Forced Labour Migration and Migrant Rights Activism in Asia Professor Nicola Piper

Forced Labour Migration and
Migrant Rights Activism in Asia
Professor Nicola Piper
MA in Human Rights and Democratisation (Asia Pacific)
Objectives
› Shedding light on conceptual confusion between FL, slavery, trafficking
(yet, many overlaps)
› Sensitisation of political discourse around those concepts
› Institutional architecture around this topic area
› NGO/trade union campaigns
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Trafficking
› Trafficking
- usually treated as a women’s/children’s issue (historical reasons)
- predominantly applied to prostitution/’sex and entertainment’ sector
The main international NGO networks involved:
- Global Alliance Against Trafficking in Women (GAATW)
- Coalition Against Trafficking in Women (CATW)
- ECPAT (End Child Prostitution, Child Pornography & Trafficking of Children for
Sexual Purposes)
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But trafficking is more than that….
› “people are generally not aware that anti-trafficking laws can
be applied just as readily to a situation involving the
exploitation of a male industrial cleaner, for example, as
they could to a woman brought to Australia for the purpose
of sex slavery”
› (Fiona David, “Labour Trafficking”, 2010: iii)
Remaining issues for critical debate concern the validity of drawing a
distinction between sex trafficking and labour trafficking……
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Trafficking in Persons
UN Definition
› Article 3 of the UN Trafficking Protocol (UN 2000) defines trafficking as a
process composed of three elements:
› 1. an action by the trafficker (recruitment, transportation, transfer,
harbouring or receipt of persons), and
› 2. the action must be undertaken by one of the following means: force or
threat of force, other forms of coercion, abduction, fraud, deception, abuse
of power, giving or receiving payments to achieve consent of a person
having control over another; and
› 3. the action must be undertaken for the purpose of ‘exploitation’, a
concept which includes at a minimum, the exploitation of the prostitution of
others or other forms of sexual exploitation, forced labour or services,
slavery or practices similar to slavery, servitude or the removal of organs
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Trafficking/forced labour
Two components/angles:
1.
migration (internal/international)
a. irregular (“illegal”) migration across borders
b. rural to urban in internal context (China, VN)
= confiscation of passports;
1.
exploitation/force/coercion element
= false promises, abduction, debt bondage
a. who is victim/perpetrator?
b. who is responsible? (legally, politically)
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Migration element
Understanding migration dynamics
› Drivers of migration (push and pull factors)
› Migration policies
- restrictive/selective, on employer tied temporary basis, few legal channels
› Migration process
- involvement of recruitment agencies/middle person/brokers – incurrence of huge
debts (Bassina Farbenblum’s work)
› Feminisation of migration
- domestic/care work (Stuart’s topic)
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Exploitation/Coercion element
Two angles:
› 1. crime
angle (punitive approach)
- focus on individual traffickers as violators
- in context of international migration, states see themselves as victims (of illegal
border crossing)
(difference between smuggling and trafficking – confusion over that)
2. human
rights angle
- focus on human rights of the trafficked
violence against women
victim support
labour rights (e.g. ‘sex work’ frame) = POST-MIGRATION
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Forced Labour
› not solely related to context of migration
› from work/employment perspective
- specific sectors:
• agriculture/plantations
• fishing
• cleaning
• hospitality
• domestic work
• construction
• manufacturing industries
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Forced Labour - advocacy
› Integrating Forced Labour into Forced Migration
- addressee: Global Migration Governance institutions/fora/discourse
• migration-development nexus
- actors:
• Migrant Forum in Asia (which is part of the PGA and the GCM) and
• global trade unions (esp BWI, ICTU – e.g. 2022 FIFA World Cup campaign)
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“Make migration a choice not a necessity”
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“right not having to migrate”/”right to remain”
› „..... the right not to emigrate should be in place in the
countries of origin. This implies creating the necessary
conditions that transform migration into a choice rather
than a necessity“
› (Final Declaration of the 5th World Social Forum on Migration, clause 31,
2012)
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Forced Migration frame…
…to address the “push” factors from a HR perspective
› Human rights as a core framework in development
› Right to Development (Declaration from 1986)
› Rights-based approach to development
› In context of labour migration:
- Right to Work/Decent Work and Right to Social Security/Protection ‘at home’ and
‘abroad’ – ICESCR
In context of critiquing the neoliberal growth-oriented model of development built on
privatisation, withdrawal of the state from providing public goods etc.
= specific gender implications (triple feminisation of work, migration and
poverty)
But: difficulties of addressing social and economic rights persist!
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Statement by President Benigno Aquino III….
……in his Social Contract with the Filipino People
Expressing the need to move from a
› “government that treats its people as an export
commodity and a means to earn foreign exchange,
disregarding the social cost to Filipino families to a
government that creates jobs at home, so that working
abroad will be a choice rather than a necessity, and when its
citizens do choose to become OFWs, their welfare and
protection will still be the government priority”
›
(Aquino, 2012)
› Blurring of citizenship and human rights by placing greater emphasis on
responsibilities to deliver migrant rights by origin countries…..
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Advocacy – Levels of Engagement
› Global and national level – how about regional (ASEAN)?
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The END
› Thank you for your attention!
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