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Migrant Workers' Access to Justice at Home: Indonesia

Migrant Workers' Access to Justice Series (Open Society Foundations), Forthcoming

UNSW Law Research Paper No. 2013-75

U of Penn Law School, Public Law Research Paper No. 13-26

193 Pages Posted: 2 Nov 2013 Last revised: 25 Nov 2013

Bassina Farbenblum

University of New South Wales (UNSW)

Eleanor Taylor-Nicholson

University of New South Wales (UNSW)

Sarah Paoletti

University of Pennsylvania Law School

Abstract

Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. They are typically women from small cities or villages with primary education and limited work experience, hired to perform domestic work. Many suffer abuse and exploitation but have virtually no access to recourse within their host country’s legal system.

The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Access to justice at home also allows for redress when home governments and private recruitment businesses breach their legal responsibilities to migrant workers.

‘Migrant Workers’ Access to Justice at Home: Indonesia’ is the first comprehensive study of migrant workers’ access to justice in their country of origin. The report analyses the mechanisms through which migrant workers may access justice in Indonesia, and the systemic barriers that prevent most workers from receiving full redress for harms that they suffer before, during, and after their work abroad.

The report also outlines the laws, policies, and procedures that govern the operation of each redress mechanism, and contains recommendations for improving access to justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others.

‘Migrant Workers’ Access to Justice at Home: Indonesia’ provides a strong evidence-based foundation for advocacy and law reform within Indonesia and globally. It can also function as a guide for civil society groups in Indonesia to better understand, use, and test existing justice mechanisms to enforce migrant workers’ rights.

Keywords: migrant, migrant worker, labor migrant, labor migration, temporary worker, guest worker, domestic worker, sending country, country of origin, home country, access to justice, compensation, recruitment, insurance, human rights, labour rights, worker rights, Indonesia, Middle East, Gulf, Saudi Arabia

Suggested Citation

Farbenblum, Bassina and Taylor-Nicholson, Eleanor and Paoletti, Sarah, Migrant Workers' Access to Justice at Home: Indonesia. Migrant Workers' Access to Justice Series (Open Society Foundations), Forthcoming; UNSW Law Research Paper No. 2013-75; U of Penn Law School, Public Law Research Paper No. 13-26. Available at SSRN: https://ssrn.com/abstract=2347853

Bassina Farbenblum (Contact Author)

University of New South Wales (UNSW) ( email )

Sydney, NSW 2052
Australia

Eleanor Taylor-Nicholson

University of New South Wales (UNSW) ( email )

Sydney, NSW 2052
Australia

Sarah Paoletti

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

HOME PAGE: http://www.law.upenn.edu/cf/faculty/paoletti/

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