VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES MAI MAI THESIS FOR THE MASTER DEGREE IN INTERNATIONAL RELATIONS Hanoi - 2020 VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES MAI MAI Thesis for the Master Degree in International Relations Number: 8310601.01 Academic Supervisor: Prof. Pham Quang Minh Hanoi-2020 STATUTORY DECLARATION I herewith declare that the thesis has been written on my own without any external unauthorized help, that it has been neither presented to any institution for evaluation nor previously published in its entirety. Any parts, words or ideas, of the thesis, including tables, graphs, and so forth, which are quoted from or based on other sources have been acknowledged as such without exception. I am aware that the violation of this regulation will lead to failure of the thesis.
I agree that a copy of this thesis may be made available in the Library of the Faculty of International Studies, VNU University of Social Sciences and Humanities, Hanoi (VNU-USSH, Hanoi). I agree that the abstract of this thesis may be placed on the website of the VNU-USSH, Hanoi. Date: Signature: Full name: Mai Mai ACKNOWLEDGEMENTS First and foremost, I would like to express my sincere gratitude to my academic supervisor, Prof. Pham Quang Minh, for the continuous support of my Master study and research, for his patience, motivation, enthusiasm, and immense knowledge.
His guidance helped me in all the time of research and writing of this thesis. I could not have imagined having a better advisor and mentor for my Master study. My heartfelt thanks also goes to all of the lecturers and staff of the Faculty of International Studies, VNU University of Social Sciences and Humanities, Hanoi (VNU-USSH, Hanoi) for their encouragement, insightful comments and positive atmosphere to do science. What is more, this thesis could not be done without the great support and understanding of my colleagues, those working at VNU-USSH, Hanoi, especially the members of the International Cooperation Office.
Most importantly, none of this could have happened without my family and friends, whose value to me only grows with age, bless me with a life of joy in the hours when the lights were off. Date: Signature: Full name: Mai Mai TABLE OF CONTENTS ABBREVIATIONS AND ACRONYMS.Ặ LH HH Hi, 2 INTRODUCTION.- LH HH HH HH HH HH HH Hệ 4 CHAPTER 1. CONCEPTUAL AND PRACTICAL BACKGROUND.-- -- -- + tt ng nh ng Hà HH 14 1. LQDOr Migration COHC|ĐF.
Conceptual framework of cooperation on labor migrdfiOH. Overview of labor migration in ASEAN regiOII. ASEAN’s cooperation on labor migration before 2007 and Incentives for cooperation from 2007 tO 2020 .- 55 <1 nkerekee 26 CHAPTER SUMMARYY. LH HH HH HH ng HH ng 36 CHAPTER 2.
REALITY OF ASEAN?S COOPERATION ON LABOR MIGRATION 0. Actual situation of the cooperation from 2007 to 2020.c- SG TT Hệ 45 2. SIN ZAPOVE veecccsscccessccesscessecenseseseseneessnecsseeceseeseaeeesaecesceceaeeseaeesseeensneseaeensas 52 2.eccccccssccssccsrerscceseceetsceesccssecesecscesecssecesescesseesseceaesseeseeeseseaeeanenas 58 CHAPTER SUMMARY. Án HH HH HH HT Tnhh 62 CHAPTER 3.
ASSESSMENT AND FUTURE OF ASEAN’S COOPERATION ON LABOR MIGRA TION.- HH HH HH HH ng nh nh 64 3. Achievements and Limitations. Challenges and DpOTtUTIẨIGS.- G1 1119919 HH ng key 70 3. Prospects and Recommendations .- -- - + + + + *+xE+vkEseeeeesserseeeee 74 CHAPTER SUMMARY.-- Án HH HH HH TT nành 77 CONCLUSION.
LH HH HH HH HH HH HH nhà 79 49. 82 ABBREVIATIONS AND ACRONYMS AAC The ASEAN Architect Council ACCSTP ASEAN Common Competency Standards for Tourism Professionals ACE ASEAN Confederation of Employers ACT/EMP The Bureau for Employers’ Activities ACTIP ASEAN Convention Against Trafficking in Persons, Especially Women and Children ASEAN Committee on the Implementation of the ASEAN ACMW Declaration on the Protection and Promotion of the Rights of Migrant Workers AEC The ASEAN Economic Community AFML The ASEAN Forum on Migrant Labour ALM ASEAN Labor Minister AMS ASEAN member states APSC The ASEAN Political-Security Community ASCC The ASEAN Socio-Cultural Community ASEAN Association of Southeast Asian Nations ATUC ASEAN Trade Union Council BSP The Bangko Sentralng Pilipinas CSOs Civil Society Organizations CSR Corporate Social Responsibility EMN European Migration Network E-READI The Enhanced Regional EU-ASEAN Dialogue Instrument EU The European Union GATS GENERAL AGREEMENT ON TRADE IN SERVICES GCIM The Global Commission on International Migration ILO International Labour Organization IOM The International Organization for Migration MoLISA The Ministry of Labour, Invalids, and Social Affairs MOU Memorandums of Understanding MRAs Mutual Recognition Agreements NGO Non-governmental organization OECD Economic Co-Operation and Development OEDB The Overseas Employment Development Board OFW Overseas Filipino Worker OWWA Overseas Workers Welfare Administration PDOS Pre-departure orientation seminars POEA The Philippine Overseas Employment Administration RFA Registered Foreign Architect SLOM The Senior Labour Officials Meeting TFAMW Task Force on ASEAN Migrant Workers UN The United Nations WTO The World Trade Organization INTRODUCTION 1. Rationale Migration, especially labor migration, plays a salient role in international relations. In Southeast Asia, the story of stateless Rohingyas fleeing Myanmar by sea to some other ASEAN countries like Malaysia, Thailand, Indonesia because eruption of ethnic and sectarian violence has created a lot of problems to these countries in answering whether or not they can stay and work legally there.
