San Francisco Bay Area: The Coexistence of Innovation and Trafficking in Persons

Image taken from Business Insider

As a proud Californian from the San Francisco Bay Area, I passionately boast about the Bay Area’s diversity and its progressive politics. Until recently, not once had I stopped to consider the implications of this diversity or its connection to trafficking in persons. How could human trafficking persist in my progressive community? Unfortunately, many Americans often view human trafficking as a foreign issue and don’t recognize its local presence.

The largely invisible nature of human trafficking contributes to this ignorance. Many individuals see sensationalized images of individuals in chains or stories conflating this issue with prostitution, but trafficking in persons is often subtle. Moreover, trafficking into different forms of labor is often excluded from this narrative. Domestic work, migrant work, farm work, factory work — many Americans and employers don’t consider these forms of work as “real” work. Accordingly, workers in these industries don’t receive a large portion of our attention (or much protection under labor laws, in certain cases.)

While working on the Break the Chain Campaign at the Institute for Policy Studies this summer, I read The Slave Next Door by Kevin Bales. While I learned about traffickers’ tactics and different forms of human trafficking, my big takeaway was that this issue affects all demographics and can occur anywhere. Though seemingly a simple observation, it is not universally known. Hence, I decided to research how this crime could occur in my community. And, the future policy analyst in me needed to know: what’s being done about it?

The Bay Area has found itself in a very unfortunate situation demanding immediate attention: the same place that serves as a hub for technology, affluence, and progressive politics has become a top U.S. destination for trafficking in persons.

According to the Final Report of the California Alliance to Combat Trafficking and Slavery Task Force (2007), California’s “extensive international border, its major harbors and airports, its powerful economy and accelerating population, its large immigrant population and its industries make it a prime target for traffickers.”

How can the same factors I cite when I talk about how amazing the Bay Area is be the same ones that fuel trafficking in persons?

Though a largely affluent area known for its technological advancements and global connections, the Bay Area serves as a reminder that no community is immune from human trafficking. The same factors that make the Bay Area such a special place worth boasting about often drive this exploitative crime.

Many rings of organized crime move trafficked persons from large Bay Area cities like San Jose, San Francisco, and Oakland up into Portland and Seattle and often into Reno and Las Vegas. Labor and sex trafficking of both children and adults are prevalent throughout many Bay Area cities.

Affluence. Many Bay Area residents seek cheap labor, particularly workers to assist with domestic tasks. Traffickers have created an illicit market forcing individuals into labor in order to meet this demand. Technology. Traffickers use communication innovations like the internet, photography, and text messaging to lure, transport, and/or track trafficked persons.

Diversity. Traffickers exploit the Bay Area’s immigrant community, and the U.S. border with Mexico enables rings of organized crime to traffic to and from the Pacific Rim and Latin America. According to the U.S. Department of State and other studies, global economic crises in countries abroad can make certain individuals more vulnerable to becoming victims of trafficking. As U.S. immigration policy has complicated legal immigration, many individuals seeking to immigrate to the U.S. in search of better opportunities inadvertently become victims of trafficking by paying traffickers to help them migrate. They are often coerced into exploitative labor conditions or sex work with little to no pay and a lack of civil liberties. 

Image taken from Politico

Regional task forces dedicated to combating human trafficking via prosecutions and victim services exist within the Bay Area, and they receive their funding from federal grants. Due to the limited availability of funds, however, they have had to compete against one another for resources. Many anti-trafficking organizations, nonprofits, and law enforcement officials cite a lack of funding and a lack of training for individuals coming into contact with potential victims of trafficking as huge obstacles in delivering an effective response to human trafficking.

The San Jose Police Department’s Human Trafficking Task Force has made tremendous efforts to investigate and prosecute many human trafficking cases, and it has increased training programs so that its law enforcement officials become more attuned to recognizing signs of trafficking. Still, San Jose and the rest of the Bay Area have a long way to go in combating this atrocious crime.

For starters, cases involving labor trafficking demand more attention. However, because local agencies often report a lack of resources, time, experience, and training needed to successfully investigate and prosecute these cases, they are often deferred to federal law enforcement agencies like the ICE Homeland Security Investigations Unit, the FBI, and the U.S. Attorney’s Office. A more holistic approach to, and understanding of, human trafficking will ensure that the full scope of this crime is adequately addressed.

Still, it is hard to measure the full scope of human trafficking due to the relatively recent measures undertaken to combat it. As such, the quality of data concerning human trafficking prosecutions and victim identification numbers may vary from county to county, thus making statistics regarding this issue imprecise. What is the true magnitude of human trafficking in the Bay Area? In the U.S.? In the world? Different studies present different numbers. What is certain is that slavery continues to exist throughout the U.S. and it’s time to collaborate locally, nationally, and globally in order to eradicate it.

It’s time to educate voters so that they know that human trafficking exists within the U.S. Accordingly, politicians need to make this issue an important part of their agenda. The mental block that this isn’t an issue that can happen in the U.S. needs to change. Local agencies within the Bay Area must also coordinate their efforts with state and federal agencies in order to provide a more effective response to this issue.

According to a report by the International Human Rights Clinic (IHRC) at Santa Clara University School of Law, though the U.S. has made significant strides in its fight against human trafficking, it has overwhelmingly failed to address human trafficking in a comprehensive and coordinated manner. This report identifies three significant gaps in the U.S. response to trafficking in persons: the “failure to 1) adequately identify and investigate labor trafficking cases; 2) address the intersection between the child welfare system and human trafficking, and 3) provide coordination and promote collaboration between local, state, and federal agencies to combat human trafficking.”

