The relationship between the Netherlands’ state policy and migrants in an irregular situation is mediated by international and EU conventions, agreements and Directives. This study will suggest...Show moreThe relationship between the Netherlands’ state policy and migrants in an irregular situation is mediated by international and EU conventions, agreements and Directives. This study will suggest that victims’ protection safeguards are not fully in place, especially for undocumented migrants. This research provides an overview of the provisions for the protection of the basic human rights of undocumented migrants in particular, as the most vulnerable group of migrants. The study suggests that the effectiveness of legal protection provisions depends on how these provisions are formulated and also on their practical application in specific cases. Recognition of undocumented people’s rights includes the important issue, which is focused on in this study, of the undocumented as victims of criminal forms of labor exploitation. Therefore this research focuses on the implementation of these safeguards through the study of three cases of three undocumented Indonesian migrants in the Netherlands in attaining their rights and protection as victims of labor exploitation. Being undocumented has put them in a precarious situation when it comes to reporting crime to the police, and then accessing justice for prosecution and reparations. A related study has been conducted by the EU Agency for Fundamental Rights on labor exploitation in EU member states more generally. However, this study seeks to fill a gap in empirical studies by interviewing and reporting on, and analyzing the accounts of Indonesian undocumented migrants in particular, about their experiences in relation to crimes of labor exploitation in the case of the Netherlands. This is the knowledge gap this research seeks to address. The study’s findings tend to confirm the view that irregular migrants can be understood both as victims of labor exploitation crimes, and as agents seeking justice within the provisions of what is possible, given the priority of the Dutch authorities with protection of the national territory and labor market from ‘unauthorized migrants’.Show less
