MIGRATION, HUMAN TRAFFICKING IN ERA OF GLOBALIZATION. MIGRATION, HUMAN TRAFFICKING IN ERA OF GLOBALIZATION. By Irene Fernandez.

MIGRATION, HUMAN MIGRATION, HUMAN TRAFFICKING IN ERA OF TRAFFICKING IN ERA OF

GLOBALIZATION.GLOBALIZATION.ByBy

Irene FernandezIrene Fernandez

GLOBAL MIGRATION.GLOBAL MIGRATION. More than 250 million people working as migrant More than 250 million people working as migrant

workers world-wide. workers world-wide. In Asia alone more than 80 million are on the In Asia alone more than 80 million are on the

move .move . Indonesia, Sri Lanka and Philippines, more than Indonesia, Sri Lanka and Philippines, more than

70% of the total number that go as overseas 70% of the total number that go as overseas contract workers are women contract workers are women

In 2007, the Remittances sent by migrants In 2007, the Remittances sent by migrants globally was 338 billion dollars which is the third globally was 338 billion dollars which is the third largest foreign exchange value.largest foreign exchange value.

NEO LIBERAL GLOBALIZATIONNEO LIBERAL GLOBALIZATION

WTO AGREEMENTS AND POLICIES for WTO AGREEMENTS AND POLICIES for TOTAL TRADE LIBERALIZATION.TOTAL TRADE LIBERALIZATION.

GATS MODE 4 – TEMPORARYMOBILITY OF GATS MODE 4 – TEMPORARYMOBILITY OF LABOR IN SERVICES AND DEREGULATED LABOR IN SERVICES AND DEREGULATED LABOR-NO PERMANENT MIGRATION.LABOR-NO PERMANENT MIGRATION.

WTO HAS COLLAPSED. THE STRATEGY NO WTO HAS COLLAPSED. THE STRATEGY NO LONGER WORKS.LONGER WORKS.

WHAT OTHER WAYS? WHAT OTHER WAYS?

SUSTAIN NEO LIBERAL SUSTAIN NEO LIBERAL GLOBALIZATION?GLOBALIZATION?

The rich countries, transnational The rich countries, transnational corporations and the elite of source corporations and the elite of source countries have gained.countries have gained. Failed economies in countries that followed Failed economies in countries that followed the neo liberal policies the neo liberal policies Wide inequalities, increase of poverty and Wide inequalities, increase of poverty and hunger etc.hunger etc. Cheap, temporary, contractual, unorganized, Cheap, temporary, contractual, unorganized, unrecognized and vulnerable form of labor unrecognized and vulnerable form of labor that increase capital.that increase capital.

GREAT OPPORTUNITYGREAT OPPORTUNITY

Send your people – LABOR EXPORT.Send your people – LABOR EXPORT.Temporary & cheap – DEREGULATE Temporary & cheap – DEREGULATE

LABOR.LABOR. Let the poor survive with the work Let the poor survive with the work

overseas.overseas.Let families depend on MWsLet families depend on MWsREMITTANCES! YES REMITTANCESREMITTANCES! YES REMITTANCES

DEPENDENCY SYNDROMEDEPENDENCY SYNDROME Families DEPEND on Migrant. The family Families DEPEND on Migrant. The family

numbers increase.numbers increase. The community depends on the migrantsThe community depends on the migrants The nation depends on the migrants to sustain The nation depends on the migrants to sustain

the failing economy.the failing economy. Develops strong labor export policyDevelops strong labor export policy Searches for new markets.Searches for new markets. Creates new ways to extract money from the Creates new ways to extract money from the

workerworker

MIGRATION POLITICSMIGRATION POLITICS

Migration politics aims to keep the system Migration politics aims to keep the system of borders and territories whilst in the of borders and territories whilst in the same time exploits the wage and same time exploits the wage and reproduction cost differential between reproduction cost differential between countries. The political economy of the countries. The political economy of the wage ratio between Singapore and wage ratio between Singapore and Indonesia (1: 289), Mexico and the US Indonesia (1: 289), Mexico and the US (1:50), or Germany and Poland (1:10) are (1:50), or Germany and Poland (1:10) are well documented. well documented.