Many Bay Area agencies and service providers report that labor trafficking remains under-investigated. Law enforcement agencies report a lack of adequate resources and U.S. labor laws excluding certain workers, such as farm workers and domestic workers, as factors fueling this ineffective response. The U.S. government and organizations throughout the nation must address labor trafficking. Law enforcement agencies with the jurisdiction to enforce labor laws must have adequate resources and training to resolve these cases. Moreover, laws and regulations must wholly protect all workers from forced labor.

It is also imperative that the U.S. government and organizations throughout the nation address the intersection between the child welfare system and human trafficking. According to the California Child Welfare Council’s report, many children with connections to the child welfare system are at a particular risk for child trafficking. Though the U.S. Department of Justice’s Child Exploitation and Obscenity Section (CEOS) has made an effort to investigate and prosecute the exploitation of children, the U.S. government should better ensure that the child welfare system has the necessary resources and training to protect vulnerable children from trafficking, provide appropriate victim-centered services, and improve coordination between social services and law enforcement agencies to protect children in the child welfare system.

We also need local, state, and federal coordination in addressing human trafficking. The Bay Area’s local law enforcement officials and anti-trafficking agencies claim that a lack of coordination, funding, and training are obstacles in their fight against human trafficking. Many local anti-trafficking task forces exist to promote collaboration amongst various agencies, but the federal government should assume a leading role to promote communication and coordination amongst federal, state, and local agencies. The federal government should also standardize a human trafficking curriculum that organizations and agencies can use to train those who may potentially come into contact with victims.

Bay Area cities have started to improve their fight against human trafficking by applying these recommendations.

On Tuesday, April 29, 2014, the Santa Clara County Board of Supervisors voted to establish a human trafficking commission in response to a growing need to combat trafficking in persons. This commission will serve many roles including coordinating government and community efforts to combat trafficking, identifying victim-centered policies and services, developing a more coordinated, informed response, and creating a public-education campaign to spread awareness. Supervisor Cindy Chavez introduced the commission proposal, demonstrating the vast potential for public servants to take initiative in addressing this issue locally.

Other initiatives have recognized the role of globalization and technology in facilitating trafficking in persons. For example, many traffickers transport individuals via airports, but in most cases, staff members fail to identify victims. As a response, Bay Area airports are training their airport staff to identify potential trafficked persons. According to Betty Ann Boeving, founder and executive director of the Bay Area Anti-Trafficking Coalition, “(Airports are) the No. 1 place we should try to intercept (victims) because they are outside of the hands of the trafficker often.”

Image taken from the Bay Area Anti-Trafficking Coalition website

It is clear that many agencies within the Bay Area have recognized human trafficking as an issue demanding immediate attention. Furthermore, a call to increase the coordination amongst federal, state, and local agencies provides a promising approach to combating this issue holistically. It is crucial that the U.S. and international agenda prioritize this pervasive human rights violation and security threat.

As a proud Californian, I desire to see a Bay Area that capitalizes its skills, resources, and innovation to become a global leader in the fight against human trafficking. As an advocate of global justice and human rights, I envision a world collaborating to stop this crime by first recognizing the inherent dignity of all.

Image taken from the EOC Institute

– Written by Harleen Kaur, BTCC Intern

Harleen Kaur is an intern with the Break the Chain Campaign at the Institute for Policy Studies for the summer of 2014. Originally from San Jose, CA, she is currently a student studying Government and Economics at Smith College in Northampton, MA.

Thai Shrimp Industry: Human Trafficking into Supply Chains

Image taken from The Guardian

As the world’s largest prawn (shrimp) exporter, Thailand has recently come under scrutiny for enabling a crime that dates back to antiquity: yes, slavery’s modern parallel, human trafficking.

A recent report by The Guardian revealed the atrocity that trafficked migrant workers fuel the $7.3 billion Thai fishing industry. Annually, Thailand produces approximately 42 million tons of seafood and exports 90% of it to the United States, the United Kingdom, and across Europe. Slave labor pervades this industry’s supply chain.

Many of the world’s largest prawn farmers, particularly the Thailand-based Charoen Pokphand (CP) Foods, buy a variety of trash fish and other bycatch to feed their farmed prawns from suppliers that exploit the labor of trafficked migrant workers. Most often enslaved on fishing boats, migrant workers labor long hours (20+) without pay, adequate food, or sufficient rest.

Control. Physical and psychological abuse. Accumulation of debt. Traffickers employ these common tactics to exercise complete control over trafficked persons, who are often too afraid, too “indebted,” or too broken to leave. A Thai vessel may keep an individual enslaved for years to meet the international demand for inexpensive shrimp. When a worker escapes or dies, a captain simply purchases another one. Gone are the days when a slave cost a fortune; human beings are cheap nowadays. This directly translates into traffickers viewing migrant workers as disposable commodities.

When does labor exploitation become modern day slavery? According to the Trafficking and Violence Protection Act of 2000, force, fraud, and coercion define trafficking into labor and sex. More generally, little to no pay, lack of freedom, and encroachments on other civil liberties have become common indicators of human trafficking.

