Multicultural society and Social Integration of Migrant worker : Protection of Undocumented Migrant Workers' Human Rights

AbstractIn this article, I depart from the factual difficulties of undocumented migrants to access a state’s protection mechanisms for avowedly universal human rights. I relate this aporia to two competing conceptions of territorial jurisdictions. Drawing on the Convention on the Rights of the Child and the Migrant Workers Convention, I separate the sphere of the political community (the polis) and that of the house-hold (the oikos) in developing a political theory of undocumented migration. It rests two central tenets: one is a tributary transaction between sending state and host state, in the course of which the undocumented migrant worker is offered without conditions attaching, yet with the hope of remittances flowing in return. This offering relates to the oikos, which makes available a limited degree of protection under labour law. The second is a contractual form of submission by the undocumented migrant worker, which is structurally analogous to the master-slave relationship developed in Hobbes’ defense of war slavery. This is related to the polis, which denies all meaningful political activity to the undocumented migrant (as reflected in the denied right to found labour unions). Finally, drawing on Werner Hamacher’s work, I analyse how human rights are intrinsically related to a position of privacy, which escalates into a form of isolation under the structures producing undocumented migrants.

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The Employment Contract Revisited. Undocumented Migrant Workers and the Intersection between International Standards, Immigration Policy and Employment Law

European Journal of Migration and Law ◽

10.1163/157181610x496876 ◽

2010 ◽

Vol 12 (2) ◽

pp. 193-214 ◽

Cited By ~ 7

Author(s):

Andreas Inghammar

Keyword(s):

Migrant Workers ◽

Migrant Worker ◽

International Standards ◽

Solid Base ◽

Access To Justice ◽

Undocumented Migrants ◽

Undocumented Migrant ◽

Legal Representation ◽

Employment Contract ◽

Legal Standards

AbstractThis article considers recent legal developments on undocumented migrant workers, finds the acceptance of international legal standards unsatisfactory and argues that the private law rights derived from the “semi-legal” employment contract between the employer and the undocumented migrant worker generates a solid base for significant legal claims. It further monitors the promotion of the position of the undocumented migrant workers under recent EU law and calls for a refocusing on the employment contract in the reading of a relevant EC Directive, with a particular emphasis on the issue of access to justice for the migrant workers. The increased number of undocumented migrants who leave their countries of origin for reasons outside the scope of the asylum procedure, as well as the circumstances under which this migration is undertaken and the working conditions of these individuals in the host countries, have brought about legal activities from governments and institutions such as the EU. The aim has in general been to establish sanctions against employers of undocumented migrant workers, but a shift towards a compensatory, employee protective, attitude has recently emerged, both in EU legislation and in a broader perspective in US case law. The article concludes that such a development must be massively supported in relation to access to justice in order to fulfill the ambition. The poor legal position of the undocumented migrant workers is significantly connected to issues of legal representation, trade union participation and the threat of repatriation.

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LEGAL PROTECTION TO THE INDONESIAN MIGRANT WORKERS IN THE PERSPECTIVE OF HUMAN RIGHTS

Advances in Social Sciences Research Journal ◽

10.14738/assrj.73.7916 ◽

2020 ◽

Vol 7 (3) ◽

pp. 130-137

Author(s):

Raden Muhammad Mihardi

Keyword(s):

Human Rights ◽

United Nations ◽

Migrant Workers ◽

Migrant Worker ◽

Legal Protection ◽

Legal Issue ◽

Protection Of Human Rights ◽

United Nations Convention ◽

Work Abroad ◽

The Ideal

Purpose of the study: This research aims to describe legal issue related to the protection to Indonesian migrant workers who work abroad and to analyze the existence of migrant workers in Indonesia, viewed from human rights which must get legal protection in constitution and regulation of legal norm and implementation in the applicable legislation. Methodology: This research used the normative research methodology supported by empirical data from the document of institutional study. Main Findings: Research about the protection of human rights in Indonesian Migrant Worker sector is a certainty. It is guaranteed in the international documents (Declaration of Human Rights in the United Nations, Convention of United Nations on Ecosoc and ILO Convention) and national documents (1945 Constitution and Law of Indonesian Migrant Worker Protection). However, in the perspective of its implementation, it has complexity. The protection to Indonesian migrant workers involves many parties, central and regional rules, and culture. This research focuses on the context of Indonesian Migrant Worker protection in a country where they work from the perspective of human rights. This research has novelty since it captures and analyzes issue of Indonesian Migrant Worker in rules and empirical terms based on the database. Applications of this study: this study can be useful for Immigration is one of the instruments to support unity of family with different nationality background. Novelty/Originality of this study: The new in this study that may find the ideal concept of the treasury of jurisprudence, particularly for foreign citizens who legally get married with Indonesian citizens and ex-Indonesian citizens and children born from legitimate mixed marriage with double citizenship.