MIGRATION POLITICSMIGRATION POLITICS Many members of the more prosperous economies are Many members of the more prosperous economies are

beginning to agree to the concept that there is a world of beginning to agree to the concept that there is a world of two 'camps', separated and unequal, in which the rich two 'camps', separated and unequal, in which the rich will have to fight and the poor will have to die if mass will have to fight and the poor will have to die if mass migration is not to overwhelm us" This is how the migration is not to overwhelm us" This is how the conservative French thinker Rapail has been appreciated conservative French thinker Rapail has been appreciated by US-American policy advisors. It prepares the ground by US-American policy advisors. It prepares the ground for a 'militarisation of migration control', and also signals for a 'militarisation of migration control', and also signals the willingness of the international community to sacrifice the willingness of the international community to sacrifice life for the sake of defending the status quo of social life for the sake of defending the status quo of social injustice, inequality and exclusion.injustice, inequality and exclusion.

MIGRATION POLITICSMIGRATION POLITICS Migration has many facets such as containing Migration has many facets such as containing

the movement of the poor to the centres of the movement of the poor to the centres of wealth, or in opposite the recruitment of migrant wealth, or in opposite the recruitment of migrant labour to accumulation centres. It can be the labour to accumulation centres. It can be the expulsion of 'surplus people' from their soil or the expulsion of 'surplus people' from their soil or the blocking of escape moves from war or ecological blocking of escape moves from war or ecological disaster. Migration has been analysed as a disaster. Migration has been analysed as a potential of being a precondition to economic potential of being a precondition to economic growth as well as a threat to capitalism and growth as well as a threat to capitalism and accumulation; therefore recruitment and accumulation; therefore recruitment and containment are closely related. containment are closely related.

FORCED MIGRATIONFORCED MIGRATION Inequalities have widened and sharpened Inequalities have widened and sharpened

in our world. in our world. 3 F’s significant impact on communities:3 F’s significant impact on communities: - CRISES OF FOOD, FUEL AND - CRISES OF FOOD, FUEL AND

FINANCE.FINANCE.Compounded with CLIMATE CHANGE.Compounded with CLIMATE CHANGE.

MALAYSIA – RICH AND MALAYSIA – RICH AND BOOMINGBOOMING

NEEDS 5 MILLION NEEDS 5 MILLION FOREIGN WORKERS FOREIGN WORKERS by2010.by2010.

BIG BUSINESSBIG BUSINESS

MigrationMigration is a is a Big BusinessBig Business

which is highly which is highly OrganizedOrganized, ,

StructuredStructured & a & a SystemSystem to to make moneymake money..

SECURITY not LABORSECURITY not LABOR

There is a fundamental problem that runs like a There is a fundamental problem that runs like a thread through the government migrant policy. It thread through the government migrant policy. It focuses on treating migration as a matter of focuses on treating migration as a matter of “security” rather than being handled as a labor “security” rather than being handled as a labor concern by the Human Resources Ministry.concern by the Human Resources Ministry.

Government continues to view migrants as a Government continues to view migrants as a national security threat and accordingly provide national security threat and accordingly provide the leading governing role to the Ministry of the leading governing role to the Ministry of Home Affairs (MHA).Home Affairs (MHA).

STIGMASTIGMA Multilayered Multilayered

process of process of DevaluationDevaluation

DiscriminationDiscrimination

Contract Violated but What Contract Violated but What Can We DoCan We Do??

OUTSOURCING OF LABOR OR OUTSOURCING OF LABOR OR TRAFFICKING IN PERSONSTRAFFICKING IN PERSONS

DERULATION PROCESS?

Bonded Labour - DWsBonded Labour - DWs

State/s have State/s have institutionalised institutionalised bonded labour bonded labour

Passports Passports withheldwithheld

Restriction of Restriction of movementmovement

Unpaid wagesUnpaid wages No off daysNo off days Recruiting Recruiting

Agents Agents Double jobsDouble jobs

Have elements of Trafficking

in Modern Day Slavery

Outsourcing of Labor.Outsourcing of Labor.