Many individuals, particularly from Burma and Cambodia, voluntarily pay brokers to facilitate their migration to Thailand in search of work. Then, these same brokers, often working in tandem with politicians and law enforcement officials, utilize force, fraud, and coercion to sell the workers to captains of large fishing vessels. Large companies like CP Foods buy their trash fish either directly from these vessels or indirectly from other factories that have slavery in their supply chain. Companies such as Walmart, Tesco, and Costco receive their prawn exports from these large multinational suppliers.

This leads to the uncomfortable truth: many Americans purchase their shrimp from companies that have slave labor in their supply chain.

CP Foods and other companies responded to these allegations posed by The Guardian’s report. CP Foods apparently has policies against forced labor and pays its fishmeal factories to ensure these suppliers buy their bycatch from vessels that are licensed, legal, and “slave-free.” Leading supermarkets Walmart, Costco, and Tesco all condemned slavery and defended their policies that are committed to ensuring its absence from their supply chain.

However, policies sometimes fail to achieve their desired result. According to The Guardian’s report, many “legitimate” vessels paid by CP Foods’s factories failed to log their catches or register their workers. Others are simply illegal “ghost boats,” unlicensed suppliers of trash fish that not only mimic legitimate vessels but also habitually exploit slave labor. One boat captain told The Guardian that his only goal is to maximize his profit, a common motive driving human trafficking into supply chains.

Still, it is simplistic to believe that profit maximization itself explains why trafficking into supply chains continues to persist. An entire “culture” surrounding human trafficking reduces human beings to cheap commodities to be bought and sold in “the free market.” This must be uprooted.

The sad truth remains that even those migrant workers who manage to escape remain invisible. If the government and its law enforcement officials are complicit in human trafficking, how does a victim of modern day slavery receive justice, compensation for his or her labor, and/or services to address the physical and psychological abuse, drug addictions, and other health issues that he or she may experience?

As with most victims of trafficking, escape and rescue are often insufficient means to engender full recovery and a road to empowerment.

What is clear is that the Thai government will have to respond to these allegations. The International Labour Organization (ILO) has adopted a new Protocol on Forced Labor, which is a legally binding statement that strengthens the international community’s fight against forced labor. It aims to further protect victims and increase their access to remedying services. Governments are also required to protect workers, including migrant workers, from illegal recruitment efforts, such as those used by the fishing vessels in the Thai case. However, Thailand voted against this new Protocol; four of the eight votes against this new ILO convention came from Thailand.

What does this say about the Thai government’s true stance on ending forced labor, and where do we go from here?

According to another source, a sustainable and ethical global economy untainted by slavery may be possible. It asserts that first a nation must establish research teams trained in documenting the production base of various commodities at every level of the supply chain. Whereas effective responses would vary in each industry, constructing a constant system of independent, third-party certification would be a crucial first step to ensure transparency within the industry’s supply chain.

Second, it is important to address the issues that render communities vulnerable to human trafficking and exploitation. Industries wishing to source labor from particular communities should also invest in their development, education, health and security in order to ensure that individuals from these communities are not trafficked or exploited.

Combating human trafficking into supply chains highlights a greater commitment to an ethical, sustainable global economy. Globalization will continue as the world becomes more interconnected. Rather than forging connections through a shared chain of goods produced by slave labor, it is time for all nations to come together to address how human trafficking (and slavery) can be ended once and for all.

– Written by Harleen Kaur, BTCC Intern

Harleen Kaur is an intern with the Break the Chain Campaign at the Institute for Policy Studies for the summer of 2014. Originally from San Jose, CA, she is currently a student studying Government and Economics at Smith College in Northampton, MA.

The Economy, Labor, and Vulnerable Populations

On Tuesday October 8th  in New York City, I witnessed a speaker from the International Labour Organization give a speech about the organization and issues related to labor. The International Labour Organization is the first specialized agency of the UN, established in 1946.[1] The ILO attends High Level Dialogues, meetings, and hearings associated with labor. The mission of ILO is to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues.[2]

The labor sector has three primary actors: governments, employers, and employees. The speaker emphasized that without negotiations, discussions, rules, or resolutions things fall apart. There needs to be simple discussions to talk about issues in the industry, placing the issues in perspective.

The economy is changing: globalization has made the need for sustainable development and technical advancement more apparent. The speaker discussed how these aspects can be linked to migration, where individuals are traveling and looking at other places for work.

Vulnerable populations are seen as the targets that are more likely to be exploited. The representative emphasized that illiteracy and innumeracy causes individuals to be to be exploited, forced into labor, as well as become victims of debt bondage and human trafficking.

Indigenous populations are also seen as vulnerable populations that can be taken advantage of. The population does not have a “voice” and the speaker discussed how ILO as well as the United Nations center on providing the “voice.”

The speakers also discussed the problem of child labor. Children mostly work at family farms due to poverty. Child labor is defined as such through the means that it is labor that prohibits the child from growing emotionally, physically, and psychologically, etc.

The speaker concluded that while education is important, there is a need to look at the issues in a bigger scope in order to make progress.

-Melissa Zacarias, Educating and Worker Organizing Intern

United for a Cause

20131001_130007On Tuesday October 1st, BTCC Director Tiffany Williams and I had the pleasure of attending a lunch meeting with 9 migrant worker activists and professionals focusing on issues involving migrant workers, domestic workers, human rights, development, immigration, and policies. They were representatives of the Migrant Forum Asia, and were in town to strategize for the UN High Level Dialogue happening in New York City this week.

