Rights Of Migrant Workers Research Articles

Uzbekistan’s Transformation with the New Uzbek Strategy: Shifting Policies towards Mediation of Labor Migration through Migration Infrastructure

Because of the post-independence economic problems in Central Asian countries, Russia became the center of immigration, but as time passed, immigration shifted to Kazakhstan and Turkey. Uzbekistan is the most populous Central Asian country and the one that benefits the most from worker remittances. The New Uzbek Strategy, announced after Mirziyoyev's election in 2016, is transforming economy and society of the country. This paper aims to examine migration infrastructure through the New Uzbek Strategy as the way of protecting citizens abroad. It is critical to protect the rights of migrant workers in the destination countries to keep them from facing marginalization, exclusion, and poverty. Migration infrastructure is made up of regulatory, commercial, technological, humanitarian, and social elements. In this framework, the new Ministry of Labor structure, bilateral agreements, labor market regulation, allowing private recruitment companies, railway projects, development of cooperation with international organizations, and migrant networks all indicate the development of migration infrastructure components. In addition to economic liberalization, good neighborhood relations and foreign policy are important to develop migration infrastructure and institutionalization of migration. As a result, it is expected that the migration infrastructure development will increase migration, diversify of the countries and be beneficial to economic growth and transformation the country. Although these studies are still in their early stages, it has been concluded that significant steps have been taken in the infrastructure development, and the safe and regular migration will increase migration to the new destination countries in the future .

Migrant Care’s Role in Advocating the Educational Needs of Migrant Workers’ Children

Education is a fundamental human need and a right of every citizen. Indonesia is one of the origin countries for many migrant workers. There is a complex problem with migrant workers, one of which is the education of migrant workers' children. Numerous civil society organizations, including Migrant Care, advocate for the rights of migrant workers. The purpose of this study is to examine Migrant Care's role in advocating for the educational needs of children of migrant workers and to analyze the factors that support and obstruct Migrant Care's ability to perform its function. The research method is qualitative-descriptive, with data being gathered via interviews and literature review. Data analysis begins with collecting data from various sources, which is then described and validated. This study makes use of role theory, interest groups, and systems theory. The findings of this research are Migrant Care's efforts to obtain official documents for migrant workers and to lobby the government for Community Learning Centers (CLC).

The Rights of Workers, Migrant Workers and Trade Unions in the Light of the European Convention on Human Rights

The European Court of Human Rights (the Court, the ECHR) has made a significantcontribution to the protection of social rights in general and labor rights in particular. The articlefocuses on four specific areas that demonstrate the richness of case-law in this area. First of all, theauthor focuses on individual issues related to the general rights of workers, drawing attention to issuesof unfair dismissal, the right to respect for private and family life, freedom of religion and freedomof expression. Secondly, the author dwells on the protection of the rights of migrant workers underthe Convention for the Protection of Human Rights and Fundamental Freedoms. Third, the articleexamines trade union rights in the light of freedom of association. Finally, reflecting the economiclandscape of the past decade, case-law is provided to demonstrate how austerity measures can affecthuman rights and how the Court has responded to this problematic issue.Social rights, including labor rights, have received many advantages from the fact that they wereconsidered in the case-law of the Court, since its practice clarified the boundaries and limited thestate’s unlimited discretion in the management of these rights. At the same time, a certain trend hasformed. If at first the protection of workers’ rights and freedoms sharply increased, which is confirmedby some textbook cases of the ECHR, now it is impossible not to notice a regressive trend that isassociated with labor legislation, expands the discretion of governments and significantly limits theeffectiveness of the Court when considering labor rights. However, this regressive trend should notbe regarded as irreversible. The article highlights how meaningful consideration of soft law principlesallows the Court to take a progressive position that promotes labor rights and how it can continueto help protect workers’ rights.

RIGHT OF MIGRANT WORKERS TO OCCUPATIONAL HEALTH AND SAFETY UNDER MALAYSIA LAWS

The migration of people to other countries in search of employment is a common phenomenon that has occurred throughout history. While migration is a positive and empowering experience, migrant workers can be vulnerable to human rights violations. In this context, international laws have provided the international legal framework on the rights of migrant workers. Among the fundamental rights of migrant workers is the right to occupational health and safety within which a worker is expected to perform his job. This paper aims to examine the right of migrant workers to occupational health and safety in light of international standards and Malaysian laws. It adopts qualitative research of doctrinal and comparative nature. It will examine the adequacy of current laws in recognizing and protecting the rights of migrant workers to occupational safety and health with reference to the standards set by the international instruments. The paper also attempts to identify factors that contributed to the high number of occupational accidents. The paper concludes that the current Malaysian laws provide a specific legal framework that aims to protect the right of migrant workers to occupational health and safety. However, non-compliance with law requirements and lack of enforcement has contributed to the high number of occupational accidents. In conjunction with that, the paper provides recommendations towards improving the Malaysian legal framework on occupational health and safety.

