Category Archives: Documents

  • November 25, 2013
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[Study] Migrant Workers’ Access to Justice at Home: Indonesia

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Migrant Workers’ Access to Justice at Home: Indonesia is the first comprehensive study of migrant workers’ access to justice in their country of origin. A collaborative effort by the Open Society International Migration Initiative, the Tifa Foundation, and the Migrant Worker Access to Justice Project, the report analyzes how migrant workers may access justice in Indonesia, and identifies the systemic barriers that prevent them from receiving redress for harms they suffer before, during, and after their work abroad.

The report also provides recommendations for improving access to justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others.

Download the full pdf of the study here (October 2013)

  • September 10, 2013
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[Publication] UNWomen publication on “Review of Laws, Policies and Regulations Governing Labour Migration in Asian and Arab States”

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UNWomen published a 2013 position paper, “Review of Laws, Policies and Regulations Governing Labour Migration in Asian and Arab States: A Gender and Rights Based Perspective”.  This publication is a reference manual of the country-specific legal protections for women migrant workers in origin (Bangladesh, Cambodia, India, Indonesia, Jordan, Lao PDR, Nepal, Philippines) and destination countries (Bahrain, Hong Kong SAR, UAE, Singapore and Thailand).  This reference manual is unique in that it examines the existing laws from a gender and rights based perspective, looking at legal measures for women migrant workers in all phases of the migration cycle.

Download UNWomen’s publication here

  • April 27, 2013
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[Policy Paper] Reforming the “Sponsorship System” for Migrant Domestic Workers: Towards an Alternative Governance Scheme in Lebanon

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Written by Dr. Kathleen Hamill (member of Lawyers Beyond Borders) for KAFA (enough) Violence & Exploitation, this policy paper analyses the “sponsorship system” (kafala) in place in Lebanon, as this system has been identified as a root cause for the vulnerability of domestic workers to all manner of exploitation, abuse, and mistreatment.

The study builds on previous research and policy proposals forwarded by KAFA and other groups, and addresses gaps in existing research. Its aim is to provide policy-makers, human rights advocates, and relevant stakeholders with a framework for a rights-based approach to recruitment and employment of migrant domestic workers, towards the development of an alternative policy.

Download the full paper prepared by Dr. Kathleen Hamill for KAFA, Lebanon (January 2012)

  • April 27, 2013
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[Study] Something is Better than Nothing: Enhancing the protection of Indian migrant workers through Bilateral Agreements and Memoranda of Understanding

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The study deals primarily with MOUs entered into by the Government of India, showing that India’s recent record has been impressive in negotiating many MOUs, and social security agreements and one labor mobility partnership. Yet, it is difficult to find much evidence that the MOUs  and agreements on labor migration have  contributed to improved protection of Indian workers in the major destinations –  the Gulf countries  and Malaysia.

However, this should not imply that India is better off without MOUs. The existence of MOUs has a political value, and they have provided a firmer foundation for the country to build upon in this regard. In this sense, an agreement or MOU is better than a situation of no agreement or MOU. The MOUs provide a broad framework but they need to be backed up by concrete initiatives in the areas of model contracts, workplace monitoring, dispute resolution mechanisms, mechanisms for access to justice, monitoring practices of recruitment agencies, and adequate labor inspection systems. While these may be harder to negotiate, they should nevertheless receive high priority if MOUs are to have operational value in protecting Indian migrant workers abroad.

Download the full article prepared for MFA by Dr. Piyasiri Wickramasekara (February 2012)

  • April 27, 2013
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Frequently Asked Questions on Labour Law and Redress Mechanisms

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During the fist meeting of Lawyers Beyond Borders in Bangkok, the group drew up a series of frequently asked questions that could be used to guide migrant workers, civil society advocates, and NGOs when workers require basic legal advice.

The first four questions are as follows:

1.  Are migrant workers protected by the labor law and labor regulations in your country? If so, then which provisions of the labor law are most relevant and useful to lawyers, advocates, and migrant workers? Are there any restrictions on the application of the labor law to migrant workers in your country? Explain.

2.  What is the first point of contact for purposes of litigation in criminal complaints? In labor complaints? Compare and contrast. What is the statute of limitations for filing civil, labor, or criminal complaints with the courts on behalf of migrant workers in your country? Provide details.

3.  Do various types of contracts exist for migrant workers in your country? Are migrant workers and their employers obliged to sign a standard unified contract in order to be eligible for a work permit from the Ministry of Labor? Is there a distinction between limited and unlimited contracts in your country? Explain.

4.  Where can migrant workers find legal advice and legal representation in your country? Who currently offers these services and who pays for them?

Click here to download compiled answers for the country contexts of Bahrain, Jordan, Lebanon, Nepal, Philippines, and Qatar.

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