May-an Villalba Introduction It was a set of curious incidents that led our local women to labor migration. First, in the mid-1980s, the sugar central in Passi, Iloilo closed down pushing the men folk out of their jobs as cane cutters and as workers of the sugar milling company. This was when the Philippine government began to liberalize the importation (in some instances the smuggling) of sugar and sugar substitutes in the wake of the fever to join the World Trade Organization. The spectacle of a closed sugar milling factory was unbelievable. After all, sugar has been the main crop of the Western Visayas for over four centuries. The closure of the sugar milling company brought about the collapse of the businesses that arose out of the needs of the sugar workers and employees. Restaurants, barber shops, movie houses, department stores and even schools were closed down because many breadwinners who relied on the sugar industry for their income lost their jobs, as well. Children had to stop going to school because of poverty, resulting from the closure of businesses. As men folk went to the bigger cities to look for jobs, there entered into the most remote villages of Passi some placement agencies recruiting young women to work in Japan as entertainers. Almost overnight the face of Passi changed. Hundreds of young women who were affected by the collapse of the sugar industry, went to Japan to earn money, thus relegating the men folk as home managers, a new role in this very traditional society. Two significant international developments led to the growth of labor migration in the Asia and Pacific region during the last three decades. The first was the Oil Boom in mid-70’s when Middle Eastern countries that were members of the Organization of Petroleum Exporting Countries (OPEC) raised the price of oil through the control of production. This resulted in the rapid accumulation of petro-dollars by this states which in turn compelled them to embark on intensive and extensive development of their countries. Massive infrastructure development programs required the importation of foreign labor from the middle eastern labor marker and later from the south and south east Asian countries. This formally launched the first labor migration wave in Asia in contemporary times. The second development was the emergence of the so-called "dragon" or newly industrializing economies (NIEs) of northeast and southeast Asia. Primarily, growth in these states was fuelled by the relocating investments of Japan, on account of Japan’s changing demographic and labor structure. Japanese labor was aging and had become expensive in the 1980’s forcing large and medium industries to relocate to South Korea, Taiwan, and to some extent, Hong Kong and Singapore where labor was comparatively cheaper. The latter two economies were benefited initially by other factors as well such as the liberalization of the economy of China and the growth of trading in southeast Asia, respectively. Prolonged double-digit growth rates in these countries led to labor shortages in the labor markets. Initially, labor shortages were filled by mobilizing the employable local labor force, including housewives, the elderly and the differently-able. However, to sustain growth and retain competitiveness in the world market, foreign labor had to be imported to be employed in small and medium industries that could not afford to relocate to foreign countries. Foreign workers came to fill up shortages in such sectors as construction, agriculture-fishing, domestic service and entertainment. Factors contributing to feminization of labor export market a- changes in the labor structure High economic growth rates and technological advancements in the host countries led to changes in the labor structure in Japan and the so-called Asian tiger economies. The services sector (white collar jobs) rapidly expanded changing the preference of many local workers to work there. This caused labor shortages in manufacturing and the construction sectors as many local workers shifted to white collar jobs. The preference of local workers to get white collar jobs caused a labor shortage in the construction and manufacturing sectors. This eventually led to the importation of foreign workers. Women migrants were particularly preferred in industries that required meticulous and patient work, such as in garments and electronics. In Japan an ageing population and prolonged growth rates caused companies to seek cheaper labor as a means to survive in a competitive world. Japan, followed by the NIEs relocated labor intensive stages of their production overseas. The big companies managed this relocation with a few problems. But the medium and small industries could not survive without recruiting foreign workers. Japan did not officially embark on a policy to recruit foreign workers. Official policy did not allow the entry of "labor". By clever manipulation workers were allowed under various guises as tourists, trainees, students, or cultural artists. These people filled up vacancies as construction workers, cleaners, sweatshop workers, dancers and night entertainers, who invariably overstayed their visas. From 1990-1993, overstayers increased from 106,000 to 297,000. They were to what was called as 3D jobs. By 1995, Japan acknowledged 1.36 million foreign nationals, a record high. On the other hand, underdeveloped states in Asia which have a perennial surplus of workers (e.g., India, Sri Lanka, Bangladesh, Indonesia, Malaysia, Philippines, etc.) were only all