Co-organised by the Asean Parliamentarians for Human Rights (APHR) and Migrant Forum Asia, the event discussed the drawing up of a comprehensive and standardised framework to combat forced labour, modern slavery and human trafficking in the region.
Santiago, the APHR co-chair, said the varying interpretations currently in use within Asean have weakened efforts to eliminate modern slavery and created inconsistencies in enforcement.
A unified approach is essential to standardise definitions and practices in the region, he said.
Santiago said one of the proposals being considered was the introduction of the Employer Pay Principle (EPP), which will see employers bear all recruitment costs to prevent foreign workers from falling into debt.
He said implementation of the EPP would send a strong signal about Asean’s commitment to upholding the International Labour Organization’s Forced Labour Convention and its 2014 protocol.
Santiago said this would enhance Asean’s reputation as a responsible global supply chain player and demonstrate a shared commitment to ethical labour standards.
Stakeholders at the conference, titled the Working Seminar on Malaysia’s Leadership in Advancing Forced Labour Elimination in Asean, also proposed a legally binding migration agreement between the source countries of workers and their hosts, he said.
According to Santiago, this aspect of foreign labour recruitment and management is presently only governed by a memorandum of understanding, which was nothing more than a “loose arrangement” since its provisions do not have the force of law.
The stakeholders, he said, also want recruitment agents to be subjected to more stringent regulations as some are known to have played a major role in facilitating forced labour and the abuse of foreign workers.
“We want to stop them,” he said.
Santiago said once agreed upon, the framework will be forwarded to the Malaysian government for adoption and made legally binding, marking a “significant step towards eliminating forced labour”.
Although existing trade agreements already contain similar stipulations, they have not been effective in combating the menace, he said.
Santiago hopes Malaysia – which is no stranger to accusations of having subjected migrant workers to forced labour – will take the lead in the matter, with the nation poised to chair the grouping next year.
“This initiative is not just a moral imperative but also a significant economic opportunity for the region. By addressing the issue of forced labour, Malaysia can set a precedent that enhances human rights and economic stability across Asean.”
He said existing rules put in place by foreign countries, such as Withhold Release Orders (WROs) issued by the US Customs and Border Protection, already bar access to products from countries accused of practising forced labour, giving rise to “huge economic repercussions”.
“If you violate these regulations, your products will not have any access to a prospective market, and the victim will be the local economy,” he said.
In recent years, prominent Malaysian exporters, including palm oil producer Sime Darby Plantation Bhd and glove maker Top Glove were hit with WROs which were later lifted.
In 2022, the Malaysian Rubber Gloves Manufacturers Association claimed that the industry had suffered an estimated cumulative loss of RM3.6 billion due to the imposition of WROs.