GLOBAL RATIFICATION GAPS IN THE UN MIGRANT WORKERS CONVENTION: LEGAL RISKS FOR INDONESIAN MIGRANT WORKERS ABROAD

Abstract

This article aims to examine the legal and human rights consequences of the low number of countries that have ratified the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, as well as the reasons behind the limited participation of labor-receiving countries. This research uses a normative legal approach by analyzing international legal instruments and the practices related to the protection of migrant workers. The results show that the small number of ratifications has made migrant workers in non-ratifying countries more vulnerable to various human rights violations, such as unpaid wages, exploitative working hours, physical or sexual abuse, and arbitrary deportation. Countries that have ratified the convention have a legal obligation under international law to apply the protection rules stated in the convention, which helps strengthen the guarantee of rights for migrant workers. Moreover, the low level of ratification also prevents the formation of a global standard and creates an imbalance of responsibility, where sending countries are often more proactive in legal protection, even though they do not have direct control over the conditions faced by their workers abroad. One of the main reasons for the slow ratification by receiving countries is that migrant worker protection is still not seen as a political priority. In addition, ratification is often viewed as a burden on the legal and financial system because it requires the fulfillment of many social, economic, and cultural rights, including those for undocumented migrant workers. Therefore, the low rate of ratification of this convention has caused a serious gap in protection and needs more attention from the international community.