
LABOR RIGHTS OF MIGRANTS IN ASIA
Aegile Fernandez 4 , Tenaganita
Aegile began her presentation by reminding the participants that there are many,
many more Saifuls and Punithas in our region. She showed the participants a map
of the Asia Pacific region and the Gulf.
The shaded markings in grey indicated receiving countries. The receiving countries
were Korea, Japan, Taiwan, Thailand, Malaysia and Singapore. Thailand is both a
receiving country and a sending country. Central Asia has been pointed out because
they are going to become a major sending region. Central Asians were now coming
into Malaysia. In terms of geographical patterns of migration, she mentioned that
it was difficult to pinpoint any one flow of movement of people as predominant.
The IOM report stated that there are 150 million migrant workers in the world
today and each year 2-4 million move permanently and stay.
Aegile Fernandez talked about the trends of migration and named the factors that
influenced migration trends, for example, de-regularization, privatization,
liberalization and neo-liberal globalization. These were the main reasons for severe
economic, political and social conditions and because of this many people were
forced, uprooted and made to move from their homeland. She mentioned that the
4
Ms. Aegile Fernandez is the Program Coordinator of the Migrant Desk in Tenaganita, which
handles about 500-600 new cases and complainants alone every year related to labor, health and
legal problems

There was rampant cheating among recruiting agents, as there have been cases
of migrants who are left stranded in countries in which they were smuggled in and
sold as “trade in migrants”.
Problems of Migrant Workers
She provided a general example to explain to the participants the problems that
migrant workers faced. She noted that the migrant worker was first recruited by
the recruitment agency. Even though the company used the recruitment agency in
the sending country, once the migrant arrived in the receiving country, the migrant
was expected to start working for the company. At that time the company held the
worker’s passport in their custody. Often a substitute contract was then given even
ignoring the contract the worker had previously signed. This left the worker at the
mercy of the employer, often to be exploited.
As regards payment to the migrant worker, she noted, wrongful deductions were
made to the salary. The workers were also not paid for a few months before they
found out. When the worker asked for the salary, he or she was abused. Only
when the migrant worker sought help and came to the high commission or embassy
was a referral made to the NGO. The worst part in this process, she observed was
the negotiation with the company over these alleged accusations. These efforts
by the worker to get paid made the company angry. As a strategy the employer
filed a police report and complained to the immigration department that the migrant
worker had run away. Aegile pointed out that this made the victim the accused.
This led to a chain of events where the immigration department determined that
the worker was undocumented or illegal. The lesson Tenaganita has learned from
such cases, Aegile continued was to take up the matter with the Industrial Relations
Department, as this is a case where the worker was forced out of the company.
However, the problem became more complicated as the Industrial Relations
Department official informed the migrant worker “that they were sorry they could
not take up the case as the migrant worker did not have a passport.” Without a
passport, work permit and lacking documentation, the worker was considered
undocumented or illegal. In this situation, the NGO had to file the case on behalf of
the migrant worker with the immigration department, to state that the employer
had made a false police report. The paradox was, that the immigration would then
investigate the migrant worker and not the company.
The intervention of Tenaganita with the immigration on behalf of the worker
eventually led to obtaining a certified copy of the work permit. With the work permit
in hand, the NGO filed a case on behalf of the migrant worker with the Industrial
Relations Department. When a file was opened at the Industrial Relations
Department, a letter was obtained from the department, so as to go back to the
immigration to apply for a special pass. Without such a letter from the Industrial

Relations Department, a special pass could not be obtained. Therefore, she
concluded, this was a very long and tedious process.
The migrant workers had to incur expenses during this long period. They had to
pay RM100 per month in order for their special pass to be renewed every month.
During the duration of the court case, the migrant workers were not allowed to
work. Without work, the migrant worker had no money, shelter and food. The
migrant was left out in the cold.
The next step in this long and tedious period was the conciliation process at the
Industrial Relations Department. Unfortunately, NGOs are not allowed to sit in at
this inquiry. Only the union representative is allowed to participate. However, the
union representative demanded payment for representation. As the migrant worker
had no money, he had to represent himself. Consequently, the conciliation failed.
When that happened, it had to be referred to the Minister on appeal. This led to a
waiting period of 6-10 months. After this painful and tedious wait, the Minister
would refer the case to the Industrial Relations Court. The case could go on for 1
to 1 ½ years. The final judgment was found in favour of the migrant worker, which
was good and happy news for everyone that had worked for this end.
The court order was for the company to pay wages owed to the migrant worker
and for the company to re-instate the migrant worker. As the company refused to
comply with the court order to pay, the migrant worker had to go back to the
Industrial Relations Court to apply for a non-compliance order. Even with the noncompliance
order, the company refused to pay. The next step open to the migrant
worker was to seek remedy at the High Court. To file a motion in the High Court,
the worker had to put up RM1500. Without money and getting a run around and
after seeking redress through available channels, the migrant worker was back to
square one, without a job and money.
Aegile Fernandez, very eloquently illustrated the procedure and the tragic
consequences with a worker named Hafiz who had been waiting for justice for 3
years and was still waiting. The worker was the ultimate loser as he was left with
nothing and he could not go back to his family with nothing. The company on the
other hand had no accountability and was free.
Structure of Employment:
The next important issue that she touched upon was the structure of employment.
She examined the subcontracting system especially in the construction business.
Subcontracting mechanisms sent migrant workers to work at different work sites.
This exposed them to danger of arrests as the work permit was with the main
employer and at a specified location of work. A similar situation also occurred in
the manufacturing sector.

Companies used recruiting agents who supplied them with workers. They paid the
wages to the recruiting agents who also took their commission. Therefore the
migrant worker never received his full salary.
She discussed the issues related to the conflict of enforcement between the Human
Resources department and Immigration Department. In that tricky situation, the
migrant worker was lost in the shuffle between the two departments.
Vulnerabilities of Migrant Workers
She suggested that a more careful look be made at memoranda of understanding
agreements between sending and receiving countries and how it affected the
vulnerability of undocumented workers. She made a keen observation that in the
region, when labor was needed, undocumented labor was encouraged. However,
when labor was not a priority, labor was pushed out of the country through processes
such as an amnesty. She observed that “Amnesty” had happened in Korea and
Japan long before it began in Malaysia.
She also touched on the vulnerability of human migrant labor, specifically in the
informal sector, where the majority were women migrant workers. Women migrant
workers worked as domestic workers, as also in the agricultural sectors, and as
entertainers and sex workers in resorts and clubs. These workers are the most
vulnerable, as they work in highly exploitative conditions. The exploitative situation
exposed them to physical and sexual abuse as they lacked the support and
representation by relevant NGO who helped sex workers.
Trafficking of Persons
The next issue that she spoke about was the issue of trafficked men and women.
She stated that migrant workers that were smuggled into countries to work were
left stranded. Sometimes in the process of smuggling, migrants had been found
dead upon arrival in the destination country. Trafficking of persons could occur by
different modes of transport such as boat, ship, car, lorry and air. For example,
there had been cases of migrants who were brought in cars from Thailand to
Malaysia and they were kept in the boot. When the cars arrived in Malaysia and
the boot was opened, the smugglers discovered that the migrants were dead.
Migrants have been known to travel through jungles with very little food and no
rest in their determination to cross over the borders. Corruption was rampant at
the borders. If a migrant had money to pay the immigration officer, the migrant
was allowed to cross to the other side of the border.
She concluded her presentation by making a reference to the film, Migrant Soul
(Story of Babu) shown to participants at the opening session that morning. In
Babu’s story, she had said that conditions in detention centres were deplorable

and abuse as well as corruption seemed to be rampant and continued to persist to
this day. She elaborated her views by saying that the issue of accessibility to
detention centres required immediate attention. She specifically pointed out that
the migrants should be allowed access to legal representation, NGOs and visitors.
HEALTH RIGHTS OF MIGRANTS IN ASIA
Testimony of Rina 5 from the Philippines
Labor Migration and Its Health Implications
Hello to all participants and good morning to all of you. I would like to introduce
myself. I am Rina, 27 years old from Manila, Philippines. I worked as a domestic
worker in Qatar, here in Malaysia and in Dubai.
Years ago I dreamed of working abroad to help my family rise from poverty. Though
I was the youngest and the only girl in my family, my mother depended on me for
help.
Because of the lack of local employment in my country and the pressure of poverty,
many Filipinos look to other countries for the chance to better their lives. Many like
me are still minors but are still able to find work abroad as domestic workers or
entertainers. Recruitment agencies find ways to go around the law to be able to
send migrants like me abroad. As long as they earn money they do not care if it
becomes dangerous for us in the foreign land. The dangers I’m referring to are the
health risks involved in migration.
But the danger actually starts even before we leave the Philippines. This is because
of the following factors:
1. Low knowledge about HIV/AIDS and migration realities. Many migrant
workers are aware of HIV/AIDS but the actual knowledge with regards to how
it is transmitted or how it can be prevented is very low. Many of us do not know
that as migrant workers, we are vulnerable to getting infected. For some migrant
workers, having knowledge does not necessarily mean that one’s sexual
behavior will change.
2. Poor health seeking behavior. Because of the high cost and inaccessibility
of health care, many Filipinos, including migrant workers, tend to avail of medical
or health services only when their conditions have gotten worse. Many also
resort to self-medication when they are sick.
3. Lack of information given in the Pre-departure Orientation Seminars.
The National AIDS Law or RA 8504 mandates that all documented migrant
workers must be given HIV/AIDS orientation in the mandatory Pre-departure
5
Rina is a former domestic worker. She worked in Qatar, Malaysia and Dubai. Today, she works in
the Positive Action Foundation in the Philippines and is involved in the Action-Research program
of ACHIEVE/CARAM Philippines.

Orientation Seminar. However, this is not always implemented and in fact, there
is no monitoring being done.
4. Attitude of Invincibility. Migrant workers think and believe that they will not
get infected with HIV/AIDS. They reason out that they have been engaging in
unsafe sexual behavior and have never gotten sick so why should they be
concerned about HIV/AIDS.
5. Feminization of migration. More and more women are leaving abroad to
work. Many of these women are in the services and entertainment sector, two
of the most vulnerable groups among migrants.
I was able to leave our small town and eventually worked as a domestic worker in
Qatar. This was in 1992. I was only 17 years old. The passport I used to go to
Qatar had another name. It also had a different age. The agency sent me to Qatar
without asking for a placement fee. That will be paid by salary deduction once I
started working. And so I left the Philippines to fulfill my dreams.
Once on the jobsite, a whole new set of factors again put migrants in a situation
that endangers our health and makes us vulnerable to HIV/AIDS. These factors
are:
1. Loneliness and homesickness. During the time of employment, migrant
workers are away from their families. The imposition of single-entry policy
means that migrant workers cannot bring their families with them while at
work. Many migrant workers are also limited in communicating with their
families. To cope with the situation, they develop social and sexual relationships
while abroad. This makes them vulnerable to getting infected.
It became very lonely for me being away from home. I felt the need for the
closeness and warmth of a family. Then I met and fell in love with a Malaysian
man. He courted me and I felt that he really wanted me. He even helped me
financially so I could regularly send money home to my mother. I got pregnant
eventually but I found out that my boyfriend was already married. I thought of
having an abortion but I didn’t go through with it.
When I was 5 months pregnant I could no longer hide my condition so I decided
to run away and I lived with the father of my child. He helped me when I gave
birth to our daughter. She was 5 months old when my boyfriend lost his job.
He started getting into drugs and he would even force me to take drugs with
him. He became abusive verbally and physically. After all I had suffered from
him he left us. One day he just never came home. I had nothing, no money for
my basic needs and my baby’s needs. It was very difficult. We were able to
survive only because another Filipina domestic worker helped us in every
possible way she can.

2. Pressure to send money home. The reason for going abroad is mainly
economic. Because of this, migrant workers sometimes look for part-time work
to augment their income. Some migrant workers resort to sex work to earn
extra income. Others take on domestic work and this could take a toll on their
physical health.
3. Miserable working conditions. It is quite common that we hear reports of
Filipino migrant workers who have been maltreated or abused by their
employers. OFWs especially those in the service sector are subjected to long
work hours, cramped living quarters and inadequate food. Some sea-based
OFWs have complained of delayed salaries or lack of providing protective
gear.
I was very unlucky with the employers who hired me. In the three countries
where I worked, I had either one or both employers maltreating me. In Qatar,
my employers were very strict. They were very selfish and insensitive. They
gave us very little to eat and sometimes we would go without eating after a
whole day’s work. There were times when I got sick but still I had to work. I
was not given any medicine. I couldn’t go to the doctor since I was allowed
only one day off for an entire year of service. I was also made to work for my
employer’s extended family. The worst part is they paid me less than what
was stipulated in my contract. All I could do was endure the hardships for the
sake of my family back home.
4. Lack of access to health information and services. Medical treatment, care
and services are often not affordable, available and accessible to migrant
workers in the receiving countries. It is even worse for undocumented migrant
workers.
5. Sexual abuse of female migrant workers in vulnerable job categories.
When I worked in Qatar, my employers were very strict. There were several
occasions where my male employer made sexual advances to me. I was
ordered to give him massages and all the while he kept touching my private
parts. I could do nothing to stop him. I had a worse experience when I worked
in Dubai. I was hired by a real monster. My male employer raped me repeatedly.
When I had mustered enough courage, I told my lady employer about what
her husband had been doing to me. To my surprise, she believed me and
even helped me report her husband to the authorities. Even the police was
surprised because it was their first experience to have a wife of an Arab
employer on the side of the foreign domestic worker. Afterwards, she helped
me return to my country. It was early 2000 when I was finally able to go home
to my country.