too willing to meet the demands of the host states, even if some of the jobs offered to them did not require the skills for which they trained. For example, English-educated and skilled nurses or teachers from the Philippines were willing to work as domestic helpers in Hong Kong because salaries for maids were three times higher than salaries for teachers in their own country. b- expansion of gender-specific jobs Patriarchal culture in Asia is a strong cultural base for the existence and expansion of gender-specific jobs. Domestic work, for example, is traditionally occupied by women in most Asian societies. When the labor structure began to change as a result of economic development, the governments of most host states mobilized all available local women into the active labor force. This created a void in the supply of domestic workers, nurses and care givers. In order to meet the shortage of these workers, the government resorted to the hiring of foreign women as domestic workers, nurses and caregivers. In the Middle East, the new found prosperity of families allowed for the massive importation of women from Sri Lanka, Philippines, India, Bangladesh, Indonesia who would serve as domestic servants or care givers of the elderly or infirm. Prosperous Asia saw the expansion of the entertainment industry that required importation of women entertainers, often just a euphemism for prostitution. Japan is a major destination of women entertainers. According to the Japanese, it is the right of the men who work hard to be entertained "to the fullest". Since less and less Japanese women were willing to work in this trade, it became necessary to import them from Asian and other countries. Women are traditional caregivers and continue to be preferred for jobs such as nursing, domestic service, physical therapy and the like. Japan, Taiwan and Singapore have a growing elderly population who need care. As less young people in these states are willing to provide care services, most governments are compelled to import nurses and physiotherapists in homes and in care institutions. In countries in Europe such as the UK, Ireland and Italy, the demand for Asian women caregivers is increasing. c- liberalization in trade and travel The liberalization in trade hastened the processes in the importation and exportation of labor between countries. As agreements to trade in labor were forged between labor importing and exporting countries, processes and procedures to put these into motion were hastened, e.g. the issuance of travel documents by sending countries and the issuance of work visas-permits by receiving countries. It has become easier for women from Sri Lanka, Indonesia or India, to secure a passport as their governments waived the requirement of the "No Objection Certificate". This certificate was made by the father for a single woman to travel without the parent. It may also be made by the husband for his wife who is allowed to travel without protection. The government also encouraged the role of private businesses as recruiters of workers as this passed on the responsibility of recruitment, training and deployment of workers to them. It is now common practice for labor recruitment agencies to charge placement fees on recruits through deductions of their salaries. Thus, poor women from remote villages need not borrow huge amounts or sell their land or work animals to pay agencies to go to Japan as entertainers or to Hong Kong as domestic workers. They can pay once they land a job. Talent managers and training centers shoulder all expenses in training and talent development for which they collect a percentage of the contract wage. d- poverty and unemployment The greatest push for many women to work overseas is poverty, lack of employment opportunities or low wages in their own countries. The poor in Asia have a woman’s face. So is the face of an Asian migrant. In 2001, about 73% of Filipino migrants were women; the percentage in Sri Lanka is higher at 84% of migrant workers. In Indonesia, it is 70% and in Thailand 25 % of migrant workers. The reason for this is simple -- demand for women workers is growing. Mainly, there is a growing demand for workers in domestic service, care giving, nursing, garments manufacturing and the sex industry. Economic and social benefits in labor migration
The increasing number of women in migration is a tremendous increase in the labor participation rate of women both in receiving and in sending countries. Most Asian countries are becoming service oriented economies and less involved in manufacturing, at least in the home front. The opening of new service oriented jobs -- saleslady, waitress, massage, dancing, singing and the like, open much more job opportunities for women than for men. But it is also true that the recognition of domestic service and sex entertainment as a form of service has also been responsible for the increase in the profile of women as workers.
Domestic work and care giving for children and the elderly in the context of one’s family has always been considered as unpaid labor performed by women. However, it has become a job category and in some countries has been classified under the formal sector. Labor migration has thus given domestic service and care giving a certain level of recognition as work and as remunerated activity. It gives value to women workers which recognition is long overdue. The inclusion of care giving and domestic service have also tended to increase the rate of women’s participation in the labor force.
