Harmonization of Asean Laws on Protection of Migrant Workers Against Human Trafficking

• Main Authors: Ayub, Zainal Amin, Mohamed Yusoff, Zuryati
• Format: Article
• Language: English
• Published: Fakultas Hukum Universitas Bengkulu 2018
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/31097/1/UBLJ%2003%2002%202018%2001-10.pdf; https://doi.org/10.33369/ubelaj.3.2.99-108; https://repo.uum.edu.my/id/eprint/31097/; https://ejournal.unib.ac.id/index.php/ubelaj/article/view/6898; https://doi.org/10.33369/ubelaj.3.2.99-108

The realization of ASEAN Community 2015 opens a hope of a new era for migrant workers amongst its member countries. The hope is on the comprehensive legal protection for migrant workers against injustice as well as trafficking in the ASEAN Communities. This article aims to looks into the legal framework within few ASEAN countries that provides protection for migrant workers against injustice and human trafficking, and the available recourse to justice for them in case they become the victim of human trafficking. Malaysia becomes the case study as lesson learnt. Doctrinal methodology is adopted in this article. It is found that, in regards to protection of migrant workers, despite the establishment of ASEAN Community 2015, the laws on this regard are scattered. A few members of ASEAN Community are reluctant to embed the protection of migrant workers into their national laws. Also, it is found that ASEAN country like Malaysia has the laws at national level to curb human trafficking of migrant workers. However, though the laws seem to be comprehensive, the effectiveness of its implementation and enforcement of the laws are yet to be seen. It is suggested that the laws on protection of migrant workers to be harmonized and standardised between members of ASEAN Community and the cooperation within members of ASEAN should be enhanced at every level