6. Hostile immigration policies. Many receiving countries have strict
requirements for entry and stay of migrant workers. Many require mandatory
testing for HIV/Antibody and other diseases. Once a worker tests positive for
HIV, he or she cannot proceed with his or her employment. If a worker is found
positive in the receiving country, he or she is deported. Many migrant workers
who get terminated from work end up staying illegally or being undocumented.
This situation leaves them more vulnerable to abuses.
When my boyfriend left me in Malaysia with my baby, I could not work so I had
no money. When my daughter was a year and a half, I decided to surrender to
the Philippine Embassy. By then I had overstayed my visa. I asked the embassy
to help me convince the Malaysian Immigration to lower my penalty. Still I was
required to pay 500 Ringgit or P5000 before I could go home to the Philippines.
My friends, other Overseas Filipino workers of the Good Samaritan in Malaysia
helped me raise this money.
I had to lie to the authorities regarding my daughter’s father. I told them that he
was a Filipino for fear of not being able to bring her to the Philippines with me.
I had become very exhausted and frustrated about what was happening to
me. I was devastated by the abuses I had to endure from my employers. Still
I did not lose hope and I still believed that working abroad was the only way to
make our lives better.
June that same year was the last time I applied for overseas work. I was about
to leave for Malaysia again to work as a domestic worker when the results of
my medical check up revealed that I was reactive for HIV.
Like other migrant workers who have tested positive for HIV, I have now lost
the opportunity to ever work overseas. Because of the Mandatory Testing for
HIV that is imposed by most receiving countries, we can no longer fulfill our
dreams of helping our families rise from poverty.
Mandatory Testing is against the law as stipulated in The Philippine HIV/
AIDS Prevention and Control Act of 1998. However, the law means nothing
when the receiving countries require for us migrants to undergo testing as a
pre-requisite for employment. Though it violates our rights, the government is
powerless to do something.
With the loss of employment opportunities abroad, former migrant workers
face the impact of being diagnosed positive for HIV.

1. Economic Impact. The most severe impact is economic. Once diagnosed
HIV+, there is a loss of employment opportunities overseas and this is
worsened by the lack of local employment. With the loss of employment
comes the loss of their source of living, the loss of their dreams and
hopes, which often leads to their further physical deterioration. Whatever
savings they have managed, it is depleted slowly to support their families
and their medication.
2. Physical Impact. PHAs (Persons living with HIV/AIDS) are unable to
afford medication for their ailments and most hospitals are ill equipped
for the care and support of PHAs.
3. Psychological and Emotional Impact. Many PHAs have a hard time
coming to terms with their conditions. The impact of HIV/AIDS on migrant
workers cannot be measured on economics alone, emotional and
psychological adjustments are even more difficult for former migrant
workers who have not yet disclosed their condition. Thus lacking the
necessary care and support.
4. Social Impact. Migrant workers diagnosed positive with HIV experience
a sudden fall from grace. A number have confided to have been
discriminated or rejected by families, friends and even by their
communities. This discrimination can spill over to include the rest of the
family of the infected migrant worker. Some have also been discriminated
against in some government institutions while filing/claiming benefits. This
discrimination creates a barrier, forcing the PHA to seclude himself/herself
from the rest of society.
It took me six months to finally accept my condition. From then on, everything in
my life changed. It was painful and my situation was lonely but life must go on. I
became a volunteer of Positive Action Foundation Incorporated Philippines and
eventually became a paid staff. Life became a bit brighter but I still faced lots of
problems. It is difficult being a single parent. I know that I have to be strong for my
daughter.
And so thinking back at everything I went through, I have some recommendations
to help migrant workers in the hopes to reduce the health risks involved in labor
migration.
1. Recruitment agencies should be responsible for the migrants they send
abroad. They should conduct at least once-a-week visits to the migrants
they employed. The visits would ensure that the migrant’s situation is
monitored regularly.

2. The government through the OWWA or the Embassies should also monitor
the conditions of the Filipinos overseas. And in the event that a Filipino
migrant worker is detected positive for HIV at the jobsite, the Embassy
should be ready to assist her or him through counseling, facilitating her/
his trip home and escorting her/him back to the Philippines.
Sharuna thanked Rina for sharing with the participants so much of herself. She
stated that Rina’s courage was very inspiring and this consultation hopes to be
able to develop more protection for migrant workers
HEALTH RIGHTS OF MIGRANTS IN ASIA
Sakiul Millat Morshed 6 , SHISUK
Morshed stated that since his presentation was after a presentation from a migrant
worker, it would be a recapitulation.
He explained that migrant workers are seen as producers of wealth by their
countries. In the receiving countries, they are ignored, unwanted, discriminated
and blamed. Research by CARAM (Coordination of Action Research on AIDS and
Mobility in Asia) showed that the majority of migrants are recruited, lured and
trafficked by agents with the hope that going abroad would improve their economic
condition and their ability to feed their loved ones.
Various interdependent factors during the different stages of migration consist of
pre departure, post arrival and reintegration impact the migrant workers’
experiences. Their experiences make them vulnerable and at risk to abuse by
recruitment agents and the immigration officials.
In looking at health rights, migrant workers are entitled to three basic health rights:
1) The right to healthy working and living conditions
2) The right to health education
3) The right to affordable and accessible health care
5
Morshed is the Executive Director of SHISUK, an NGO in Bangladesh which began working with
migrants in 1995. SHISUK is a CARAM partner. Morshed is an executive member of the National
STD/AIDS Network in Bangladesh, which is a forum of 115 NGOs working in the field of HIV/AIDS.
SHISUK has been implementing programs with migrant workers on pre departure orientation
programs, HIV counselling and education programs and community based intervention with migrant
workers, spouses, potential migrant workers and the migrant worker community itself.

The health rights of migrants had to be ensured as migrant workers came into the
country quite healthy, as it was a condition required by the receiving country to
ensure the productivity of the worker.
There are reports of violations of human rights of migrant workers that had an
impact on their health and well being. Many migrant workers experienced oppressive
working conditions such as working 12 hours or more a day for 6-7 days a week;
inadequate food and unhealthy sleeping quarters provided by employers. Migrant
workers are also faced with their vulnerability to sexual and physical abuse, which
was part of the occupational hazards that could lead to them contracting various
diseases and infection including HIV/AIDS.
Medical fitness is used as a weapon against migrant workers and as a means of
reducing their salaries, if they are considered medically unfit for work. There was
a lack of emphasis and clarity on the health rights and benefits of migrant workers
among organizations and institutions.
Migrant workers are ignorant about their health benefits in the receiving countries
and thus they are denied their health rights that lead to their loss of job and
deportation.
Mandatory testing:
The mandatory testing of migrant workers especially for HIV was discriminatory
and reinforced the stigmatization and alienation of the migrant workers. HIV had
become a mechanism for throwing migrant workers out of the workforce in both
sending and receiving countries.
Access to treatment:
Migrant workers are denied access to health care facilities and experienced
communication barriers which lead to them succumbing to illness and made them
vulnerable to abuse by their employers.
The cost of health care and reimbursement of payment for migrant workers are
denied by their employers in order to protect themselves from the action of the
authorities.
Migrant workers are prone to abuse by the employer (rape and physical abuse)
and are subject to improper care that led pregnant women to have an abortions.
Denial of reproductive rights:
In relation to gender rights, female migrant workers are subject to pregnancy tests
prior to recruitment. In some countries, fit female migrant workers are given

injectable long-term contraceptives without prior consent of the workers even though
the medication caused physical disorders. Female migrant workers found pregnant
during their contract period are fired and became undocumented.
Migrant workers are not provided with prior information about their job before arriving
in the receiving country. As a result, migrant workers are dependent on their
employer for medical treatment that leads sometimes to permanent disability, as
employers do not fully pay for the treatment they required, especially in areas of
occupational injuries and accidents. Migrant workers are also forced to live in an
unhealthy and unhygienic environment due to fear of being deported and
undocumented. Thus, they have little choice but to be confined in their workplace.
Detention and Jail:
Law enforcement agencies and state authorities violate the health rights of migrant
workers. Migrant workers are physically harassed in many ways such as denial of
food, torture and rest that sometimes lead to death. Women migrant workers have
shared that they are raped in jails and detention camps that sometimes led them
to have an abortion instead of being sentenced to death for committing “zina.”
Mental Health:
Migrant workers are subject to mental health problems as they missed their families
and had to adjust to a new environment and learning new skills in the receiving
country. Migrant workers who had been detained, abused as well as beaten up at
their workplace, tortured and cheated, developed various forms of insecurities as
they feared for their health and how it affected their work status.
Stakeholders that played important roles in protecting the rights of migrant workers
are recruitment agencies, health clinics that provided check-ups for migrants, as
well as the Bureau of Manpower Employment and the recruiting agents who acted
as middleman between the employer and the migrant worker.
There is no national policy on migrant workers’ health and existing government
policies that address the health rights of migrant workers do not protect the human
rights of migrants.
Since empowerment of the migrant worker is crucial, information and education
had to be the key focus in the pre departure, post arrival and reintegration stages.
Information and education would help the migrant worker to make an informed
decision. Thus a new policy framework had to be developed which would ensure
that the standards set in the UN Convention and the ILO Covenants are upheld.
The new policy framework would help in strengthening the partnership between
governments, NGOs and various other stakeholders working together to protect
the migrant worker health rights

Sharuna thanked Morshed for his presentation and opened the session for
questions.
QUESTIONS & COMMENTS:
Zia expressed his appreciation and noted that the presentations were good as
important issues were raised. In several countries, he said that discrimination of
women was prevalent. Zia explained that monitoring of migrant workers’ movement
within the receiving country was not easy as it was difficult to isolate migrants’
rights from that of women’s rights and child rights. He advocated that NGOs should
seriously look at the provision in CEDAW and the documenting of cases on migrant
workers. Zia enlisted CARAM’s assistance in helping NGOs to improve their
documentation skills. He proceeded then to talk about using the UN system to
tackle the issue of migrant workers human rights. After the documentation process
was completed, Zia said that he felt that we could use the UN mechanism to
highlight the countries that were discriminating women.
He explained that the strong presence of NGOs was essential in helping migrant
workers to deal with cases where a local man could marry a foreign wife and was
allowed to stay with her husband. On the other hand, a local woman was not
allowed to marry a foreign husband. Zia felt that this blatant discrimination toward
women was ridiculous. He stated that the human rights of persons in this case
pertaining to gender were being violated, leaving the migrant worker and his or
her family helpless. Zia suggested that CARAM could help NGOs and CARAM
partners to develop a system within countries to document all cases of migrant
workers. He posed a suggestion to the Special Rapporteur on whether her office
could highlight the countries that were having good practices in the way they treated
migrant workers. This suggestion was mooted to help the other countries have a
model to follow in attending to the needs of migrant workers and case
documentation.
Nazar said he had a comment to make to all the presenters. When he heard
Punitha’s story, he remembered the story he had read about in a newspaper during
his flight from Bahrain to Kuala Lumpur. The article was in an Arabic newspaper
called Al-Khalid. The story was similar to Punitha’s story but in this case it was a
Bahraini woman who married an Iraqi man 10 years ago. The man was still in
Bahrain without a work permit, because he could not obtain it unless he had a
kafit, which meant ‘sponsor’ in Bahrain.
On the other hand, a Bahrain man could marry 4 women and provide them
sponsorship. This means that they did not have to look for a sponsor and they
would directly receive work permits. Nazar felt that CARAM Asia and the Special
Rapporteur on Violence Against Women had a role in raising these new issues
with regards to migrant women. He related a second story about a Bahraini woman
who married a man from UAE 18 years ago. The man had not been able to enter

Bahrain even though they had children and the family was not able to see him in
the United Arab Emirates. At the same time, he could not enter Bahrain, as he was
unable to get a work permit in Bahrain. Nazar believed that the participants should
think about how they could work together by sharing their experiences so that they
could come up with a good solution to the problems faced by migrant workers.
He had a response to Rina’s presentation on her experience working in Qatar, in
which she made some points that he found very interesting. Nazar agreed with
Rina that violations of migrant workers began in the sending country and all
stakeholders had to be made aware of it. He proceeded to highlight that recruiting
agencies do not provide migrant workers with the necessary general information
about the receiving country specially related to health. Nazar believed that as an
individual who represented both sending countries and receiving countries, the
government should be held responsible for the lack of regulation pertaining to
recruitment agencies.
He felt that bilateral agreements between the sending and receiving countries
were very important, as it would encourage the government in its role to address
the need to protect the human rights of their own nationals. The UN agencies, the
Special Rapporteur on Human Rights of Migrants and NGOs have a big role to
play with the governments in sending and receiving countries to uphold the rights
of migrant workers
Vani referred to Punitha’s testimony that was shared this morning and felt that she
may be able to help Tenaganita with the problems faced by Punitha’s husband.
She related a case in Australia, where the lawyers that were representing the man
who wanted to stay in Australia who was an Indonesian. The lawyers used the
Convention on the Rights of the Child to keep the husband with the wife in Australia.
Vani promised to find the case and give them a copy. She hoped that Tenaganita
would get some ideas from the case on how to use the Convention to overcome
problems faced by Punitha’s husband.
Meera said that she wanted to share the experiences of her organization with
regard to obtaining redress for female migrant workers. She referred to Aegile’s
point of view, and she realized that the factors that affected migrant workers were
institutional. Meera explained that her organization used the press to promote
awareness on the rights, issues and problems faced by migrant workers. She
stated that they had been quite successful and were trying to bring the employers
to the negotiation table. However, Meera explained that in seeking civil redress,
the migrant worker had a choice of choosing whether they wanted to use the
criminal justice system and civil proceedings, as it was a tedious and long process
or to settle for compensation out of court. Unfortunately, she mentioned that one
of the criticisms that her organization received was that they were helping the
migrant worker to get compensation instead of seeking justice in court.

