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Domestic Workers Sow a New Global Movement

By: Michelle Chen Tuesday April 16, 2013 2:28 pm

Members of the International Domestic Workers' Network show support for the groundbreaking International Labor Organization's Convention 189, signed in 2011. (Courtesy of WIEGO)

Originally posted at In These Times

In Argentina and Brazil, a sector of workers that has long labored invisibly is moving out of the shadows and gaining legal protections. Their counterparts in Jamaica and Uruguay are sparking a new political consciousness from the friction between tradition and globalization. Around the world, private homes are becoming labor’s latest battleground as domestic workers stake out their rights.

Despite stretching into every region of the world, domestic work has historically been excluded from conventional labor laws, regardedly merely as “women’s work.” A breakthrough came in 2011 with the passage of the groundbreaking Convention 189 on domestic workers’ rights by the International Labour Organization (ILO), the UN special agency for labor rights. The convention lays out principles for fair treatment at work, including the right to a fair labor contract and a safe work environment, freedom from exploitation and coercion, and legal recourse against abusive employers.

The Convention was adopted in 2011. Since its establishment on an international level, domestic workers have been organizing more comprehensively on the ground. Advocates in various countries have been building up national frameworks for codifying the rights of domestic workers. The ILO reported this month that “Since the Convention’s adoption, a total of nine countries have passed new laws or regulations improving domestic workers’ labour and social rights, including Venezuela, Bahrain, the Philippines, Thailand, Spain and Singapore.”

In Brazil, new legislation enshrines the ILO Convention’s principles, including an 8-hour workday and overtime. Significantly, the legislation targets a sector that has historically been dominated by black women, building on the government’s other recent efforts to dismantle racial barriers in the economy. The measure has been hailed by activists as an extension of the nation’s abolition of slavery in the 19th century.

In Argentina, where 17 percent of working women are domestic workers, the legislature passed an act in March granting domestic workers standard labor protections, including limits on working hours. In the official announcement of the bill’s passage, Labor Minister Carlos Tomada described it as a corrective for an entrenched social imbalance:

A New Door for Guestworkers?

By: Michelle Chen Friday April 5, 2013 5:08 pm

(National Guestworker Alliance)

Originally posted at In These Times

The perennial impasse in the immigration debate between labor and business seems to be fading as a group of senators, working with industry and union lobbies, irons out a framework that would bring more migrants into the labor force, purportedly under a system that extends rights and protections for so-called “guestworkers.” But what the new system really means for workers depends on how it is implemented and regulated, and who is controlling the gates.

The proposed W-visa plan reportedly strikes a compromise between business’s desire for low-cost labor and union concerns (represented by the AFL-CIO in Washington) about maintaining jobs for U.S. workers and enforcing wage-and-hour laws. Aimed at less-skilled sectors like restaurant work, the W-visa would differ from previous employment-based visas in two key ways. For one, it would offer immigrants a way to petition for residency and eventually attain citizenship. And unlike much maligned temporary-worker programs, the visa would be “portable,” meaning it would not be tied to a specific workplace or employer. In theory, that would allow a worker to switch jobs without jeopardizing her legal status.

Addressing fears of creating a “second tier,” or minimally regulated low-wage workforce, the compromise reportedly ensures that employers pay no less than the industry’s standard “prevailing wage,” determined according to labor market conditions. The New York Times reports:

Labor groups wanted to ensure that guest workers would not be paid less than the median wage in their respective industries, and the two sides compromised by agreeing that guest workers would be paid the higher of the prevailing industry wage as determined by the Labor Department or the actual employer wage.

Women Unionists of the Arab Spring Battle Two Foes: Sexism and Neoliberalism

By: Michelle Chen Sunday March 31, 2013 8:39 pm

Originally posted at In These Times

(Public Services International via Facebook)

This year’s World Social Forum, a transnational gathering of social activists, took place in Tunis, a city bubbling with unrest as it struggles to shake off a legacy of authoritarian rule while navigating tensions over women’s rights, labor and nationalism. At the gates of the gathering last week, these faultlines became starkly apparent when a caravan of trade unionists and rights advocates found themselves unexpectedly blockaded. Border police, under official orders, refused entry to a delegation of 96 Algerian activists that included members of the embattled union SNAPAP, known for its militancy and inclusion of women as leaders and front-line protesters.

