Turning the Table on the Exploitative Recruitment of Migrant Workers: The Cambodian Experience

2012 ◽  
Vol 40 (4) ◽  
pp. 464-485 ◽  
Author(s):  
Jenna K. Holliday

Abstract In 2009, regular labour migration from Cambodia to Malaysia grew at a rapid rate. As the result of a ban imposed by Indonesia, Cambodia’s private sector responded by immediately recruiting to fill the void. The number of women recruited, trained and sent to Malaysia was too high for the Cambodian Government to keep track of and by 2010 reports of underage recruitment, debt bondage and abuse in training centres were growing. Unable to control the recruitment agencies and with growing numbers of reports of abuse in Malaysia, Cambodia banned the sending of domestic workers to Malaysia in 2011. Since this ban, the government has been working to strengthen the system of labour migration management. The changes under way do little, however, to address the specific problems that existed before the ban. In addition, in developing initiatives that are restricted to the establishment of an agreement with Malaysia, increasing regulation and improving conditions in training centres, Cambodia is missing an opportunity to establish a comprehensive and self-sustainable system of protection, welfare and support for migrant workers. Cambodia has a unique opportunity to set up enduring systems that can regulate recruiters and protect migrants as the sector expands to other countries and other industries. In not taking full advantage of this opportunity, there is a real chance that this ban will not be the last.

2017 ◽  
Vol 4 (2) ◽  
Author(s):  
Koesrianti

<p align="center"><strong><em>Abstract</em></strong></p><p><em>This research discusses the legal protection of migrant workers, especially, women migrant domestic workers. Due to the nature and characteristic of domestic work, the migrant domestic workers are subject to violence, abuses, discrimination and unfair treatment when they are in destination countries. The most vulnerable group among migrant workers is women migrant domestic workers because they are women. Accordingly, the government and the stakeholders should give protection to the women migrant domestic workers regardless their status (legal or illegal) as they are stay beyond national jurisdiction of sending state.</em></p><p><strong><em>Keywords: </em></strong><em>legal protection, Migrant workers, domestic, state responsibility.</em></p><p align="center"><strong>Abstrak</strong></p><p>Penelitian ini mengkaji bentuk-bentuk perlindungan hukum yang diberikan kepada pekerja migran PLRT di luar negeri. Pekerja migran PLRT karena karakteristiknya merupakan kelompok yang sangat rentan terhadap perlakuan <em>abuse</em>, diskriminatif, dan ketidak-adilan ketika bekerja di luar negeri. Kelompok paling rentan diantara pekerja migrant adalah TKW PLRT karena keperempuannya. Konsep tanggung jawab Negara mengharuskan pemerintah memberikan perlindungan kepada TKI terlepas dari status mereka, baik legal atau illegal karena mereka berada diluar yurisdiksi Negara pengirim</p><p><strong>Kata Kunci: </strong>Perlindungan hukum, TKI, PLRT, Tanggung Jawab Negara.</p>


2018 ◽  
Vol 6 (1) ◽  
pp. 61
Author(s):  
M. Saiful Islam

The recent bilateral agreement between Bangladesh and the Gulf Cooperation Countries (GCC) has facilitated migration of female domestic workers, which has opened up an opportunity as well as challenge for Bangladesh. Opportunities are quite significant in a sense that male migration has already been saturated in the GCC countries which has a major impact on the flow of remittances. The abundant and employable female labour force in Bangladesh could easily contribute to this international labour migration, and thereby add to the national economic development. There are serious problems as well since many Bangladeshi female domestic workers are reported to be exploited, sexually abused and raped by the middle man, recruiting agents, and the overseas employers. Many women fled from their employer and sought shelter at the Bangladesh consulate in Jeddah and Riyadh, alleging that they are either being tortured, not properly fed, paid, or not given job as promised. Many female migrants left their family members and young children at home in Bangladesh, which created further social problems as women are still considered as homemakers and childcare providers in the Bangladeshi cultural context. At this backdrop, the time is up to find out ways to make female domestic migration safe and secure. Both the sending and receiving countries must come up with policies and awareness programs that would ensure safety for the female domestic workers. It requires a strong commitment from both the sending and receiving countries that the policies, acts and laws are in favour of female migrant workers. National and international NGOs, civil society and media could play vital role to adopt and implement appropriate policies for safe and sound migration of the female domestic workers.