Meera stated that the migrant worker was informed of her choices and that the
civil proceedings was a grueling process but she would receive the money that
was due to her. The female migrant worker was given a choice to choose the
action she would like to take. She noted that because the legal process was long
winded, sometimes the migrant worker would opt for an easy option, which was to
settle for compensation out of court. Meera expressed hope that one day they
would be able to go right to the top authorities and the migrant worker would have
the energy, financially and mentally to go through the whole grueling process. She
reflected on the situation and said that if she were a migrant worker, she too would
take the option of settling for compensation.
The Special Rapporteur, Mrs Gabriela Rodriguez responded to the presentation
with her comments. She said that it was good work and she felt that the mandate
of a UN Special Rapporteur on Human Rights of Migrants should look at human
rights of migrants, women’s rights and children’s rights. The Special Rapporteur
stated that NGOs needed to work harder to document migrant workers’ experiences.
She expressed that since the issues were identified, the information should be
presented in a systematic manner. The Special Rapporteur suggested that NGOs
needed to work and communicate with each other to raise the issue of
documentation and that the recognition of health issues depended on the impression
and responsibility of the state. She elaborated that the sovereignty of state had to
be taken into consideration in addressing the issue of protecting the rights of migrant
workers and that the NGOs had to be scientific in planning their activities in
advocacy.
In the USA, the biggest receiving country of migrant workers, she had listened to
the testimony of migrant workers at the detention centres as well as in the
Philippines. The Special Rapporteur felt that NGOs such as CARAM should
enlighten the relevant authorities about issues related to migration. She suggested
that focus be directed to the organizations that organize conferences against
trafficking and smuggling as well as speaking openly to the recruiting agents and
smugglers and traffickers. The Special Rapporteur elaborated by stating that we
need to have open dialogues with the relevant authorities such as the immigration,
labor department and the policy makers to make them aware of the rights of migrant
workers. She mentioned that after listening to the testimony of migrant workers in
detention centres and jails, she realized that they and their families were suffering
from depression.
The Special Rapporteur stated that there was a need for dialogue on this issue of
mental health as an individual’s physical health was very closely related to their
emotional and psychological health. She mentioned that she had collected a lot of
information from her official visit to Palestinian jails and jails in other countries she
had visited. The Special Rapporteur stated that the United States of America is
the biggest receiving country for Asian migrants. The Special Rapporteur informed

participants that the other conventions she was aware of did not address and
document the protection of migrant workers rights. Migrant workers had to face
the problem of being stateless by their own country’s embassies that claimed that
they were not citizens as they lacked documentation.
NGOs need to help migrant workers to lobby for the protection of their rights. She
gave an example of the Philippines government who protected their nationals that
were working overseas as they see their monetary contributions as very good for
their economy. However, the entertainers from the Philippines were treated
differently as they had a special visa and they were not considered domestic or
migrant workers.
The Special Rapporteur stated that when she met with the authorities, she would
speak to them about the protection of migrants’ rights as the situation was
transparent and there is general awareness about which agencies are illegal
recruiters. She expressed her disappointment about Punitha’s problem. The
Special Rapporteur was surprised that a local man could marry a foreign woman;
on the other hand, a local woman was denied the right of marrying a foreign man.
However, she noted that an individual with good connections with the relevant
authorities was able to marry a foreigner without being asked any questions.
The Special Rapporteur explained that the United Nations was an organization
made up of countries representing the world. She believed that the violations and
injustices toward the human rights of migrants needed to be voiced in order to
make the stakeholders more effective in protecting migrant workers rights. The
Special Rapporteur stated that it was important that attention was channeled by
NGOs as well as governments to work together in the process of policy development
in detention centres and jails. She proceeded to state that NGOs were not actively
involved in assisting migrant workers in detention centres and jails. However
churches were very active in providing assistance to migrants who were detained.
The Special Rapporteur suggested that the NGOs present at this 2-day meeting
should work together to lobby and use the UN mechanism to raise the awareness
of society about the protection of migrant workers rights. She expressed her view
that men and women migrants needed help from NGOs and the UN. Therefore
she advocated that the Special Rapporteur’s mandate be used to bring about
awareness to the sending and receiving countries and civil society about the issue
of protecting the human rights of migrants. She explained that her work in the
region involved working with NGOs and that the scope of work that was carried
out in the United Nations was very wide. Therefore she suggested that the doors
be opened to the possibility of advocating and lobbying the issues related to migrant
workers at the UN General Assembly. The Special Rapporteur informed the
participants that Mr. Kofi Annan, Secretary General of the United Nations had
asked her for a concept paper on human rights of migrants to be presented at a
meeting on 28 June. She mentioned that she would be meeting with Mrs. Robinson

in June. Therefore she needed information from NGOs in Asia regarding the situation
on migrant workers and wanted to know about the situation after September 11 th
2001 especially in detention centres where Asian migrants were detained. She
realized that as a result of the events from September 11 th , security was extremely
tight to the point that the rights of migrants were ignored. Tight security was
implemented in order to maintain security and peace throughout the world.
Irene commented that we needed to tackle one point that was coming out which
was the conflict in looking at violations and access to justice. She thought that this
should be one major factor for discussion because the question of the right to
choose had to be made a free choice and not a task to be done because the
system did not work. We are saying that the question of the right to choose is
important but the migrant worker is left with no choices. Irene felt that it was very
important for us to understand, what is meant by choice available to the migrant
worker. When we talk about justice for the migrant worker, we should ensure that
the road to justice is not violated and the rights of the migrant workers were noted
in the process.
RIGHTS OF WOMEN MIGRANTS IN ASIA
Tati Krisnawaty 7 , Asia Pacific Forum on Women, Law & Development
Tati Krisnawaty was invited to speak on the rights of women migrants in Asia. She
representrd the Asia Pacific Forum on Women in Law and Development (APWLD).
Tati thanked CARAM Asia for the invitation to participate in the first consultation
with the UN Special Rapporteur on Human Rights of Migrants with Asia Pacific
NGOs. She hoped very much that the Special Rapporteur together with the
participants from NGOs could work together to change the current situation faced
by migrant workers.
The Asia Pacific Forum on Women, Law and Development is an independent,
non-government, and non-profit organization. It is committed to enabling women
to use law as an instrument of social change for equality, justice and development.
The organization has consultative status at the Economic and Social Council of
the United Nations. Using gender as a framework of analysis, APWLD adheres to
feminist principles by interrogating the assumptions behind the socially constructed
differences between men and women and the inequalities against women that
result or are reinforced by such differences. Middle East is part of one stage.
7
Tati was born in 1960 in Indonesia. She is a psychologist by training. She is also an activist and
founder of Solidaritas Perempuan, an NGO based in Jakarta, Indonesia working for advocacy
and the rights of the Indonesian migrant worker. She is the convener of the Indonesian National
Commission on Violence Against Women. She is also the convener of the Labor and Migration
Task Force of the APWLD based in Chiangmai. Currently she lives in India and is doing a
participatory research on Afghan refugees in Delhi.

Tati stated that APWLD would like to underline this, as all the participants were
familiar with the issue of women migrant workers rights. She proceeded to
emphasize some issues that she considered important for the participants to work
together with the Special Rapporteur. Tati stated that APWLD found that systematic
abuse of women migrants occurred due to the position of women in society. In the
receiving countries, the perception of women migrant workers was a double burden
as she was considered a foreigner and a woman. She explained that migration
had become a lucrative business where even syndicates, mafias and recruitment
agencies were actively involved. Tati gave examples of countries such as Pakistan,
Nepal, Indonesia and the Philippine where the syndicates, mafia and recruitment
agencies played a major role in the sending of migrant workers to work overseas.
However, she noted that governments too play an important role in relation to
sending their citizens overseas for employment purposes.
In the countries like Hong Kong and the Middle East, cheap labor especially of
women is needed as there is a high demand due to the lifestyle of people, and
economic factors in the region, both in the sending and receiving countries. Tati
referred to a comment that Irene made about political instability, which forced
Burmese women to go to Thailand to find jobs. Thailand is both a sending country
and receiving country as they have Burmese migrant workers working there. Many
Burmese district women can be found in Pakistan, because of the conflict in Burma.
These female migrant workers migrate to Pakistan and other countries with the
intention of settling down permanently.
Political instability can become a fairly extreme situation as was in the case of
Indonesia, after Suharto’s military regime fell out of power. The political situation
was unstable as democracy did not exist and in the chaos, attention to migrant
issues and protection of migrant workers rights became non-existent. The problems
of migrant workers became a serious breach as economic, political instability and
socio-cultural factor for women migrants were significant factors that influenced
the situation of migrants. APWLD works with organizations in the Asian region
such as Philippines, Indonesia, Malaysia, Fiji and Central Asia.
She stated that APWLD found there were at least 3 important issues of women
migrant workers in Asia. The first issue was the commodification of women migrant
workers, which included trafficking and smuggling. Unfortunately, the
commodification practice was supported by the governments in sending countries
and receiving countries.
The second issue was of the rights of women migrant workers. She expressed
appreciation to her Filipino colleagues for their touching and clear presentation on
the abuse of human rights faced by women migrants. Tati underlined that gender
violations were experienced mostly by women and the human rights violations for
women migrants were predominantly gender-based violations. She emphasized
that from the beginning, the greeting process in the sending countries and in the

eceiving countries and when they came back home to their own countries were
unacceptable. In Indonesia, when women came back from the airport, people
said that the recruitment agency had helped her to return home with her earnings
but actually they did not help the migrant workers. Instead, people continued to
exploit the migrant workers, as they were unaware of the suffering that migrant
workers had to go through while working overseas.
CARAM Asia requested APWLD to share with the participants about women
migrants’ rights in this consultation. Women’s rights are human rights, and she
stated that she would speak about each right individually. Tati stated that APWLD
wanted to emphasize that women migrant workers should be allowed the dignity
to be free from human exploitation including all forms of discrimination and violence.
With regard to the reality faced in the protection of their rights, were that state
actors as well as non-state actors, employers, brokers and husbands were
controlling their freedom. She gave an example. Women migrant workers wishing
to work abroad were told by the recruitment agency to find a sponsor. This led
women to choose the easy way, which was to marry the broker who would send
them abroad to work. Brokers were allowed to have 4 wives. The brokers used
their wives as a money making machine. They usurp the money they promised to
deliver to the wife’s family. The brokers then justified their actions by saying that
as the husband of the migrant worker, they had a right to use the money.
Tati shared with the participants that there were 92 Indonesian women migrants in
jail in Saudi Arabia. Among the 92 women, 42 of them were charged with having a
relationship with a man, with false accusations, as the sexual relations did not
occur. The female migrant workers detained in jails have no legal support to help
them tell the truth and stand up for their rights in court. The courts in the Middle
East enforce the syariah law that states if a woman is found together with a man
who is not her husband, it is considered zina. It is not that simple for women
migrants to explain the truth, as they are not in a position to do so. In some cases
that Solidaritas Perempuan handled in Indonesia, if the employer did not like her
anymore, it was easy to get rid of her. One day, a male guest would visit the
employer’s house, the employer would bring the police, and they would find her
with a man and immediately the migrant worker would be sent back to Indonesia
without salary after working for 2-3 years. Women migrant workers found with
babies in jail were used as proof that they had sexual relations even though their
husbands were in villages in Indonesia. Female migrant workers were charged
with the death penalty as they were found to be pregnant. A few female migrant
workers were sentenced to death penalty due to rape, which led to pregnancy, and
having a baby in jail
Sharuna thanked Tati for her presentation. She explained that questions would be
taken after the next presentation. She introduced the next session on the Rights of
Spouses of Migrants.

RIGHTS OF SPOUSES OF MIGRANTS IN ASIA - ISSUES/
CONCERNS OF FEMALE SPOUSES
Malu S. Marin 8 , ACHIEVE Inc.
Malu Marin began her presentation by providing an introduction on the issue of
female spouses of migrant workers. A look at migration would show that we are
very focused on migrant workers and sometimes we leave out all the other
relationships that encompass migration. However when we think about migration
for instance, we see it as a family affair. This perception is because decisions
related to migration began in the family. For example, in the Philippines the decision
to migrate is made and determined by the individuals’ personal, economic, social
and cultural circumstances. In this arena, the family, particularly the spouse plays
a very major role in this decision. ACHIEVE received a lot of reports on abuses,
violations of human rights, discrimination and violence against migrants. However,
the news coverage related to spouses of migrants is very little.
Therefore there was a problem on the lack of documentation about migration in
general as well as information pertaining to spouses of migrants. She explained
that the presentation would draw on their experiences of action research with female
spouses of migrants as well as ACHIEVE’s community based intervention work.
Malu spoke about solo household management and the issues related to it. The
female spouses essentially had to shoulder the heavy burden of primarily managing
and overseeing the day-to-day operation of the household. The female spouses’
duties entailed changing sheets, parental supervision of the children; housekeeping;
financial management, care giving to elder relatives, for example parents; as well
as in some cases, overseeing family “projects”. In the Philippines, there are 200,000
seafarers and the majority of them are married. Seafaring is seasonal work, which
takes them abroad for 6 months to 9 months and sometimes 1 year. When the
husbands come back, they stay at home for 3 months to 6 months and the money
earned from seafaring would be depleted within 2 weeks of their return.
The migrant workers’ family is constantly in debt as the burden of managing projects
was related to the earnings of the husband is the wife’s responsibility. Houses in
the Philippines are constructed in parts. They build the houses by contracts for
different parts of the house. The first contract would be the walls, followed by the
roof, flooring and rooms until the house was completed. The female spouse
manages these projects and when something happens to the money, she is to be
held accountable. The wife did the decision-making responsibility in the family as
her husband was away. However, she only had certain leeway in the decisions she
was allowed to make. The maintenance of the family is the female spouses’
8
Malu S. Marin, is the Executive Director of Action for Health Initiatives or ACHIEVE. ACHIEVE
has been CARAM Philippines since 2000. Malu is a researcher, writer, trainer and advocate for
gender, reproductive health, sexuality and migration issues. She has been involved in KALAYAAN,
a feminist organization since 1988.