LEGAL PROTECTION OF MIGRANT WORKERS AGAINST THREATS OF ABUSE DISCRIMINATION IN A DIPLOMATIC RELATIONSHIP PERSPECTIVE BETWEEN COUNTRIES

Manpower is the driving force of an activity that can determine the implementation of manpower through the available manpower, which is an integral part of national development based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Problems that occur to Indonesian migrant workers abroad occur cases, abuse and discrimination occur, such as cases of sexual harassment, cases involving convictions of migrant workers, cases of unpaid wages, to cases of unilateral termination of employment. This research uses normative juridical research methods and is legally supported by socio descriptive analysis employing primary, secondary, and tertiary data. The purpose of this research is that the placement of Indonesian workers abroad is one of the State's efforts to realize the same rights and obligations for workers to improve their standard of living. The study results show that the protection of migrant workers needs to be affirmed with certainty against the regulation of Law Number 18 of 2017. The aim is to guarantee Indonesian Migrant Workers and their families in realizing guaranteed fulfillment of their rights in all activities before working, during work, and after working in legal, economic aspects, and social. The role of state diplomacy is needed in protecting and fulfilling the rights of migrant workers because this condition involves relations between countries, as people who have no choice of provider for life, workers. Therefore the role of the State must be very spearheading in providing legal protection to migrant workers because their status is minimal. The research analysis results to realize the implementation of international and national legal instruments from Indonesia need to be optimized through diplomacy from those with interest so that protection is said to be effective and optimal.

Gender equality in labor legal relations: international legal regulation

The article analyzes international legal documents on gender equality in labor relations, their significance and role. It is noted that the issues of gender equality in employment and dismissal, the right to fair and equal pay for equal work, the creation of favorable working conditions, as well as economic and social guarantees for the successful performance of professional duties remain relevant worldwide. It is noted that extremely important norms, the priority of which is to ensure equal rights of workers, are contained in the UN conventions (on the elimination of racial discrimination, discrimination against women and protection of the rights of migrant workers and their families), ILO conventions and recommendations (on equal pay for men). and women for work of equal value and discrimination in employment and occupation), as well as in the EU directives on equal pay, equal treatment in the workplace, on the application of the principle of equal treatment to men and women engaged in individual employment and employment. activities, on the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding, in the workplace, on childcare leave, on equal treatment of women and men in social security schemes in the workplace).It is concluded that international labor regulation and the development of international standards to ensure equal rights of workers today is one of the priorities of the world community. Defining, consolidating and implementing international uniform and universally binding standards for the equality of employees is an important step towards creating an effective and civilized tool to protect the world’s population and ensure the living conditions of socially secure workers and their families. As the examples of international organizations and the documents adopted by them show, achieving gender equality is one of the key universally recognized priorities in human development. It is international law that makes it possible to understand the essence, content, structure and importance of gender equality as a key component of human rights, the conditions for sustainable development, peace and security on the planet.

The migration ban policy cycle: a comparative analysis of restrictions on the emigration of women domestic workers

Policies banning women domestic workers from migrating overseas have long been imposed by labour-sending states in the Indo-Pacific region. This article presents the complexities surrounding such bans by developing an overarching model of a migration ban policy cycle, which provides a theoretical framework for understanding the circumstances under which migration bans arise and play out. It examines the history of migration bans for four prominent labour-sending states – Indonesia, Nepal, the Philippines and Sri Lanka - to assess the causes, outcomes and extent of regional convergence of these policies. In doing so, we uncover two prominent policy narratives. The first involves labour diplomacy, where countries employ bans to negotiate superior working conditions and rights for migrant workers. The second concerns paternalist states as ‘protector’, where states are primarily motivated to reaffirm traditional gender norms. We conclude that migration bans have been most effective, both in curbing departures and achieving desired outcomes, when they are primarily motivated by labour issues and not gender politics. Nevertheless, even when used as a form of diplomatic negotiation, migration bans heighten the vulnerability of domestic workers to exploitation by pushing them into irregular pathways fraught with risk.

