scholarly journals DISCRIMINATION AGAINST MIGRANT WORKERS IN MALAYSIA

2016 ◽  
Vol 28 (3) ◽  
pp. 556
Author(s):  
Muhammad Hafiz Badarulzaman ◽  
Zainal A Ayub ◽  
Zuryati M Yusoff ◽  
Harlida A Wahab
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Research Methodology ◽  
Major Contributor ◽  
Negative Perception ◽  
The Law ◽  
Migration Law

AbstractMigrant workers are often discriminated against in almost every aspect of life. Discrimination against them is due to irrational dislike of them and also negative perception towards them. It is alleged that migrant workers contribute to the crimes hike in Malaysia. Using doctrinal research methodology, this article discusses direct and perceptive discrimination against them. This article concludes that physical discriminations are mostly happened because ineffective enforcement of the law, abuse of powers and human-trafficking problem. Besides, migrant workers have not being major contributor to crime hike. Malaysia should introduce comprehensive migration law and strengthen the monitoring of recruitment agencies.

scholarly journals Using Global Migration Law to Prevent Human Trafficking

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 147-152
Author(s):  
Janie A. Chuang
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Sex Trafficking ◽  
Organised Crime ◽  
Trafficking In Persons ◽  
Labor Trafficking ◽  
Global Migration ◽  
Women And Children ◽  
International Laws ◽  
Migration Law

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty—the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol). Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable—if not encourage—the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights violations for which access to protection and redress is limited. Failing to attend to these “lesser” abuses creates and sustains vulnerability to trafficking.

scholarly journals Optimization of The Village Roles in Countermeasure to Criminal Acts of Human Trafficking

2018 ◽  
Vol 54 ◽  
pp. 08012
Author(s):  
Erma Rusdiana ◽  
Eny Suastuti ◽  
Syamsul Fatoni
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Research ◽  
Village Level ◽  
The Poor ◽  
Recruitment Activities ◽  
The Law ◽  
Village Government ◽  
The Village

This research is based on the criminal acts of human trafficking phenomenon through the Indonesian migrant workers delivery initially impersonating the recruitment activities by the scalpers in the village level in number of ways. The evidences show the poor village authorities regarding the issue at hand and relating to its people working abroad. This research aims to analyze Law No 18 of 2017 mandating the village government to actively participate in protecting the Indonesian especially the criminal acts of human trafficking cases. This is doctrinal legal research; employing the law approach in the sense of law in the book applying the statute approach. This research demonstrates the argument of Law No. 18 of 2017 legalization which is to provide the village authorization setting to extend migrant workers protection before, during, and after completion of their work. To implement the Article 42 pertaining to village’s duties and responsibilities, its government can arrange the village regulation about PMI. It is clearly stated in Law No 6 of 2014 about Village. It is subsequently beneficial in a way that the village, as the main key of worker distribution, actively participates in criminal acts of human trafficking anticipation impersonating the Indonesian migrant workers delivery and simultaneously provides the Indonesian migrant workers protection.

scholarly journals IMPLEMENTATION OF IMMIGRATION FUNCTIONS AS IMMIGRATION LAW ENFORCEMENT IN THE FRAMEWORK OF NONPROCEDURAL MIGRANT INDONESIAN WORKERS

2019 ◽  
Vol 1 (2) ◽  
pp. 117-126
Author(s):  
Rahma Iria Mayang Anggreini ◽  
Anita Herlina
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Government Agency ◽  
Public Understanding ◽  
Immigration Law ◽  
Legal Service ◽  
Legal Basis ◽  
The Law

Indonesia is one of the largest contributors to migrant workers in ASEAN. The large number of Indonesians who have links to become Indonesian Migrant Workers or PMI have started to cause unrest with the criteria for non-procedural Indonesian migrant worker who work without using valid or incomplete documents. The existence of non-procedural migrant worker poses a greater risk of crimes that can occur to migrant workers, considering that they are non-procedural migrant workers who are not bound and protected by the law that works on Indonesian Migration Workers, namely Law Number. 18 of 2017. Membership is not the broad coverage of this legal basis, coupled with the low level of public understanding of the law, and the consequences of its mistakes and weak law enforcement are the main causes of the circulation of non-procedural migrant workers which eventually become victims of crimes that may occur such as exploitation, abuse, national, persecution, smuggling, and human trafficking to become victims of murder. Immigration as a government agency associated with indonesian migrant worker carries out its function partly as public and legal service. Law enforcement carried out by immigration officials, namely monitoring to providing criminal acts, is a form of law enforcement carried out by immigration to provide protection to PMI and prevent non-procedural PMI sending.