esponsibility. Traditionally, gender roles state that women are expected to maintain
the family. Therefore when something happens to the family, the wife is to blame.
In relation to solo management, recruitment agencies deliberately inform the
spouses that when they communicate with their husbands, they should not share
their problems as the migrants cannot do anything about it. The agents state that
husbands would be depressed and their work could be affected, if spouses shared
their problems. Therefore, the wives have to bear the burden alone and when
something happens and her husband finds out, she is scolded for not telling him.
There is a Catch 22 situation here. If the spouse told her husband, something
might happen to him, and if she did not tell her husband, he would be angry. This
issue had been looked into by spouses’ organizations. They concluded that the
situation of the husband working abroad was not a barrier that stopped him from
the responsibility of parenting as it was shared by husband and wife.
The next issue she wanted to highlight was economic dependency and the
arrangements related to migration, which created a power imbalance between the
husband and the wife. This was very strongly manifested in the control of financial
resources. In some occupations, for example, the remittances or the earnings of
the husband are sent directly to the spouses. In the case of seafarers, there is a
policy that mandates that 80% of the earnings of the husband should go directly to
one allotee. An allotee is the person the seafarer choses to send the money to.
The allottee could be the mother, if he is single, or the wife if he is married. However,
when a single migrant worker marries, this becomes a contentious issue as to who
would receive his remittances. In South Asia for example, it is the father-in-law or
the brother-in-law who controls the resources. These issues of control and
management of the money are tied to the issue of economic dependency. For the
wives for example, the arrangement is very specific, if there is no agreement. The
women are held accountable for each and every single expense. This forces the
women to spell out their expenses down to the cent. The women spouses are
made to feel powerless and have no say in the household decisions as the money
came from her husband.
The other issue is the loneliness and the pain of separation from their husbands.
Most women talked about this as the biggest problem. This abnormal situation
was replicated and repeated over and over again through the cycles of arrivals
and departures by their husbands. However as the left- behind parent, they are
expected to hold the family fort and thus, are under pressure to be emotionally
stable and strong.
Another issue is their emotional, psychological and sexual needs. Women are
expected and are pressured to just suffer inside through their problems alone and
in silence. In the Philippines, it is common knowledge that a lot of migrant workers
in Asia are in other relationships when abroad. These relationships are sometimes
casual relationships but they could be serious relationships, as they maintained

the relationships and had families. On the other hand, the women are expected to
stay faithful to their husbands. When the women spouses do not stay faithful to
their husbands, their infidelity becomes a crime that is publicized in the newspapers.
The next point she talked about was health problems especially their vulnerability
to STDs/HIV, and the lack of access to health services. Besides the known biological
reasons, female spouses are vulnerable to HIV and STIs because of their low
level of knowledge of such issues. In the research that ACHIEVE did with female
spouses, their attitudes toward their husbands vulnerabilities is either to tolerate
his promiscuity or to completely trust. The women trust their husbands remain
faithful and even though other women who went aboard the ships surround them.
Malu explained that in the Philippines, they had a term called Akiyat Barko, that
meant to climb up the wall and these were women working part-time, climbing up
the ships offering sexual services. Some wives of seafarers were allowed to go
aboard the ships to see how life was like for their husbands.
The wives of seafarers maintained their stand that they knew their husbands were
faithful to them. It seemed that the women were in denial as they felt helpless and
unable to do anything, as they could not control their husbands. However, the
women were willing to take the risk of getting infected with AIDS since they said
that they were happy to be with their husbands and miss him. The women were
willing to negotiate with their husbands about having sex and the use of condoms.
However, socio-cultural norms dictated that the role and obligation of the wife was
to provide sex.
The other factor that strongly influenced the role of women was religion or beliefs
that women must be submissive, and that wives should submit to their husbands
and husbands were to love their wives. The Philippines was a Catholic country,
and that was something that was taken for granted. Due to economic dependency
on her husband, the wife does have a say on anything. Therefore, there was a
prevailing norm that considered sex as a marital obligation especially on the part
of the woman and this contributed to their vulnerability. Many wives said that the
first thing their husbands demanded when they come home from the airport was
sex; they did not talk about the children, or ask about how she was doing. The
women were deemed responsible for taking care of the children and the house. In
their community service ACHIEVE found a high rate of reproductive health risks in
cervical problems such as cervicitis or cervical cancer. Many of the doctors that
they spoke to said that this could be related to their sexual activities. The women
were prone to cervical problems as they had no sexual activity for long periods of
time and when their husbands came home they were battered sexually as their
husbands made up for lost time. The women were made to suffer for the actions of
their husbands toward them.

RIGHTS OF SPOUSES OF MIGRANTS IN ASIA - THE STATUS
OF HUMAN RIGHTS OF MIGRANTS IN ASIA-THE ISSUES &
CONCERNS OF MALE SPOUSES
David De Soysa 9 (Migrants Services Centre, Sri Lanka)
David stated that 85,000 women migrant workers are sent from Sri Lanka overseas
as migrant workers. 85 of them are migrant domestic workers in the Gulf States.
He explained that female migrant workers and their spouses formed an organization
called Migrant Services Association to help Sri Lankan migrant workers. The human
rights treatment of migrant workers was very poor to the level that female migrant
workers were made to feel worthless.
The impact of the violations of human rights was immense. David expressed
happiness that the children of migrant workers whose father were foreigners were
living and were not aborted by their mothers. He shared case studies of spouses
of migrants for review and raised issues that these case studies indicate.
9
David is the Director of the Migrant Services Centre in Sri Lanka. The Migrant Service Centre is
CARAM’s partner in Sri Lanka. Among other issues and concerns the Migrant Services Centre
had concerned itself with issues and concerns of male spouses. Two Spouses Circle had
commenced a need assessment survey concerning the overall impact of migration on spouses
and children left behind while the migrant workers were abroad working to support their families.

Case study of M.S. Hadja Mohideen 10
Name of the migrant: Mrs. Hawwa Ummah
Name of spouse: M.S. Hadja Mohideen
Statement of M S Hadja Mohideen
I, M.S. Hadja Mohideen say that on the land of a Hadjiar we have been allowed
to put up a house with a deed of 15 perches. There are others who have brought
plots here. These are about 100 families who bought land. The Hajiar had sympathy
on my children and as a charitable act he gave this land to me. Now my wife
Hawwa Ummah goes to work in near by fields and she earns about 100/= a day.
My wife went to Saudi Arabia on 4th of May 1992, she went through Marian
Employment Agency. As her employers harassed her she did not contact me
and was silent. I suspected that she had problems therefore I sought to contact
her by sending a telegram “Husband was died come immediately - S.
Hajamohideen” - to the following address.
Mrs. Hawwa Ummah
C/o : Nawasir at Juthiri
Maktabbulli Sharbithi
At Hildamathul Armar
P/O Box: 180, Gulf, KSA.
This telegram was returned undelivered. A person who called at my place told me
that he had seen a person like my wife at a Colombo lodge. Then I went in search
and found her. She confessed to her situation. She had returned on 5th May
1998.
I took her to Kuliyapitiya hospital & admitted her for child birth and went
back to where I stayed in the village of Kuda Gurugama Thuththripitiya.
After about 3 weeks I visited my wife and discharged her from hospital. I
took her to rented house in Kuliyapitiya. Later I brought my 5 children &
came to the place where my wife was staying. My problem was difficulty in
facing my relations and not my children.
10
Names have been changed to protect the identity of the persons

Statement of Hawwa Ummah
I left for employment in Saudi Arabia through Marijan Employment Agency on
4 th of May 1992 and worked under Nawaseer Al Juthiri of Saudi Arabia.
I was made pregnant by Palai brother of the boss Nawaseer. His other
brother was Pala. All 3 brothers were living in same house with their families.
I was the only outsider. I was in charge of the goatherd of about 50. They
take milk and meat for their own consumption. My boss Nawaseer had 5
children Pala had 6, Palai had 5 children.
I was put into trouble by Palai - by force around 12.00 – 1.00 p.m. one night.
I never told the boss as I feared punishment, but I told Palai that I was
pregnant. He said he cant take responsibility. I complained to Nawaseer that
I wish to go home & he instructed Palai to buy my ticket & send me to Sri
Lanka.
When I was nearly 6 months pregnant I returned to Colombo on 5/5/93. My
child was born in Kuliyapitiya Hospital on 1/8/93. She is Nazeema. My
husband M.S. Hadja Mohideen was kind enough to accept paternity.
When I returned to Colombo Airport I went by bus to the Pettah bus stand
and went to a lodge as I had been there before. I do not know the owner
of the lodge.
Now the child is 9 years old, she is studying at 4 th standard at Norachcholai
Maha Vidyalaya Puttalam.
My other children are :-
Ramzia - 29 years Now Married
Mazeena - 26 years Now Married
Jesmila - 23 years Now Married
Sajith - 22 years O/L
Azad - 18 years Studying
I request support to maintain Nazeema and settle her in marriage.
Signed: Hawwa Ummah

Excerpts from an interview with Hawwa Ummah’s husband Hadja Mohideen
1. Why do you send your wife even after knowing that there are
problems in Gulf countries for women workers?
Answer - I had no job. We were displaced war refugees from Mannar. I
lost my leg due to gun shot injury during the war. I have 3 girls grown up
who have to be fed and settled down in marriage. If I knew that life in
these countries was so savage, I would not have sent her.
2. How do you feel after absence of your wife?
Answer - My children were unhappy that the mother was out. I was
worried about her and was waiting for any letter or information
about her. She sent about four letters while she was away, and
there was silence, I was scared.
3. Did she complain about sexual assault any time ?
Answer - She did not write to me in her letters any problem of
sexual advances. Once when she was talking to me on phone at my call
she complained that she is not well and will want to come back as she
has trouble from the employers brother.
4. On knowing of her return and stay at guesthouse in Colombo, what
did you do?
Answer - I felt sorry for her. Yet my problem was to keep this incident
secret from my children, relations and neighbors.
5. Are the relations now aware of this incident? What is their reaction?
Answer - No there are no problems with them now or our children either.
6. Now what is your outlook on this situation?
Answer - My wife is helpless I sympathies with her. 3 of my daughters
are married. One boy has completed his studies up to “O” level. Another
son has entered a Muslim novitiate to learn the Koran. The child born to
my wife from a Saudi man is now 9 years old. She is Nazeema and is
a bright student. I treasure a photograph of this girl taken as an
infant at a studio in Hettipola. I seek support to maintain her and give
her in marriage at the right age.
I wish that Sri Lanka would discourage wives from leaving the country to work in
foreign countries, as they will most likely face problems of abuse and violence.

I seek compensation for my wife who was sexually assaulted by her employer
household in Saudi Arabia.
Signed. M.S Hadja Mohideen
Case study of Ananda, 44 years , as told to and reported by Migrant
Services Centre 11
Name of Migrant: Samanlatha
Name of Spouse: K. Ananda
Statement of K Ananda
I, K. Ananda a casual employee with 3 children unable to make ends meet decided
to send my wife for overseas employment. Aware of pitfalls of migration and
trusting the promises of State agencies that an officially trained, certified,
and insured migrant worker serving in a prestigious country like Saudi Arabia
will face no difficulties, I contacted an employment agency in Colombo and
sent my wife Samanlatha on 18/9/97 through Surad Employment Agency to
the following address in Saudi Arabia.
C/o :
Mahammadanin Alsadhari
P/O Box: 106517
Riyadh 11 676, Telephone – 4922063
She wrote letters home in early period of her stay but since there was no
communication from her from 1/4/99 I telephoned her to hear that she was
no longer employed there. Concerned I reported this situation to the State
Bureau of Foreign Employment on several occasions and made a written
complaint on 23/6/99. Although I attended 3 inquiries the employment
agency kept away. Meanwhile the search for Samanlatha continued.
11
Names have been changed to protect the identity of the persons

Statement of Migrant Services Centre
According to Samanlatha who was present in the Migrant Services Centre
office, the employer dragged her while she was working, held her, tied her
hands and committed a sex act on her. She complained to the wife of the
employer, who took her to the Riyadh Police Station where they recoded a
statement and detained her. Samanlatha says that this case was not reported
to the Sri Lankan Embassy by Samanlatha or her employer.
Statement of Samanlatha
I was put in jail where I gave birth to a baby girl Nishani on 03/3/99. When
my passport was handed over I saw that the S/L Embassy had endorsed
that to enable me take child to Sri Lanka.
Statement of Migrant Services Centre
She is now carrying a child Nishani born on 3/3/99 with her.
On her return to Sri Lanka Samanlatha was unable to face her husband. So
she stayed with her sister and informed her spouse by letter that she is in
this condition and whether he would receive her at his home. Ananda felt
sympathetic as he had decided to send her for overseas employment for
economic reasons. However he faced the difficulty of divulging the situation
to his 3 children at home. He insisted that Nishani be kept with Samanlatha’s
aunt. Now the child is with the Aunt of Samanlatha who refuses to continue
keeping her until she is adequately compensated.
On the complaint of Ananda the Government Bureau held an inquiry and
made an exgratia payment of Rs. 15,000/- over the incident. This is hardly
adequate to meet the expenses related to Nishani’s needs. Neither is it
adequate compensation for the offence committed by employer.
Though Ananda welcomed Samanlatha back to his home he complains of
impatience and anger at what happened and admits to assaulting his wife.
When counselled at MSC, she shared her traumatic condition and sought an
effective solution to overcome this situation.
Neither Ananda nor Samanlatha are willing to part with the child and give
her for adoption to an individual. The State has no provision to accommodate
a situation of this nature of children brought back by mothers who give birth
to them overseas.
Instances of this nature are increasing. Apparently the “train, certify insure
approach” has failed to overcome the wild behaviour of overseas sponsors who

are not offered adequate training in employing expatriates. This case like
many others point to the need for counseling employers and establishing an
International Fund to care for these children. Such funds may be set up
under UN auspices.
Ananda and his wife Samanlatha now seek support to meet the expenses
of bringing up this child Nishani and they also request that arrangements be
made to ensure that sexual violence is banned in countries that seek female
migrant domestic workers.