The meeting was held at the Solidarity Center. The Solidarity Center is a non-profit organization located in Washington D.C. that work with unions as well as community groups to achieve equitable, sustainable, democratic development.[1] The organization also helps men and women to stand up for their rights, but also improve their living and working standards.[2]

The Migrant Forum Asia activists (from Sri Lanka, Japan, India, Nepal, and the Philippines) were joined by Solidarity Center staff, along with members of the migrant rights community in the United States, including the National Domestic Workers Alliance and Free the Slaves.

In only one hour of discussion and organizational exchange,  we had enough time to share facts, stories, and issues that revealed a common pattern and system of abuse of migrant workers – including in countries were there are decent laws on paper, but insufficient enforcement.

Other common issues that were discussed included the charge of excessive or illegal fees, lack of transparency and even fraud in the recruitment process, high death rates due to insufficient health and safety protections, violation of wage standards, the denial of medical services and basic necessities, passport and document withholding, and the “kefala” sponsorship system in many gulf countries that ties the worker to the employer.

The UN High Level Dialogue on International Migration and Development (HLD) is seen by the International Organization of Migration (ILO) as an important foundation to improve the protection of human rights for migrants, perceptions of migrants and migration, and the reflection of migration.[3]

The UN High General Assembly will hold the 2nd High Level Dialogue on International Migration and Development in New York on October 3rd and the 4th. The ILO have policy recommendations that will include improving the perceptions of migrants, factoring migration into development planning, the protection of human rights, management of migration in crisis situations, enhancement of evidence and knowledge base, and the promotion of policy coherence as well as institutional development.[4]

This lunch meeting was one of many informal pre-HLD discussions about the situation of migrant workers and what needs to be done to improve.  Pressuring the governments to change policies, inter-country collaborations, learning from and adapting relevant laws from other countries, and, most importantly, educating and organizing workers to resist exploitation.

-Melissa Zacarias: Educational and Worker Organizing Intern

Today is International Migrants Day – What role do migrant workers play in our economy?

International Migrants Day“Imagine, if you will, that, on the same day, all migrants and immigrants decide to return to their countries of origin. The Filipina nanny would pack her bags and leave the family in Singapore whose children she has been raising. The sub-urban couple in San Diego would be without their Mexican gardener who worked for less than five dollars an hour. Italian farmers would find the fruit rotting on their trees because their cheap migrant workers left the orchard. New York’s manufacturing sector would collapse because a large portion of the workforce is absent. Worse, Wall Street would be closed because cleaners, security guards, office staff, and taxi drivers are unavailable. Many sectors of the economy in industrialized countries would come to an immediate standstill. The rest of the economy would follow within days, if not hours. Although not your typical doomsday scenario, this hypothetical example illustrates that our economy depends on the labor of often “invisible” international migrants.” (Bauder 2006: 3)

18 December is the International Migrants’ Day proclaimed by the UN General Assembly in remembrance of the adoption of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families on 18 December 1990. Today, large-scale immigration is even more a reality than 20 years ago and the opening passage of Harald Bauder’s book Labor Movement above nicely illustrates the degree to which the Western economies have become dependent on the employment of migrant labor. Migrant workers surround us, do the jobs we are no longer willing to do ourselves and work hours and under conditions we would not tolerate. But what explains this demand in our purportedly advanced “knowledge economies” for low-skilled and low-paid labor done by immigrants? What vital function are they playing for our economy?

Here are 10 reasons why employers like hiring immigrant workers:

1. Migrants ideally satisfy the need to fill the bottom positions in the social hierarchy

Some jobs in our economies just do not offer much in terms of social status or prestige, think for example of cleaners, door-keepers or agricultural laborers. They are dead-end and offer no real opportunities for promotion. Yet, as studies show, people do not only care about earning money, but also about the immaterial benefits a job offers, in particular the position in the social hierarchy compared to others. It is hence difficult for employers to find motivated natives who are willing to do these jobs and they resort to migrants. Migrants, at least in the early stages of their stay, consider themselves less a part of the host society and the standards by which they judge their jobs are usually lower. Their primary goal is to earn as much money as possible in a short time and to improve their social status back home (e.g. building a house, sending the children to school).

2. Migrants are a flexible and disposable workforce

In an unstable economic environment characterized by continuous ups and downs, migrants can offer employers some extra flexibility. While native workers do often benefit from some form of employment protection, migrants mostly hold unstable jobs and can be easily laid-off when business conditions worsen. They form a disposable workforce, what Marx called a “reserve army of labor”, that employers can draw on to fill temporary needs when business is thriving. On the other hand, migrants will typically be the first ones to be fired when the economy worsens.

3. Migrants offer employers an opportunity to lower salaries and cut wage costs

Globalization – the outsourcing and offshoring of production abroad – and technological change have created new opportunities for high-skilled workers and multinational enterprises. However, small and medium sized companies, in particular those in the labor-intensive service-industries, do not have the option of relocating operations to low-cost countries: offices and hotel-rooms have to be cleaned and dinners served where the customers are. They hence react to the new pressures by cost-cutting measures, subcontracting and lowering wages. Migrants are more willing to accept lower-wages since they compare what they can earn here to the conditions back in their home country, which are often far worse. Working conditions in their home country may be so bad – or unemployment that high – that many migrants prefer working for very low wages here than working for almost nothing back in their home countries.