Majority of the women migrants are now the principal income earners of their families in several sending countries. A study by Unlad Kabayan showed that it is the women migrant’s earnings that support the basic needs of the family: food and clothing; education; housing and repair, medicine and health service. This economic position has also given them some social status in the family and also in the community. Within the family, more women have been granted greater decision making prerogatives.
Women migrants who have gained economic status as breadwinners are able to appreciate themselves more, able to appreciate their new skills and other competencies especially those that are being used in their work. This higher image is also acknowledged by the men folk, even if at times grudgingly. Women migrants have knowledge and experiences living in at least two countries that they can speak of. That is more than what an ordinary person is able to experience in a lifetime. They are also more open to changes and to broaden their knowledge and learn new skills. These are some of the benefits that accrue to women on account of labor migration. Issues and problems faced by women migrants a-structural problems of labor migration
While the participation of more women in the labor force signals a new era in which women are recognized for their contribution to society, it is also a recognition of their generally oppressed status. The problem of labor shortages in domestic service or in entertainment in the host countries is met by importing cheap labor from labor sending countries. Essentially, women’s oppression continues with a different face. Only the nationality of the women is changed. Moreover, foreign women workers are much more vulnerable to abuse than local women, because the former can be repatriated and dismissed with little defense or opposition. Foreign women workers are preferred because of this, apart from the fact that they do not incur or demand or are they even eligible to long term social services and benefits which citizens may claim by right. Not being citizens, migrant workers are not entitled to many of the benefits given to citizens – such as equal wage, separation pay, right to union membership, right to free or subsidized medical care, etc. The nature of jobs given to foreign women workers apart from being predominantly low end, are short term. In some countries a work visa is limited to 6 months only. The predominant length of work contract of a domestic helper in most receiving countries is two years. After her term, she is required to return home and process a new contract from there. The shortness of the contract is designed to enable employers to skirt provisions of labor laws. Foreign migrant workers have no tenure that is protected by law. In Hong Kong for example, an employee can claim economic pressures or bankruptcy as a reason for terminating a domestic work contract. Some domestic helpers are forced to work outside the contract area (the home of the employee) to the shop owned by the employee, or a relative of the employee. Many are made to accept these terms or face the prospect of termination. In certain other countries migrant workers insecurity is caused by unnatural exigencies such as wars or religious cultures. Tens of thousands of migrant workers are being sent home from Middle East with the slack in the hotel, restaurant, travel and other service sectors as a result of Sept. 11 bombing of the World Trade Center in New York.
Migrant workers are hired to do the 3D (dirty, dangerous and difficult) jobs that most local workers are unwilling to take. The hiring of foreign workers is recognition enough of a shortage of workers for certain jobs. As society progresses, as more jobs are created and as job expectations rise, a hierarchy of jobs is created, with the higher end jobs being secured by the local population and the lower end jobs being offered to foreign workers. Migrant workers are therefore given the 3D jobs, that involve manual labor, culturally repulsive labor (such as the burial of dead animals), risky labor or those which are deemed degrading – prostitution and domestic service. Or else migrant workers who may be given dignified work are assigned to the graveyard shift and or are compelled to do overtime. A survey made by a Japanese NGO showed the high incidence of health problems among entertainers, mainly socially transmitted diseases, including HIV-Aids. Prostitution can be controlled and monitored by the state but still the risk of infection in any of several diseases is higher because of the nature of work, which requires sexual contact. In the small and medium industries, technology is lower end and cheaper and more likely to cause accidents. Thus the incidence of work related accidents among migrant workers in South Korea is quite high. At the end of a 3-year contract period, many women migrants in the electronics factories in Taiwan have been found to develop eye diseases or poor eyesight. These women can no longer be rehired if they reach the age of 35 or if they develop poor eyesight, whichever comes earlier.