Case Study of M. Sarath Fernando 12
Name of the Migrant: M. Sarath Fernando
Name of the Spouse: V.G. Ramya Mangalika
M. Sarath Fernando encouraged his wife V.G. Ramya Mangalika to join a
Garment Factory Tradition International of P/O Box – 356, Ajman, UAE. T.P.
97167437256 as a Juki operator.
She left Sri Lanka on 19/4/2000 through a registered Employment Agency
called Trans Gulf, having registered with the Govt. Bureau after being insured.
After she left on 22/5/2000, her mother in Sri Lanka expired. She was
informed, but Mangalika failed to come down for the funeral. Their relations
were demanding from her husband that he should bring her down. This was
not possible as the agency failed to cooperate in spite of repeated requests.
They demanded 1900 Dinars as expense and advised the spouse to contact
the Govt. Bureau for advice.
When he complained to the Bureau they insisted that Sarath Fernando pay
his spouse’s ticket expenses. As her employer had not paid her wages for 1 1 /
months, her spouse requested the agency to use her unpaid wages to
2
meet these expenses. However the Settlement Division of the Bureau failed
to take satisfactory action.
On 7/6/2000 at an inquiry conducted at the Bureau, he was asked to pay
Rs. 45,000/- to Rs 55,000/- to meet the agency’s expenses to facilitate her
return. As he had no money, the inquiry was postponed to 4/7/2000. Then,
the agency demanded Rs. 56,000/=
On 17/7/2000 he received a letter from his wife. She had complained of
excessive work, long working hours and ill treatment and requested that she
be brought back immediately. She threatened to commit suicide if no early
assurance was given of her return to Sri Lanka.
MSC intervened to save the life of migrant worker by taking further action
in this dispute. As there was no cooperation from the overseas sponsor,
MSC appealed to Sri Lanka Embassy in Oman to intervene.
The embassy official who reported on the case said that the worker was
happy and contented and did not wish to return home. As no clear path
towards a settlement was in sight and as the spouse had sufficient political
clout, MSC advised him to obtain the intervention of a powerful Minister .
The Minister spoke directly to the factory management and Ramya Mangalika,
the worker, and requested her repatriation.
12
Names have been changed to protect the identity of persons

The management complied after Mangalika agreed to pay a sum of Rs.
15,250/- for the ticket and visa fees of Rs. 1500 Dinars. The spouse is
happy that his wife returned after his several attempts to set her free.
However he is sad that she was not paid the agreed wages (agreed 475
Dinars, paid 400 Dinars only), engaged in extended hours of work and not
compensated.
Her spouse has made a complaint to recover the balance wages, overtime
payments, compensation for not granting leave etc. This matter is pending
with SLBFE.
David referred to the comment that Malu made in relation to changing the situation
that was plaguing migrant workers. He stated that the problem had nothing to do
with implementation but coming up with practical solutions to solve the problems
faced by migrant workers working abroad. David informed the participants that
Migrants Services Centre (MSC) had a spouses circle of husbands, which was
formed by migrants. He elaborated that MSC was advocating the establishment of
conciliatory offices in the receiving countries to provide support to migrants’ workers
abroad.
David mentioned that besides Sri Lanka, the Philippines were the only other country
to ratify the UN Convention in Asia. Only 19 countries had signed the UN
Convention. He said that the UN should take note of this fact. David emphasized
that NGOs should push governments of sending countries to bring the human
rights violations to the attention of the UN and the Special Rapporteur for Human
Rights of Migrants.
The situation of migration of wives as it impacts on spouses left behind depended
on information that enabled the decision-making by family members prior to
migration. Employment in some Arab households is an exercise in abuse and
exploitation invisible to the rest of society. Abuse and exploitation prevailed in Sri
Lanka both inflicted by factory owners who are Sri Lankan as well as non-Sri
Lankan supervisors.

During migration of the wives, the male spouses normally lived in the house where
he lived before his wife migrated which is often the main family house with relations
of the wife or he may live on his own in a separate house. He mentioned that
related information on consumption patterns of spouses in absence of their wives;
in terms of alcohol and drugs and information with regards to sexual behavior and
practices were difficult to obtain.
David noted that the male spouses rarely admitted their diversions as well as their
indulgences in alcohol, drugs and seeking solace in temporary wives to overcome
their loneliness and helplessness. However in the course of close interpersonal
discussion, male spouses admitted being aware of awkward situations in the
behavior of “others known to them”! Most spouses of domestic workers were
engaged in unskilled or semi skilled occupations; some of them were unemployed,
and they were aged between 25-40 years old. Most spouses of housemaids had a
basic education up to O Levels. Their economic status was predominantly
dependent on the earnings of their wives working overseas.
Most remittances were used for family consumption and education of young children
who were left behind. Employed spouses struggled with the extra burden of caring
for the home and children and were heavily dependent on members of the extended
family to undertake the traditionally regarded female chores usually undertaken
by the wife. There had been instances when interaction between the spouse and
a family member led to extra marital relationships. The male spouse was accused
of neglecting the children as well as wasting the hard earned money of the wife
regularly remitted home, on entertainment and on newly found partners.
Through a period of confidence building a “spouses circle” may be able to elicit
more information. The 3 case studies identified earlier though confined to results
of sexual violence, are an example of one of the many social problems faced by
migrant workers, and provides an opportunity to persuade authorities to view the
women migrant workers in a different light from the popular perception of being
National Heroines. The women migrant workers were ill treated, abused and
inhumanly treated without recourse to mediation/counseling/protection and
assistance in the receiving country or back home on their return.
The overall situation was researched and it was reported that “a long term supportive
strategy” was needed to provide shelter to these women who had “fallen” especially
the ones who became pregnant after being raped and had babies to look after.
Currently, there exist no agreement between Sri Lanka and any country that imports
her labor. The agreement would allow the responsible Sri Lankan authority to
intervene and exercise some influence to bring about comfort and consolation to
the female migrant workers. Statistics showed that the bulk of Sri Lankan women
migrant workers worked in the Gulf. Saudi Arabia, Emirates, Kuwait, Jordan and
Lebanon were the Gulf states where the majority of Sri Lankan women migrant
workers worked according to their embassy in Colombo. However, Sri Lanka has

failed to take advantage of their presence to bring in order and justice to the
enterprise of migration. The receiving countries are non-members of the ILO and
IOM and other international agencies, thus they may be tempted to easily ignore
international provisions unless bound to inter-country agreements
QUESTIONS & COMMENTS
Zia suggested that DNA testing should be conducted so that the father of the child
would be held responsible for their actions.
Nazar said that out of the 19 countries that ratified the convention, none of them
were European countries and the United States was not among them. The Special
Rapporteur said she believed that the human rights violations that Nazar mentioned,
required more concrete work to be done by the NGOs and that she would like to
chair a workshop on this issue.
Peter Ngyuen Van Hung said that after all the sessions that morning he wanted to
see governments and corporate stakeholders present at future meetings. He stated
that he had worked successfully with GAP and Liz Claiborne and he felt that
corporate businesses had a responsibility to contribute their time and resources to
supporting migrant workers issues.
Irene responded to Peter’s comments by stating that she believed that his work
with GAP started before September 11. She mentioned that Tenaganita was
supposed to start working with GAP but due to September 11 it did not proceed as
planned. The other point that she wanted to point out was the UN Convention as
well as the CEDAW Convention and Convention 90 specifically. She suggested
the participants could focus on these conventions in their workshop discussions.
Tati suggested that the participants should work together with their respective
countries’ ambassadors to establish links to support migrant workers working
abroad. This was important, as they did not have any contacts with embassies or
the NGOs in Middle East countries.
Meera said that it was important for the participants that they acknowledged their
own prejudices about migrant workers.
Zia stated that he felt that documenting of cases of migrant workers had to be
addressed and that it required trained staff to document and to prepare affidavits,
which was integral to the UN system. He then asked whether there was a document/
an example for NGOs to follow.
Sharuna responded to Zia’s question to say that there was the UN Road Map by
the Canadian Human Rights Foundation which had been distributed through the
CARAM mailing list.

Nana stated that there was a need to look at the ASEAN regional groups and in the
meeting of NGOs, one of the Indonesian participants would bring up the issue of
human rights violations and the need to address them.
Bee said that in Thailand, the Burmese migrant workers were undocumented and
their rights were very blatantly violated. She explained that the migrant workers
were stateless when they are sent back to their home countries, as they were
undocumented.

SYNTHESIS - THE STATUS OF HUMAN
RIGHTS OF MIGRANTS IN ASIA & ISSUES
AND CONCERNS
Migrant Workers and Their Families
1. No recognition of migrant workers as human beings
· inhumane treatment is meted out
· social and sexual needs and rights are not recognized
2. There is no proper recognition of migrants as workers
· women migrants are more vulnerable because they work in the informal
sector
3. There is poor awareness of health rights and its impact on migrant workers’
health which causes a regional maldistribution of health
4. The rights of women migrant workers are violated through the use of sociocultural
(religious factors)
5. Spouses are a forgotten group
6. Migration has impacted on families in terms of:
· families staying together
· children
· legal identity of children
7. Migrant detainees are another forgotten group
Environment of Migration
1. There does not seem to be a long-term migration management strategy.
Policies are ad- hoc.
2. Recruiting is rife with corruption and there is poor monitoring of recruitment
agencies.
3. The law seems to disempower migrant workers

4. Gender subordination and patriarchy impacts the vulnerability of women
migrants
5. Migration and trafficking are interlinked processes.
Actions Needed
1. There is a need for a clear, systematic information collation process and
prioritizing of direction/issues.
2. There is a need for a conceptual framework for the understanding of migrants
rights.
3. There is a need for more dialogue between the government and NGOs
4. A database needs to be developed of,
· lawyers
- international instruments and mechanisms that can be used

WORKSHOP 1 - CONSTRAINTS IN THE
PROTECTION OF MIGRANTS RIGHTS &
STRATEGIES TO ADDRESS THE
CONSTRAINTS
Chaired by Zia Ahmed Awan (Lawyers for Human Rights & Legal Aid)
The facilitators for each group are as follows:
Group
Labor
Health
Women
Spouses
Chair
Tati Krisnawati (Asia Pacific Forum on Women, Law and
Development)
Malu Marin (Action for Health Initiatives Inc)
Vani Ravula Dulaki (Asia Pacific Forum on Women, Law and
Development)
Sakiul Millat Morshed (Shikkha Shastha Unnayan Karzakam)
i) What are the constraints in the protection of migrant workers, with regards
to:
(a)
(b)
Empowerment of migrant workers
Policy/Advocacy
ii)
What are the existing strategies and mechanisms to address the constraints?
What are the challenges in implementing the strategies?

Group on Labor :
EXISTING CHALLENGES STAKEHOLDER RECOMMENDATION
STRATEGIES
Lack of Labor Attache Resources APWLD
commitment Training
From
diplomatic
Missions
Lack of Training Comprehensive Government Monitoring of
preparation -Orientation content of R.A Research Agencies
-Skills -Skills building Training Develop standard
-Information -Language Trainers to be operating
procedures
Cultural independent / in the recruiting
values professional process
-Language
skills
Lack of Legal Lobby NGOs Structure of -Advocate for laws
protection and Government to Law that protect MW’s
Labor to legislation/ Enforcement -Advocate for
legislation use mechanism Office involvement of IOM
-Guide book for
Employer –
Singapore
No trade Tripartite Trade union Dialogue with
unions conference ICFTU Trade Union
(Migrant
Organization,
Women’s
Organization,
Trade Unions)
Initiatives from
receiving
countries
Lack of Initiatives from
Bilateral sending
agreement countries
/ MoU
Contracts NGOs lobbies Perceptions NGO
-lack of to govt. Government
standardized -Empower
contracts MWs thru
-contract education
substitution
-multiple
contacts
-Terms
Funds Proposal to Convincing Funders
Foundations
-NGO
Collaboration
-National
-Regional
-International

Group on Health
PERSPECTIVES
CONSTRAINTS
Personal Constraints that 1. Isolated condition-working condition
impact on health 2. Legal status
-relate to structural 3. Language barrier
constraints 4. Lack of knowledge and info
5. Fear/shame
6. Control of mobility by their employer
7. No shelter/homeless
8. Overworked
9. No days off
Political I. Discriminatory policies
a. -double fees
b. -mandatory testing
c. -reproductive health
e.g. pregnancy, abortion.
II. Corruption – e.g. medical testing
III. Competition between countries.
IV. No bilateral agreements securing health
rights.
V. Lack of monitoring system-national and
international
VI. Lack of interest of other international
agencies on issue of migration and health
VII. Lack of integrated and comprehensive
policies addressing MWs concerns,
especially in the area of health, e.g. fielding
health officers in embassies
Economic 1) Lack of resources for health and welfare of
MWs (misappropriation of funds)
2) High costs of health care in both sending
and receiving countries.
3) Low salaries of MW-health needs are at the
bottom of their priorities
4) No insurance
Social & cultural 1) Discrimination by healthcare providers
2) Lack of education on health issues
3) Taboos
4) Poor health-seeking behaviour (tendency
to self-medicate
5) Gender discrimination practices in
communities
6) Lack of documentation on health issues
-mental health
-reproductive health
-sexual health

TYPE OF STRATEGIES EXISTING STRATEGIES CHALLENGES
Local Organizing of MWs -Involving MWs in all phases
(Cut across national Advocacy of the program
and international) Education -sustainability
Direct/Health Services
Research
-improving quality and
effectiveness
-Broadening coverage
-Dealing with other key players
(e.g. RAs and governments)
National -Pre-departure education -Needs to be reviewed and
-Policies & Programs -Workman’s Compensation improved to
Scheme (Malaysia)
include health rights and
-Formulation of Policies concerns
addressing
-Enforcement and monitoring
migrant rights
-Integrating health concerns
(e.g. Philippines)
-Involvement of NGOs/MW in
national programs
-Networking and
coordination
-Needs to be improved
-expansion and sustainability
-nvolvement/leadership of MWs
International ASEAN TASK FORCE ON -mainstreaming other health
AIDS
concerns of migrant
-Brunei
workers
-Indonesia
-creating reporting and
-Malaysia
documentation
-Philippines
mechanism
-involvement (sustained) of
Greater Myanmar Summit &
China
regional NGOs in such
mechanisms/initiatives
-International Human Rights
Mechanisms