 4. Rising inequality in income and wealth

Over the last decades, inequalities in income and wealth have been rising in almost all Western societies. The rising inequality has not only created poverty and deprivation in the lower strata of society, but also a wealthy upper-class that has a growing need for personal and domestic services. Hence low-income workers, often immigrants, serve in the restaurants where the wealthy dine, clean the offices where the wealthy work and care for their children or their elderly parents. The growing wealth has also led to an increase in the size of people’s homes over the last two decades, creating a need for cleaners, gardeners, etc. just to keep everything nice and pretty.

5. The growth of the informal economy

The informal or so-called “shadow” economy plays and increasingly important role especially in bigger cities.  Companies that can no longer compete in the formal economy may prefer to go “underground”. Often these firms do not produce illegal products but affordable goods for the low-income communities. In particular for undocumented migrants, who do lack the permission to work in the formal economy, employment in the shadow economy is often the only possibility to find a job and earn a living at all. But also documented migrants may be hired in the informal economy since the lack of a formal contract gives employers additional flexibility and opportunities to further lower costs.

6. Migrants have a superior ‘work-ethic’

Studies that involve interviews with employers of migrants often highlight migrants’ perceived superior ‘attitude’ or ‘work ethic’ when compared to local workers. Migrant workers are described as more disciplined and hard working than natives. They are often more willing to work night shifts or over-hours and complain less about their tasks and working conditions. This should not surprise us. On the one hand, migrants are often just more in need of earning money in order to send it back to their families. The smaller size of family and social networks also makes them more likely to live on site or work long hours. On the other hand, migrants often don’t know their rights at the workplace, e.g. regulations concerning breaks and over-hours. Their informal or precarious employment status also makes them less likely to complain because of fear of loosing their job.

7. High-levels of seasonal fluctuation

Migrants often work in industries like agriculture, construction or the hotel sector that have a need for a high number of workers during peak season. This allows them to earn money over a short time and spend the rest of the year at home with their families. Yet, these jobs are also often those referred to as the “3-D” jobs: dirty, dangerous and degrading.

 8. Racial and gendered stereotypes

In some cases, the choice of migrant workers is based on racial and gendered stereotypes regarding the appropriateness of certain kinds of work for certain kinds of people. This affects in particular women who clean and care in private households or work in the sex industry. Their employers might prefer women from developing countries because they consider them as inferior and appropriate for the kind unskilled work they have to perform.

9. Disciplining the local workforce

At least historically, migrants have also been used by employers as strike-busters in order to break the power of labor unions. When workers laid down their tools and went on strike against harsh working conditions or low wages, employers recruited immigrant workers to keep up the work. Immigrants are much less likely to be organized in unions and to join the ranks of the labor movement. This allowed employers to withstand the strike and to defeat unions’ claims. This tactic often drove a wedge between different parts of the workforce and undermined the power of the labor movement to the detriment of all workers.

10. Path-dependence

A final reason why employers may want to hire immigrants is a matter of path-dependency. Once a substantial part of his workforce is made up of immigrants from one country speaking the same language, it may be just more practical for an employer to hire workers with the same background that can easily interact and communicate with their co-workers. Moreover, there is ample evidence that immigrants and their communities, once one or a few immigrant workers are hired in a given workplace, will tend to bring in other members as job openings arise. Finally, once specific types of jobs or sectors are associated with particular immigrant communities, this may further discourage native workers to take on these jobs in the long run.

Looking at the demand for migrant labor in our economy from this perspective, we see that migrants perform vital functions in our societies that allow us to sustain our own lifestyle, in particular concerning the consumption of cheap products and services. In reality, immigrants do not ‘steal our jobs’, as often claimed by anti-immigrant populism, but do the jobs natives are no longer willing to do themselves. On the other hand, the current model works by restricting the rights of migrant workers, producing a flexible and vulnerable workforce. This opens the gates for exploitative labor practices and abuse ranging from sub-standard working conditions, to the withholding of wages to slavery-like practices of forced labor and human trafficking.

Making migration more beneficial and equitable for both the host society and the migrants hence requires the protection of the human rights and fundamental freedoms of migrants as set out in the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. What we need is a rights-based approach to international migration that not only furthers employers’ interests in flexibility and cost cutting, but also the interests of migrant workers in decent employment. No migrant-receiving State in Western Europe or North America has ratified the Convention yet! This is a shame. After all, we are as dependent on them as they are on us.

- Joscha


Anderson, B., (2000) Doing the Dirty Work? The global politics of domestic labour, London, Zed Books

Bauder, H., 2006. Labor movement, Oxford; New York: Oxford University Press.

Cohen, R., 1987. The new helots: Migrants in the international division of labour, Gower.

Piore, M.J., 1979. Birds of passage : migrant labor and industrial societies, Cambridge; New York: Cambridge University Press.

Ruhs, M., Anderson, B. & Phil, D., 2010. Who needs migrant workers?: labour shortages, immigration, and public policy, Oxford University Press.

Samers, M., 2010. Migration, London; New York: Routledge.

Sassen, S., 1996. New employment regimes in cities: the impact on immigrant workers. Journal of ethnic and migration studies, 22(4), pp.579–594.

Taran, P. & Chammartin, G.M., 2003. Getting at the roots: Stopping exploitation of migrant workers by organized crime.

Hurricane Sandy Washes Away Wages

Many of us enjoyed the flexibility that our employers provided while Hurricane Sandy blew through the East Coast. Some had the option of working remotely and some simply got paid to stay home while cities halted all operations. For many of the poorest workers, a different story is told; if you don’t show up to work you don’t get paid, regardless if employers are open for business.

