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31. Human Rights of Non-Status Migrants in Japan

Author:
Kazue Takamura and Erik Martinez Kuhonta
Publication Date:
01-2017
Content Type:
Policy Brief
Institution:
Institute for the Study of International Development, McGill University (ISID)
Abstract:
Japan employs a mandatory detention policy toward non-status migrants, including asylum-seekers. This practice triggers a set of human rights concerns that are in conflict with international human rights law. The number of asylumseekers has increased sharply from 1,202 in 2010 to 10,901 in 2016. Yet, the country’s refugee acceptance rate was a record low of 0.25 percent. Migrant detainees often experience fundamental human rights violations, including the lack of access to legal representation, prolonged periods of detention, inadequate health care, and unexplained deaths in detention facilities. Japan’s immigration authorities normalize their closed-door policies toward asylum-seekers by questioning the “refugeeness” of asylumseekers and labeling them as “fake asylum-seekers.” It is necessary to facilitate active and sustainable multi-stake holders’ collaboration among NGOs, municipal governments, health professionals, lawyers, and scholars in order to challenge the state’s human rights violations toward migrants.
Topic:
Human Rights, International Law, Immigration, Asylum, and Migrant Workers
Political Geography:
Japan and Asia

32. Qatar Labor Law Change: Archaic ‘Kafala’ system abolished, but is life better for Qatari migrant workers?

Author:
Kushagra Pokhrel
Publication Date:
01-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
Facing international criticism, in 2015, Qatar promulgated a new law regulating treatment of migrant workers – replacing the old Kafala (Sponsorship) system which tied the employment, as well as the immigration status, of a migrant worker to his or her employer. The Kafala system, which allowed the sponsor (often the worker’s employer) full control over a worker’s entrance and exit from Qatar, as well as their ability to transfer employment while in the country, was routinely accused of generating conditions of extreme worker abuse, including that of Forced Labor. Having been in effect since December 2016, the new Public Law No. 21 of 2015 does not, however, protect workers from the most serious abuses that came to typify Qatar’s construction industry as well as other low paying labor sectors. While the language has been altered – using the word Recruiter, instead of Sponsor as done previously – and there are modest alterations on job transfer and exit requirements, the new law, nonetheless, keeps the most exploitative features of old system largely intact. Under Article 8, it is still incumbent upon the Recruiter to acquire Residency Permit for its employees, with no consequences for the Recruiter for a failure to do so. Many laborers previously living under risk of deportation due to lack of Residency Permits find their situation unchanged under the new law.
Topic:
Human Rights, Migration, Labor Issues, and Migrant Workers
Political Geography:
Qatar and Persian Gulf

33. The Recruitment of Migrant Workers By London Science and Technology Firms

Author:
Oxford Economics
Publication Date:
08-2016
Content Type:
Commentary and Analysis
Institution:
Oxford Economics
Abstract:
Access to talent is central to London’s competitiveness. It is important that all companies can recruit the skills and experience they need to innovate and grow. Tier 2 of the UK’s visa system is the main economic route for skilled immigration from outside the European Economic Area (EEA), where the position cannot be filled by a UK/EEA national or is on the Shortage Occupation List. This report assesses the extent to which start-ups and SMEs, particularly those in the science and technology sectors, have difficulties in recruiting from outside the EEA through Tier 2. It finds that while some firms are undoubtedly facing challenges, the problem is not especially widespread across the science and technology sector as a whole. However, at least some employers are encountering difficulties with Tier 2 and a faster, better-supported, and simpler process would make a real difference to employers.
Topic:
Science and Technology, Labor Issues, Employment, and Migrant Workers
Political Geography:
United Kingdom and Europe

34. How do urban migrants access land and services in African cities?

Author:
Luke Fuller
Publication Date:
06-2015
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
Africa is on the move. Cities across the continent are continuing to grow, shrink, and transform in response to the demographic and economic pressures that drive urban migration. By conservative estimates, every hour Dar es Salaam, Tanzania is growing by 47 people; Kinshasa, DR Congo by 53 people; and Lagos, Nigeria by 58. Today about 40 percent of Africans are city dwellers, and that number will rise to nearly 60 percent by 2050 as sub-Saharan cities swell with 800 million new residents. This tremendous shift in where people live represents a major opportunity to guide development, but it also raises important questions. In places where land is scarce and expensive, how do urban migrants find a foothold? What opportunities or anchors do people use to establish themselves in the city? How do they buy or rent land for their own use and welfare? And what does this mean for governments?
Topic:
Demographics, Urban, Cities, and Migrant Workers
Political Geography:
Africa

