Background

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Access to justice is central to making human rights – including labour rights – a reality for all individuals and all workers, including migrant workers. Migrant workers should have access to free or affordable grievance mechanism, guarantee effective and appropriate remedies without fear of retaliatory measures – including blacklisting, detention or deportation – regardless of their legal status, personal identity, absence or presence in the State (ILO GPOG).

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However migrant workers continue to face major barriers in seeking remedy when something goes wrong. Migrants’ ability to access justice in jurisdictions where they are no longer present is near impossible, due to legal complexity, lack of awareness and resources as well as dedicated support to navigate the systems:

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• Legal and Administrative Complexity: Navigating cross-border justice involves complex legal procedures that can be daunting for migrant workers. Differences in legal systems, languages, and documentation requirements between countries create significant barriers to accessing justice post-return.

• Lack of Legal Awareness and Information: Many migrant workers and worker-facing organizations are not aware of available mechanisms to access justice across borders or their rights under bilateral/international agreements and domestic law.

• Access to Support Services: Limited access to support services such as legal aid organizations, counseling services, or NGOs specializing in migrant rights are an effective barrier to navigating cross-border justice mechanisms effectively.

• Financial Constraints in accessing cross-border justice, including costs associated with legal representation, translation services, travel expenses for hearings or meetings, and fees related to filing claims or appeals in both the host country and their country of origin.

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The COVID-19 pandemic put a spotlight on the struggle migrants face when seeking justice post return.  Hundreds of thousands of migrants were victims of non-payment of wages/wage theft; many repatriated without their grievance heard, with no means to access justice after repatriation. The pandemic was also a catalyst to drive digital transformation in court proceedings, such as allowing remote access or digital document submission. However, these changes have been slow to trickle down to benefit migrant workers. More targeted effort is required to facilitate access to justice across borders utilizing technology.

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The option of pursuing justice using digital technology across borders could very well ensure that migrant workers do not resign themselves to hopelessness but are empowered to pursue justice due to them.

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Session description

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Organized by the International Organization for Migration (IOM), in collaboration with Migrant Forum in Asia, this session will explore how digital technology can be used to access justice across borders for migrant workers.

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Objectives

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• Identify good practices in relation to the use of digital technology in access to justice across borders for migrant workers

• Provide recommendations in line with how digital technology can be utilized to facilitate access to justice across boarders

• Provide recommendations on how court decisions can be enforced across borders to benefit migrant workers

• Explore opportunities for the private sector, social partners and the state in supporting this approach to remedy

 

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