According to an article in The New York Times, those who have fared the worse in the lethargic economic recovery are low-wage workers, paid at an hourly rate on a schedule subject to daily change.  Imagine the difficulty finding child care at the drop of a hat, maintaining a household structure or scheduling college courses around an ever-changing work schedule. With a whopping 86 percent of jobs created since 2009 and 60 percent of overall jobs being part-time, it leaves too many struggling without safety nets such as access to affordable health insurance and unemployment benefits. New Jersey Department of Labor states that from 2010 to 2011 the bottom 20 percent has seen their annual income drop $463, while the top tier has added $2000 to their annual income. Sandy has exposed the threat of a far greater toll on those who can only afford to live paycheck to paycheck, unable to mend repairs from the destructive storm or put warm food on the table.

New York City and surrounding counties, areas of New Jersey and Massachusetts are providing disaster unemployment relief to those without safety nets. Self-employed street vendors, farmers and taxi-drivers whose workplace was damaged or whose travel had been restricted through affected areas may be eligible for relief. Like most relief programs, there are barriers to access. The relief program may not be of assistance to employees who have an increased commute to work or a commute that is more financially exhausting. The article reports an individual who spent eight hours traveling to work a five hour shift, boiling her effective pay down to $4 an hour.

It comes as no surprise that salaried workers reap more federal labor law protections than hourly workers. For instance, employers are required to pay salaried workers if their business is closed for less than a week, even though employees may be asked to use their vacation time. Of course, there are part-time employees who are lucky enough to have benefits or sympathetic employers who provide paid leave in time of disaster, but that is not the norm.

To be fair, there is a population who prefer to work part time, such as college students and those looking to earn a little extra cash around the holidays. But, according to the Bureau of Labor Statistics cited in The New York Times article “A Part-Time Life, as Hours Shrink and Shift”  when it comes to the hospitality and retail industries, over three million working part-time since 2006 express a desire for full-time work. Since this time, one million full-time jobs have been cut with more than 500,000 part-time jobs added, increasing food stamp and Medicaid enrollment.

For employers, the most efficient way to cut costs is to cut full-time work. In the service industry full-time workers average 57 percent more in total compensation than part-time workers, reports the Bureau of Labor Statistics. “A Part-Time Life, as Hours Shrink and Shift” highlights the use of technology that businesses like Jamba Juice use to manipulate costs. Using software such as Kronos has saved businesses millions of dollars by tracking employees overall sales, allowing them reduce shifts during slow times. With the holidays rapidly approaching, seasonal, part-time employment is on the rise to accommodate the influx of shoppers. Come January, those seasonal workers will be back in search of employment. When will this cycle of economic instability recede?

Laura Brown

Abuse of Migrant Workers Continues in Bahrain

Migrant workers in the small island nation of Bahrain continue to face many forms of abuse and exploitation, a recent Human Rights Watch study reported.

There are more than 458,000 migrant workers in Bahrain, making up around 77% of the country’s total workforce. Most of Bahrain’s migrant workers are from Southeast Asia and work in unskilled or low-skilled jobs in construction, trade, manufacturing, and domestic work.

Under the current employment-based immigration system, commonly known as kafala, Bahraini companies and individuals “sponsor” migrant workers using renewable employment contracts and work visas. Work permits are usually valid for two years at a time; when the permit expires, the worker must leave Bahrain within a month. Workers’ employment and residency are tied to their employer. This allows employers to yield a large amount of influence on workers’ freedom, since employers must cancel work visas before workers can quit their jobs and leave the country.

Migrant workers are typically recruited from Bahrain-based recruitment agencies or from middlemen, such as a friend, family member, or acquaintance already in Bahrain. Employers must pay fees to the government for work visas and residence permits for each migrant worker they recruit. Employers also pay recruiters and other service fees. It is currently illegal for recruiters to collect fees from prospective migrant workers. Although most recruiters generally comply with this law, Human Rights Watch has found cases of violation of the law in construction and other sectors.

“We all came through an agent, paying 50,000 – 60,000 rupees (around $1,000 USD) in India. This cost covered expenses. We came directly to the company once in Bahrain. Some of us mortgaged our properties, lands and homes, with interest,” said Purveen G., a construction worker interviewed by Human Rights Watch.

Human Rights Watch also observed violation of migrant workers’ rights in the form of passport confiscation, unpaid wages, low wages, excessive and forced work, unsanitary accommodation and inadequate food provision, physical abuse, and sexual abuse. Construction workers reported crowded and unsafe labor camps, while domestic workers, mostly women, reported working up to 19-hour days with minimal breaks and no days off. Of the 62 workers Human Rights Watch interviewed, 12 reported physical abuse from employers, supervisors, or recruiting agents. Human Rights Watch also interviewed four domestic workers who said they experienced sexual harassment, assault, or rape from agents, employers, or employers’ sons. The report also speculates that sexual abuse is likely under-reported due to stigma and fear.

Bahrain’s government has shown recognition of migrant workers’ rights and has made efforts towards reform. The country’s labor laws have long applied to both nationals and migrant workers, except domestic workers, and the government has also made recent reforms to further protect migrant workers. For example, a new law passed earlier this year extends sick days and annual leave and increases fines employers must pay for violations of labor law. The creation of the Labor Market Regulatory Authority in 2006 has helped streamline work visa applications and administer worker education campaigns, some with aims of providing information on worker rights and redress. However, much of the Bahraini labor law still fails to protect domestic workers, although new provisions are starting to be extended to them.

