scholarly journals review jurnal pelanggaran HAM terhadap TKI di malaysia

2021 ◽  
Author(s):  
Rahmat Amir
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Qualitative Method ◽  
Analytical Techniques ◽  
Domestic Workers ◽  
Transnational Crime ◽  
Human Rights Violations ◽  
Trafficking In Persons ◽  
Descriptive Research ◽  
Economy Condition

Malaysia is a main destination for Indonesian labors in Southeast Asia. Indonesian Labors that worked in Malaysia wanted to fix their family’s economy condition, but their existence is thus vulnerable to human rights violations in particular domestic workers sector. Cases of human rights violations experienced by Indonesian Labors in Malaysiainclude trafficking in persons for labor which is a form oftransnational crime. This research aims to know the human rights violations experienced by the labor of Indonesia in Malaysia period 2011-2013. This research is using a qualitative method with descriptive research analytical techniques type through research studies of the literature and interviews. This research uses the concept of human rights and theory of transnational crime in liberalism paradigm. The results obtained from this research indicate that human rights violations experienced by Indonesian labor domestic workers sector in Malaysia happened during the pre-labor placement and the placement period

scholarly journals review jurnal pelanggaran HAM terhadap TKI di malaysia

2021 ◽  
Author(s):  
Rahmat Amir
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Qualitative Method ◽  
Analytical Techniques ◽  
Domestic Workers ◽  
Transnational Crime ◽  
Human Rights Violations ◽  
Trafficking In Persons ◽  
Descriptive Research ◽  
Economy Condition

Malaysia is a main destination for Indonesian labors in Southeast Asia. Indonesian Labors that worked in Malaysia wanted to fix their family’s economy condition, but their existence is thus vulnerable to human rights violations in particular domestic workers sector. Cases of human rights violations experienced by Indonesian Labors in Malaysiainclude trafficking in persons for labor which is a form oftransnational crime. This research aims to know the human rights violations experienced by the labor of Indonesia in Malaysia period 2011-2013. This research is using a qualitative method with descriptive research analytical techniques type through research studies of the literature and interviews. This research uses the concept of human rights and theory of transnational crime in liberalism paradigm. The results obtained from this research indicate that human rights violations experienced by Indonesian labor domestic workers sector in Malaysia happened during the pre-labor placement and the placement period

The Experience of Volunteers and Frontline Workers in Marginalized Communities Across Southeast Asia

2019 ◽  
pp. 93-111
Author(s):  
Chuah Siew Mooi ◽  
Ann Nicole Nunis
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Human Rights Violations ◽  
Marginalized Communities ◽  
Frontline Workers ◽  
The Past ◽  
Stigma And Discrimination ◽  
Hiv Aids

This chapter focuses on the experience of volunteers and frontline workers who serve in marginalized communities across Southeast Asia. More frontline workers and volunteers are taking the initiative to support marginalized communities in the region. With the rise of human rights violations towards marginalized communities in the past decade, frontline workers and volunteers face unique experiences in working with these communities, ranging from stigma and discrimination to unaddressed levels of burnout. Based on the authors' experiences working with these communities and the summary of the interviews with fellow frontline workers, the experience of working with marginalized communities, particularly those affected by HIV/AIDS and refugees, are elaborated in this chapter. Current challenges as well as recommendations are highlighted to ensure that the frontline workers and volunteers are supported throughout their vital work towards society.

scholarly journals Clinging to a knife’s edge: the Live-in Caregiver Program

2021 ◽  
Author(s):  
Leona Carmelita Pagunuran Canay
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
Immigration Policies ◽  
Political Rights ◽  
Colonial History ◽  
Feminist Thought ◽  
Foreign Domestic Workers ◽  
Narrative Interviewing

Since the 1900s, Canada has heavily relied on foreign domestic workers. This program has evolved over the years into what is currently known as the Live-in Caregiver Program (LCP). It is rooted in our colonial history and has reproduced power imbalances between employers and caregivers. Challenging dominance is a difficult task given that immigration policies perpetuate inequalities through the denial of social, economic and political rights to caregivers. I selected this topic based on my experiences as a live-in caregiver with this program. This study uses anti-colonialism and feminist thought to examine the experiences of three former LCP workers. Through narrative interviewing, the findings indicate that the live-in requirement of the LCP has contributed to the abuse, exploitation and marginalization of these caregivers. The study concludes with a discussion of the ways in which the structure of the program can be modified to prevent further exploitation and human rights violations.

Domestic Workers’ Human Rights Versus Diplomatic Immunity: Developments in International and National Jurisprudence

2013 ◽  
Vol 22 (1) ◽  
pp. 201-220 ◽  
Author(s):  
Fulvia Staiano
Keyword(s):  
Human Rights ◽  
International Law ◽  
Legal Protection ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Diplomatic Immunity

Diplomatic immunities significantly contribute to a protection gap for domestic workers in diplomatic households who are victims of egregious forms of exploitation and abuse, and thus, of serious human rights violations. The abuse of such immunities by diplomatic agents in order to shun judicial review by the courts of the receiving States constitutes indeed a serious obstacle to obtaining redress. The resulting conflict between international rules on immunity and domestic workers’ human rights epitomizes the increasingly frequent challenges posed by international human rights law to classic rules of international law, and raises the issue of how to find balanced solutions to such conflicts. Against this background, the uncertain and discretional character of diplomatic measures prevents them from constituting a tool of legal protection for domestic workers experiencing human rights violations. With that in mind, this contribution inquires on alternative remedies available in international and domestic law, with a specific focus on the relationship between international rules on immunities and two other bodies of law, i.e. international human rights law and peremptory norms of international law.

