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Nepal's citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country's GDP. The Middle East is now the most popular destination for Nepalis -- nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers report psychological and physical abuse, and other forms of labor exploitation that may rise to the level of forced labor, debt bondage or other forms of trafficking. Women engaged in domestic work are often isolated in the home, where they may also endure emotional, physical and sexual abuse. The story of labor migration begins and ends at home. The conditions that give rise to labor trafficking are often set pre-departure in the recruitment phase itself. Between 2012 and 2014, researchers from Nepal, Australia and the United States conducted a study on migrant workers' access to justice in Nepal, including for exploitation and trafficking. Justice was defined to comprise both compensation for losses, and the holding of perpetrators accountable, for example through fines, licensing sanctions, or even imprisonment. The study found that overall access to justice in Nepal was extremely low, especially for migrant workers who have been survivors of labor trafficking. However, clear routes exist to improvement. The full results of the study, and related recommendations, are contained in the report Migrant Workers Access to Justice at Home: Nepal. This is the second study in a series providing a comprehensive analysis of migrant workers' access to justice at home; the first study, Migrant Workers Access to Justice at Home: Indonesia, was published October 2013.
Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment. Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour. The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.
Further to the 28th Conference of European Ministers of Justice (Lanzarote, Spain, 25-26 October 2007), the Council of Europe has continued working on access to justice for migrants and asylum seekers. This publication contains an assessment of the situation faced by this vulnerable category of persons in accessing justice. It deals in particular with the identification of measures - both existing and new - for facilitating and ensuring such access for these people.
If the right policies are in place, labour migration can help countries respond to shifts in labour supply and demand, stimulate innovation and sustainable development, and transfer and update skills. However, a lack of international standards regarding concepts, definitions and methodologies for measuring labour migration data still needs to be addressed. This report gives global and regional estimates, broken down by income group, gender and age. It also describes the data, sources and methodology used, as well as the corresponding limitations. The report seeks to contribute to the 2018 Global Compact for Safe, Orderly and Regular Migration and to achieving SDG targets 8.8 and 10.7
The story of the growing resistance of Mexican communities to the poverty that forces people to migrate to the United States People across Mexico are being forced into migration, and while 11 percent of that country’s population lives north of the US border, the decision to migrate is rarely voluntary. Free trade agreements and economic policies that exacerbate and reinforce extreme wealth disparities make it impossible for Mexicans to make a living at home. And yet when they migrate to the United States, they must grapple with criminalization, low wages, and exploitation. In The Right to Stay Home, journalist David Bacon tells the story of the growing resistance of Mexican communities. Bacon shows how immigrant communities are fighting back—envisioning a world in which migration isn’t forced by poverty or environmental destruction and people are guaranteed the “right to stay home.” This richly detailed and comprehensive portrait of immigration reveals how the interconnected web of labor, migration, and the global economy unites farmers, migrant workers, and union organizers across borders. In addition to incisive reporting, eleven narratives are included, giving readers the chance to hear the voices of activists themselves as they reflect on their experiences, analyze the complexities of their realities, and affirm their vision for a better world.
A longtime immigration activist explores what it means to be an undocumented American—revealing the ever-shifting nature of status in the U.S.—in this “impassioned and well-reported case for change (New York Times) In this illuminating work, immigrant rights activist Aviva Chomsky shows how “illegality” and “undocumentedness” are concepts that were created to exclude and exploit. With a focus on US policy, she probes how people, especially Mexican and Central Americans, have been assigned this status—and to what ends. Blending history with human drama, Chomsky explores what it means to be undocumented in a legal, social, economic, and historical context. The result is a powerful testament of the complex, contradictory, and ever-shifting nature of status in America.
Presents innovative perspectives on the moral and legal obligations of individuals and institutions toward workers in the global era.
Contributed articles.
The COVID-19 pandemic resulted in a mass exodus of India’s migrant workers from the cities back to the villages. This book explores the social conditions and concerns around health, labour, migration, and gender that were thrown up as a result of this forced migration. The book examines the failings of the public health systems and the state response to address the humanitarian crisis which unfolded in the middle of the pandemic. It highlights how the pandemic-lockdown disproportionately affected marginalised social groups – Dalits and the Adivasi communities, women and Muslim workers. The book reflects on the socio-economic vulnerabilities of migrant workers, their rights to dignity, questions around citizenship, and the need for robust systems of democratic and constitutional accountability. The chapters also critically look at the gendered vulnerabilities of women and non-cis persons in both public and private spaces, the exacerbation of social stratification and prejudices, incidents of intimidation by the administration and the police forces, and proposed labour reforms which might create greater insecurities for migrant workers. This important and timely book will be of great interest to researchers and students of sociology, public policy, development studies, gender studies, labour and economics, and law.
As the struggle against neoliberalism becomes ever more global, Just Work will be the definitive book on the growing social and political power of one its major forces: migrant labor. From trade unions in South Africa to resistance in oppressive Gulf states, migrating forest workers in the Czech Republic, and illegal workers' organizations in Hong Kong, Just Work brings together a wealth of lived experiences and frontline struggles for the first time. Highlighting developments in the wake of austerity and attacks on traditional forms of labor organizing, the contributors show how workers are finding new and innovative ways of resisting. The result is both a rich analysis of where the movement stands today and a reminder of the potentially explosive power of migrant workers in the years to come.