Through our work and the work of our partners on the ground, we found that there are several lacunae in legal and institutional channels for how migrants may secure justice for themselves. In cases that require intervention either in the form of legal aid, translation (from Arabic to English for example) or financial, migrants across the Middle East often resort to means outside the established system of complaint registration and resolution.
Throughout the migration process, migrants, particularly undocumented, face injustices of a legal nature. From recruitment to repatriation, they are faced with continued dilemmas of risking arrest. The conditions to the access to justice for workers are particularly affected by employment, gender, the capacity of the country of origin and their stage of the migration process.
Migration, as a complex phenomenon, renders the migrant, knowingly and otherwise, reliant on the legislative and enforcement institutions of the countries of destination and missions of the countries of origin in the former. Primarily, the question we and our members/partners on the field, seek to answer in our work is that of ensuring the self-reliance of the worker while protecting their rights. However, that becomes overwhelming when migrants have little to few rights (despite current changes) and face continued discriminatory attitudes from local authorities and the incapacity of their own missions to help them.
The attached report is Migrant Forum in Asia’s contribution to the report of the UN Special Rapporteur on the Human Rights of Migrants on the issue of access to justice. Please find below the link to MFA’s full report on access to justice.