Group on Women
CONSTRAINTS STRATEGIES CHALLENGES
Cultural and social views National and Regional Lack of resources and
on women’s work. network addressing human capacity.
migrant workers.
Status of women-legally Multi-agency approach Lack of political will-BPTS.
illegal, undocumented,
trafficked.
Lack of information for Constructive dialogue Attitude and perception
both employees and between governments
employers and sharing and NGOs and
of best practices.
workers.
Lack of coordination Support services at Building a coalition between
between government both sending and sending and receiving
agencies. receiving countries countries.
issues.
Language skills –both Sensitization programs Regional institution to put
migrant workers, for law enforcement pressure on member
employers, officials. agencies, immigration countries on human rights
departments, media
personnel.
Implementation of Using the media, ASEAN
obligation under human publication of
rights conventions and information materials
ILO.
in languages of the
workers.-Educational
programs.
No proper monitoring
and accountability
at State level on
migration.
Poverty, family pressure,
political instability,
natural disaster, war,
globalization.
inducement by recruiters.
Lack of bilateral
agreements

Group on Spouses & Families
CONSTRAINTS
STRATEGIES
Single entry policy denies the Mobilization of spouse/spouse
rights of spouses and families. groups (savings, health
awareness)
Only Convention 90 addresses Mobilize spouses in the receiving
the rights of families but it
country to organize themselves.
cannot be enforced.·
Recognition of spouses/children Spouses are abused and face
etc at all stages does not exist violence.
especially at receiving countries.
Discriminatory laws for MWs Communication with husband not
in both men and women there there ( so both sides do not realize
are double standards. Again, if the harsh realities of the other
you are a professional, then partner).
the policies are different). Social/Counseling services by/
jointly with recruiting agents and
government with employer and
government.
Immigration/family laws. Companion (ratification of
Convention 90)
Denied communication. Make visible campaign on locals
married to MW (E.g. Korean
experience).
Abuse/violence and sexual Data collection (Research on
violence.
violations/impact on
spouse/children, family-visibility
and community actions.
Worsening health situation of Info and orientation with spouses at
spouse and children.
Pre-departure.
Remittances are not sent to the Place for reintegration (clear
MW’s wife but to the MW’s
policies for remittances/savings/skill
father.
development) should begin at the
Pre-departure stage.
The UN Special Rapporteur on
Human Rights of Migrants should
focus on spouses, children and
families at all stages of
migration.
Family law (Marriage/Divorce,
Children’s rights).

Questions & Comments:
Irene said that she thought that trade unions perceived migrant workers as their
enemies. She stated that labor groups did not address all the human rights
violations. She quoted the Singapore Handbook and suggested that the handbook
be studied to see what is said in terms of the definition of migrant workers.
Paul stated that more work needed to be done on labor issues.
Meera pointed out that the labor and health groups did not mention the lack of
data and information on these issues.
Pande informed the group that the strategy of migrant workers was to resort to
taking herbs as medication for their illnesses since they did not have documents
and were scared of going to the hospital for fear of being arrested or deported for
being either medically unfit or undocumented.
Nazar said that the issue of migrant child labor needed to be discussed.
The Special Rapporteur stated that the issue of rape/incest, the health of migrant
workers was important. She pointed out that the smuggling of women and migrant
workers was not addressed.
Mel said that Filipino women were trained in ballet dancing. But when they went to
Japan they were employed in clubs as hostesses and later sexually abused. She
pointed out that some of the women had relationships with their male customers.
Some even got married to the customers and some were promised marriage.
Irene stated that there was a lack of coordination of programs for migrant workers
by NGOs and she advocated studying the existing resources to pinpoint the manner
in which the funds were being used.
The consultation was adjourned for the day after the reporting and discussion
session.

TRAFFICKING OF WOMEN
CHAIRED BY NANA KAMALA CHANDRAKIRANA.
Trafficking and Migration by Usa Lerdsrisuntad
Trafficking and Migration are two related issues. From the film, “The Migrant Soul”
that was screened the previous day, Usa said it was very clear that trafficking had
become the core element of migration. She referred to Babu who was trafficked
from Bangladesh by an agent to work in slavery like conditions in Malaysia. When
he arrived, he acknowledged that what the agent promised him was not true. He
became debt-bonded and an illegal or undocumented migrant. He was arrested
by the Malaysian authorities and had to be placed in the detention centre. It was
sad that he finally could not return home to see his mother. However he left us with
a powerful media that could be used in the fight for human rights of trafficked
persons everywhere.
Usa said that she wanted to point out the route of regular migration, which the
participants were familiar with. Private companies and government agencies worked
with agencies to facilitate migration from one country to another. The rights of
these migrants would depend on the contract they had agreed to and the related
situation on civil-political rights in the destination countries. Therefore, if the rights
of the people in the destination country were not regarded enough, this would
influence the rights of migrants. This was seen in the case of Punitha and her
husband who were not allowed to stay in Malaysia. She stated that women in
Malaysia were discriminated against especially since local men could have their
spouses stay with them in the country. Usa said that it was crucial to seek solidarity
and to work with women’s groups to realize this right.
Secondly, Usa stressed that one of the major factors contributing to trafficking in
persons is repressive laws and policies on migration. Most receiving countries had
very limited official work quotas. As a result, people who were desperate to leave
their homelands, were more likely to seek the help of illegal agents and others to
facilitate their migration, sometimes even using false documents and illegal modes
of travel and entry and ending up in slavery–like condition. Trafficking in persons
involves the criminal manipulation of persons who want or need to migrate for a
better life. It exists at the intersection of organized crime and migration.
She reiterated that it was crucial to have different strategies to address the legal
and illegal migrants using the trafficking in person paradigm to protect the rights of
the undocumented migrant. This was because undocumented migrants were
persons who are seen as a criminals rather than as persons affected by a problem.
From a human rights framework, we could claim that governments in receiving
countries had the responsibility to protect the rights of trafficked persons.

Usa informed the participants that GAATW had been promoting the Human Rights
Standard (HRS) since 1999. It was derived from a set of Standard Minimum Rules
(SMR) to protect the rights of trafficked persons which arose from an International
Workshop on Migration and Trafficking in Women in October 1994 and organized
by the Foundation for Women. NGOs and activists from different parts of the
world present at the workshop felt that if a comprehensive document could be
prepared it would be easier for its inclusion into the legal procedure. Subsequently
a number of people contributed their expertise and time for the development of
Standard Minimum Rules for the Treatment of Trafficked Persons.
The HRS includes an all-encompassing definition of trafficking and a set of state
responsibilities, which ensures that trafficked persons are protected and their rights
are promoted under human rights laws. These responsibilities contained measures
to provide trafficked persons with access to justice, private actions and reparations,
access to seek asylum, access to health and other services, and help with
repatriation and reintegration in their home countries.
She stated that it was crucial to note that trafficking in persons did not only involve
prostitution but that it could happen in all kinds of work. The HRS definition of
trafficking in Persons is:
“All acts and attempted acts involved in the recruitment, transportation within and
across borders, purchase, sale, transfer, receipt or harbouring of a person, involving
the use of deception, coercion (including the use of force or the abuse of authority)
or debt bondage for the purpose of placing or holding such persons, whether for
pay or not, in servitude (domestic, sexual or reproductive), in forced or bonded
labor, or slavery like conditions, in a community other than the one in which such
person lived at the time of the original deception, coercion or debt bondage.”
The idea of HRS was used in Thailand successfully in advocating for the rights of
undocumented migrants who were trafficked by pushing for the - Memorandum of
Understanding: The Practical Guide for Agencies Engaged in Assisting Women
and Children Subjected to Trafficking - which was established by government
representatives and NGOs.
Recently, the Foundation for Women was successful in suing an employer who
refused to pay the back payment of salaries of 30 Burmese girls. They were
considered as trafficked persons according to the MOU. Although the Foundation
for Women could not prosecute the traffickers since it was difficult to identify them
they could assist them by sending the cases to the Labor Court that would order
the employer to pay altogether around 2 million Baht to the workers.
Usa stressed the importance of strategies to help protect and promote the rights
of undocumented and documented migrants. Thus the promotion of the HRS and

its adoptio by governments of receiving countries was an emerging concern for
everybody working on the issue of trafficking and the rights of migrants.
She concluded the presentation by providing a web site address to the participants
who were interested in learning more about the HRS. They could go to GAATW’s
web site at http:// www.inet.co.th/org/gaatw.
Following Usa’s presentation was workshop 2 on the current status of monitoring
human rights of migrants.

WORKSHOP 2 - MONITORING OF HUMAN
RIGHTS OF MIGRANTS – CURRENT STATUS
The facilitators for each group are as follows :
Group
Undocumented Migrants
Violence
Aegile Fernandez
Detention
Fernandez
Families of Migrants
Chair
Co-chaired by Fr. Peter Nguyen & David De Soysa
Co-chaired by Nana Kamala Chandrakirana &
Co-chaired by Zia Ahmed Awan & Aegile
Co-chaired by Sakiul Millat Morshed & Malu Marin
1. Define the violations of rights with regards to the topic of your group. (in terms
of detention)
2. Which legislation, policies and mechanisms compromise their rights ?
Identify the state/non-state actors who violate these rights of migrants ?
Group on Undocumented Workers
PRE-DEPARTURE AND TRANSIT :
VIOLATIONS LEGISLATION ACTORS
State Non State
Right to work and
Move in country of
Destination —- —- —
Confiscation of Taiwan-Inconsistency Police Agent
Documents in interpretation of Employer
Labor Law
Malaysia-Immigration
Law
Abuse of Power
Labor Laws

VIOLATIONS LEGISLATION ACTORS
State Non State
ie Police-disregard
documents
Employer-no
contract, nonrenewal
of contract,
cancellation of work
permit
Agent
Discriminatory, unjust Labor policies Ministry of Labor Employers
labor policies of Laws Ministry of Interior Agents
receiving countriesie.
Traffickers
*No protection for
Smugglers
Undocumented
Workers (UW)
*short-term contracts
*trainee arrangements
Discriminatory Foreign Affairs Policy Ministry of Foreign Employers
consular services Affairs Agents
Embassies/
Consulates
Exorbitant placement Labor policy for Ministry of Labor Agents
fees overseas migrant Ministry of Home
workers
Affairs
Contract substitution Migrant worker labor Ministry of Labor Agents
policy Ministry of Home Employers
Affairs
Lack/limited access Labor policies Ministry of Labor Employers
to medical care due Ministry of Health Agents
to discriminatory
Ministry of Social
labor policies, police
Affairs
harassment
Police
Unjust, unpaid wages Labor policies Ministry of Labor Employers
Agents
Trafficked UW Labor policy Police Agents
Immigration policy Ministry of Justice Employers
Immigration
Ministry of Labor
No access to fair trial, Immigration Police Agents
victims are Ministry of Justice Employers
criminalized
Immigration

Group on Violence
VIOLATIONS LEGISLATION ACTORS
PRE-DEPARTURE AND TRANSIT :
right to complete
information including risks,
consequences and
remedies
right to bodily
integrity, dignity and
privacy (stripping, rape,
physical abuse)
right to freedom of
movement (captives
cannot leave center)
forced labor in training
scheme, recruiting houses
‘marriage of convenience’
(trafficking, bonded
slavery)
freedom of choice (DV
towards prospective MW)
economic abuse
Falsification of documents
Lack of Policeis, MoUs,
BAs
Monitoring Mechanisms
(not address responsibility
of recruiting agents)
Lack of standardized fees
Labor export policies which
commodify workers
No comprehensive
employment policies and
labor laws
policy on detention centers
holding centers (not
allowed access nor legal
representation)
prioritization of social
security policies
weak monitoring policies
and enforcement policies
mandatory caning/whipping
to undocumented workers
Recruiting
agencies
medical center
Immigration
Labor authorities
Local government
officials
Receiving
countries:
recruiting
agencies
Immigration
authorities
Police
Employer
Judges
Labor authorities
Medical personnel
Embassy officials
POST ARRIVAL
Right to complete
Information: jobs
Right to bodily integrity
Right to freedom of
movement from one job
to another
Right to communication
Right to decent work
conditions: including
wages, leisure, living
conditions, food
Right to health and access
to treatment
Right to freedom of
religion and culture.
Immigration laws (include
mandatory HIV/AIDS
testing upon arrival and
renewal of work

VIOLATIONS LEGISLATION ACTORS
POST ARRIVAL
Reproductive rights :
Right to be pregnant,
marry, have a family,
maternal and child
health care
Right to humane treatment
in detention centers·
Right to life
Right to representation
Right to legal) redress
Right to social security
Right to association
Right to welfare
REINTEGRATION
permit.
No BA, standardized
contracts
Single entry policyimmigration
law
law of prostitution, brothel
owners
family laws
biased enforcement of
punitive measures against
perpetrators
levy policy does not
recognize welfare interest
(revenue-focused)
Violation of privacy
leading to stigmatization
Violation in access to
services
Right to livelihood
(savings, skills
development to stay)
Right to safety/security
Right to redress (action
against recruiting agents)
Right to healthcare
Right to reparations
(compensation, care,
support etc).
Lack of reintegration
policy: directed at
individual, family and
community
lack of employment
opportunities (pressure
to re-emigrate)
banking policies biased
towards the poor and
returnees
levy/taxation policies
lack of welfare mechanism
for returnees (misuse of
insurance funds)
Government
officials
Family members
Community
Loan sharks
Immigration and
Labor officials
Transportation
agents

Group on Families of Migrants
LEVELS OF FAMILY :
nuclear family
extended family
partnership e.g. same-sex
RIGHTS
POLITICAL
STRUCTURES
State
ACTORS
Non
State
CONSEQUENCE
Access to
information
Reunification/
live with
spouse
Right to work
Health,
education,
and social
services
Travel
Nationality/
cultural
identity
Legal redress
Social security
Rights of child
Citizenship/
cultural
identity
1990
Convention
not enforced
Immigration
policies
(protectionist)
e.g. single
entry, health
requirements
Labor
policies look
at migrants
as “machines”
single entities
and not part
of families
Marriage laws
Citizenship laws
MOUs, Bilateral
Agreements
National Laws
policies of
sending
countries
Economic
realities
Cultural
beliefs
Government
Agencies
Immigration
Labor
Health
Police
authorities
Lawmakers
Justice/Legal
System
Foreign
Affairs
Embassies/
Consulates
-Brokers
-Citizens of
the receiving
country
-Recruiting
Agents
-Families/
Communities
Disintegration
of families
Neglected
children
STATELESS-
NESS·
Economic
abuse
Social
problems
drug use of
children
Vulnerability
trafficking
exploitation
STIs/HIV/
AIDS
Religious
problemS
Death
Dead bodies
Mental health
problems
depression/
loneliness

