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Trapped in Forced Labor and Discrimination: Cambodian Migrant Domestic Workers under the Memorandum of Understanding between Malaysia and Cambodia on the Recruitment and Employment of Domestic Workers

Chhour, Vongdarareach LU (2020) JAMM07 20201
Department of Law
Faculty of Law
Abstract
Following the suspension of sending Cambodian migrant domestic workers (MDWs) to Malaysia in 2011, Cambodian and Malaysia have recently promulgated the Memorandum of Understanding (MOU) on the Recruitment and Employment of Domestic Workers. The purpose of this study is to examine the implications of the MOU on the human rights of Cambodian MDWs and to assess the compatibility of the MOU with International Human Rights Law. Using the legal dogmatic method and comparative legal method, the study analyzed the implications of the MOU on the fundamental human rights of Cambodian MDWs, specifically the elimination of all forms of forced or compulsory labor and the elimination of discrimination in respect of employment and occupation. The MOU is... (More)
Following the suspension of sending Cambodian migrant domestic workers (MDWs) to Malaysia in 2011, Cambodian and Malaysia have recently promulgated the Memorandum of Understanding (MOU) on the Recruitment and Employment of Domestic Workers. The purpose of this study is to examine the implications of the MOU on the human rights of Cambodian MDWs and to assess the compatibility of the MOU with International Human Rights Law. Using the legal dogmatic method and comparative legal method, the study analyzed the implications of the MOU on the fundamental human rights of Cambodian MDWs, specifically the elimination of all forms of forced or compulsory labor and the elimination of discrimination in respect of employment and occupation. The MOU is believed to expose Cambodian MDWs to forced labor situations, including trafficking in persons (TIPs), and discrimination in respect of employment and occupation. Their vulnerability is further compounded by the lack of access to justice under the MOU and related Malaysian legislation. In addition, the study discovered that a majority of the MOU’s provisions are incompatible with or violate International Human Rights Law Standards, which either Malaysia or Cambodia is a State Party to; are recognized as the fundamental principles and rights at work by the ILO and other human rights treaty bodies; or are invoked by national courts and tribunals of non-ratified States. The research has definitively answered questions concerning the implications of the MOU on the human rights of Cambodian MDWs and the compatibility of the MOU with International Human Rights Standards. However, further studies are needed on the aspects of child labor, freedom of association, occupational and safety health, labor inspection, social security benefits, and repatriation. (Less)
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author
Chhour, Vongdarareach LU
supervisor
organization
course
JAMM07 20201
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Cambodian Migrant Domestic Workers, Cambodia, Malaysia, Memorandum of Understanding, ILO Convention (No.189), International labor standards, International human rights standards, Terms and conditions of employment, Admission procedures and recruitment practices, Access to justice, Forced labor, Trafficking in Persons, Discrimination in respect of employment and occupation
language
English
id
9031624
date added to LUP
2020-11-04 18:40:01
date last changed
2020-11-04 18:40:01
@misc{9031624,
  abstract     = {{Following the suspension of sending Cambodian migrant domestic workers (MDWs) to Malaysia in 2011, Cambodian and Malaysia have recently promulgated the Memorandum of Understanding (MOU) on the Recruitment and Employment of Domestic Workers. The purpose of this study is to examine the implications of the MOU on the human rights of Cambodian MDWs and to assess the compatibility of the MOU with International Human Rights Law. Using the legal dogmatic method and comparative legal method, the study analyzed the implications of the MOU on the fundamental human rights of Cambodian MDWs, specifically the elimination of all forms of forced or compulsory labor and the elimination of discrimination in respect of employment and occupation. The MOU is believed to expose Cambodian MDWs to forced labor situations, including trafficking in persons (TIPs), and discrimination in respect of employment and occupation. Their vulnerability is further compounded by the lack of access to justice under the MOU and related Malaysian legislation. In addition, the study discovered that a majority of the MOU’s provisions are incompatible with or violate International Human Rights Law Standards, which either Malaysia or Cambodia is a State Party to; are recognized as the fundamental principles and rights at work by the ILO and other human rights treaty bodies; or are invoked by national courts and tribunals of non-ratified States. The research has definitively answered questions concerning the implications of the MOU on the human rights of Cambodian MDWs and the compatibility of the MOU with International Human Rights Standards. However, further studies are needed on the aspects of child labor, freedom of association, occupational and safety health, labor inspection, social security benefits, and repatriation.}},
  author       = {{Chhour, Vongdarareach}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Trapped in Forced Labor and Discrimination: Cambodian Migrant Domestic Workers under the Memorandum of Understanding between Malaysia and Cambodia on the Recruitment and Employment of Domestic Workers}},
  year         = {{2020}},
}