Rights of Foreign Workers and the Politics of Migration in South-East and East Asia

The issue of cross‐border migration in South‐East and East Asia is linked to the integration of regional, if not global, labour markets. The types of labour that are currently in demand have changed substantially since the 1990s in terms of (1) overall magnitude, (2) gender composition, and (3) increased diversification. This paper, however, focuses upon those workers classified as unskilled as they constitute numerically the largest and most vulnerable group. The challenges to provide adequate protection from, and prevention of, exploitative and abusive practices that seriously minimize the socio‐economic benefits for these workers are linked to migration policies and the issue of rights in the origin and destination countries. This paper's objective is to provide a broad outline of the emerging trends and issues revolving around contemporary cross‐border labour migration and the politics of migrants' rights in South‐East and East Asia, illustrated by the difficulties experienced with the ratification of the 1990 United Nations Convention on the Rights of All Migrants and their Families (ICMR). The data this paper is based upon were collected for a report commissioned by the United Nations Educational, Scientific and Cultural Organization (UNESCO) with fieldwork carried out in seven countries located in the Asia Pacific region. It is argued that ratification of the ICMR is obstructed by politics and by a lack of political will. A rights‐based approach to the protection of migrant labour is thus related to a number of macro and micro level issues, revolving around development and practices of “good governance” in addition to interstate relations. This means that the promotion of migrants' rights requires a holistic approach addressing national and transnational issues in an era of increasing mobility across borders.     

‘Skeptics’ and ‘believers’: anti-trafficking,sex work,and migrant rights activism in South Africa

ABSTRACT

Very little is known about activism, as it relates to the issue of migration in South Africa. Yet, migration policy and migration governance are increasingly becoming important to states like South Africa, which, 22 years into democracy, finds itself being home to the second highest number of migrants in Africa. This paper fills this gap by exploring multi-level policies and advocacy experiences of activists working on migration in a post-colonial context of South Africa through the lens of key contestations around the trafficking discourse in South Africa from 2005 to 2018.     

Ignoring rights is wrong: re-politicizing gender equality and development with the rights-based approach

Corporate sponsors and humanitarian organizations have joined popular authors and international institutions in bringing attention to gender inequality though “smart economics” and “investing in women.” These social marketing messages and donor strategies mimic arguments for gender equality from the 1970s and 1980s. Rather than building on the rights-based development and best practices of the 1990s, they ignore the critical roles of political capacity and participation that the past forty years and feminist analysis of development achievements and failures have taught us are essential to taking on gender and economic inequality. Certain trends in foreign aid accountability share this silence on the importance of political capacity. In contrast, the rights-based approach to gender equality and development (RBA) is a political approach to development. We reconcile the need for aid accountability with the need for a focus on politics by outlining key political processes of the rights-based approach. The RBA is a way of doing development that is attentive to process and power. We can use the RBA not just as a guide for how to do development, but also as a way to think about processes as outcome measures. The processes that the RBA requires are processes that build capacity for marginalized women and people.     

The politics of global youth participation

This article critically examines increased opportunities for youth participation in global political affairs created by the United Nations and its member states in the 2010s. Drawing on ethnographic fieldwork and interviews at three global youth conferences, this study demonstrates the operationalization of participatory governance, a current mode of global politics, that seeks to engage multi-stakeholders in a seemingly more democratic and egalitarian process. It investigates how the structure and culture of participation mechanisms found in international political processes limited youth engagement. Young people expressed both dissatisfaction with what they perceived to be their inability to participate meaningfully and their desire to fulfill their human right to participation. The author argues that this reflects the construction an ideal global youth-citizen today as marked by an individual’s exercise of compulsory participation as a self-governing and responsible subject. Participation is employed as a mode of governance so that young people may instrumentally advance thier life chances against the insecurities of social risks imposed on them in the retreat of state provisions. The study underscores the need to critically examine the institutionalization of political youth agency.     