2015 ◽  
Vol 92 ◽  
Author(s):  
Koesrianti ,

<h4>Abstract</h4> <p><strong><em> </em></strong></p> <p><em>This research discusses the legal protection of migrant workers, especially, women migrant domestic workers. Due to the nature and characteristic of domestic work, the migrant domestic workers are subject to violence, abuses, discrimination and unfair treatment when they are in destination countries. The most vulnerable group among migrant workers is women migrant domestic workers because they are women. Accordingly, the government and the stakeholders should give protection to the women migrant domestic workers regardless their status (legal or illegal) as they are stay beyond national jurisdiction of sending state.</em><em> </em></p> <p><strong><em>Keywords: </em></strong><em>legal protection, Migrant workers, domestic, state responsibility.</em><em> </em></p> <p><em> </em></p> <p><em> </em></p> <h3>Abstrak</h3> <p>Penelitian ini mengkaji bentuk-bentuk perlindungan hukum yang diberikan kepada pekerja migran PLRT di luar negeri. Pekerja migran PLRT karena karakteristiknya merupakan kelompok yang sangat rentan terhadap perlakuan <em>abuse</em>, diskriminatif, dan ketidak-adilan ketika bekerja di luar negeri. Kelompok paling rentan diantara pekerja migrant adalah TKW PLRT karena keperempuannya. Konsep tanggung jawab Negara mengharuskan pemerintah memberikan perlindungan kepada TKI terlepas dari status mereka, baik legal atau illegal karena mereka berada diluar yurisdiksi Negara pengirim</p> <p><strong>Kata Kunci: </strong>Perlindungan hukum, TKI, PLRT, Tanggung Jawab Negara.</p>


2019 ◽  
Vol 19 (2) ◽  
pp. 237-242
Author(s):  
Mareta Puri Rahastine ◽  
Silvina Mayasari ◽  
Natasha Sasmita

Indonesian Workers (TKI) are domestic workers who work abroad. TKI is the largest foreign exchange earner for Indonesia. For official migrant workers, they will receive employment training conducted at the Overseas Employment Training Center which is managed by Indonesian Manpower Services Distributors as their suppliers abroad. Since the height of the news about Human Trafficking / non-procedural human trafficking has become a special concern by the Indonesian government, various ways of prevention are carried out by the government together with related official institutions. The author uses descriptive-qualitative research method, which is done by direct observation and in-depth interviews with the parties concerned, and the data collected later on analysis by descriptive analysis by describing the results of research in the form of research reports. With the holding of campaigns by the government and related institutions such as that carried out by PT Indotama Karya Gemilang about understanding the importance of the procedural process for migrant workers, they can add their understanding of the process procedurally. 


2020 ◽  
Vol 10 (2) ◽  
pp. 142-164
Author(s):  
Low Choo Chin

The pressures exerted by migrant workers’ countries of origin, regional calls for migrant protection, and global initiatives have pushed the Malaysian government for labour reforms in line with International Labour Organization standards. A weak labour migration mechanism has led to human trafficking, debt bondage, and workers’ exploitation.  Since 2018, Malaysia has concluded and renegotiated improved memoranda of understanding (MoUs) with countries of origin to address forced labour and human-trafficking. Reforming the recruitment system is formalised through government-to-government agreements to eliminate agents, enhance ethical recruitment, and adopt a zero migration-cost model. The analysis shows that the newly negotiated MoUs are significant in tackling the issue of irregular migration in three aspects, by including a clause on repatriation, changing to the government recruitment model, and adopting the employer-pays model. This research utilises official documents, media statements, and secondary literature. 


2018 ◽  
Vol 9 (1) ◽  
pp. 49 ◽  
Author(s):  
Sylvia Yazid

This paper is concerned with two main issues, Indonesian women workingabroad in the informal sector, mostly as domestic workers and the potentialsof other women stakeholders in addressing issues faced by women migrantworkers. This paper is written based on the assumption that an identificationof potential women at various levels and institutions may contribute to thesearch for solutions for the problems faced by the women migrant workersand that women should be seen as active actors that may contribute to theproblem solving. The identification in this paper has been able to identify theexistence of a number of prominent women migrant workers advocates, arguefor their existence in various parts within the labour migration system toguarantee a protected migration for women labour, and suggest for thewidening of the scope and activism of these women migrant workersadvocates, in line with their movements across institutions.