The Experience of Volunteers and Frontline Workers in Marginalized Communities Across Southeast Asia

2021 ◽  
pp. 1160-1178
Author(s):  
Chuah Siew Mooi ◽  
Ann Nicole Nunis
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Human Rights Violations ◽  
Marginalized Communities ◽  
Frontline Workers ◽  
The Past ◽  
Stigma And Discrimination ◽  
Hiv Aids

This chapter focuses on the experience of volunteers and frontline workers who serve in marginalized communities across Southeast Asia. More frontline workers and volunteers are taking the initiative to support marginalized communities in the region. With the rise of human rights violations towards marginalized communities in the past decade, frontline workers and volunteers face unique experiences in working with these communities, ranging from stigma and discrimination to unaddressed levels of burnout. Based on the authors' experiences working with these communities and the summary of the interviews with fellow frontline workers, the experience of working with marginalized communities, particularly those affected by HIV/AIDS and refugees, are elaborated in this chapter. Current challenges as well as recommendations are highlighted to ensure that the frontline workers and volunteers are supported throughout their vital work towards society.

Disrobed and dissenting bodies of the Meira Paibi: Postcolonial counterpublic activism

2019 ◽  
Vol 4 (3) ◽  
pp. 239-252
Author(s):  
Minu Basnet
Keyword(s):  
Human Rights ◽  
Southeast Asia ◽  
Postcolonial Studies ◽  
The State ◽  
Human Rights Violations ◽  
Northeast Region ◽  
The Face ◽  
The Creation

In this essay, I explore Manipur-based women’s group called Meira Paibi as a postcolonial counterpublic. I suggest that when we use the lens offered by counterpublic studies and postcolonial studies, we can trace activism that delivers a sharp critique on the politics of a democracy. The current research on Meira Paibi’s activism has specifically focused on their naked protest of 2004 and their peacebuilding activities in the northeast region in India. While scholarship on the Meira Paibi offers critiques on their activism in the face of human rights violations and the postcolonial condition of the state, their impact in relation to the Indian democracy is lacking. Therefore, in this essay, I focus on the creation of the Meira Paibi postcolonial counterpublic that not only seeks to maintain order in the midst of chaos but also challenges the Indian democracy and poses a threat to its neoliberal aspirations in Southeast Asia.

scholarly journals Clinging to a knife’s edge: the Live-in Caregiver Program

2021 ◽  
Author(s):  
Leona Carmelita Pagunuran Canay
Keyword(s):  
Human Rights ◽  
Social Economic ◽  
Domestic Workers ◽  
Human Rights Violations ◽  
Immigration Policies ◽  
Political Rights ◽  
Colonial History ◽  
Feminist Thought ◽  
Foreign Domestic Workers ◽  
Narrative Interviewing

Since the 1900s, Canada has heavily relied on foreign domestic workers. This program has evolved over the years into what is currently known as the Live-in Caregiver Program (LCP). It is rooted in our colonial history and has reproduced power imbalances between employers and caregivers. Challenging dominance is a difficult task given that immigration policies perpetuate inequalities through the denial of social, economic and political rights to caregivers. I selected this topic based on my experiences as a live-in caregiver with this program. This study uses anti-colonialism and feminist thought to examine the experiences of three former LCP workers. Through narrative interviewing, the findings indicate that the live-in requirement of the LCP has contributed to the abuse, exploitation and marginalization of these caregivers. The study concludes with a discussion of the ways in which the structure of the program can be modified to prevent further exploitation and human rights violations.

scholarly journals Human Rights Norm Diffusion in Southeast Asia

2018 ◽  
Vol 2 (1) ◽  
pp. 248
Author(s):  
Stanati Netipatalachoochote ◽  
Prof.Dr. Ronald Holzhacker ◽  
Prof.Dr. Aurelia Colombi Ciacchi
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Southeast Asia ◽  
International Criminal Court ◽  
International Criminal ◽  
The Philippines ◽  
Criminal Court ◽  
Civil Society Organizations ◽  
Human Rights Violations ◽  
Extrajudicial Killing

Abstract Civil Society Organizations (CSOs) have played an increasingly vocal role in their struggle to advance both human rights protection and promotion in Southeast Asian countries. Most notably, CSOs have become a more important actor in dealing with human rights issues in particular by virtue of their role in drawing attention to human rights violations. In the case of massive human rights violations happening in Southeast Asia, CSOs pursue various strategies to address and try to end such abuses. Spreading information of human rights violations occurring in each member state to regional peers, and then finding new allies such as international organizations to put pressure back to human rights-violating states, in what is characterized as a dynamic of the boomerang model, one of the prominent strategies CSOs use to relieve human rights violations. Another strategy recently observed involves CSOs reaching out to powerful judicial institutions whose decisions can be legally binding on a violating state. Spreding This paper applies the boomerang model theory to the efforts of CSOs, specifically with respect to their work in helping to end the extrajudicial killing of drug dealers in the Philippines during President Duterte’s tenure, to display how the dynamics of the boomerang model works and what this strategy has achieved in terms of ending the extrajudicial killings. Beyond the boomerang model, this paper further demonstrates the strategy of CSOs in reaching out directly to powerful judicial institutions, in this case the International Criminal Court (ICC). The paper discusses why CSOs pursued this strategy of reaching out to the ICC, bypassing the region’s human rights institution—the ASEAN Intergovernmental Commission on Human Rights (AICHR). Keywords: Civil Society Organizations (CSOs); Extrajudicial Killing in the Philippines; The International Criminal Court (ICC). (A previous version of this paper was presented at the 14th Asian Law Institute (ASLI) Conference hosted by the University of Philippines, College of Law (UP) in 19 May 2017. We would like to thank the commentators and the audience for their questions and comments on the paper.)

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