Migrants are often direct objects of racist and discriminatory policies and practices of states in labor receiving countries. Racism or discrimination proceed from a culture that holds race, language, religion or other ethnic factor as a basis for superiority over others. In some countries, racism is due to a belief in the superiority of the White race. In others it is due to a belief in the exclusive claims of a religious truth. Still in others, racism and discrimination proceed from a high regard of history and tradition which precedes those of others. Some cultures have only derogatory terms for "foreigners." Most foreign workers suffer from overt or covert discrimination and racism. They are not familiar with the language or religion of the host state and are discriminated on that basis. They are tolerated as recipients of largesse from the local population. Many employees of the host state consider foreigners lucky to be occupying lowly jobs in the country and without job security. They must therefore be always thankful and humble for the benefits given by the host state. Migrant workers have become the target of harassment and racist policies as a result of the September 11 tragedy. In the US, for a time, being Arab or Arab-looking was a cause of snide remarks from the population. In Asia, the economic slowdown generated by the Sept. 11 bombing though not caused by migrant workers, was still taken out on the migrant workers. Only they were seemingly made to bear the burden of wage cuts or cuts in allowances caused by the crisis in Hong Kong. Finally, discrimination is expressed in the way that migrants are often made the scapegoats for rising crime rates, for social disturbances and for other unexplained anti-social acts. Being the most vulnerable sector of society, the migrant workers easily become the object of the host country’s insecurities and aggression. These feelings come out in private gatherings, through snide jokes but not seldom enough in mass media through the commentaries of government officials or mass media practitioners.
By the nature of their jobs, which are short term and low paying, migrant workers are unable to bring their families with them in the job-site. This results in long periods of separation from the family. It is not seldom that separate results in broken families, broken marriages, or in children growing up with one or both parents absent. This is a major problem area of women migrant workers. In the culture of many Asian countries for example, it is the duty of the wife to be near the husband at all times so that she can provide the support he needs. Often, the absence of the wife (who works overseas) gives the husband a reason to have extra-marital relations with others. Often, it is the absentee wife who is blamed for this state of affairs. On the other hand, married women who work overseas are expected by their husbands and parents to be chaste and faithful at all times.
Women migrant workers are vulnerable to all the structural problems mentioned earlier but in addition, they are vulnerable as women to gender related problems. Women domestic workers in Singapore are not allowed to fraternize with local men because of the fear of the state that amorous relationships between Singaporeans and migrant workers could lead to marriage and the permanent resident status of the migrant worker. In Singapore, Taiwan and Malaysia, women migrant workers are required to undergo regular pregnancy tests and are unceremoniously deported when found positive for pregnancy. Male workers are not similarly discriminated against. Domestic workers live and work in the employer’s house and are vulnerable to sexual harassment and abuse by the male members of the employer’s family. Often female migrant workers have no rooms of their own. They may be given a place in the living room or above the refrigerator to sleep, where they can be passed and viewed by members of the household. Or they could be given a room to share with other members of the household, where they enjoy no privacy. Many migrant women who face one of numerous problems may decide to jump their visas in a desperate bid to remain in the host country rather than be sent home for whatever reason. These women who become illegal aliens have a great vulnerability to criminal syndicates involved in the "Trafficking" of women. Sometimes, inadvertently the immigration policies of states which closes the doors to legal migration, causes women to be trafficked because there is no other way for them to remain in the land where they have found a job. Long periods of separation from spouses often result in extramarital relations with either spouse. In this regard, many women migrants undergo reproductive health problems in having legal or clandestine abortions conducted on them. Finally, a related problem is identity and citizenship of children who are born in the host state as a result of the union of a migrant worker and a host country citizen. In Japan, such children grow up having no nationality. Towards a more just and humane migration regime
As a result of the efforts of migrant workers themselves or through the efforts of their representatives in government or in non-government organizations, many migrant workers have been able to raise public awareness about their plight. In some states, this recognition has led to legal and institutional protection of the rights of migrant workers and the provision of various services to them. In the Philippines, Republic Act 8042 (otherwise known as the Magna Carta for Migrant Workers) was signed in 1995 by the Philippine Congress. It is a law that defines the rights of migrant workers and protects their interests at home and overseas. Although wanting in some respects, the law is a milestone in the protection of migrant workers rights. While the law specifies how the Philippine state can ensure the protection of migrant workers rights at home, through the regulation of labor recruitment agencies, the law is silent or evasive about how migrants can be protected in states where there is no Philippine state presence. The Philippine state has consular offices in less than 30% of the 137 states where Filipino migrants can be found. This leaves the majority of Filipino migrants