Legal Regulation of Migration Processes in The Context of Eurasian Integration and The Covid-19 Pandemic

The relevance of the research topic is due to the fact that the creation of the Eurasian Economic Union (hereinafter – the EAEU) was aimed at increasing the economic competitiveness of the countries that joined this international association, which, in turn, should improve the living standards of the population of the member states. The active development of integrationprocesses in these countries required making appropriate changes to national legislation in order to form a homogeneous legal field and enrich their domestic law with international experience in legal regulation, including the regulation of migration processes, since integration is always accompanied by migration processes. The purpose of this article is to study and analyze the problems of legal regulation of migration processes taking place in the EAEU countries. The article deals with the problems of legal regulation of migration processes in the Eurasian Economic Union (EAEU). The article analyzes the normative provisions of the Treaty on the EAEU that regulate migration processes on the territory of the EAEU, serve as a legal basis for solving issues of labor migration, and increase the labor status of migrants-citizens of the states that are members of the Eurasian Economic Union. It is emphasized, that the provisions of the Treaty on the EAEU establish the status of migrant citizens from the EAEU countries temporarily working on the territory of one of the member states, regulate their relations with the employer and establish at the legislative level equal rights of migrant workers with citizens of the recipient country, including the social sphere, with the exception of pension provision. Some advantages are established for migrants from the EAEU member states: it is provided not only to protect the interests of the states, but also the rights and freedoms of migrant workers and members of their families who arrived from the EAEU member States, to create favorable conditions for their life in the country that accepted them, including for performing work activities, contributing to successful integration into the social system of the country. Attention is focused on the problems associated with the implementation of the provisions of the Treaty on the EAEU, due to the significant differences between the partner states related to the level and models of economic development. It is noted that in the scientific legal literature and legislation of the EAEU countries, there are different approaches to the interpretation of the concept of “population migration”, representatives of which take as a basis certain signs of this complex socio-economic phenomenon, considering it from different sides. It is concluded that it is necessary to develop a unified approach to the legal regulation of migration processes on the territory of the EAEU and the formation of a common labor market. Proposals aimed at improving migration legislation were made: to unify the acquired social and legal status of migrants in the receiving country; to systematize and harmonize the migration legislation of the EAEU member states; to coordinate with the EAEU partners the government decisions taken in the fight against the COVID-19 coronavirus infection affecting migration processes, and others. A proposal was put forward on the need to develop and adopt a codified normative act – the Migration Code of the EAEU, which, according to the author, would eliminate the existing contradictions between the provisions on migration in the Treaty on the EAEU and the national migration legislation of the member states; unify the system of migration legislation within the framework of an integration international association, bringing it into line with international law.

Low-wage migrant workers during coronavirus disease 2019: a social determinants analysis.

The severe acute respiratory syndrome coronavirus 2 pandemic has had disproportionate effects on economically and socially marginalized people. We explore the effects on low-wage migrant workers (migrant workers) in three countries: Singapore, South Korea and Brazil, through the lens of the social determinants of health. Our analysis shows that governments missed key opportunities to mitigate pandemic risks for migrant workers. Government measures demonstrate potential for effective and sustainable policy reform, including universal and equitable access to healthcare, social safety nets and labour rights for migrant workers—key concerns of the Global Compact for Migration. A whole-of-society and a whole-of-government approach with Health in All Policies, and migrant worker frameworks developed by the World Health Organization could be instrumental. The current situation indicates a need to frame public health crisis responses and policies in ways that recognize social determinants as fundamental to health.

Jaringan Advokasi Transnasional (GAATW) dalam Penyelesaian Isu Migrasi Pekerja Perempuan dan Perdagangan Manusia di Asia Tenggara

Southeast Asia is one of the regions that has a fairly high rate of labor migration, both as a contributor and a recipient country. However, this is not equated with strict regulations and laws. Violations of the rights of migrant workers are common in several countries. Unfortunately, ASEAN as a regional regional organization has not been able to provide targeted advocacy. The Transnational Advocacy Network (TAN) is here to provide recommendations and advocacy to migrant workers across countries. In this article, the transnational advocacy network that will be studied further is the Global Alliance Against Trafficking in Women (GAATW) which has been actively advocating and providing policy recommendations to five countries in Southeast Asia, namely Indonesia, Singapore, Cambodia, the Philippines, and Thailand. The research method used in this study is a qualitative method using secondary data. In this study, we can see how GAATW cooperates with several migrant worker unions in these countries, either by conducting research, advocating for victims, or by publishing publications aimed at the public and the government.

