How do Vietnamese policies designed to protect the rights of migrant worker need to be changed to enhance their effectiveness?

The thesis focuses on analysing the Vietnam‟s responsibilities as a worker - sending country (sending country) in protecting the rights of its migrant workers in accordance with international conventions adopted by the United Nations and the International Labour Organisation. The conventions used in the thesis to build up the analytical framework are: C097 - Migration for Employment Convention (Revised), 1949 (No. 97), C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) and International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. This thesis evaluates the policies of protecting Vietnamese workers working overseas since 1980. Accordingly, it presents an analysis of Vietnam‟s policies on labour migration by putting Vietnam‟s laws in comparison with international conventions. The thesis indicates that although Vietnam has not ratified relevant international conventions to protect the rights of migrant workers, its national policies, legal system and practices have gradually approached these requirements in accordance with the actual situation of the country. In addition to the achievements of the policies, the thesis also pinpoints constraints in the police and the reasons for those constraints through an analysis of the policy implementation process. Thereby, the thesis suggests several implications to improve relevant policies and practices in Vietnam to better protect the rights of its migrant workers.

How do Vietnamese policies designed to protect the rights of migrant worker need to be changed to enhance their effectiveness?

10.26686/wgtn.17012753.v1 ◽

2021 ◽

Author(s):

◽

Phương Trang Nguyễn

Keyword(s):

United Nations ◽

Policy Implementation ◽

Migrant Workers ◽

Migrant Worker ◽

Implementation Process ◽

Analytical Framework ◽

Actual Situation ◽

International Labour Organisation ◽

PERLINDUNGAN HAM PEKERJA MIGRAN: KAJIAN NORMATIF KEWAJIBAN INDONESIA BERDASAR PRINSIP-PRINSIP DAN NORMA-NORMA HUKUM INTERNASIONAL

Yustisia Jurnal Hukum ◽

10.20961/yustisia.v2i1.11082 ◽

2013 ◽

Vol 2 (1) ◽

Author(s):

Sri Lestari Rahayu ◽

Siti Muslimah ◽

Sasmini ,

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Migrant Workers ◽

Legal Argumentation ◽

Customary International Law ◽

Legal Principles ◽

Protection Of Human Rights ◽

United Nations Convention ◽

AbstractThis research is conducted to get a legal argumentation related to responsibility of Indonesia on protection of its citizen, especially migrant workers. The question will be answered by determining the norms and principles that underlie Indonesia in protecting the human rights of its citizens. The sources of this research are international conventions, customary international law, doctrine, legal instruments in Indonesia and some of publications concerning the state responsibility to protect migrant workers. The legal sources collected by study documentation are analyzed by interpretation and content analysis. The results show that the general legal principles in which become basic of Indonesia associated with its obligation to provide protection of human rights of women migrant workers are based on the principle of nationality/citizenship of Indonesia, the principle of pacta sunt servanda, the principle of exhaustion of local remedies, the shift in meaning of the sovereignty principle and recognition principles theory of natural rights which inherent in every human being. While the norms are contained in the Migration for Employment Convention (Revised), 1949 (No. 97), the Convention on Migrant Workers (Supplementary Provisions), 1975 (No. 143), United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990.Key words: human rights, migrant workers, obligations, international lawAbstrakPenelitian ini dilakukan untuk memperolah gambaran yang lebih mendalam mengenai tanggung jawab Negara Indonesia dalam memberikan perlindungan terhadap hak-hak warga negaranya, khususnya pekerja migran. Penulis mencoba menjawab permasalahan tersebut dari sisi normatif yaitu dengan mendasarkan pada norma-norma dan prinsip-prinsip yang mewajibkan setiap negara termasuk Indone- sia untuk melindungi hak asasi warga negaranya. Bahan penelitian yang digunakan meliputi perjanjian- perjanjian internasional, doktrin, hukum kebiasaan internasional, peraturan perundang-undangan di Indonesia, serta beberapa publikasi yang terkait dengan kewajiban negara atas perlindungan pekerja migran. Bahan hukum yang dikumpulkan melalui studi dokumen selanjutnya dianalisis melalui interpretasi teks dan analisis isi. Hasil pembahasan menunjukkan bahwa prinsip-prinsip hukum umum yang menjadi dasar Indonesia terkait dengan kewajibannya untuk memberikan perlindungan HAM pekerja migran didasarkan pada prinsip nasionalitas, prinsip pacta sunt servanda, prinsip exhaustion of local remedies, pergeresan makna prinsip kedaulatan dan diakuinya prinsip teori hak-hak kodrati yang melekat dalam diri setiap manusia. Sedangkan norma-normanya terdapat dalam Konvensi Migrasi untuk Pekerjaan (Revisi), 1949 (No. 97), Konvensi Pekerja Migran (Ketentuan-Ketentuan Tambahan), 1975 (No. 143), United Nations Convention on The Protection of The Rights of All Migran Workers and Member of Their Families tahun 1990.Kata kunci: hak asasi manusia (HAM), pekerja migran, kewajiban, hukum internasional