The Land Question in the Food Sovereignty Project

Abstract

This essay explores the changing landscape of food sovereignty politics in the shadow of the so-called ‘land grab’. While the food sovereignty movement emerged within a global agrarian crisis conjuncture triggered by northern dumping of foodstuffs, institutionalized in WTO trade rules, the twenty-first-century food, energy and financial crises intensify this crisis for the world's rural poor (inflating prices of staple foods and agri-inputs) deepening the process of dispossession. The circulation of food is compounded by global financial flows into enclosing land for industrial agriculture and/or speculation, challenging small producer rights across the world. Under these conditions, the terms of struggle for the food sovereignty movement are shifting towards a human rights politics on the ground as well as in global forums like the FAO's Committee on World Food Security. This includes in particular the need to develop a discursive politics to reframe what is at stake, namely the protection and support of a production model based on social co-operation, multi-functionality and ecologically restorative principles.     

Gendering Global Governance

In this article I map out the major debates on global governance and the feminist critiques of the mainstream interventions in these debates. I argue that the shift from government to governance is a response to the needs of a gendered global capitalist economy and is shaped by struggles, both discursive and material, against the unfolding consequences of globalization. I suggest feminist interrogations of the concept, processes, practices and mechanisms of governance and the insights that develop from them should be centrally incorporated into critical revisionist and radical discourses of and against the concept of global governance. However, I also examine the challenges that the concept of global governance poses for feminist political practice, which are both of scholarship and of activism as feminists struggle to address the possibilities and politics of alternatives to the current regimes of governance. I conclude by suggesting that feminist political practice needs to focus on the politics of redistribution in the context of global governance.     

Ten years of the CRPD’s adoption in China: challenges and opportunities

This article examines the challenges and opportunities of implementing the CRPD's rights-based model in China, especially the effects of the diminishing space for civil society on the nascent disability rights movement. A disability rights movement emerged as a direct result of the CRPD’s adoption in 2008. Two recent restrictive civil society legislations, however, undermined this process. While the diminishing space of civil society has posed great challenges to the movement by marginalizing the rights advocacy approach, it has created an opportunity for service-oriented disability associations to thrive. While service-oriented associations are often ignored by disability studies scholarship and the disability rights movement, I argue that, through these organizations, persons with disabilities in China have done critical identity work and substantively increased their level of independence in their daily lives. As a result, a disability rights consciousness continues to be built in China, despite governmental hostility to political advocacy.     

Civil society challenges the global food system: the International Monsanto Tribunal

ABSTRACT

The global food system has severe implications for human health, soil quality, biodiversity, and quality of life. This paper provides an analysis on how transnational alliances challenge the global food system. We illustrate this by focusing on the activities and hearings of the International Monsanto Tribunal (IMT), held in the Hague in 2016. The IMT provided a platform for civil society and enabled transnational alliances to demand attention for local struggles and legal disputes in relation to Monsanto’s products. With the involvement of independent and renowned experts, the knowledge exchange between local victims and civil society was enhanced, and the IMT reinforced social movement’s goals towards demanding justice for the negative effects associated with the global food system. The advisory opinion determined that Monsanto’s practices are in violation with human rights standards. The IMT exemplified that there is an immediate need for structural change in the current global food system.     

Building alliances: Defending immigrant rights in rural Oregon

Political participation in the rural United States has often been narrowly defined within the confines of electoral politics. Increasingly, participants in rural US social movements have highlighted the shortcomings of democracy defined purely in terms of electoral politics in favour of a more participatory model of politics that focuses on the social and cultural rights of those who are often formally or informally excluded from the liberal definition of citizenship. This article highlights the process of claiming rights as cultural citizens in a political context where there are efforts through the formal political system—usually in the form of ballot referendums at the state or local level—to further limit the rights of specific constituencies such as gay, lesbian and transgendered individuals or immigrants. A second focus of this article is on the dynamics of solidarity and alliance building between different kinds of social movements acting in concert to push for cultural rights and then formal rights for each other's constituencies. The article specifically seeks to illustrate how two organizations that share quite different constituencies and agendas can effectively collaborate in regional and state-wide campaigns in the rural state of Oregon, while also honestly discussing their differences and difficulties in working together.     