35. Migrant Workers’ Access to Justice at Home: Nepal

Publication Date:
06-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Much attention has been directed to the exploitation of low-wage migrant workers in the Middle East, where harms are commonplace and severe, and access to justice is limited. But the story of labor migration begins and ends at home. Migrant Workers’ Access to Justice at Home: Nepal is the first comprehensive analysis of how laws and institutions in Nepal succeed or fail in protecting migrant workers from harms suffered during recruitment or while working in the Middle East. The study finds that despite Nepal’s efforts to protect migrant workers, it often falls short in holding private recruitment companies and individual agents accountable. The report presents detailed short- and long-term recommendations for government and civil society advocates that address the failures of Nepal’s migrant worker policies by treating workers as holders of defined, enforceable rights.
Topic:
Civil Society, Human Rights, Migration, Labor Issues, Justice, Migrant Workers, and Political Rights
Political Geography:
Asia and Nepal

36. Ethnic Origin and Disability Data Collection in Europe: Measuring Inequality—Combating Discrimination

Publication Date:
11-2014
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The report Ethnic Origin and Disability Data Collection in Europe: Measuring Inequality—Combating Discrimination is published within the framework of the Equality Data Initiative, a project launched by the Open Society Foundations in collaboration with the Migration Policy Group and the European Network Against Racism to increase awareness within the European Union for the need to collect reliable data for groups at risk of discrimination. The report challenges the commonly held view in Europe that the collection of disability and ethnic data is categorically prohibited. It voices the necessity to involve the affected communities in the process of defining best practices and to respect binding core principles of data collection such as self-identification of the data subject and consent-based, voluntary, and anonymized data collection. The focus of the research is on Bulgaria, Germany, Hungary, Ireland, Romania, and Sweden in the field of public education and on France in the field of public employment. Most of these EU member states collect data about their citizens in one or other way. However—as the report suggests—their methods lead to results that are either inaccurate or unreliable. The report makes recommendations for action at both the national and EU levels in order to achieve effective change in the field of equality data and to use data to promote equal treatment. Advocacy and strategic litigation are needed to steer national debates away from taboos, and question unlawful, harmful, or simply unsuitable data collection practices, and to call for the inclusion of disability and ethnic minority communities in the process. The European Commission and other EU institutions can provide guidance in this process by issuing recommendations and guidelines on equality data collection.
Topic:
Migration, Science and Technology, European Union, Citizenship, Discrimination, Disability, Data, Digital Policy, and Migrant Workers
Political Geography:
Europe

37. Migrant Workers’ Access to Justice at Home: Indonesia

Publication Date:
10-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. Many are women who suffer abuse and exploitation when they work abroad but have virtually no access to recourse within their host country’s legal system. The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Migrant Workers’ Access to Justice at Home: Indonesia is the first comprehensive study of migrant workers’ access to justice in their country of origin. A collaborative effort by the Open Society International Migration Initiative, the Tifa Foundation, and the Migrant Worker Access to Justice Project, the report analyzes how migrant workers may access justice in Indonesia, and identifies the systemic barriers that prevent them from receiving redress for harms they suffer before, during, and after their work abroad. The report also provides recommendations for improving access to justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others. Migrant Workers’ Access to Justice at Home: Indonesia is an important contribution to advancing the rights of migrant workers and will serve as a valuable guide for civil society groups in Indonesia and elsewhere to better understand, use, and test existing justice mechanisms to enforce migrant workers’ rights.
Topic:
Migration, Labor Issues, Employment, Economic Policy, Justice, Migrant Workers, and Legal Sector
Political Geography:
Indonesia and Middle East

38. Position Paper: Bringing migrant detention into line with human rights standards

Author:
Costanza Hermanin
Publication Date:
06-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
On the occasion of the 2013 review of the implementation of the Return Directive, this position paper encourages the European Commission to consider whether to adopt updated guidelines. It urges member states to consider adopting legislation to bring procedural safeguards and minimum conditions in line with human rights standards whenever detention is used during the return process.
Topic:
Human Rights, Migration, Law, European Union, Legislation, Migrant Workers, and Political Rights
Political Geography:
Europe

39. Education for Migrant, Minority and Marginalised Children in Europe

Publication Date:
01-2008
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In 2007, the Open Society Institute Education Support Program launched the Education for Migrants, Minorities and Marginalized children in Europe (EMMME) project to investigate the impact of education on social inclusion and issues of injustice in education for migrant children in Europe. EMMME research and mapping suggests considerable and growing disparities in access to quality education and increasing segregation in European schools. During the course of the EMMME project, two separate but interlinked documents were produced: Education for Migrant, Minority and Marginalized Children in Europe and Making the Mark? An Overview of Current Challenges in the Education for Migrant, Minority, and Marginalized Children in Europe. Education for Migrant, Minority and Marginalized Children in Europe collates up-to-date evidence on the educational realities that confront migrants, minorities, and marginalized groups in the European Union. The report identifies policy responses, legislative frameworks and local initiatives that seek to improve the educational position of children from migrant and minority groups. The reviewed literature emanates primarily from four countries in which groups with a migrant background make up a significant proportion of the national and school-going populations: France, Germany, the Netherlands, and the United Kingdom.
Topic:
Education, Health, Minorities, Children, Marginalization, and Migrant Workers
Political Geography:
United Kingdom