In this form of outsourcing, the company In this form of outsourcing, the company provides an industry, often referred to as the provides an industry, often referred to as the Principal, with workers to do the job or tasks. Principal, with workers to do the job or tasks. The outsourcing company is left with the The outsourcing company is left with the responsibility of recruitment, of management responsibility of recruitment, of management of the workers including wages, living of the workers including wages, living quarters, transport to work and meeting all quarters, transport to work and meeting all legal requirements, as in the case of migrant legal requirements, as in the case of migrant workers. workers.

APPROVAL AND FEES CHARGED IN MALAYSIA PER WORKERS- APPROVAL AND FEES CHARGED IN MALAYSIA PER WORKERS- RM 3500 - RM 6000RM 3500 - RM 6000

FeesFees AmountAmount

Marketing fees for the agentMarketing fees for the agent RM 200 – RM500RM 200 – RM500

Verifies contract, quota of workers and Verifies contract, quota of workers and eligibility by KDN and approvaleligibility by KDN and approval

RM 1500 – RM2000RM 1500 – RM2000

Levy (see table 4) Levy (see table 4) RM 360 – RM1800RM 360 – RM1800

calling Visacalling Visa RM 300 – RM500RM 300 – RM500

Lobbyist fees for Human resource Lobbyist fees for Human resource manager/local agent/outsourcing manager/local agent/outsourcing

companycompany

RM 1000 – RM1200RM 1000 – RM1200

Bank GuaranteeBank Guarantee RM 30 – RM30 RM 30 – RM30

Attestation and other fees:Attestation and other fees: RM 50 – RM55RM 50 – RM55

TotalTotal RM 3440 – RM6085RM 3440 – RM6085

UN Protocol To Prevent, Suppress And Punish UN Protocol To Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Trafficking In Persons, Especially Women And

ChildrenChildren

Definition Definition (a) (a) “Trafficking in persons” shall mean the recruitment, “Trafficking in persons” shall mean the recruitment,

transportation, transfer, harbouring or receipt of transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or persons, by means of the threat or use of force or other forms of coercion, of abduct-ion, of fraud, of other forms of coercion, of abduct-ion, of fraud, of deception, of the abuse of power or of a position of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having or benefits to achieve the consent of a person having control over another person, for the purpose of control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the slavery or practices similar to slavery, servitude or the removal of organs; removal of organs;

Modern Day SlaveryModern Day Slavery

Forced ProstitutionForced ProstitutionBonded Labour Bonded Labour Smuggling and Smuggling and

Trafficked for babies Trafficked for babies Foreign Brides Foreign Brides Selling of OrgansSelling of Organs

LIFE THREATENING, FORCED LABOR LIFE THREATENING, FORCED LABOR

AND TRAFFICKING IN PERSONSAND TRAFFICKING IN PERSONS.. More than 60,000 More than 60,000

Burmese refugees in Burmese refugees in Malaysia.Malaysia.

The dictatorship and The dictatorship and attack on ethnic attack on ethnic burmese increases burmese increases daily.daily.

Situation getting Situation getting worse after saffron worse after saffron revolution. revolution.

Malaysia’s Malaysia’s Arrogance Arrogance of of PowerPower

Malaysia Malaysia refusesrefuses to sign the UN to sign the UN Convention 51 on REFUGEES.Convention 51 on REFUGEES.

The only reason given so far is that The only reason given so far is that the whole population of Burma will the whole population of Burma will wade into Malaysian territory. – wade into Malaysian territory. – Fear Fear or Self centerednessor Self centeredness??

Malaysia then recognizes all Malaysia then recognizes all refugees as refugees as “illegal” migrants.“illegal” migrants.

RELA- The New RELA- The New EnforcersEnforcers

THE THE CRACKDOWNCRACKDOWN

CLIMATE OF FEARCLIMATE OF FEAR . By creating a climate of fear through . By creating a climate of fear through

arrest and detention among migrant arrest and detention among migrant workers, MHA has made the country less workers, MHA has made the country less secure by undermining the kinds of policy secure by undermining the kinds of policy initiatives need to effectively manage initiatives need to effectively manage migration for mutual benefit with respect of migration for mutual benefit with respect of rights for migrants, for employers and the rights for migrants, for employers and the nation as a whole.nation as a whole.

criminalizationcriminalizationCycle of Violence, Abuse and Cycle of Violence, Abuse and

TortureTorturecriminalization

Securitization &surveillance

Risk of arrest,Detention &harassment

WHIPPEDWHIPPED

RIGHT TO STAYRIGHT TO STAY

AccessAccess

Denied Denied

Length of time takenLength of time taken

1 Yr or less33.80%

1- 2 Yrs28.38%

2- 3 Yrs6.75%

3- 4 Yrs27.01%

5- 6 Yrs1.35%4- 5 Yrs

2.70%

Case of Mohd. ZakiCase of Mohd. Zaki

4-1998

1999

11/99

2000

2002

4 yrs later

waiting

?