For ASEAN, there is a growing debate on how the “ASEAN way” has become a drawback to the association’s capability to respond to human rights issues like this. Some relevant topics on promoting workers’ rights or preventing human trafficking. were discussed, but they cannot be solved overnight. The number of people in ASEAN’s member countries who have traveled within the area to work in another ASEAN country is not as high as migration movements elsewhere globally, however, it has skyrocketed in the past twenty years to seven million, including those who are undocumented.
At the 2003 ASEAN Summit in Bali, ASEAN leaders agreed to establish an ASEAN Community, resting on three pillars: ASEAN Political-Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community. It has brought on the need of realizing the contributions of migrant workers to the society and economy of both hosting and sending countries of ASEAN, also, the sovereignty of states in determining their own migration policy relating to migrant workers, including determining entry into their territory and under which conditions migrant workers may remain. Thus, the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers was introduced in 2007, marking a groundbreaking milestone of the ASEAN’s cooperation on labor migration, since before that time, there was not too much emphasis on the labor migration issues in ASEAN. Throughout the years, ASEAN has considered labor movement mainly as an expansion of free trade and investment — more particularly via the development of services exchange.
The Bali Concord II in 2003 require completion of Mutual Recognition Agreements (MRAs) for abilities in major specialized services by 2008 to make room for free flow of professionals and skilled labor within ASEAN. It was decided to take up a sectoral approach in promoting communal recognition arrangements for the identified professional services in ASEAN. On the basis of the mentioned agreement, MRAs and Framework Agreements have been signed, but before 2007, there were only two signed MRAs, namely MRA on Engineering Services (2005) and MRA on Nursing Services (2006). Six other MRAs and Frameworks were signed in the period from 2007 to 2014, and they focus on architectural services, surveying qualifications, accountancy services, medical practitioners, dental practitioners and tourism professionals.
The Declaration, therefore, shows a reflection of the mutual concern with social protection, a great attention of ASEAN as a whole in forming a closer connection and cooperation among ASEAN countries on labor migration, as well as demonstrates a stronger role of this ten-member association in the region. After more than ten years, some actions have been taken, progress has been shown, yet, a lot of limitations have been displayed and there are many challenges that the member states have to face, especially when the mid-term review of the implementation of the Master Plan on building ASEAN Community by 2025 is getting closer and the flow of people from one country to another endures as a concerning issue. The questions of whether or not this cooperation has brought success to the member states, peace and better lives for the citizens remained unanswered. Regarding Vietnam, the ASEAN Chair for 2020, a big challenge for this country remains human resources quality.
According to a World Bank ranking of quality of human resources, Vietnam is 11th out of 12 Asian countries with 3.79 points out of 10. An investigation by the Ministry of Planning & Investment shows that in Vietnam, up to 55.63 percent of small and medium-sized business owners have intermediate or lower education level, of which 43.3 percent of business owners only finish primary and secondary school [International Organization for Migration, 2017]. While human resource is considered as a key element of the sustainable development of any business, up to 75 percent of the labor force in small and medium-sized enterprises hasn’t joined technical and professional training. Within the context of the mentioned MRAs and Frameworks, senior migrant workers will be committed to recognizing certificates among member countries, especially in eight areas.
In addition, high quality manpower (experts, skilled workers) must be professionally trained or have university or higher degree. It requires workers to have professional skills, knowledge and fluency in a foreign language, especially English. For professional qualifications, workers need to have a vocational certificate, or a degree that is recognized within these countries. Therefore, workers with higher qualifications in domestic businesses of each ASEAN country will have the opportunity to move to other member countries to work and vice versa.
Their salary will be higher as well as their skills and attitude will be improved. In other words, along with the increasing consumer demand in the region, level of human resources among ASEAN countries will be an important reason of labor movement between member countries. Moreover, the situation of shady activities for Vietnamese labors in particular and for ASEAN workers in general to get overseas jobs undertaken by illegal brokers, especially in rural areas, is ubiquitous. Taking the chairmanship of ASEAN in the year 2020, the query of Vietnam could take advantage of this opportunity to learn from its counterparts to show its role in guiding its nine other neighbors in dealing with the existing labor migration problems of not only Vietnam but also ASEAN receives increasing attention.
Hence, the writer hopes that through this thesis, not only the above questions can be clarified, but also some case studies and recommendations can be brought out, in order for the writer to shed some light on the topic as well as to contribute to the academia. Literature Review The topic of labor migration in ASEAN is not a new one since there have been some outstanding research done on this. In terms of understanding ASEAN’s policies, Social Security and Labor Migration in ASEAN [Gloria O. Pasadilla, 2011] is a good book for readers to know more about portability of social security in ASEAN, particularly old-age, retirement, and survivor benefits.
Besides, Assessing the Progress of ASEAN MRAs on Professional Services [Yoshifumi Fukunaga, 2015] is one of the most standout research, in which the author assessed the progress of the mutual recognition arrangements (MRAs) on eight professional services, with the focus on the regional and national implementation as well as actual movements of these professionals in the area. Shintaro Hamanaka and Sufian Jusoh also hold their attention of the MRAs with Understanding the ASEAN Way of Regional Qualification Governance: The Case of Service Mutual Recognition Agreements. Some other research are on the Southeast Asian region or include the Asia Pacific area. Other than that, almost all of the writings are for analyzing policies in some specific countries rather than ASEAN as a whole.