That feminist-oriented trade unionists figured prominently in the incident is not surprising: In the wake of the Arab Spring, women in labor movements are situated at the crux of two very different, but interrelated battles. At the same time that they are resisting the traditional patriarchal governance of their communities and workplaces, they also push back against the “modernizing” forces of Western-style, pro-corporate neoliberal economic policy, and gradually opening new spaces for social emancipation. By operating within a traditionally male-dominated space, trade unions enable women to assert their agency as activists, simultaneously challenging their general marginalization from the political sphere and the typical Western media portrayal of women as silent victims of culturally ingrained oppression.

In advance of the World Social Forum, women labor activists came together in Tunis on March 23-24 for a leadership conference coordinated by the Public Services International union federation. The event brought women from Jordan, Egypt, Lebanon, Algeria, Morocco, Tunisia, Kuwait and Palestine, along with fellow unionists from Belgium, Canada and Sweden, to discuss the possibilities and perils wrought by the Arab Spring.

The situation of women trade unionists in the Middle East and North Africa (MENA) isn’t altogether different from the historical gender-equality struggles within labor movements in Western industrialized nations, in which women were initially marginalized but have incrementally moved up in the union ranks. But women’s labor struggles in MENA are complicated by growing rifts between Islamist and liberal secular political forces that have engulfed the region since the outbreak of the Arab Spring.

In the political movements convulsing the region, gender-justice struggles have often been sidelined or even undermined. In Egypt and Tunisia, the initial wave of pro-democracy protest has yielded to a wave of Islamist-inspired reaction that troubles many leftists and feminists. Though the Arab Spring has scrambled many of MENA’s traditional political alliances, secular leftists and socialists have been increasingly marginalized amid the rise of hardline Islamist factions.

How ‘This American Life’ Got Disability Wrong

By: Michelle Chen Thursday March 28, 2013 3:44 pm

Originally posted at In These Times

Also see Tom Thumb’s post

NPR, This American Life

dramatic investigation aired this week by This American Life raised concerns about federal disability insurance with its portrayal of the system as dysfunctional, financially unsustainable and ballooning out of control.

But experts say the program omitted key evidence that the doubling of workers on disability insurance since 1995 has been driven by genuine need.

In the show, featured on National Public Radio, This American Life reporter Chana Joffe-Walt explores a poor Alabama town where 1 in 4 people live on disability insurance. The interviews with working-class beneficiaries depict them as victims of a culture of dependency, convinced that there’s no real job they could do, and prey to vulture-like lawyers. One attorney, who helps people appeal disability insurance rejections, boasts, “I’ve created some of the problems for the government because so many people appeal.” Joffe-Walt raises hand-wringing questions, “Who is making the case for the other side? Who is defending the government’s decision to deny disability?”
In fact, the government has staunch defenders of its right to deny disability benefits: pro-market conservative commentators. They argue that while other federal assistance programs have severely tightened since the neoliberal “welfare reform” of the 1990s, disability (which was expanded after its 1956 enactment to include more age groups) has become a de facto welfare system plagued with “misaligned incentives” that could lead to insolvency. Some conservatives use this narrative to make the case for privatizing disability insurance, in tandem with the push to privatize Social Security.
But according to the Washington, D.C.-based think tank Center on Budget and Policy Priorities (CBPP), the driver of growth in disability beneficiaries isn’t “misaligned incentives” or, as the show suggests, people taking advantage of an over-generous system. It’s simply more people.

Is Gender Justice Getting Shafted in Immigration Reform?

By: Michelle Chen Tuesday March 26, 2013 3:46 pm

Originally posted at In These Times

Last Monday, in what became a heated exchange with Sen. Jeff Sessions (R-Ala.), Mee Moua, executive director of the Asian American Justice Center, defended programs allowing families to immigrate together to the U.S. (Courtesy of the DOL)

The politics of immigration touch upon major faultlines in American society: not just the legal boundary between citizen and foreigner, but also lines of race, class, nationality, culture and, increasingly, gender. Women, who make up about half of the U.S. immigrant population and an estimated 40 percent of undocumented adults, face unique challenges as migrants. However, gender issues have gone almost entirely unremarked in official immigration-reform talks–that is, until a Senate hearing last Monday, when Mee Moua, head of the Asian American Justice Center, seized an opportunity to call out the invisibility of women in the debate.