Author(s):  
Valentyna Bohatyrets ◽  
Iryna Haina

There is a growing body of literature that recognizes the importance of addressing mass labour migration, since the whirl of the latest mass labour migration, which has spread to more and more countries in recent decades, has rapidly become the matter of utmost importance for Ukraine. There is a clear and convincing evidence that the cause and consequences of Ukraine’s ‘mass migration exodus’ can play an imperative role in tackling the issue of returning of the Ukrainian emigrates and an efficient policy for their reintegration. It should be articulated, that according to UN statistics, Ukraine ranks the top ten countries with the highest emigration levels and its number has even increased so far. State Statistics Service estimates the number of migrant workers at 1.3 million, while experts say the number varies between 2 and 4 million. The discrepancies emerge both because of different understanding of the concept of ‘migrant’ and different data collection methods. The Ukrainian statistics clearly claims that the core factor behind the rapid growth of labour migration, primarily, to Ukraine cross-bordering states and other EU countries, is not only a shortage of jobs or an increase in unemployment in the country, but the desire for higher earnings from those, who could find work in their homeland. Of particular interest for our research was a poll made in ‘Instagram’ among the students of the Faculty of History, Political Science and International Studies. The respondents showcased their awareness and keen interest on the problem and proactively participated in the survey. Noteworthy, the findings constituted an integral part of our practical side of the research and were incorporated to our conceptualization of the problem under study. Collectively, the studies outline a critical role for designing a longterm planning and an effective strategy to considerably improve the situation in Ukraine in an integrated and coordinated response. Significantly, by taking advantage of the latest technological and socio-economic trends from around the world, the Ukrainian government, ad hoc committees and other stakeholders should take into account various approaches to achieving the social and economic reintegration of all categories of Ukraine’s return migrants. The authors attempt to suggest a list of major steps to be taken for an effective reintegration program, and argue that the government should focus on the institutional mechanism of program management. Although the field is widely considered an applied science with practical applications, there are still philosophical underpinnings.


2020 ◽  
Vol 19 (2) ◽  
pp. 29-49
Author(s):  
Hengki Firmanda ◽  
Andre Antonius

Protection of migrant workers, especially those working in informal areas, has become a serious problem in several countries, including Indonesia. Informal migrant workers such as domestic helpers, including one of the areas that get the most attention because of the lack of protection afforded to them. The rights of migrant workers are often violated only for the sake of economic benefits to both sending and receiving countries. This condition makes the government of each country should seriously think about the social protection of migrant workers. informal migrant workers were limited into consideration in discussions related to the social protection of labor, even though they work in the working area that very vulnerable to exploitation. This paper will examine qualitatively the comparative law approach to the problem of informal social protection of migrant workers between Indonesia and Malaysia. The results showed that the legal status of migrant workers are often not regulated informally legislation in the host country (Malaysia) that their protection does not exist in law or in practice, in addition to the problems of bureaucracy and politics also became an obstacle for domestic workers in getting access to social protection.


2018 ◽  
Vol 73 ◽  
pp. 09017
Author(s):  
Utami Dewi Anggia ◽  
Rezasyah Teuku

The issue of Indonesian migrant domestic workers is still a homework that need to be prioritized by the government. The problematic management, include the lack of legal-based protection, have resulted in many unfortunate cases and conditions of migrant workers. Many of them are prone to unequal treatments, mental and physical abuse, even human trafficking. The Indonesian government currently addresses a policy of zero migrant worker roadmap, which has brought up many critics mentioning how the policy is discriminatory and violates the rights to economy of the workers. By using a qualitative approach of method, this paper aims to discuss the possibility of solutions that will generate an inclusive framework of to eradicate inequalities posed by Indonesian migrant domestic workers, by briefly highlighting the case of Sumba Barat Daya as the second largest migrant workers sender in Nusa Tenggara Timur. Under the Sustainable Development Goals framework, from policy approach, this paper suggests the government of Indonesia to focus more on the skill and capacity building of migrant workers, by also imposing the social protection approach towards them.


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