Sustaining transnational activism between Indonesia and Hong Kong

Asian and Pacific Migration Journal ◽

10.1177/0117196820925556 ◽

2020 ◽

Vol 29 (1) ◽

pp. 12-29

Author(s):

Ezka Amalia

Keyword(s):

Hong Kong ◽

Civil Rights ◽

United Nations ◽

Migrant Workers ◽

Migrant Labor ◽

Transnational Activism ◽

Cross Border ◽

The Relationship ◽

Cross Border Cooperation

This article explores the relationship between Migrant CARE, a migrant labor NGO in Indonesia, and the Indonesian Migrant Workers Union in Hong Kong and their potential to advocate for better protection of migrant workers’ rights by the Indonesian government. Indonesia’s transition into democracy, Hong Kong’s promotion of civil rights and the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Their Families provide opportunities for advocacy activism for Indonesian migrant workers and the possibility of cross-border cooperation of organizations in these two places. Previous studies show cross-border linkages of activism between Indonesia and Hong Kong but they do not pay attention to the factors that could promote sustaining the network. This article shows that both organizations have different strategies, alliance formations and ideologies in their activism. The differences between these organizations weaken their advocacy.

Migrant Women in the Context of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

International Migration Review ◽

10.1177/019791839102500407 ◽

1991 ◽

Vol 25 (4) ◽

pp. 800-817 ◽

Cited By ~ 7

Author(s):

Shirley Hune

Keyword(s):

United Nations ◽

International Migration ◽

Migrant Workers ◽

Family Members ◽

General Assembly ◽

Migrant Women ◽

Major Trend ◽

The United Nations ◽

Special Circumstances

A major trend in contemporary international migration is the recruitment of women as migrant workers, both documented and undocumented. This article discusses their invisibility and the efforts during the UN Decade for Women, 1976–85, to draw attention to their vulnerable situation and special circumstances. It considers how the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the General Assembly in December 1990 can provide increased protection for women as migrant workers and as family members. It also points out areas that remained unaddressed in alleviating their triple exploitation as females, workers and foreigners.

Indonesian Workers Protection Abroad: Indonesian Law Post-Ratification of International Convention on Migrant Workers

10.31227/osf.io/8uf5b ◽

2017 ◽

Author(s):

Achmad Zulfikar

Keyword(s):

United Nations ◽

International Migration ◽

Migrant Workers ◽

Secretary General ◽

General Assembly ◽

Literature Study ◽

Migration And Development

United Nations Secretary-General Ban Ki-moon in the General Assembly on International Migration and Development, stated that since 1990-2010 the growth of international migration has increased significantly. It brings implications for the deployment of migrant workers that draw attention to the sending, transit, recipient countries, or a combination of the three catagories. Government should provide a clearer framework for migrant workers' rights to protect the migrant workers during preplacement, placement, and post-placement. This article draws on the results of the literature study and interviews with respondents in the field of employment. This article found a positive relations between the revised of Law No. 39/2004 and Indonesian Migrant Workers Protection Bill as a followup of the ratification of the InternationalConvention on the Protection of the Rights of Migrant Workers and their Families.---Sekretaris Jenderal PBB, Ban Ki Moon, dalam Rapat Majelis Umum mengenai Migrasi dan Perkembangan Internasional mengatakan bahwa dalam kurun waktu tahun 1990-2010, pertumbuhan migrasi internasional telah berkembang sangat pesat. Hal ini memberikan dampak kepada pengiriman buruh migran yang melibatkan negara pengirim, transit, serta penerima, ataupun kombinasi antara ketiga kategori tersebut. Pemerintah harus mengatur hak-hak buruh secara lebih jelas untuk melindungi buruh migran selama prapenempatan, penempatan, dan setelah penempatan. Artikel ini ditulis berdasarkan studi pustaka dan wawancara dengan responden dalam ranah ketenagakerjaan. Penelitian ini juga menemukan relasi positif antara Undang-undang No. 39/2004 dan Undang-undang Perlindungan Buruh Migran Indonesia sebagai hasil ratifikasi dari International Convention on the Protection of the Rights of Migrant Workers and their Families.

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.

