Open Society Foundations: Bassina Farbenblum, Eleanor Taylor-Nicholson, Sarah Paoletti
This report is the first comprehensive study of migrant workers’ access to justice in their country of origin. Using the case study of Indonesian migrant workers who travel to work in the Middle East, it analyses the mechanisms through which those 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. It also outlines the laws, policies and procedures that govern the operation of each redress mechanism, and analyzes the legal frameworks that govern migrant work- ers’ relationships with Indonesian private and public actors more generally. Finally, the report sets out detailed findings on migrant workers’ access to justice overall, as well as findings specific to each redress mechanism. It concludes with recommendations for improving access to justice in 11 key areas, addressed to government, parliament, civil society, donors, and others.
The findings and recommendations made in this report are based on interviews and focus groups conducted in Indonesia in 2012, involving 75 returned migrant workers and their families, as well as representatives from civil society organizations, government ministries and departments, and migrant worker recruitment and insurance companies, as well as legal academics.