DismissedFrom work

IRD negotiation

Referred to Ct

Won case/employer appealed

High CtSquashed JudgmentReferred to IRC

Re-filed

Refused Visa-

No Sponsor

undocumented

Case of Md. HossainCase of Md. Hossain

2000

17-6-01

5-7-01

30-9-01

12-2002

27-5-03

6-2003

8-2003

10-2003

WorkerCahayaTimber Industries

DismissedNo Salarypaid

Filed Case- IRD

Referred to Ind. Ct

Visa Refused

Arrested in

Shah Alam

Charged Sentenced5 mths +

1 whipping

High Ct.revision but

whipping done

Deported

RIGHT TO STAY DENIEDRIGHT TO STAY DENIED

The Immigration Policy gives a special The Immigration Policy gives a special pass renewable only up to 3 months.pass renewable only up to 3 months.

Beyond 3 months, the MW is required Beyond 3 months, the MW is required to return to his country.to return to his country.

When the case resumes, he is expected When the case resumes, he is expected to return at his own cost to seek to return at his own cost to seek redress.redress.

THE EMPLOYMENT ACTTHE EMPLOYMENT ACT

Though the Act gives Right to redress, yet Though the Act gives Right to redress, yet it becomes toothless for migrant workers.it becomes toothless for migrant workers.

Migrant worker remains in a state of Migrant worker remains in a state of paralysis when he tries to assert his rightsparalysis when he tries to assert his rights

SUPER EXPLOITATIONSUPER EXPLOITATION

Employers are able to violate rights with Employers are able to violate rights with impunity.impunity.

The exploitation is consciously The exploitation is consciously institutionalized by the Home Ministryinstitutionalized by the Home Ministry

The Human Resources is toothless.The Human Resources is toothless. The Judiciary is insensitive and passes The Judiciary is insensitive and passes

judgement from guidance of the judgement from guidance of the Prosecutors.Prosecutors.

IMPACTIMPACT

SlaverySlavery Workers are a commodity to be Workers are a commodity to be

bought, used and thrown away. bought, used and thrown away. NO RIGHTS NO RIGHTS NO VOICE. NO STRENGTH AS NO VOICE. NO STRENGTH AS

WORKERS.WORKERS.

MALAYSIA AS DESTINATION MALAYSIA AS DESTINATION COUNTRYCOUNTRY

PRACTICES MODERN DAY SLAVERY.PRACTICES MODERN DAY SLAVERY.

NOT SURPRISING WE ARE IN TIER 3 OF NOT SURPRISING WE ARE IN TIER 3 OF THE US REPORT ON TRAFFICKING IN THE US REPORT ON TRAFFICKING IN

PERSONS.PERSONS.

CORRUPTION IS ENTRENCHED AND CORRUPTION IS ENTRENCHED AND EMBEDDED TO A POINT IT IS EMBEDDED TO A POINT IT IS ENDORSED AT ALL LEVELS.ENDORSED AT ALL LEVELS.

WTO-GATS MODE 4WTO-GATS MODE 4

Through this sanctioned trade in human Through this sanctioned trade in human beings as labor commodities, today the beings as labor commodities, today the global elite has created a global bonded global elite has created a global bonded contract system of labor which is intensely contract system of labor which is intensely exploitative with punitive controls by exploitative with punitive controls by employers and the state. The worker has employers and the state. The worker has no or limited access to justice and no or limited access to justice and representation representation

Do We Respond?Do We Respond?

Any form of Any form of response must be response must be based on based on fundamental human fundamental human rights like right to rights like right to move and right to move and right to stay. The principle stay. The principle has to be on an has to be on an open migration open migration policy with policy with recognition of recognition of refugeesrefugees