to ensure that migration is a development practice that is accountable for all migrant
workers, irrespective of status. This includes low-wage migrant workers, especially women
migrant workers, who may have less access to formal channels of support due to the nature
of those who work in the domestic sector. Situations of wage theft tend to become more
difficult in the case of female domestic workers as these experiences are usually coupled
with other forms of rights violations which prevent them from seeking justice in the first
place - particularly verbal and physical abuse, deprivation of basic needs such as food or of
access to services such as basic healthcare or treatment.
It has been long overdue for states to stop looking past migrant workers in precarious
situations and have been disadvantaged by their employers. To provide access to justice
for migrant workers is to require duty bearers to recognize workers beyond status. This will
also further allow states to likewise look into an evidence-based approach that will
determine the approximate amount that is lost by migrant workers due to wage theft.
In the end, we should recognize
that repatriation is a sign of the
failure of access to justice. It is
also a failure of SDG 16, of social
inclusion: migrants will always
remain the other in the
repatriation story, and they can
never be one of us in the
destination country.
WILLIAM GOIS, Regional Coordinator
Migrant Forum in Asia (MFA)
at “The Future of Remedy for Migrant
Workers in Asia”
This will not only allow stakeholders to better strategize around what migrant workers need
in terms of robust cross-border justice mechanisms that will allow them to claim their dues,
but it will also calculate the added costs which countries of origin are shouldering for
migration governance which need to be accounted for by countries of destination.
As cases of wage theft against migrant workers continue to be left behind due to failing
justice mechanisms, the potential for sustainable reintegration will continue to diminish. The
potential for migrant workers to maximize the gained skills and knowledge from their
experience in the country of destination is lost along the way as the impacts of wage theft
take away their potential to achieve levels of growth or success upon their return. Migrants
must be empowered with the assurance that they will not only be able to save what they
have earned but with the guarantee that they will be able to bring home what they have
earned. However, without this guarantee of even being able to receive what they have
earned, migrants will continue to contribute to the economic growth of countries of
destination. They will continue to subsidize this growth without achieving any sense of
justice for themselves and will only continue to be demoralized by the systems that have
failed them. As such, states and key stakeholders must come together in urgency to not
only bring justice and empowerment to migrant workers but to also address the growing
loss in development due to the impacts of wage theft. This loss is indicative of an inherently
dysfunctional migration governance framework that needs to be overhauled into one that is
inclusive, sustainable, rights-based, and just.
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