Legal Frameworks on Migration

The Foreign Employer Guarantee Fund (FEGF)  helps protect Filipino migrant workers and supports their repatriation. 

For Overseas Filipino Workers recruited through a government-to-government arrangement, the Administration shall, through relevant guidelines, establish and administer a Foreign Employer’s Guarantee Fund (FEGF) which shall be answerable for the Overseas Filipino Workers’ monetary claims arising from breach of contractual obligations. The same must be included in bilateral agreements on government-to-government hiring.

Indonesia has entered into bilateral agreement with several countries to improve the competences of Indonesian human resources through training programs, the development of competence standard and sharing of information related to labor market. More specifically, it has established cooperation with the Government of Japan on the placement of Indonesian health workers in Japan

The Peruvian National Migration Policy (PNM) dedicates particular importance to achieving the full reintegration of the returned migrant into the economy and society in a long-term vision. Their logo is "Migrate Safely - Safely Return", to make visible the virtuous circle that migration should be.

With regards to Refugees access to labor market, Tanzania has enacted an Act called “The Non Citizen Employment Act and Regulation No1 of 2015”.

There is a provision for the Director of Refugee Services Department, to issue a "Work Permit" and on gratis, to any qualified refugee who secure employment in Tanzania. Currently regulations to this Act are being completed to be able to guide its operation.

In the end of 2016, the Government of Indonesia has enacted the Presidential Decree No. 125 to be an operational guideline in the handling of refugees, especially during emergencies. 

It provides greater clarity regarding the status of an estimated 14,000 asylum seekers and refugees currently residing in Indonesia as they hope to be resettled elsewhere.

Referring to its two pledges/commitment during the New York Leaders Summit, Tanzania is reviewing its 2003 refugee policy so as to abide with international requirements, like having provisions for inclusion and self reliance, and two, to provide access to local employment for qualified refugees into the local labor market.

Tanzania have also amended the Immigration Act 2015, as well as Immigration Regulations 2016 all under CAP 54, to give preferential treatment to East African Citizen, with reduced fees and entry qualifications.

Migration is one of the defining features of the 21st century and significantly contributes to economic and social development everywhere. As such, migration will be key to achieving the Sustainable Development Goals (SDGs).

The recommendation contains provisions with regard to the maintenance of rights in social security. It supplements the Equality of Treatment Convention No.118 (1962) and the Maintenance of Social Security Rights Convention No.157 (1982). 

In addition, with a view to facilitating the conclusion of the agreements envisaged by these instruments and their coordination at the international level, it expresses the necessity to promote the conclusion of bilateral or multilateral social security instruments between States.

This Recommendation supplements the Migration for Employment Convention (Revised 1949), No.97 by including provisions for migrants who are refugees and displaced persons.

The Recommendation contains guidance on, among other matters, the organization of the free service provided to assist migrants and the types of assistance that it should provide, as well as the information that  States should make available to the ILO. It provides for the regulation of intermediaries undertaking the recruitment, introduction or placing of migrants for employment.

 It calls for:

Budapest Process is a good example of cooperation between countries of two regions; Europe and Asia. A successful process, it gathers over 50 countries and more than ten international organisations. It aims to foster dialogue and share best practices in managing migration flows in order to achieve concrete and results-oriented outcomes.