Regulation and Resistance: Strategies of Migrant Domestic Workers in Canada and Internationally

Asian and Pacific Migration Journal ◽

10.1177/011719689700600103 ◽

1997 ◽

Vol 6 (1) ◽

pp. 31-57 ◽

Cited By ~ 6

Author(s):

Daiva K. Stasiulis ◽

Abigail B. Bakan

Keyword(s):

Migrant Workers ◽

Migrant Worker ◽

Domestic Workers ◽

Worker Rights ◽

Resistance Strategies ◽

Household Workers ◽

Foreign Domestic Workers ◽

And Migration ◽

International Conventions ◽

Migrant Domestic Workers

While the Canadian program for migrant domestic workers offers among the best conditions internationally, it shares two features in common with worldwide policies and treatment of foreign household workers. These are: 1) the inherent asymmetry in citizenship statuses and rights of employers and their domestic employees; and 2) the expectation that employees will ‘live in’ their employers' homes. Enforcement of rights of foreign domestics is also complicated by shared, yet ambiguous jurisdiction over foreign domestics of the federal and provincial governments. These conditions render foreign domestic workers vulnerable to all forms of abuse. They have not been eliminated despite impressive organizing and advocacy among these migrant workers and their allies. The challenges of finding adequate protection against abuse by domestic workers in Canada and elsewhere are explored by examining the policies of labor sending and labor receiving countries, and international conventions. A significant development in domestic workers organizations is the linking of campaigns for migrant worker rights to global efforts to address the causes of unemployment and migration.

Using the New Migrant Workers’ Rights Convention

International Migration Review ◽

10.1177/019791839102500411 ◽

1991 ◽

Vol 25 (4) ◽

pp. 859-865

Author(s):

Jan Niessen ◽

Patrick A. Taran

Keyword(s):

Human Rights ◽

Nongovernmental Organizations ◽

Migrant Workers ◽

Migrants Rights ◽

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a valuable instrument both to bring about recognition of the human rights of migrants and to uphold or defend such rights in practice. Nonetheless, migrants’ associations and organizations in support of migrants tend to underestimate the significance of international conventions. Compared with the demands they put forward conventions offer too little. However, experience has shown that international conventions can be used successfully to defend migrants’ rights. In this article, suggestions are made as to how nongovernmental organizations (NGOs) can use this new Convention.

INTERNATIONAL LEGAL REGULATION OF MIGRANT WORKERS LABOR

Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies ◽

10.17721/1728-2195/2019/1.108-4 ◽

2019 ◽

pp. 26-31

Author(s):

O. Pohorielova

Keyword(s):

Migrant Workers ◽

Social Protection ◽

Migrant Worker ◽

Legal Regulation ◽

Labor Migrants ◽

Scientific Methods ◽

Security Issues ◽

Legal Standards ◽

Analysis And Synthesis ◽

Currently, in Ukraine there is increase of process of labour migration of Ukrainian citizens abroad. In connection with what there is necessity of proper regulation of labour activity of migrant workers, implementation of measures to comply with international legal standards in the field of labour, implementation of measures regarding increase of the level of social protection of Ukrainian citizens traveling abroad and in case of their return from abroad. The methodology is based on the general scientific dialectical method of cognition. Also, number of scientific methods were used. Legal regulation of labor migrants from Ukraine abroad was considered due to methods of analysis and synthesis. The directions of improving legal regulation of labor and social protection of migrant workers were identified by using structural and logical methods. Forms and methods of formal logic were widely used in the work: concepts, definitions, proofs, judgments, analogy, comparisons, generalizations, et The aim of the article is to explore the mechanism of legal regulation of labour of migrants workers and identify ways of increase the level of social protection of Ukrainian citizens who are migrants workers. To achieve the goal the author analyzed the most important international legal acts that regulate legal migration. In the article the concept of migrant worker was analyzed and identified what kind of migrants is included to migrant worker. Particular attention is paid to analyses of bilateral agreements concluded by Ukraine with other countries on the employment and social protection of migrants. Content was determined of the employment contract and its role in regulating the legal relations of migrant workers with foreign employers. The basic guarantees of social protection of migrant. In the article the author determined the necessity Ukraine joins to the main international conventions that regulate labor migration issues, the provisions of which should be the basis for the legal regulation of labor migrants' activity and ensuring their rights are respected. The necessity to conclude bilateral interstate agreements on regulating the employment processes of Ukrainian citizens abroad, guarantees that arise in the course of labor activity of migrant workers and social security issues, was determined. First of all, such agreements should be concluded with the countries with the highest number of migrant workers.

The Human Rights of Migrant Workers

The Price of Rights ◽

10.23943/princeton/9780691132914.003.0002 ◽

2013 ◽

Author(s):

Martin Ruhs

Keyword(s):

Human Rights ◽

United Nations ◽

Migrant Workers ◽

Legal Issues ◽

Key Factors ◽

National Interests ◽

Citizenship Rights ◽

Nation States ◽

United Nations Convention ◽

This chapter examines why so few countries have ratified international legal instruments for the protection of the rights of migrant workers. The existing literature has identified a host of legal issues and complexities as well as a lack of campaigning and awareness of the United Nations Convention on Migrant Workers (CMW) and other international conventions as key factors. The chapter argues that the primary explanation for the low level of ratifications of international migrant rights conventions lies with the effects of granting or restricting migrant rights on the national interests of migrant-receiving countries. It concludes by conceptualizing migrant rights as a subset of citizenship rights and suggests that policy decisions about the regulation of the rights of different types of migrant workers are, in practice, an integral part of nation-states' overall labor immigration policies.