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Illegal Journey: The Indonesian Undocumented Migrant Workers to Malaysia

Populasi ◽

10.22146/jp.36202 ◽

2018 ◽

Vol 25 (2) ◽

pp. 24

Author(s):

Ridwan Wahyudi

Keyword(s):

Social Capital ◽

Human Rights ◽

Migrant Workers ◽

Social Classes ◽

Theory Approach ◽

Undocumented Migrant ◽

Ethnic Grouping ◽

The Social ◽

Grounded Theory Approach ◽

Government Authority

The objective of this study is threefold. First, it uses fieldwork to explore the illegal journey of the Indonesian undocumented migrant workers, including all processes and interactions. Secondly, it identifies the substantive factors behind illegal influx into Malaysia. Thirdly, it draws out the implications from the illegal journey undertaken by them to Malaysia. This qualitative study applies the grounded theory approach. The result of this study shows that social capital within their network expands through various channels, particularly friendship, brotherhood, neighborhood, community and ethnic grouping. It also permeates strongly beyond government authority and regulation. They have constructed social classes among themselves. However, they have also been less able to get the social access because the absence of official documents deprives their human rights, and they are also blamed for social ills. Therefore, the regulation for both countries must recognize the rights, improvement governance, strengthen the integrity and curb corruption.

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Pekerja Imigran Perempuan dalam Perspektif Islam

Istawa Jurnal Pendidikan Islam ◽

10.24269/ijpi.v3i2.1499 ◽

2019 ◽

Vol 3 (2) ◽

pp. 1

Author(s):

Kelik Wardiono ◽

Wafda Vivid Izziyana

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Islamic Law ◽

Migrant Worker ◽

Point Of View ◽

Next Generation ◽

The Real ◽

Job Opportunities ◽

Human Equality ◽

Female Migrant

Islamic law gives a high appreciation for the human equality. It happens because all humans come from one source, Allah S.W.T. Respecting of human rights is regulated in fiqih, holy Qur’an, and hadist. From the Islamic law perspective, the differentiate of human level is on their devotion. Working as a migrant worker is allowed in Islamic Law. State gives regulation for the Indonesian migrant in a constitution No 18, 2017 year. The constitution is provide to give all society to have work both of domestic and overseas with a certain period, of course they get salary. Working is a citizen’s right. The purpose of migrant is to get bigger result. Other factor which triggers the Indonesian citizen of Indonesia to change the fate is the difficulty of getting work. There are many kinds of work in this country. Various job opportunities that exist in this country but most of them have been occupied by Indonesian society. Consequently, it is being minimum opportunity for the next generation. Indonesian mindset of working abroad to be a migrant worker is a necessity. The real fact is when women work, and then they have to perform two roles, as a wife or a mother as well as a worker. This article will discuss about the female position as a migrant viewed from the religion point of view, especially in term of Islamic law related to Indonesian female migrant workers.

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Protection of Migrant Workers under the ICMW: Incompatibility with Malaysian Laws and Position in ASEAN

Hasanuddin Law Review ◽

10.20956/halrev.v7i3.3066 ◽

2021 ◽

Vol 7 (3) ◽

pp. 150

Author(s):

Saidatul Nadia Abdul Aziz ◽

Salawati Mat Basir

Keyword(s):

Human Rights ◽

Migrant Workers ◽

Ad Hoc ◽

Fundamental Rights ◽

Undocumented Migrant ◽

International Convention ◽

Irregular Migrants ◽

History Of ◽

Laws And Policies ◽

Irregular Migrant

The International Convention on The Protection of The Rights of All Migrant Workers and Members of Their Families (ICMW) is the only Human Rights Convention that distinguishes between normal and irregular migrants in great detail. An analysis of the situation in Malaysia, based on feedback from relevant stakeholders, shows that there are insurmountable obstacles to ratification in relation to the ambiguous policy status for migrant workers, which is based on ad hoc policies. Malaysian legislation appears to be straightforward in its approach to labour migration policies, as it defines and categorises migrants into two distinct ‘categories': registered migrant (regular migrant) and undocumented migrant (irregular migrant), regardless of ability level. This article demonstrates that, despite the barriers and incompatibilities with national laws, the Convention, which is primarily a human rights instrument aimed at protecting the fundamental rights of all migrants, could assist Malaysia in ensuring a holistic and sustainable migration management that takes into account the needs of a whole approach and support from all parties involved, including but not limited to the Malaysian government. Part I of the article will go through the history of the convention's adoption, followed by Part II on the state of Malaysia's migration laws and policies, Part III on the compatibility and incompatibility of Malaysian laws with the ICMW and the position in ASEAN, and Part IV on recommendations.

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