Group on Detention
VIOLATIONS POLICIES/ LEGISLATION/ ACTORS
MECHANISMS
1. DENIED ACCESS TO JUSTICE
A. not produced before court
B. no legal representation
C. no interpreter to define
charges
D. no explanation on legal
system
E. non-supervision by
judiciary of the
detention centres
F. bias approach of law
enforcers and judiciary
G. torture in custody
H. money and belongings
– taken away
2. RELIGIOUS RIGHTS DENIED
3. HEALTH
A.no medical treatment
B.no medico-legal check-up
C.no proper food and water
D.not allowed to sleep
E.unhygienic condition of
the detention centres
F. mental health – no
treatment and counseling
4. Family visits and contact
denied5. Rampant
corruption
6. Physical and sexual abuse
7. No access to information
8. Illegal deportation.
a. Discriminatory practices
through law
b. Non ratification of
international treaties
c. Compensation denied
d. Discrimination between
men and women
through policies /
legislation and
mechanisms
e. Non provision of
legal aid
f. Absence of judicial
activism
g. Access to detention
centres denied to civil
society as well
as independent
commissions
and bodies
h. No proper finances
to improve conditions
in detention centres
i. Media Control
j. No transparency
and accountability
k. Lack of enforcement
of policies and laws
l. Gender discrimination
at all levels
13. No provision of
child care
STATE
-Immigration
-Police
-Medico Legal
-Doctor
-Prosecutor
-HR Commission
-Parlimentarians
-Labour
-Department/HRM
-Home Ministry
-Embassies/High
Commission
-Foreign Ministry
-Ombudsman
-Court Staff
- Jail Staff
NON STATE
-Lawyers
-Counsellor
-Doctors
-Recruiting Agents
-Smugglers
-Traffickers
-NGOs
-Religious
Institutions
-Families
-Employers
-Middleman
INTERNATIONAL
-International and
regional bodies
and agencies

Monitoring of Human Rights – Conclusion
Irene stated that unless we probe and look deeper, there cannot be effective
monitoring. We have to know how the migrant workers become undocumented.
She referred to Saiful’s testimony in the pening session where he said that he had
legal documents and yet got arrested and put into the lock up. According to media
reports of the day, in Greece, a Canadian recruiter is recruiting migrant workers to
renovate the Olympic stadium. She used the example to illustrate the difficulty in
prosecuting foreign agents such as the Canadian agent as there were no
international laws protecting migrant workers rights while promoting the prosecution
of agents in trafficking. Irene posed a question to the participants asking in which
country the Canadian agent would be prosecuted in case of fraud. In Canada,
Greece or Spain? When we look at the monitoring and documentation of migrant
workers and their rights, there are several aspects to look at. The diagram below
illustrates the different aspects of monitoring.
Monitoring
FACTS
FORCES
CONSEQUENCES
CAUSES
RIGHTS
RESPONSIBILITY
(Accountability, who define)
ACTIONS
ADVOCACY
MIGRANTS
STATE/NON-STATE ACTORS
GLOBAL

Presentation of Country Reports
Country reports were presented by Indonesia and Malaysia.
Indonesia’s report was a consolidated report from three NGOs, including Komnas
Perempuan, Kopbumi and Solidaritas Perempuan.
In presenting the Indonesian report Nana stated that there was a special terminal
for migrant workers called Terminal 3 in the Jakarta International Airport. She
mentioned that the Indonesian government failed to provide adequate redress to
the violations experienced by migrants. When workers came back sick, they were
taken to the hospital. The hospitals claimed that they lost money because the
migrant workers were unable to pay for treatment. For example, 1 hospital lost
200 million rupiah (about USD 20,000).
She expressed her concern on the massive deportations that were occurring at
the Malaysian and Indonesian borders. Migrant workers were left stranded at
Nunukan, and while waiting some of them suffered from mental trauma. Nana
singled out 3 main issues that were important; (1) deportation, (2) trafficking and
(3) HIV/AIDS. She then proceeded to speak about the trafficking in people from
Riau to Jawa through Batam to Malaysia and Taiwan. 53 migrant workers have
HIV/AIDS. Out of the 53 migrant workers, 37 are women. This information was
obtained from the latest medical check-ups of migrant workers at a medical clinic.
The Malaysian Country Report was presented to the participants as a book entitled
Migrant Workers Rights Violations, Malaysian 2002 Report.
Following the presentation of country reports was a session on the role of the UN
Special Rapporteur on Human Rights of Migrants.

ROLE OF THE UN SPECIAL RAPPORTEUR
ON HUMAN RIGHTS OF MIGRANTS
Chaired by Sharuna Verghis
The Special Rapporteur said that all the participants present should know about
the mandate of the UN Special Rapporteur on Human Rights of Migrants. She
mentioned that the participants could go to the UN Office of the Human Rights
Commission web site. She elaborated that NGOs and countries that wanted to
invite the UN Special Rapporteur on Human Rights of Migrants for a visit, must
first understand her mandate. She mentioned that she attended the World
Conference Against Racism, Discrimination & Xenophobia and Related Intolerance
(WCAR) in Durban last year, where she talked about the Resolution on migrant
workers rights that was passed at the conference. She then explained her role -
such as presenting the Special Rapporteur on Human Rights of Migrants Report
to the UN General Assembly, sending letters to country officials to respond to her
queries. She gave examples of countries she had sent letters to such as Indonesia,
Turkey, Tonga, Spain, USA, Qatar and Emirates.
The Special Rapporteur gave a list of departments and organizations to whom
NGOs should direct their lobbying efforts.
Lobbying
Department of Foreign Affairs
Department of Health
Department of Justice
Ministry of Interior
Police
Immigrations
Intelligence
Security
UNDP
UNFPA
HAD
IOM
ILO
UN Human Rights Commission
Consulates in different countries
She elaborated that the issues on women, men, health violations (physical) needed
to be documented using an allegation form.

Questions and Comments:
Meera asked how the Special Rapporteur goes about making her report to the UN
and whether she made reports to the UN about her official visits.
Peter said that Taiwan was not a member of the UN and he wanted to know how
strong her report would be to the Taiwan government and the UN. He inquired
whether there would be a problem if an NGO in Taiwan were to invite her to visit
Taiwan.
Zia stated that the Special Rapporteur’s office should take the responsibility to
visit the countries instead of waiting for the NGOs to invite her for a visit. He
acknowledged he knew that she had limitations in terms of budget, time and other
limitations.
The Special Rapporteur expressed her concern about a document on the Protection
and Controls on Migrants. The Special Rapporteur stated that the Office of the
High Commissioner for Human Rights does not recognize refugees in Burma,
Sabah and Afghanistan.
Nazar said that UN Special Rapporteur on Human Rights of Migrants does not
have a special fund for her to make visits to countries, detention centres etc. On
the other hand, in some countries NGOs had set up a special fund for the other
UN Special Rapporteur to make visits.
The second half of the day began with the session on the response to the
presentation of the UN Special Rapporteur.
RESPONSE TO THE PRESENTATION OF THE SPECIAL
RAPPORTEUR
Irene responded to the Special Rapporteur’s presentation by saying that she was
interested to see what the Special Rapporteur’s report on detention centres stated
especially with regard to the United States.
She informed the participants about the Special Rapporteur’s role which was to
visit detention centres, NGOs and certain organizations. Irene elaborated that the

Special Rapporteur is in a position to create an impact with regards to the issue of
migration. For example, she attended the WCAR in Durban last year and this year
she would be attending the Regional Summit on Foreign Migrant Domestic Workers
this August. The Special Rapporteur would be attending the regional summit
therefore we need to use the Summit to ensure that her report talked about the
problems facing migrant workers in Asia. She stated that the role of the UN Special
Rapporteur on Human Rights of Migrants to bring about awareness and recognition
on the human rights of migrant workers should be used effectively at the summit.
She stated that meetings between government officials and the Special Rapporteur
should be arranged to promote dialogues on the need to protect the human rights
of migrant workers.
Irene continued her comments by saying that the Annual Consultation with the UN
Special Rapporteur on Human Rights of Migrants should be utilized to provide her
with information on the issues facing migrant workers to be included in her report
on Asia. She explained that without information from us, she would not be able to
prepare a good report on Asia.
Irene’s touched upon the need to look at the open space of “the families” after 20
years of active migration as they were forgotten in the race to protect migrant
workers rights.
Following the response to the Special Rapporteur’s presentation was workshop 3
on developing an effective monitoring system with the UN Special Rapporteur on
Human Rights of Migrants.

DEVELOPING AN EFFECTIVE MONITORING
SYSTEM WITH THE OFFICE OF THE
SPECIAL RAPPORTEUR ON HUMAN RIGHTS
OF MIGRANTS
Issues Discussed
1. What are the issue and realities that we would like to highlight and bring to the
attention of the Special Rapporteur’s report?
2. How do we develop a monitoring mechanisms for Asia with regards to the
Special Rapporteur?
3. What is the capacity building that is necessary to undertake this?
4. iv) What is the networking and follow-up necessary?
Nazar said that 90% of the population in the Middle East was made up of migrant
workers.
Nana asked whether the NGOs were thinking about providing the Special
Rapporteur with a special fund to make visits. She posed a question whether she
would be making reports on a thematic basis.
The Special Rapporteur responded to Nana’s question by saying that she would
be making thematic reports. She requested information on the management of
migrants in the form of data and papers to document the criminalization of migrant
workers.
Irene stated that CARAM Asia needed to develop a concept paper to give the
Special Rapporteur a sense of the issues on migration that needs to be addressed.
The Special Rapporteur stated that sending countries did not have standard
agreements and laws with regard to the sending of migrant workers to receiving
countries. She stated that the United States did not agree with the law because it
contradicted their internal law. The EU only has a universal law.
Zia mentioned that there was very little Asian representation in the UN as not
many Asians were working in the UN. He stated that in the future, migrant workers
sent overseas would be predominantly Asian. He felt that if more Asians worked in
the UN there would be better representation on the Asian issues of migration. He
concluded his comments by stating that he was interested to know what the Office
of the UN Special Rapporteur and Nazar’s office could do to help the issues of
migration and migrant workers.

Nazar stated it was important to know the difference between “migrant” and
“migration”. He expressed his thanks to CARAM Asia for organizing the consultation.
Nazar spoke about CARAM Asia and its achievements. The first jump was in
February 2001 in establishing a relationship with the UN and the Arab Organization
for Human Rights in the Middle East. The second jump was in May 2001, when
AOHR met with CARAM Asia in Chiangmai for the preparatory meeting on the
regional summit. He informed the participants that Bahrain’s population was 1
million and 750,000 of them were foreigners. He stated that he worked for the
Arab Organization for Human Rights that represented the Middle East and that he
was based at the AOHR office in Geneva.
Fr. Peter suggested that CARAM could take the lead in structuring the format of
the document on human rights violations of migrant workers as well as setting a
deadline for reports from different NGOs to be sent to CARAM and directly to the
Special Rapporteur that it would be helpful.
Usa shared the same views as Fr. Peter but she wanted to point out that so many
businesses were opening for business overseas and she wondered how it would
affect the issue of migrant workers rights.
Harun stated that he would like to suggest that the Special Rapporteur could write
a letter to the Bangladesh government in relation to addressing the issue of the
treatment of Bangladeshi migrant workers working overseas.
Hae Woo Yang stated that she learned from this conference the importance of
monitoring and documentation of migrant workers. Kim also reiterated the points
that Hae Woo made and clarified her ideas for the participants. He talked about
the 10 years of migrant workers’ presence in Korea and of the regime started by
students to bring out this issue to the government. Kim stated that the Korean
students refused to stand down despite having to face tear gas, being arrested
and put in jail.
Irene informed the participants that the reporting timeframe was by June, therefore
the cutoff point by which the NGOs must send their report to the Special
Rapporteur’s office was October 2001 for it to be included in her report in June
2002.
CARAM would take the lead in preparing the format for the concept paper. Irene
reiterated that on 28 June, Secretary General Kofi Annan was expecting a report
from the Special Rapporteur and in July, the Special Rapporteur would be presenting
her report to the UN General Assembly.
The Special Rapporteur requested an agreement from CARAM to indicate that
CARAM agreed to work with her and lobby for the rights of migrant workers. She
requested from CARAM one paragraph on the importance of the organization and

the issues related to migrant workers and migration for inclusion in her report to
the UN. The Special Rapporteur mentioned that there would be a UN meeting in
December.
Closing
The consultation ended after the session on developing an effective monitoring
system with the Office of the Special Rapporteur on Human Rights of Migrants.
Irene presented the Special Rapporteur with a token of appreciation from CARAM
Asia and for giving the NGOs an opportunity to enlighten her on the issues of
migrant workers in Asia.
A group photo was taken to commemorate and record the consultation.