unprotected in the majority of states where they are found. National legislations on migrant workers are the most important for the protection of migrant workers rights. The ILO has surveyed national laws covering 22 countries and approximately 800 legislative references have been identified and classified. The most effective method for the protection of migrant worker rights has been found in Bi-lateral agreements drawn between government representatives of sending countries and host countries. These bilateral agreements are drawn up between states that have preferred labor relationships. There are not so many agreements of this type which have been completed. Internationally, the protection of migrant workers is contained in various, conventions and recommendations of the International Labor Organization which are binding to states who ratify them. The United Nations has also promulgated the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families. This was passed by the UN General Assembly in 1990. The most effective safeguards to the rights of migrant workers are those contained in legislations of nation states. The normative instruments concerning migrant workers as far as the International Labor Organization is concerned is Convention 97 adopted and revised in 1949. This is a convention concerning migration for employment. It has been ratified by 39 states excluding South Korea, the United States, Japan, Singapore and the Philippines among other countries. The convention has various provisions aimed at regulating the conditions under which the migration of persons for employment shall take place and ensuring equality of treatment of migrant workers. This also includes provisions for social, medical and banking services for migrant workers. The convention stipulates their right to join workers unions and to avail of legal remedies for criminal or civil suit. ILO Convention 143 is a convention concerning migration in abusive conditions and the promotion of equality of opportunity and treatment of migrant workers. It has been ratified by only 16 states. The United Nations Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families was passed in 1990 and has been ratified by 19 states. Only one more state is needed before it comes into force. The Convention reiterates the fundamental rights of migrant workers under the Universal Declaration of Human Rights. But it includes members of their families as possessing the same rights. It calls for humane working conditions. It condemns physical and sexual abuse of migrant workers. It prohibits cruel and degrading punishment, slavery, servitude or forced compulsory labor.
Despite the advances in the institutionalized and legal protection of the rights of migrant workers, locally and internationally, there is a growing need for migrant workers associations to work together even if only to serve as a network for information exchange and for strategic research. It is in the nature of legal proceedings that the existence of a strong lobby group speeds up the process of the implementation of laws. The existence of laws by itself does not guarantee the carrying out of justice especially to marginalized migrant workers. While it is the primary role of states to see to it that the rights of migrant workers are protected according to legal provisions, very little if any can be expected from states to provide a direction for the long term solution of migrant workers problems. There is a need for independent studies to
be conducted by migrant workers organizations to
determine further the costs, benefits and immediate and
long-term consequences of labor migration on a micro
level as well as on the macro level.
According to neo-classical economic theory, one effect of globalization is "factor price equalizaton." Goods, people, capital moving across national borders should tend to equalize prices between countries. Labor should travel from low wage economies and capital should move in the opposite direction. This should have the effect of depressing wages in migrant destination countries while raising them in sending countries. The theory argues that some level of equilibrium is reached when the remaining wage gap represent just the cost of migration between the two states." The theory stipulates disparities between rich and poor countries. According to the UNDP, between 1960 and 1991, the share of the global income of the richest 20% of the world’s peoples rose from 70% to 85% while that of the poorest declined from 2.3% to1.4%. By 1993, of the US$23 trillion of global GDP, US$18 trillion was in industrial countries and only US$5 trillion was in developing countries." The disparities in living standards and in wages between richer countries of the West and of those of developing countries is the main cause of global migration. The crudest way to assess differences in earning potential between countries is in terms of average per capital income. This is most stark in the Mexico-US border area. A survey conducted among apprehended undocumented workers in 1996 reveal that migrant workers earned US$278 per week in the US compared to US$31 per week on the Mexican side of the border. That is a ration of 9:1. In Poland-Germany hourly wages for Polish construction workers in Germany in 1996 were around DM7 compared to DM2 they could earn in Poland. In Indonesia-Malaysia in 1997, Indonesian laborers could earn 28 cents a day at home compared to $2 in neighboring Malaysia. A selection of hourly labor costs show disparities which could be the basis for migration. Obviously, the first, long term solution to the problem of labor migration should be settled through the equalization process of the global economy. Where the global economy displays huge inequalities, there will be gaps in labor supply and demand between states which will continue to fuel labor migration. Secondly, as long as global inequalities remain, the states especially of the sending countries must take an active part in the protection of migrant workers rights. For a long period there will only be a micro solution for every single case of migrant worker rights abuse. Thus the importance of migrant workers networks and activism. |
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