Quantitative restrictions and other regulations
4. policy iMplicAtions
To date, ASEAN efforts to address migration and integration issues have been limited to MRAs for skilled labour and professionals. Neither low and unskilled labour migration nor undocumented migration issues have been addressed by regional efforts. Globally, the most liberal provisions for labour migration are found in the EU and in the Common Economic Relations (CER) agreement between Australia and New Zealand (Neilson, cited in Bhatnagar, P & Manning, C 2005). These regional agreements grant access to the labour markets of member countries without work permits and provide mutual recognition of qualifications.
Migration and Integration
The ASEAN experience, however, shows that geographical proximity and a common history alone are insufficient for labour integration (Bhatnagar, P & Manning, C 2005).
It appears that there are at least three barriers to greater integration in ASEAN. First, as mentioned in the introduction, the economic and political diversity within ASEAN makes integration more problematic than in the EU. Second, the primary concern with value-add-ing economic growth means that regional agreements are focused on skilled and professional labour migration and exclude the integration of low and unskilled migrant workers. Hugo (2005b) points out that most net labour receiving countries in Asia tend to have strong restrictions on immigration. While people with high levels of financial or human capital are courted, other migrants are only allowed temporary stay and their rights are generally considerably curtailed in comparison to citizens. Common measures to ensure that low and unskilled migrants do not settle include: disallowing family to accompany or visit the worker, limiting the mobility of the worker within the country, tying the worker to a single employer, prohibiting marriage to citizens and restrictions on rights (Hugo, G 2005b: 114-5).
The third barrier to greater labour integration lies with the “ASEAN way” of doing things, that is, via a strong emphasis on consensus and non-interference with domestic policies. Theoretically, the ASEAN FA makes provision for the free movement of labour in priority sectors; however, in reality, domestic policies do not reflect the same desire for labour integration. A case in point is the nursing sector, where it is clear that domestic policies trump regional agreements and there remain many barriers to the free movement of nurses within ASEAN.
The lack of regional cooperation on the issue of labour migration integration suggests that it is not on the active agenda of ASEAN as an issue of regional importance. If a freer movement of labour is to be achieved, then the underlying challenges posed by political and economic diversity, the emphasis on value-adding economic growth and the “ASEAN way” need to be addressed. In addition, as Hugo (2005b: 115) points out, migration policy development in Asia is too frequently based on the interests of particular groups and “misun-derstanding of the nature and effects of migration”. He urges that there is a critical need for more evidence-based decision making. This calls for greater collaboration between research-ers and policy makresearch-ers with respect to the development of migration policy.
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