While workers can file grievances, employers often refuse to settle and ignore the Labor Ministry’s requests for meetings. From 2009 to 2011, mediators resolved only 30% of complaints filed by migrant workers.

Migrant workers have also faced animosity from the rest of the national Bahraini society. In mid-February 2011, Bahrain witnessed several pro-democracy demonstrations, following the revolutions in Tunisia and Egypt. During this time of political unrest, Human Rights Watch documented a number of violent attacks against South Asian migrant workers in Manama, the capital of Bahrain and the site of the pro-democracy revolutions. One of these documented attacks resulted in the death of a Pakistani worker.

“In Bahrain, you have a large disenfranchised lower middle class in the citizenry that has been left out of the economic opportunity…This disenfranchised youth, they’re competing with this foreign population,” said Andrew M. Gardner, a professor of anthropology, in an interview for the New York Times. After spending two years visiting workers’ camps and homes, Mr. Gardner has written a book, City of Strangers: Gulf Migration and the Indian Community in Bahrain, about the migrant labor system in Bahrain. The jump in migrant worker population in Bahrain since the 1970’s has caused a system of “violence between citizen and foreigner in Bahrain,” Mr. Gardner argued.

Mr. Gardner also recognized that Bahrain has led the path in reform in the Gulf region. While Bahrain’s efforts to extend protection to its large migrant worker population are certainly commendable, the government still has major work to do. Human Rights Watch recommended the government to ensure prosecution of employers and recruiters who violate laws, extend all legal and regulatory worker protection to domestic workers, and take stronger measures to identify brokers who charge illegal fees, among many other points.

For more information, please see the full HRW report, “For a Better Life: Migrant Worker Abuse in Bahrain and the Government Reform Agenda.”

-Julia Chen

The Philippines Ratifies Domestic Worker Convention. Will the U.S?

A little over a year ago, the International Labor Organization (ILO) voted to adopt Convention 189 for Decent Work for Domestic Workers (C189). Earlier this month, the Philippines became the second country to ratify the convention, which will allow for the Convention to come into legal force a year from now in 2013.  

In more cases than not, domestic workers are left out of national labor laws, and are not guaranteed the same rights and protections as other categories of worker. As a result, domestic workers are often exploited, facing long hours, irregular payment of wages, restriction on movements, and physical abuse. C189 aims to address this issue by requiring states who ratify the convention to:

  • Apply the same standards to domestic workers as to workers generally in regards to hours of work, overtime pay, and rest time or leave days
  • Respect the rights of domestic workers to collective bargaining
  • Take steps to eliminate child labor in the industry
  • Protect domestic workers from abuse, harassment and violence
  • Ensure that domestic workers have fair terms of employment and decent working conditions

While C189 was passed overwhelmingly by the ILO’s voting members, steps to ratify the convention have not been are still few and far between. However, a number of countries, including Belgium, Brazil, Norway and Peru, have expressed their intentions for ratification. And even without ratification, C189 creates new international standards for the treatment of domestic workers that countries will feel pressure to meet.  

Even though the United States encouraged strong protections when the convention was being drafted, it is unlikely that the country will ratify C189 anytime soon. C189 requires countries to pass implementing legislation to take efforts to meet the convention’s standards, and such legislation would override our current national labor laws. Our legal standards on the treatment of domestic workers are currently too far below the international standards set up within the convention. It would not be unheard of for the United States to sign an international treaty requiring implementing legislation and declare it non self-executing,but currently, even such a limited step does not seem to be in consideration by Congress. If the United States did declare the treaty non self-executing, it would greatly limit the convention’s power and efficacy.

It’s an up-hill battle in getting the U.S. to extend labor rights to domestic workers on a national level. Toward the end of 2011 the Department of Labor published proposed changes to the regulations of the companionship exemption, which currently excludes most domestic workers from the Fair Labor Standards Act. The changes would more clearly define who falls into the exemption and what activities outside of fellowship and protection are allowed by the exemption. They would also make it so that the exemption does not apply to workers employed by third party employers, such as home healthcare agencies. The proposed changes have met with fierce opposition, and a bill was introduced to the Senate to preserve the scope of the exemption. The bill is unlikely to pass, but may have, along with negative comments submitted during the commenting period, delayed action from the Department of Labor.

Though the United States is unlikely to bring itself up to the standards set out within C189 anytime soon, there’s still room for optimism. States such as New York and California are making efforts to protect domestic workers, and Bahrain recently became the first Gulf country to amend its labor laws to include domestic workers. The convention’s ratification by Uruguay and Philippines should be celebrated — C189 is an important step. It represents a shift in attitudes toward domestic workers and a recognition of their value, their dignity, and their importance to local and global economies. And until the standards the convention sets out are adopted worldwide, workers and advocacy organizations are going to continue fighting for the fair treatment of domestic workers.


Upcoming Event: June 6th: Exploitation of Temporary Workers in the US

Please join the Economic Policy Institute and the Global Workers Justice Alliance on Wednesday, June 6, for this timely forum.