Tamils and the Haunting of Justice

2014 ◽  
Author(s):  
Andrew C. Willford
Keyword(s):  
Migrant Workers ◽  
Race And Ethnicity ◽  
Kuala Lumpur ◽  
Labor Costs ◽  
Way Of Life ◽  
Land Use Patterns ◽  
Use Patterns ◽  
Critical Issues ◽  
The Law ◽  
Law And Justice

In 2006, dejected members of the Bukit Jalil Estate community faced eviction from their homes in Kuala Lumpur where they had lived for generations. City officials classified plantation residents as squatters and questioned any right they might have to stay. This story epitomizes the dilemma faced by Malaysian Tamils in recent years as they confront the collapse of the plantation system where they have lived and worked for generations. Foreign workers have been brought in to replace Tamil workers to cut labor costs. As the new migrant workers do not bring their whole families with them, the community structures need no longer be sustained, allowing more land to be converted to mechanized palm oil production or lucrative housing developments. Tamils find themselves increasingly resentful of the fact that lands that were developed and populated by their ancestors are now claimed by Malays as their own; and that the land use patterns in these new townships, are increasingly hostile to the most symbolic vestiges of the Tamil and Hindu presence, the temples. This book is about the fast-approaching end to a way of life, and addresses critical issues in the study of race and ethnicity. It demonstrates which strategies have been most “successful” in navigating the legal and political system of ethnic entitlement and compensation. It shows how, through a variety of strategies, Tamils try to access justice beyond the law-sometimes by using the law, and sometimes by turning to religious symbols and rituals in the murky space between law and justice.

Measuring the Hidden Numbers of Human Trafficking Through Multiple Systems Estimation: Lessons Learned and Challenges Outstanding

2021 ◽  
pp. 001112872098719
Author(s):  
Davina Durgana ◽  
Jan van Dijk
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Lessons Learned ◽  
Multiple Systems ◽  
State Institutions ◽  
Gender And Age ◽  
Prevalence Estimates ◽  
Trafficking Victims ◽  
Developed Nations ◽  
Further Development

This article takes stock of studies conducted in eight countries to estimate the prevalence of human trafficking by employing the technique of Multiple Systems Estimation on data on victims of human trafficking recorded by state and non-state institutions. It presents an overview of MSE-based prevalence estimates of human trafficking victims per 100,000 inhabitants of these countries, disaggregated by type of exploitation, gender, and age. For some countries it also presents the different likelihoods of various sub-categories of trafficking victims, such as minors and migrant workers, to be detected by authorities and/or NGOs. Next, the article recounts what these studies have taught us about the suitability of applying MSE on existing multi-source databases to estimate the prevalence of trafficking victimization. The article concludes with a discussion on the promises and limitations of MSE and its prospects for further development, especially among developed nations.

scholarly journals THE ENDURING VULNERABILITY OF MIGRANT DOMESTIC WORKERS IN EUROPE

2013 ◽  
Vol 62 (3) ◽  
pp. 599-627 ◽  
Author(s):  
Clíodhna Murphy
Keyword(s):  
International Law ◽  
Migrant Workers ◽  
Domestic Workers ◽  
Employment Law ◽  
The United Kingdom ◽  
Regulatory Frameworks ◽  
Labour Standards ◽  
And Migration ◽  
Migration Law ◽  
Migrant Domestic Workers

AbstractWhile the rights of domestic workers are expanding in international law, including through the adoption of the ILO Domestic Workers Convention in 2011, migrant domestic workers remain particularly vulnerable to employment-related abuse and exploitation. This article explores the intersection of the employment law and migration law regimes applicable to migrant domestic workers in the United Kingdom, France and Ireland. The article suggests that the precarious immigration status of many migrant domestic workers renders employment protections, such as they exist in each jurisdiction, largely illusory in practice for this group of workers. The labour standards contained in the Domestic Workers Convention, together with the recommendations of the UN Committee on Migrant Workers on the features of an appropriate immigration regime for migrant domestic workers, are identified as providing an alternative normative model for national regulatory frameworks.

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Research ◽  
State Budget ◽  
Indonesian Government ◽  
Secondary Sources ◽  
The Law

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.

scholarly journals Religious Leader’s Views Living Hadith Practices in Malaysia

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nurul Ain Burhanuddin
Keyword(s):  
Research Methodology ◽  
Muslim Community ◽  
Cultural Phenomenon ◽  
Living Tradition ◽  
The Law ◽  
Moral Demands

Living Hadith is a cultural phenomenon of society based on the hadith of the Prophet saw. It is a pattern of behavior that is part of the interaction of Muslims with hadith. This study is to examine the extent to which the practice of sunnah is still practiced among the Muslim community in Malaysia. In addition to explaining the practice of sunnah in the perspective of Living Hadith. The research methodology is based on the interviews of five respondents consisting of muftis, academics, religious figures who are active with the community. The findings show that living tradition phrase less is known in the Muslim community in Malaysia, there is a Sunnah practice in perspective Living in Malaysia Hadith and Sunnah is a customary practice that is often practiced by the Malays in Malaysia. It is a pure practice that needs to be applied in society in order to be in line with the religious and moral demands of Rasulullah saw. However, the community also needs to be guided to accept this practice of sunnah as an encouragement and encouragement of goodness that must be implemented. It is not a mandatory practice such as the law of performing prayers and fasting in the month of Ramadan. Therefore, the Malaysian society still sees the living hadith in the context of the practice of sunnah which is still related to the hadith and sunnah of the Prophet saw

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