CONCLUSIONS OF THE ANNUAL
CONSULTATION WITH THE UN SPECIAL
RAPPORTEUR ON HUMAN RIGHTS OF
MIGRANTS
The main conclusions of the various sessions and discussions are grouped together
for purposes of summary:
RECEIVING & SENDING COUNTRY FACTORS:
Migrant workers were not perceived as assets and were often exploited. The risk
for the worker is in each of the stages of migration: Prior to leaving, on arrival and
during preparation for return and on return (Pre departure, Post arrival and
Reintegration).
Special risks were encountered by women and children. Trafficking in women was
quite prevalent. Visits to women in detention centres may uncover such exploitation.
Besides economic exploitation such as working without contracts, and withholding
of salary, migrants were seen to be exposed to health risks by nature of their jobs
(hazardous jobs, long hours, unhealthy conditions etc).
Access to medical care was also limited or totally unavailable (without legal job
status and insurance). Migrant workers lacked financial resources. Therefore they
were unable to seek medical care, and only went to the hospital when they were
seriously ill.
Serious illnesses like AIDS/HIV have even more serious threats of deportation
and loss of livelihood.
A number of forces converge in the violation of the rights of the migrant worker.
The factors are commercial/employer interest, governmental regulations,
indifference or neglect to human rights issues, undervaluing migrant workers and
a slow or apathetic bureaucracy (including the police and law enforcement agencies,
labor, human resources departments and even the courts). A lack of inter country
agreements (MOU) was seen as major contributor to this situation.
DOCUMENTATION & DATA ON VIOLATIONS:
The problems of Asian migrant workers are not so visible or evident globally. For
the UN Special Rapporteur on Human Rights of Migrants work and mandate to be
effective,e sound information and current data is needed. The following are the
conclusions with regards to monitoring and documentation of violations of migrant
rights:

Documentation and reporting of problems and violations of migrant workers
was considered to be poor. Without information, violations cannot be
highlighted. The kind of monitoring and documentation necessary has to be
agreed upon so that there is some uniformity as well as ease in usage. Data,
both qualitative and quantitative, that was presented at the consultation can
be used by the UN Special Rapporteur on Human Rights of Migrants as well
as local, national and international agencies.
Thematic reporting on a topic like women would be one focus (working in
isolated and informal employment sectors), which would include sex work and
migrant domestic workers to bring up the issue of trafficking. Focus can be
given in the reporting to that kind of monitoring. Follow up and reporting at
international meetings would keep this important issue alive.
Another thematic focus discussed was on undocumented workers, arrests
and detention centres. Such data could make governments recognize the extent
of the problem and corresponding rights of undocumented workers. Such
reports will also expose the smuggling of human labor.
With regards to the space of families, it was noted that the importance of
children’s rights, rights of spouses, and rights of families-is often forgotten in
long-standing migrant labor situations. Data collection on this theme will again
bring out this hidden problem.
Other data collection categories were also discussed and identified in terms
of labor, health, violence, detention centres etc.
The role of the UN Special Rapporteur on Human Rights of Migrant Workers:
Based on the need for data, participants concluded that NGOs could support
and strengthen the mandate of the UN Special Rapporteur to examine
serious violations of human and worker rights as well as those affecting health.
Participants felt that the UN Special Rapporteur on Human Rights of Migrants
can impact on national governments through the Human Rights Commissions.
The United Nations Human Rights Commission could also serve to strengthen
the Human Rights Commissions in different countries and include migration
as an important agenda.
It was also noted that putting together and collating the information was not
enough. The whole documentation and monitoring process as well as strategies
that needed to go in tandem like advocacy, dialogue and cooperation with
different agencies was important.

Capacity building and resources were needed for this comprehensive effort of
documentation, collating information and monitoring. Resources were needed
in the coordinating agencies and even at the Office of the UN Special
Rapporteur on Human Rights of Migrants.
It was agreed that a common framework and format for case documentation
and reports was necessary as well as capacity building in documentation.
The Special Rapporteur on Human Rights of Migrants’ special role in examining
the issue of trafficking was emphasized. NGO involvement in the issue was
very critical.
The role of the UN Special Rapporteur in promoting MoUs between states
was reiterated.
CARAM Asia was requested to work on a concept paper and develop a
framework to monitor and report human rights violations of migrant workers
rights.
The final conclusion articulated and agreed by all summarizes both the concept
and feeling of the consultation:
Irene concluded by stating that,
“Our solidarity must also be strengthened and increased, our understanding, must
also grow and this will help us to protect the human rights of migrant workers.”

ANNEXURE 1
PARTICIPATION LIST
2 – 3 rd JUNE 2002, KUALA LUMPUR
NO NAME ORGANISATION COUNTRY
1. MS AEGILE TENAGANITA / CARAM- MALAYSIA
FERNANDEZ MALAYSIA
11 th Floor, Wisma Yakin
Jalan Masjid India
50100 Kuala Lumpur
Tel : 603 – 26970267
Fax : 603 – 26970273
E-mail : tenaganita@advocalist.org /
tnita@hotmail.com
2. MS TENAGANITA / CARAM- MALAYSIA
BATHMALOSHA MALAYSIA
NEE
11 th Floor, Wisma Yakin
Jalan Masjid India
50100 Kuala Lumpur
Tel : 603 – 26913681
Fax : 603 – 26970273
E-mail : tenaganita@advocalist.org /
tnita@hotmail.com
3. MS DEVELOPMENT ACTION FOR PHILLIPINES
CARMELITA WOMEN NETWORK
G. NUQUI Rm 514, Don Santiago Building
1344 Taft Avenue, Ermita 1000
Manil, Phillipines
Tel : 63-2-526-9098
Fax : 63-2-526-9101
H/P : 9195523425
E-mail : dawnphil@i-net.net
4. MR DAVID MIGRANT SERVICES CENTRE SRI LANKA
SOYSA
10, Council Lane, Dehiwala
Sri Lanka
Tel : 94-74-203-768
Fax : 94-1-713386
E-mail : migrant@sltnet.lk

NO NAME ORGANISATION COUNTRY
5. MS FLORIDA TENAGANITA / CARAM- MALAYSIA
SANDANASAMY MALAYSIA
11 th Floor, Wisma Yakin
Jalan Masjid India
50100 Kuala Lumpur
Tel : 603 – 26913681
Fax : 603 – 26970273
E-mail : tenaganita@advocalist.org /
tnita@hotmail.com
6. MS GABRIELA UNITED NATIONS SPECIAL SWITZERLAND
RODRIGUEZ RAPPORTEUR ON THE HUMAN
PIZARRO RIGHTS OF MIGRANTS
CH-1211, Geneva 10
Tel : 41-22-917-91-50
Fax : 41-22-917-90-06
E-mail : srhrmigrants@racsa.co.cr
7. MS GLORENE TENAGANITA / CARAM- MALAYSIA
DASS
MALAYSIA
11 th Floor, Wisma Yakin
Jalan Masjid India
50100 Kuala Lumpur
Tel : 603 – 26913681
Fax : 603 – 26970273
E-mail : tenaganita@advocalist.org /
tnita@hotmail.com
8. MRS HAE WOO KOREA MIGRANT WORKERS’ KOREA
YANG
HUMAN RIGHTS CENTRE
1170-3, Kuweol-dong,
Namdong-guIncheon, Korea
Tel : 32-4288-114
Fax : 32-4288-100
H/P : 11-9024-8117
E-mail : skyhaewoo@hotmail.com
9. DR IRENE TENAGANITA / CARAM-MALAYSIA MALAYSIA
FERNANDEZ 11 th Floor, Wisma Yakin Jalan Masjid
India 50100 Kuala Lumpur
Tel : 603 – 26970267
Fax : 603 – 26970273
E-mail : tenaganita@advocalist.org /
tnita@hotmail.com

NO NAME ORGANISATION COUNTRY
10. MS KAMALA KOMISI NASIONAL ANTI INDONESIA
CHANDRAKIRANA KEKERASAN TERHADAP
PEREMPUAN (KOMNAS)
Jalan Latuharhari 4B,
Jakarta 10310 Indonesia
Tel : 62-21-390-3963
Fax : 62-21-390-3922
E-mail : komnaspr@indo.net.id
11. DR KANG SEREI CARAM CAMBODIA CAMBODIA
#193AEo, St 63, Boeung Keng
Kang 1 Chamcarmon,
Phnom Penh, P O Box 2625,
P.P III, Cambodia
Tel : 855-23-218065
E-mail : caram.cam@bigpond.com.kh
12. MS LEE SHOOK WOMEN’S AID ORGANISATION MALAYSIA
FONG
P O Box 493, Jalan Sultan
46760 Kuala Lumpur
Tel : 603 - 79563488
Fax : 603 - 79563237
E-mail : wao@po.jaring.my
13. MRS LE THI MOBILITY RESEARCH AND VIETNAM
HANH
SUPPORT CENTRE
132/65, To Hien Thanh
Quan 10, TP. Ho Chin Minh
Vietnam
DT : 84-8-862-9670
Fax : 84-8-970-0590
E-mail : caramvn@hcm.vnn.vn
14. MS MALU S. ACTION FOR HEALTH PHILLIPINES
MARIN
INITIATIVES INC
P O Box 3026 CPO
Quezon City 1170
Phillipines
Tel / Fax:63-2-435-2019
Tel : 63-2-434-0602
E-mail : achieve@pacific.net.ph
achieve_caram@yahoo.com

NO NAME ORGANISATION COUNTRY
15. MS MARIA INTERNATIONAL CATHOLIC BANGKOK
LOURDES MIGRATION COMMISSION
SUPLIDO 122-122/1, 4 th Floor, Soi
Naksuwan, Nonsi Road,
Chongnonsi, Yannawa
Bangkok 10120, Thailand
Tel : 662-681-3856
Fax : 662-681-3857
H/P : 661-906-8620
E-mail : icmc@ksc.th.com
16. MS MASLINA TENAGANITA / CARAM- MALAYSIA
MALAYSIA
11 th Floor, Wisma Yakin
Jalan Masjid India
50100 Kuala Lumpur
Tel : 603 – 26913681
Fax : 603 – 26970273
E-mail : tenaganita@advocalist.org /
tnita@hotmail.com
17. MS MEERA WOMEN’S AID ORGANISATION MALAYSIA
SAMANTHER P O Box 493, Jalan Sultan
46760 Kuala Lumpur
Tel : 603 - 79563488
Fax : 603 - 79563237
E-mail : wao@po.jaring.my
18. MR NAZAR ARAB ORGANIZATION FOR GENEVA
MAHMOUD HUMAN RIGHTS
Muldenweg 4.3075
Rufenachr, Switzerland, Geneva
Tel : 41-79-7535480
Fax : 41-31-8399889
E-mail : nazar@smile.ch
19. MS PANDE SOLIDARITAS PEREMPUAN INDONESIA
KETUT
Kompleks Kalibata Baru
TRIMAYUMI Jalan Rajawali Timur X, Blok B,
No 6Jakarta Selatan,
12750 Indonesia
Tel/Fax: 62-21-7971849
E-mail : soliper@centrin.net.id
pande32@yahoo.com

NO NAME ORGANISATION COUNTRY
20. MR PAUL PEACE TRUST INDIA
BASKAR Near Police Housing Colony
Trichy Road, Dindigul – 624005
Tamil Naidu, India
Tel : 91-451-410021
Fax : 91-451-410372
E-mail : peacetrust@vsnl.com
21. FR PETER HOPE WORKERS’ CENTRE TAIWAN
NGUYEN VAN 3Fl, No 65, Chang-chiang Road
HUNG
Chung-li City (320)Taiwan
Tel : 886-3-425-5416
Fax : 886-3-427-1092
H/P : 922-641-743
E-mail : nhung@ms17.hinet.net
22. MS PRANOM MIGRANT ASSISTANCE PROGRAM THAILAND
SOMWONG P O Box 7, Chieng Mai University
Post OfficeChieng Mai, Thailand
Tel / Fax:66-53-811202
H/P : 00-66-53-1885-5157
E-mail : mapnet@cm.ksc.co.th
23. MR SAKIUL SHIKKA SHASTHA UNNAYAN BANGLADESH
MILLAT KARYAKRAM (SHISUK)7/1, Block A,
MORSHED Lalmatia, Dhaka-1207, Bangladesh
Tel : 880-2-9126235
Fax : 880-2-8118393
E-mail : shisuk@bangla.net
24. MS SHARUNA CARAM ASIA, 8 th Floor, MALAYSIA
VERGHIS Wisma M L S31, Jalan Tuanku
Abdul Rahman 50100 Kuala Lumpur
Tel : 603 – 26970708 / 0219
Fax : 603 – 26970282
E-mail : caramasia@hotmail.com
25. MR TAE KYUM KOREA MIGRANT WORKERS’ KOREA
KIM
HUMAN RIGHTS CENTRE1170-3,
Kuweol-dong, NamdongguIncheon,
Korea
Tel : 32-4288-114
Fax : 32-4288-100
H/P : 11-9024-8117
E-mail : skyhaewoo@hotmail.com

NO NAME ORGANISATION COUNTRY
26. MS TATI Tel : 91-98-112-97585
KRISNAWATY Fax : 91-11-5062770
E-mail : tatikrisnawaty@yahoo.com
27. MS TEP MONY CARAM CAMBODIA CAMBODIA
#193AEo, St 63, Boeung Keng Kang 1
Chamcarmon, Phnom Penh,
P O Box 2625, P.P III, Cambodia
Tel : 855-23-218065
E-mail : caram.cam@bigpond.com.kh
28. MS USA
LERDSRISUNTAD FOUNDATION FOR WOMEN BANGKOK
295, Charansanitwongse soi 62
Bangkoknoi, Bangkok 10700
Tel : 66-2-433-5149, 66-2-435-1246
Fax : 66-2-434-6774
E-mail : ffw@mozart.inet.co.th
29. MS VANI DULAKI ASIA PACIFIC FORUM ON THAILAND
WOMEN, LAW AND DEVELOPMENT
3 rd Floor, Room 305 – 30811
Sermsuk Road, Soi Mengrairasmi
Chiangmai, 50300, Thailand
Tel : 66-53-404-613 / 404-614
Fax : 66-53-404-615
E-mail : vani@apwld.org
30. MR WAHYU Consortium for Indonesian INDONESIA
SUSILO
Migrant Workers Advocacy
Jalan Kendondong 1, No 31
Rawamangun Jakarta 13220,
Indonesia
Tel : 62-21-470-6377
Fax : 62-21-471-1805
E-mail : seknas.kopbumi@lycos.com
31. MR ZIA AHMED LAWYERS FOR HUMAN PAKISTAN
AWAN
RIGHTS & LEGAL AID
D-1, Court View Apartments
Opp. Sindh Assembly Building,
Court Road Karachi, 74200, Pakistan
Tel : 92-21-5685824 / 5219902
Fax : 92-21-5685938
H/P : 111-911-922
E-mail : lhrla@fascom.com