SITUATION OF ASIAN MIGRANT WORKERS

 

Rex Varona, Executive Director, Asian Migrant Centre

Paper submitted to the IVSCF Conference, 8-10 June 1998, Macau

 

 

"AMC believes that for migrants to address the root cause of labor migration, they must be politically empowered to challenge unsustainable national policies and development strategies. They must be economically enabled to re-integrate into their home countries and help build local, regional and international alternatives to migration." (AMC Brochure, 1997)

Labour migration is a very old phenomenon. Indeed, man started as a nomadic race more than 2,000 years ago. The great ancient civilizations (300 BC, e.g. Greek, Roman, Han) were characterized by the traffic and use of human slaves. The era of colonialism (1500's to early 1900's) resulted in more than 15 million African slaves being brought to South, Central and North America. In the 1800's to 1900's, more than 12 million Chinese, 6 million Japanese and 2 million Indians migrated to east and Southeast Asia. Later in this period, more than 30 million Tamils and Indians were used as indentured labor in British colonies in Asia (Ceylon, Malaysia, etc.). [Villalba, 1996]

Today, the Asian Migrant Centre estimates that there are around 10-15 million Asian migrant workers. While they are not anymore "slaves" or "indentured labor" like in the old days, migrant workers today continue to work in adverse conditions.

 

Deaths & Detention

Philippine NGO's report that, on average, 2 Filipino overseas workers are brought home dead every day. Each year too, young Nepalese workers in South Korea, Filipinos in Taiwan, or Thais in Malaysia are sent home sick, without hands or fingers, or victims of industrial accidents. And who knows how many thousands of Filipino, Thai, Cambodian, Bangladeshi women have beer raped, detained, abused, battered or sent home crazy.

In 1995, the case of Bangladeshi, Filipino and other migrants in Malaysian detention camps way exposed. Many suffered or died from diseases, malnutrition and sub-human treatment. This case illustrates the depths by which migrants can be abused even by the government. A ridiculous turn for this case is that the Malaysian government, in a desperate attempt to suppress the issue, harassed Tenaganita, the NGO that exposed the problem. The government filed a case in court against Tenaganita. This 2-year-old case may be the longest of its kind in Malaysian history.

 

The Asian Crisis: "Double Whammy"

The impact of the ongoing Asian crisis is best summarised by the May Day 1998 joint statement of HK migrants' groups and NGO's:

"The ongoing Asian economic crisis has dramatically demonstrated the extreme vulnerability of Asian migrant workers, particularly women. Migrant workers are the most directly, immediately and adversely hit by the crisis. Migrant workers face a "double whammy": they are being deported - sometimes forcibly- from receiving countries (e.g. Malaysia, Singapore, South Korea, Japan): meanwhile in their home countries (e.g. Philippines, Indonesia, Sri Lanka, etc.) they are being pushed out by the sky-rocketing prices, unemployment, and the deepening economic recession.

"South Korea has already deported more than 45,000 migrants; it plans to deport 146,000 Nepalese, Bangladeshi, Filipino and other migrants by August 1998. In Malaysia, 850,000 foreign workers' permits will not be renewed this year; forcible deportation of Indonesian migrants have been done. In Thailand, more than 30,000 migrants have been deported, including 6,000 Burmese. In Japan, crackdown on undocumented migrants have resulted in crowded prisons in preparation for migrants' deportation. In Hong Kong, while there are no mass deportations, cases of termination have increased. Foreign domestic helpers' wages have been frozen this year, and there are moves to even reduce the minimum wage. Pressure from local trade unions is intensifying to ban the importation of labor.

"All these happen because migrant workers are not treated as human beings, but plain economic 'tools'.  Migrants' human rights are not fully recognized and protected."

 

Summary of Issues and Problems Affecting Migrant Workers

At the risk of oversimplification, the situation of migrant workers can be summarised as follows:

P   Powerless (politically and socially)

E   Excluded (e.g. discriminated against)

R   Risky/Vulnerable situations

I    Insecure future (especially upon return)

L   Large numbers

O  Obligations (debts, dependents)

U   Unprotected (legal protections, rights, social security)

S   Social and family problems (family breakdown, image in society)

 

Powerless

In their own countries, migrant workers don't have any voice in the formal democratic channels -- neither can they vote nor are they effectively (if at all) represented in their home government; therefore, they have no way of formally intervening in government policy-making.

No receiving government provides any channel for representation, even consultation, with migrant workers; no legal/formal rights to intervene or be represented/consulted in foreign country. Migrants usually could not organise. Their human, labour, civil and political rights are not recognised/protected. Therefore, migrants could not create or integrate in social or political movements to advance their rights.

 

Excluded

Migrants are subjected to all kinds of discrimination- because they have a different culture, religion, or color; because they are women (esp. in Middle East); because they are poor or "backward"; or because they usually do the "3D" (dirty, dangerous, demeaning) jobs.

Local workers/unions tend to view migrants as "job stealers" and therefore, tensions or even outright hostility develop between local and migrant workers.

 

Risky/Vulnerable Situations

Undocumented, trafficked, illegally recruited and women migrant workers in general are highly, vulnerable to all forms of abuses (physical, sexual, psychological, etc.) because they are virtue slaves/hostages.

Most migrants are hired, in the first place, because they can be paid cheap and can be assigned to jobs which local refuse to take (3D jobs). Even regular (legal) contract workers usually have no labour protection, no job security; therefore, they are always the first to be sacked when the company or economy in general turns bad.