The rights of migrant workers: Economics,politics and ethics

The labour immigration policies of high‐income countries are characterized by trade‐offs between openness to admitting migrant workers and some of the rights granted to migrants after admission. This empirical observation lies at the heart of the author's 2013 book, The price of rights: Regulating international labor migration. In this article, he reviews its main findings, arguments and policy implications and responds to a critical review of the book that was published in the International Labour Review in 2015. He concludes with a plea for more open debate on the linkages between migrant rights, labour migration and development among national and international organizations concerned with these issues.     

Broadening the Land Question in Food Sovereignty to Northern Settings: A Case Study of Occupy the Farm

Abstract

Land access is an accepted corollary to food sovereignty, long promoted by the transnational agrarian movement La Via Campesina (LVC). LVC's land access politics have evolved with increased incorporation of diverse perspectives, but remain largely focused on achieving ‘integral agrarian reform’ in the global South. Here, I take a case where food sovereignty activists (‘Occupy the Farm’ (OTF)) occupied land owned by a public university in California, the USA, in order to broaden food sovereignty's land access considerations beyond the South, and to analyze conditions where political actions (including occupations) can help achieve changes in land access regimes. The OTF action was successful in challenging cultural norms about property and achieving access, partly due to the occupation having foregrounded multiple appealing narratives that invited participation and wider support. These narratives included agroecology versus biotechnologies; community/public access versus privatization; participatory versus bureaucratic governance structure; and green space/food production versus urban development. The article tests the use of the ‘land sovereignty’ frame in expanding food sovereignty's land politics, to encompass land contestation contexts globally and deal with the particular conditions surrounding lands. The case indicates that land occupations in the North are potentially useful—but uncertain, and very context-dependent—tactics to promote land and food sovereignty.     

Migration,Precarization and the Democratic Deficit in Global Governance

This article attempts to provide a critical understanding of the dual signification of “precarity”. It explores what “precarity” as a concept may potentially offer to studies of the changing contemporary political economy of migration. It discusses shifting trends in global migration and point to tendencies for a possible convergence between “South” and “North”, “East” and “West”. Based on a review of current advances in research, it discusses, with reference to the classical work of Karl Polanyi, the potential for a contemporary “countermovement” which would challenge the precarity of migrants. Bringing forward the issue of the “space for civil society” the article addresses a still lingering democratic deficit in the global governance of migration.

Policy Implications

The article is relevant to policymakers, trade unions and civil society organizations. It contributes to the understanding of policy making processes in emerging multilevel global governance and focuses on issues of precarization, migration, and the implementation and accountability of human, migrant and labour rights.     

Engaging girls with disabilities in Vietnam: making their voices count

This article addresses a theoretical and methodological intervention in support of inclusion for girls with disabilities in Vietnam. Drawing on an internationally collaborative project, Monitoring Educational Rights for Girls with Disabilities in Vietnamese schools, we critically engage the politics of inclusion and exclusion of girls with disabilities in education. Using a critical methodological framework that foregrounds the lived experiences of 21 girls with disabilities in Vietnam, we ask how we might strengthen participatory knowledge production through the work of monitoring rights in order to inform practices and policies related to disability and education. Through a preliminary analysis of the visual data emerging from our participatory visual methodologies, we demonstrate how these methods can contribute to constructing more inclusive practices and policies for girls with disabilities in both the Vietnamese and the global contexts.     

Migrant Membership as an Instituted Process: Transnationalization,the State and The Extra‐Territorial Conduct of Mexican Politics1

How should we conceptualize membership, citizenship and political community in a world where migrants and their home states increasingly maintain and cultivate their formal and informal ties? This study analyzes the extra‐territorial conduct of Mexican. politics and the emergence of new migrant membership practices and relations between migrants and home states. Standard globalist, transnationalist or citizenship theories cannot properly contextualize and analyze such practices. I propose that we rethink the concept of membership in a political community not only as a Marshallian status granted by states, but also as an instituted process embedded within four other institutions and processes: home state domestic politics; the home state's relationship to the world system; a semi‐autonomous transnational civil society created in part by migration; and the context of reception of migrants in the United States. A main conclusion is that the state itself plays a key role in creating transnational political action by migrants and new migrant membership practices. The article draws on printed sources and interviews and ethnography done since 1990.     

