The use of Online Dispute Resolution (ODR) systems and platforms, with its multi-language, remote access
and affordability features can improve access to justice for migrant workers. Migrants can lodge and pursue
claims even if they are outside the country. It also increases their options to get specialist legal aid and pro
bono technical and legal assistance from diverse institutions and organisations. (Faal, 2021)
In fact, technological infrastructure if inclusive and targeted towards social justice for vulnerable
populations, can be used to predict, pre-empt and prevent injustices – particularly, in commonly reported
situations of housing and sanitation, health and safety at work, human trafficking, unfair and prejudicial
criminal prosecution of migrants, harsh and disproportionate punishment of migrant convicts, etc.
Furthermore, technology, without compromising on legality, can be leveraged within these digital courts
and address power differentials for repatriated workers (wherein workers coming home might be more
confident to pursue their case in the presence of support systems). Finally, it can save huge legal costs that
usually become a detriment for both victims and their legal aid to fully pursue the case.
If systems could be created, adapted and maintained for commercial disputes, why can it not be enabled for
those who have been repatriated – which could be easily facilitated by Missions of COD in the COO, as well
as through setting up of tele-trials facilities via Missions of COO? Despite its ease in replicability, the lack of
action in implementation can be taken as hesitation on the part of state actors to pursue justice for systemic
forms of labour abuse.
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