Migrant workers are usually subjected to arbitrary, discriminatory, highly restrictive work or visa conditions. Victims of abuse, violations or violence have inadequate or no redress mechanism Services are mostly provided by civic/religious and non-government groups; neither sending no receiving government provide adequate hotline services, emergency shelter, counselling, paralegal services, free legal assistance, rehabilitation centers, etc.

Mechanisms are weak or lacking to monitor and report on migrants' rights violations (MRVs) ant demand accountability for such.

 

Insecure Future

Sending countries usually have no return/re-integration programs for returning migrants; there an also no retraining or other schemes to provide opportunity for returned migrants to reenter the labor force. Worse, there are usually no jobs available upon return.

Sending/receiving governments usually don't have programs for migrants to learn productive entrepreneurial and other skills (while abroad); there are no facilities or channels to pool or mobilise migrants' savings for alternative investments. If returned migrants want to engage in entrepreneurial activities, there are no government services or mechanisms to assist them.

Migrants who leave their country become economically and socially uprooted. When they return they are usually too old to be employed again, can't return to their former work, and therefore become unemployed. In the end, they usually end up as cyclical migrants who go home and out until they are too old to work abroad.

 

Large Numbers

Current estimates put the number of Asian migrant workers at more than 10 million (documented and undocumented), at least half are women. With such a large number of exposed and vulnerable workers, abuses are rampant. The tremendous material resources needed to address their need; and problems requires extensive commitment by the government (esp. of the sending country).

 

Obligations

Workers go abroad so that they can provide for their families' needs, education, housing, etc. therefore, migrant workers would usually try to withstand any kind of adverse situation abroad just to fulfill their obligations to their families. Because of astronomical (and usually illegal) fees collected by recruiters, most migrants go overseas already laden with excessive debts; therefore, they are virtual hostages in foreign lands and will suffer anything just to earn money and repay debts back home; otherwise, the family they left behind will be made to repay the debts (e.g. sell house, land, or be imprisoned).

 

Unprotected (laws, social security, etc)

For sending countries, migrants are little more than "milking cows" who can funnel in billions of US dollars to help save the beleaguered local economy; therefore, instituting so many protections and safeguards will hinder their "competitiveness" and make it difficult to hire them.

The receiving government are not interested or willing to protect foreign workers because: (1) they are not citizens, (2) cost of social protection/benefits would be high, (3) migrant labour will not be cheap anymore. In practice, receiving countries hire migrants as "flexibility tools" to plug into jobs that locals don't want (3D work), or to exploit cheap labor and pull down workers' wages.

The sending government has marginal or no power (or even presence) in the foreign country; it is therefore usually impotent to protect its own nationals. Current national laws in sending countries, if they cover migrant workers, are more in the context of expediting the export of workers, rather than protecting their rights and welfare. Existing labour codes/laws of sending countries are mostly silent about migration.

Laws in receiving countries usually exclude migrant labor. Therefore, migrant workers usually don't even have legal or "paper" protection. If rights are recognised, they are limited.

Existing international laws defining and protecting migrants' rights are lacking or outdated; the 1990 UN migrant workers convention is perhaps the most comprehensive so far, but it is not in effect because governments have refused to ratify it. In Asia, only Sri Lanka and Philippines have ratified the UN convention.

 

Root Causes

The dynamics of massive labor migration is dictated by "push" and "pull" (labour supply and demand) forces. These forces are rooted in poverty, joblessness, wage imbalances, economic restructuring, government policies, social pressures, etc. both in the sending and receiving countries.

In Asia, most of these poverty and imbalances have been the effects of decades of neo-liberal economic policies- especially imposed by IMF/WB structural adjustment programs, WTO's global free trade agenda, APEC's "2020 Plan", etc. These policies have created tight labor markets in the NIC's, cheap wages and high unemployment in the countries in the south, massive unemployment (at least 130 million) due to privatization in China, etc. Thus, we now have a 10­million strong army of migrant workers.

The acceleration, in the recent years, of free market globalization, has further intensified labour migration. Indeed, the 1997 Asian crisis was a striking rehash of the 1994 "Tequila crisis" (where the Mexican peso lost 99.7% of its value).

 

Solutions

The only lasting, sustainable solution to massive labour migration is to strengthen the local economy so that: (1) the people have jobs and decent income; and (2) the government does not have to export workers in order to provide "employment" or to generate foreign exchange.

Wages, benefits, rights and protection should be as comparable as possible across countries to lessen dramatic disparities which encourage richer countries to exploit the cheap labor of poorer countries.

Minimum international rights and standards should be set, and effective implementing mechanism: instituted, to provide minimum institutional protection for migrant labour. All Asian countries should ratify the 1990 UN Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, as well as national migrant protection laws and bilateral agreements.

Labour migration magnifies and globalizes gender exploitation (e.g. domestic work, sex trafficking, entertainment industry, plantation work). Therefore, specific mechanisms have to be instituted so that companies/governments/etc won't gain relative advantage by exploiting migrant women workers.

Tthere should be a system of accountability especially for governments, TNCs, labour agencies, etc. who violate migrants' rights, profit or benefit from their exploitation.

Since policies of the IMF/WB/WTO and similar institutions ultimately determine the economic policies of many Asian governments (more so after the present Asian crisis), there have to be mechanisms where people, migrants and social groups can challenge and intervene in these policies

 

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