Replacing future immigrants and Americans with temporary foreign workers

The landscape of American employment is being dramatically altered by an expanding system of guestworker visas issued to hundreds of thousands of foreign workers. A new report by Global Workers Justice Alliance, Visas Inc: Corporate Control and Policy Incoherence in the U.S. Temporary Foreign Labor System, provides the first comprehensive analysis of the many visas that employers use and misuse to bring foreign workers into the U.S.

The system is vulnerable to abuse by employers who use foreign labor to undermine established wages and working conditions in the U.S. The result is that U.S. workers are losing out on opportunities, and foreign workers have almost no protection from exploitation, unpaid wages, unsafe conditions and even trafficking and other abuses.  

At this forum, Cathleen Caron  and Ashwini Sukthankar will discuss the report’s findings, the lack of regulation and oversight, and the potential for reform. Kanthi Salgadu, who came to the U.S. as a domestic worker on one of the visas analyzed in the report, will discuss her experience as a trafficking survivor. Daniel Costa will  discuss the overall impact of the temporary foreign worker visa system on the American economy and moderate the proceedings.


Cathleen Caron, Executive Director, Global Workers Justice Alliance

Ashwini Sukthankar, International labor rights researcher and advocate, author of Visas Inc

Kanthi Salgadu, member of the Survivor Advisory Caucus of the Coalition to Abolish Slavery and Trafficking


Discussant and Moderator:

Daniel Costa, Immigration Policy Analyst, Economic Policy Institute


Wednesday, June 6, 2012

12:00-2:00 pm

Lunch will be provided.


This event is free, but we ask that you register HERE.



Economic Policy Institute

1333 H Street, NW

Suite 300

Washington, DC 20005




Christian Dorsey| Director of External and Government Affairs| Economic Policy Institute

1333 H St. NW |Suite 300 |Washington, DC |20005


202-533-2561 (direct)|202-775-0819 (fax)|



Uruguay Ratifies ILO Domestic Worker Convention, Putting Spotlight on California


On June 16, 2011, after 2 years of negotiations and a 3 year campaign led by domestic workers, trade unions, and human rights organizations, the International Labor Organization voted to create Convention 189 for Decent Work for Domestic Workers.

Last Wednesday, Uruguay’s House of Representatives voted to ratify Convention 189. There are 14 million domestic workers in Latin America, with 120,000 in Uruguay. Across Latin America, the US, and the world, domestic workers are celebrating this victory, and feeling even more determined to continue with their campaigns.

C189 recognizes domestic work as any other work and ensures that domestic workers are treated as any other worker under labor legislation.

Countries that ratify C189 have to ensure, among other things, that their national laws:

  • Recognize the right of domestic workers to collectively defend their interests through trade unions
  • Protect the right of domestic workers to a minimum wage in countries where such a wage exists
  • Guarantee them a monthly payment and access to social security including maternity, and
  • Give them one day off per week, and regulate working hours and leave days

There are active campaigns for ratification in 73 countries around the world. Organizers and advocates in these countries are undertaking actions to demand the ratification of C189 and changes in national legislation

So what are we fighting for? Recognition, Rights, and Respect.

  • Recognition that domestic workers are neither servants nor slaves, but rather workers, with rights like any other worker.
  • Respect that this is dignified and valuable work—in fact, domestic workers care for what we most value—our homes and our family members, and they do the work in the home that makes it possible for other people to do the work they do—we call it “the work that makes all other work possible.”
  • Rights that ensure recognition, respect, and dignity are reflected in the law

Many in the US believe that the basic minimum standards laid out in ILO Conventions hardly apply to the US labor market because we already have strong labor rights compared to other countries, but domestic workers in the US are fundamentally excluded from some of the most basic labor protections offered to other workers. In fact, the US cannot ratify Convention 189 until it raises labor standards here in order to ensure equity with the international Convention.

The National Domestic Workers Alliance is taking a national and state-based approach, and is currently organizing for the California Domestic Worker Bill of Rights (AB889) that would provide basic labor protections, like the right to overtime, to domestic workers. The bill is closely modeled and inspired by the New York Domestic Worker Bill of Rights. With these bills as models, the US has the opportunity to join the rest of the world in recognizing that “domestic work is real work” and that these workers deserve rights and respect.

 The victory of the ILO Convention was a monumental step forward in our fight for recognition that domestic work is work. Guillermina Castellanos, a lead organizer in California, said in a speech at the ILO:

At the age of five I started working as a domestic worker and when I was 15 I immigrated to the United States and I went straight into a nannying job. I was abused a domestic worker in Mexico and also in the US. My experience is not unique, it’s an experience shared by millions of domestic workers. That’s why, for me, this ILO Convention is so important—because it will help us have labor standards for domestic workers, who are primarily women and children.

Yo trabaje desde la edad de los 5 como trabajadora del hogar y inmigre a los estados unidos cuando tenia 15 anos, y entre directamente en un trabajo de cuidado de ninos. Fui abusada como trabajadora del hogar en Mexico y tambien en los EEUU. Mi experiencia no es unica, es una experiencia compartida con millones de trabajadoras del hogar. Por eso para mi es tan importante este Convenio porque esto nos ayudaria tener normas que apoyan a las trabajadoras del hogar, quienes son mas que nada mujeres y ninas.

The time is now! As we come up on the first year anniversary of the ILO Convention, California can either stay in the past, can remain in a time when domestic workers were seen as servants, as slaves, and their work not considered valuable or real; OR, California can be at a leading edge of the wave of change to recognizing that domestic workers are workers, and their work deserves to be respected and protected.