BACKGROUND
The COVID-19 pandemic has severely impacted millions of migrant workers in destination
countries, many of whom have experienced job loss or non-payment of wages, been forced
by employers to take unpaid leave or reduced wages, been confined in poor living conditions,
and with little or no engagement in the work options before them. Many migrant workers
struggled with the dilemma of exercising their right to return in these circumstances, while
others remain stranded in cities without access to services or support, or in border areas, living
in precarious conditions posing as quarantine facilities.
Countries of destination and origin began repatriation procedures of these workers, without
giving thought to their predicament and presenting the returns as inevitable. Thousands of
workers were repatriated to situations of debt bondage as they were forced to pay off
recruitment fees and costs, despite returning empty handed. Repatriation poses additional
challenges, as, without proper controls, employers take advantage of mass repatriation
programs to terminate and return workers who have not been paid their due compensation,
wages and benefits. Without ensuring that companies and employers are doing their due
diligence to protect and fulfil the human rights and labour rights of repatriated migrant
workers, states across the migration corridor become complicit in overseeing procedures
where migrant workers who contributed to the economies and societies of these countries,
return without their earned wages or workplace grievances being heard, nor seeing justice in
their situation.
On 1st June 2020, a large coalition of civil society organizations and trade unions launched an
appeal to governments to establish an “Urgent Justice Mechanism” that addresses the plight
of millions of migrant workers whose wages have been unjustly withheld by their employers.
Subsequently the coalition released 4 more appeals focusing on actions to be taken by UN
bodies, governments, and businesses to take concerted action in engaging with existing cases
of wage theft and lack of justice as well as the creation and maintenance of effective
mechanisms for continued progress.
The first appeal highlighted the basic initiatives to be taken with respect to ensuring workers
access to justice and redressal for current and repatriated workers. The second appeal focused
upon concrete mechanisms to be established such as International Claims Commission,
Compensation Fund, and reforms of national justice systems. The third appeal recommended
responsible actions by business and employers in particular, to prevent labour and human
rights abuse. The fourth appeal commended actions of certain States in recognising the need
for migrant worker protection with further recommendations. The fifth appeal focussed upon
recommendations specialised for countries of origin and destination.
With a dedicated website for Justice for Wage Theft (JWT) campaign, MFA members and
partners have been active in documenting cases received by them and their grassroot-level
workers. This report aims to analyse the cases received in the documentation system as of
January 2021.
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