[Report] Migrant Workers’ Access to Justice at Home: Nepal

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[Report] Migrant Workers’ Access to Justice at Home: Nepal

migrant-workers-access-justice-home-nepal-featured-20140610Open Society Foundations launched a study in Kathmandu with the Centre for Labour and Mobility entitled Migrant Workers’ Access to Justice at Home: Nepal. This is the second in a series of studies OSF commissioned on accountability in recruitment and access to legal remedies for migrant workers in their home countries.

Read more here

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Case review of human rights violations in Qatar

Pen-and-NotebookThe Special Rapporteur on the human rights of migrants conducted an 8-day country visit (Nov. 3-10, 2013) to the state of Qatar upon the government’s invitation.  As part of the Special Rapporteur’s mandate, Mr. François Crépeau was invited to examine the state of protection for migrant workers in Qatar.  Upon the end of the country visit, the Special Rapporteur submits a report to the United Nations Human Rights Council to highlight the situation of migrants, as well as provide conclusions and recommendations for the Qatari government.  To assist in the preparation of the Special Rapporteur’s country visit, Migrant Forum in Asia (MFA) prepared a qualitative analysis, including a case review on human rights violations of migrant workers in Qatar.

Case submissions by the MFA network were used in the analysis, with particular attention to the two largest groups of expat workers, Indians and Nepalis.  The analysis provided insight on the most common themes of human rights violations; including non-payment of wages, sponsor’s restrictive control of migrant’s mobility, detention of migrants, extremely hazardous working conditions resulting in serious injury or death, and unfair compensation.  Additionally, recommendations for legal redress of human rights violations were presented and comprised of the ratification and/or implementation of national laws, as well as key UN and ILO international instruments.

For recent press releases and statements related to the Special Rapporteur’s country visit to Qatar, click here.

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Frequently Asked Questions on Labour Law and Redress Mechanisms

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.