Many countries have adopted restrictive policies on migration, but this often denies migrants the same level of protection afforded to nationals. In Thailand alone, there is an estimated 1 million undocumented workers, most of whom are low or unskilled laborers. In the absence of adequate government oversight and effective grievance systems, they are easily abused and exploited by unscrupulous employers and recruitment agencies.

Because migration is a transnational phenomenon, its regulation and the protection of migrants rely on cooperation and coordination at the international, regional, sub-regional and bilateral levels. Governments must ensure that all their laws, policies and practices are consistent with international human rights laws and standards, including the conventions of the International Labor Organization (ILO).

There are many dialogue fora and intergovernmental processes to protect migrants' rights at various levels, but these are alphabet soups that risk irrelevance and may become ritualistic talk shops -- a criticism that has especially been leveled at ASEAN. ASEAN countries need to move from words to action. The adoption of the ASEAN Charter is a step in the right direction, as it moves ASEAN closer to becoming a rules-based organization. In 2007, ASEAN also adopted the Declaration on the Protection and Promotion of the Rights of Migrant Workers. Subsequently a committee was formed to, among other things, draft an Instrument on the Protection and Promotion of the Rights of Migrant Workers.

In order for such a migrants' rights convention to be effective, it must lay down the minimum obligations of both labor-sending and labor-receiving states.

Labor-receiving countries should eliminate discriminatory policies and afford equal treatment to migrant workers. Laws on minimum wages, work safety, adequate healthcare, contract standards, and protection and grievances mechanisms must also cover and benefit migrant workers. Moreover, governments should ensure proper oversight to ensure these laws are implemented and that migrant workers whose rights are violated have access to justice.

Labor-sending countries should help their nationals prepare for employment abroad through training programs and legal awareness activities. These states must prepare their embassies and consulates  in labor-receiving countries to assist nationals whose rights are violated. Governments must strengthen the regulation of recruitment agencies as well as adequate complaint systems in order to prevent unlawful activities and abuses.

At the sub-regional level, ASEAN should play a meaningful role in coordinating protection activities and ensuring that regional human rights standards do not go below international standards. In addition, the recently-established human rights entities within ASEAN must overcome their weak initial mandate and over time develop stronger protection tools, including the ability to receive, examine, and investigate complaints about abuses.

Shiwei Ye is an activist based in Thailand.