‘No longer exiled, but protagonists’. The FILEF (Italian Federation of Migrant Workers and Families) and European human rights discourse in the 1970s

This article examines the contribution of the FILEF (Federazione Italiana Lavoratori Migranti e Famiglie) to the European debate on the human, social and civil rights of migrant workers during the 1970s. Through the project of an ‘International Statute of Migrant Workers’ Rights’, presented to the European Parliament in 1971, FILEF submitted a proposal for the reform of the 1968 Community Regulation on the Free Movement of Migrant Workers in Europe in order to extend to workers from non-European countries the same rights and protections accorded to those from the EEC area. The analysis is focused on the discussion around the proposal in the committees of the European Parliament as well as on the debate that developed within the transnational network of the FILEF during the international conferences organised by the Federation from the mid-1970s until the early 1980s.

Protection of Economic Rights in Eastern European Countries

Current problems in the protection of economic rights in Eastern Europe (the impact of the oil industry on the environment and human health, discrimination in employment, including the abuse of the rights of migrant workers and women) determine the potential for economic development. This scientific article based on: qualitative and quantitative methodology; combination of comprehensive and systematic approaches; case method; analysis of statistical indicators. The aim of the research is to analyze the protection of economic rights in Eastern European countries and their negative impact on the lives of citizens. It has been found that in addition to unresolved issues of non-payment of salaries and discrimination against various social groups, these countries have new problems in the field of protection of intellectual property rights through the development of the digital economy. The legal system carefully and slowly integrates the practice of developed countries to provide guarantees for the most vulnerable (women, migrant workers). As a result, Eastern European countries are characterized by slow structural changes in the economy and an average level of GDP per capita. Discrimination, which is characterized by differences, is among the main problems. Discrimination does not ensure equal access for women to all spheres of public life. The revealed connection between gender equality and the economic well-being of the population proves the importance of protecting economic rights as a tool to ensure the formation of a socially oriented market economy. In Eastern European countries, there is no consistent concept of equality regardless of the social-economic characteristics of the citizen. Judicial practice remains quite cautious in sentencing and there are cases of return to formal equality.

The Effectiveness of One-Stop Service Policy in Protecting the Rights of Indonesian Migrant Workers in Tulungagung

The Indonesian government has tried to protect migrant workers, one of which is through Law no. 18 of 2017 concerning protecting the rights of migrant workers in an integrated manner. This research aims to examine how this policy’s effectiveness in protecting the rights of Indonesian migrant workers in Tulungangung Regency. This research uses descriptive research with a qualitative approach. The research findings show that one-stop service helps prospective workers manage all documents quickly and easily and is efficient in terms of costs and labor, and providing skills and attitude for working capital. One-stop integrated service policy implemented in the Tulungagung local government is based on the PTKLN Law No. 18 of 2017, Also, as an excellent service standard (SPM) according to the Decree of the Minister of Home Affairs No. 6/2007, that is simple, apparent, legal certainty, accurate, safe, responsible, complete facilities, and infrastructure, easy access, discipline, friendly, polite and comfortable in providing services.

The Protection of Indonesian Migrant Workers under Fiqh Siyasah Dusturiyah

The position of migrant workers is often seen as a weak party. To some extent, such migrant workers are regarded as similar to slaves. In Indonesia, the government has to protect all citizens, including those abroad who have the status of migrant workers. Migrant Workers’ Protection Law 18/2017 was issued to protect citizens as migrant workers. However, several migrant workers remained legally unprotected abroad. This study used the normative approach that aimed to discuss the protection of Indonesian migrant workers from two-fold, juridical and fiqh siyasah dusturiyah perspectives. While the government protected migrant workers by issuing Law 18/2017, it has more specifically provided directions and objectives to protect migrant workers. This Law ensures human rights for migrant workers despite legal, economic, and social protection for them and their families. Then, the protection of migrant workers from fiqh siyasah dusturiyah should be under the four principles of the workforce in Islam: human independence, human dignity, justice, and the clarity of the contract and wage transaction.
 KEYWORDS: Indonesian Migrant Workers, Right to Work, Islamic Law.

Objective conditions for improving the protection of the rights of labour migrants in Ukraine

The research analyses objective preconditions for improving the protection of the rights of migrant workers in Ukraine. The research methodology included the dialectical combination of tools such as documentary observation and legal hermeneutics. Among the main results is that: sand analyzed the statistical materials and standards of current Ukrainian legislation governing the rights of migrant workers. Problems related to the implementation of the rights of migrant workers in Ukraine were determined. Objective prerequisites for improving the protection of the rights of migrant workers in Ukraine were identified. It was noted that the implementation of rights by migrant workers in the country depends on several conditions and, above all, it was the specificity of the legal regulation of this issue. It is concluded that Ukrainian law provides general guarantees to prevent discrimination against immigrants in terms of exercising their right to work. At the same time, the application of the rights of immigrants in our country depends on several objective and subjective conditions that should be discussed.