Tokens or Stakeholders in Global Migration Governance? The Role of Affected Communities and Civil Society in the Global Compacts on Migration and Refugees

Focussing on the inclusion of those primarily affected as stakeholders (refugees and other migrants), this article addresses a key ambition of the compacts themselves. We employ an ‘inside‐outside’ perspective and firstly ask: which groups participated in the consultative processes, what agenda did they set ‘inside’ the meetings, what alliances did they establish and how did they influence the outcomes? Secondly, we investigate what kind of advocacy took place ‘outside’ of these formalized spaces and what impact it had? By this, we not only contribute to an evaluation of the processes themselves, but also advance current academic debates on strategies, spaces and political opportunity structures for civil society and particularly migrant involvement in global migration governance from below and the larger debate on democratizing global institutions.     

Taking Older People's Rights Seriously: The Role of International Law

ABSTRACT

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly “more” disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Formulating the SDGs: Reproducing or Reimagining State-Centered Development?

Abstract

Reformulation of the millennium development goals comes at a time when their realization is falling short. ‘Development as usual’ through global goal setting is in question in context of the recent conjunction of global food, energy, and financial crises. Given the evidence of problematic world-scale restructuring, it is puzzling that SDG visioning continues to assign principal responsibility to states for the post-2015 development agenda. We regard this as an epistemic blind spot that foregoes an opportunity to reorient planning to accommodate the global dimensions of these crises—and their possible solutions. In particular, we note that current forms of land enclosure, and migrant labor generation, are inadequately addressed by state-centric measures, especially with respect to the rights of land users and stateless workers. We offer recommendations for complementing and modifying nationally generated metrics with a more empowering agenda.     

New governance of labour rights: the perspective of Cambodian garment workers’ struggles

Globalization has implied the transfer of industrial work to countries of the Global South, where labour rights are seldom effectively protected by legal frameworks. New forms of governance that go beyond state-centred legal regulation are presented as an alternative to fill in ‘governance gaps’. This paper analyses ‘new governance’ from the perspective of Cambodian garment workers and labour movements’ struggles. Drawing on the literature on governance and private regulation and research data from Cambodia, it argues that a technocratic approach makes governance initiatives ignore the economic conflict between labour and capital but also the possible political conflict between labour and government. By ignoring trade union rights, power-blind initiatives might end up weakening both the labour movement and democratic accountability, instead of complementing state’s regulatory roles. This might serve the overlapping interests of the powerful actors both in Cambodia and internationally.     

Therapeutic politics: critique and contestation in the post-political conjuncture

ABSTRACT

This article addresses forms of political engagement in the therapeutic field. Drawing on ethnographic research on popular psychology self-help, alternative and complementary health practices and new spiritualities, the paper takes issue with the dominant interpretation of the therapeutic as a depoliticizing force. Although this interpretation captures important facets of the phenomenon, the paper suggests that something more complex is afoot. It argues that therapeutic practices may also animate political contestation and critique, and challenge the prevailing grammar of political conflict. It substantiates this argument by identifying two modalities of politics in the therapeutic field: collective mobilization through a political party, and therapeutic practices as a form of lifestyle politics. It goes on to suggest that, together, these modalities constitute a subaltern counterpublic politicizing the political economy of health and the erosion of democratic governance. The paper concludes by suggesting that analysis of the therapeutic field may shed light on the shifting logics of political contestation at the contemporary political conjuncture.     

Migrants in the closet: LGBT migrants,homonationalism, and the right to refuge in Serbia

This case study examines the accommodation of lesbian, gay, bisexual, and transsexual (LGBT) migrants both de jure, in law, and de facto, in practice, in Serbia. The Balkan passage was a critical gateway for migrants throughout the 2015 European migrant crisis. Wedged between Eastern and Western politics, Serbia in particular faces pressure to promote LGBT rights arising from its candidacy for EU accession. The plight of LGBT communities seeking asylum is animated by interviews conducted with service providers working with these migrants in Serbia. The findings reflect the challenges of accommodating LGBT migrants in view of Serbia’s geopolitical dynamics, while situating this community’s rights in the broader human rights and legal discourse of continental Europe. Recommendations to service providers working with queer migrant communities are provided.