25 September | 15:00-16:00 ICT

Justice in a Mobile World: Removing barriers to remedy for migrant workers

Background

Labour migration is a defining feature of global economy and is a powerful driver for development. Asia-Pacific region hosts 24 million, or 14.2 per cent, of the global migrant stock . In 2022, Asia-Pacific region received remittance inflows of USD 310.74 billion, comprising 39 per cent of the world total.

However, migrant workers remain at disproportionate risk of human and labour rights violations during recruitment, employment, and life abroad. This includes deception, discrimination, debt bondage, coercion, unequal or unpaid wages. As a result, migrant workers are three times more likely to experience instances of forced labour than non-migrant workers . At the same time, migrant workers face structural and systemic challenges in accessing justice and remedy for human and labour rights violations.

In countries of destination, lack of legal protection remains a key barrier, exacerbated by limited access to legal aid and support services. Often, migrant workers have to leave the country destination before justice processes can be completed, which can be lengthy and costly for migrant workers to pursue. Restrictive pathways for regular labour migration result in many migrant workers going through irregular routes, which further restricts their ability to access grievance mechanisms in host countries. Migrant workers also face restrictions on freedom of association. In countries of origin, debt due to excessive recruitment fees and costs, deposits, and lack of access to accurate information are some of the key challenges preventing migrant workers from seeking justice. An ILO study in Cambodia found that irregular migrant workers were generally not able to access the country’s state-based grievance mechanism.

Migrant workers often fear retaliation or deportation if they speak out against exploitation or abuse by their employers, and they may face language barriers, cultural barriers, and other challenges that impede their ability to seek redress. A recent IOM study in Thailand showed low levels of trust to report their grievances for fears of deportation and lengthy procedures that fail to account for unequal power relations between workers and employers.

The UNGPs envisage that access to effective remedy for business-related human rights abuses should be enabled through a remedy ‘ecosystem’ involving complementary State-based judicial mechanisms, State-based non-judicial grievance mechanisms, and non-State-based grievance mechanisms to ensure the best possible outcomes for rights-holders . Effective state and operational remediation programs should be migrant-centric to enable companies, civil society organizations, and industry groups to directly engage with workers to address human rights issues, thoroughly investigate the issues, provide appropriate resolutions, and develop strategies for mitigation and prevention.

To address existing barriers and challenges, Governments have to further facilitate ways to ensure that migrant workers can access existing justice mechanisms through addressing issues around discrimination, fear of immigration enforcement, lack of trust in authorities, legal protections. Governments should also facilitate migrant worker access to affordable and quality legal aid services, as well as information about their rights and available remedies, improve access to housing and review labour visa regimes to allow stay and continued employment during labour disputes.

Recent years have seen a significant rise in the implementation of regulations pertaining to human rights due diligence, such as Germany's Supply Chain Due Diligence Act (SCDDA) and the EU's Corporate Sustainability Due Diligence Directive (CSDDD). Looking ahead, regulatory compliance means that governments in Asia will need to establish and enforce laws and regulations that protect migrant workers' rights and ensure they have access to effective remedies. For the private sector, regulatory compliance will require companies to integrate remediation programmes in human rights due diligence (HRDD). To ensure that the increasing application of HRDD results in systemic change, companies, governments and civil society must work together to examine the overall migrant worker grievance and remedy ‘ecosystem’ and address any gaps or weaknesses. This collaboration will help to strike a balance between the private sector's responsibility to uphold human rights and the need for state intervention when severe abuses occur.

Session description

The objective of this thematic session is to explore the barriers and enablers for migrant workers to access effective remedy for business-related human rights abuses, and to identify good practices and recommendations for enhancing access to remedy for migrant workers in the Asia-Pacific region.

The specific objectives of the session are to:

Highlight the persistent barriers and challenges faced by migrant workers in accessing effective remedy for business-related human and labour rights abuses, both within and across borders. This includes, intersectional and gendered dimensions of the human rights impacts of business activities on migrant workers, such as women and undocumented migrant workers;
Showcase good practices and initiatives by states, businesses, and other actors in removing barriers and facilitating access to remedy for migrant workers, including through policy, legal, institutional, and operational measures;
Identify key gaps and opportunities for enhancing access to remedy for migrant workers in the Asia-Pacific region, within the context of evolving regulatory environment, and formulate recommendations for action by different stakeholders.

Questions

What are the opportunities for Governments to enhance access to justice and remedy within the context of regular migration pathways given the evolving regulatory frameworks to improve legal protections and practical access for migrant workers?
Embedding remedy in HRDD: what should business do to implement their part in addressing business related harm in a sustainable way? What are the key barriers for business in establishing effective grievance mechanisms and remediation progress? What opportunities will regulatory frameworks, such as the EU CSDDD, bring to businesses in Asia-Pacific?
How can civil society organizations and industry groups effectively enhance migrants’ agency to access mechanisms without fear of retaliation?
In what ways can governments, businesses, and other stakeholders work together to address the intersectional and gendered dimensions of human rights impacts on migrant workers, including undocumented workers, and enhance their access to remedy in the Asia-Pacific region?

Format

One-hour moderated panel discussion with speakers from the private sector, the Government, and civil society, followed by a Q&A with the audience. The session will be held in person, in the English language.