이주노동자 인권 및 소수자행정의 새로운 지향: 민주주의, 관료제의 상충과 적용을 중심으로

본 연구는 장기간 거주한 이주노동자가 공동체로부터 배제되는 상황에서 민주주의와 관료제가 이주노동자의 인권에 딜레마적 관계를 갖는 것을 분석하고, 이주노동자를 위한 소수자행정의 역할과 위상을 재정립해야 함을 주장한다. 첫째, 민주주의 원리의 이상은 소수자가 의지할 수 있는 보호 이론이 될 것으로 기대되지만, 이주노동자의 인권은 다수결의 원칙으로 인해 교란된다. 둘째, 이주노동자 행정·정책은 정부체제 중시로부터 신공공관리가 적용되는 방향으로 변화되고 있지만, 이주노동자는 집단적으로 자신들의 요구와 주장을 반영시킬 응집력이 약하다. 이주노동자는 공동체에 속하는 구성원으로서의 권리를 얻지 못하고 국가 중심의 민주주의로 인하여 민주적 공공성에 근접하지 못한다. 관료는 이주노동자의 요구와 주장에 대응할 필요를 느끼지 못하는 것으로 나타난다. 본 연구는 민주주의와 이주노동자 인권의 딜레마적 관계에서 이주노동자의 민주성과 인권이 개선될 수 있는 실천적 방안을 관료제라는 렌즈를 통해 모색한다.

어업 이주노동자의 인권 침해와 대응방안 : 개야도 어업 이주노동자 사례를 중심으로

어업 이주노동자의 인권 침해와 대응방안 : 개야도 어업 이주노동자 사례를 중심으로

Legal Framework to Protect the Rights of Migrant Workers: A Study with Reference to India

In modern days right to life, freedom of profession and freedom of movement are recognised as a universal fundamental human rights, which are also interrelated and inter connected with each other. Universally, all human beings are equally entitled to enjoy all such rights. Indeed, migrant workers are also part of a human society who are not exceptional to enjoy all such rights. However, due to migration, migrant workers are marginalised and vulnerable groups. Perhaps, migrant workers are poor, illiterate and backward in all means. In this juncture, they have been exploited, discriminated and deprived to enjoy and access all such human rights equally compare to other non-migrant human beings across the globe. After the establishment of ILO and UNO, there are several International Declarations, Covenants and Conventional provisions etc.., which are equally applicable to all states across the globe including India to protect the rights of migrant workers. Similarly, in India also Constitutional provisions and legislative measures adopted, but due to failure to implement the above provisions effectively, migrant workers have been facing a lot of problems in inter-state and intra-state migration. Therefore, it is an attempt to know how for the rights of migrant workers have been safeguarded internationally and nationally. For this purpose the researcher has framed the following objectives.
 Objectives
 The Researcher has framed the following objectives,
 
 To know the International legal frame work and how it protects the rights of migrant workers.
 To examine the Indian legal system to protect the rights of migrant workers.
 To know the causes, modes, problems and challenges of migrant workers.
 Suitable suggestions to protect the rights of migrant workers.

COVID-19 lockdown: the neglected migrant workers in India

ABSTRACT Nationwide lockdown due to COVID-19 pandemic across India has created huge challenges, as well as a strong sense of fear, anxiety, insecurity and uncertainty among the people, migrant workers in particular. A vast majority of migrant workers suffered enormously as their livelihoods are being threatened. This paper discusses the socio-economic, psychological, livelihoods challenges faced by migrant workers in India. It examines the role of the government to secure the fundamental rights of migrant workers. It reviews the impact of policies/programmes for the migrant workers. The paper concludes that despite government efforts, large numbers of migrant workers who have been living hand-to-mouth ended up in destitution as they have no identity and not covered by any official social security policies.

Protection of the right to social security of the migrant worker in international law

The right to social security is recognised as a basic human right in a number of international instruments. While most nations give recognition to social security rights and generally enforce them within the dictates of domestic legislation to their nationals, the narrative is different for non-nationals, particularly the migrant worker. The article examines the measures that have been deployed at international and regional levels to protect the social security rights of migrant workers, with particular attention to the regular ones. It argues that a number of factors, including the doctrines of territoriality and nationality, account for the marginalisation of the migrant worker in the enforcement of these rights. Some migrant-specific international instruments and series of bilateral and multilateral agreements to overcome these perceived challenges are being hindered by the low number of ratifying countries and disparities in the design and level of development of schemes for specific branches of social security across countries. The article concludes that the social security right of the migrant worker would be enhanced if more countries ratify, domesticate and enforce relevant international instruments on the social security rights of the migrant worker and complement same by a much more coordinated bilateral and multilateral social security agreements.