The opening came when Alabama Sen. Jeff Sessions (R) asked bluntly which immigrant would be a better candidate for legal status: an applicant for a family reunification visa or a skilled professional from overseas? Although family visas are the channel by which generations of migrants have brought family members to the U.S., Sessions’ rhetorical question suggested that skilled professionals make more desirable Americans.

Moua countered that Sessions’ hypothetical reflected deep gender imbalances in the immigration system. The “less desirable” migrant, she argued, would likely be “female, would not have been permitted to get an education and if we would create a system where there would be some kind of preference given to say education, or some other kind of metrics, I think that it would truly disadvantage specifically women and their opportunity to come into this country.”

The tense exchange marked one of the first moments in the current round of reform talks that Congress members have been asked to confront the gender biases inherent in our immigration policies. Such biases have a long history: Male-centered guestworker schemes date all the way back to the Chinese Exclusion Act era of the late 19th century, when blatantly xenophobic laws brought in masses of Chinese male laborers while shutting out their family members in an attempt to deter the workers from settling in the United States.

Today, despite the strides women have made in high-skill fields (most professional workers are now women), they are still heavily underrepresented in “guestworker” programs for professional immigrant workers, which skew heavily toward the vaunted, notoriously male-dominated science and tech (STEM) fields. For example, the controversial H1B visa program for professional temp workers, long touted as a spigot for STEM talent, brought in about 350,000 immigrant men but fewer than 140,000 women in 2011. Meanwhile, lawmakers are weighing proposals to sharply limit family-based visa programs–which make up about 65 percent of authorized permanent immigration–alongside plans for expanding the prized professional visas. As Pramila Jayapal points out at Colorlines.com, men tend to hold professional visas, intended to anchor household “breadwinners,” while women are overrepresented among family visas, which can chain their legal status to an authorized (male) worker.

These biases are no political accident, but a symptom of the privileging of corporate demands over community needs. Immigrant women’s labor, whether it’s in the household, off the books, or on payroll, is fueling the economy. But because it doesn’t seem to directly contribute as much to corporate bottom lines, it’s overlooked.

How the Poultry Industry Is Grinding Up Workers’ Health and Rights

By: Michelle Chen Thursday March 21, 2013 3:04 pm

Originally posted at In These Times

Juan (not his real name) was instructed to get back to work after falling while lifting an 80-pound box of chicken. X-rays later showed two fractured vertebrae. He was fired, and the employer has not paid any of his medical bills.

Walk through any supermarket poultry section and you can marvel at the wonders of the modern food processing industry: antiseptic aisles packed with gleaming, plump shrink-wrapped chickens, sold at bargain prices under the labels of trusted agribusiness brands like Tyson and Pilgrim’s. But all that quality meat doesn’t come cheap: it’s paid for dearly by factory workers who brave injury, abuse and coercion every day on assembly lines running at increasingly deadly speeds.

According to newly published research on Alabama poultry workers by the civil rights group Southern Poverty Law Center (SPLC), the business model of the sector has sacrificed health and safety on the factory floor for the Tayloristic efficiency demanded by American appetites.

The supersized industry, which churns out about 50 pounds of chicken per American stomach annually, dominates many struggling towns in Alabama, a mostly non-union state, supporting about 10 percent of the local economy and some 75,000 jobsBut according to the SPLC’s researchers, the production line is butchering workers’ health:

Nearly three-quarters of the poultry workers interviewed for this report described suffering some type of significant work-related injury or illness. In spite of many factors that lead to undercounting of injuries in poultry plants, the U.S. Occupational Safety and Health Administration (OSHA) reported an injury rate of 5.9 percent for poultry processing workers in 2010, a rate that is more than 50 percent higher than the 3.8 percent injury rate for all U.S. workers.

Alabama workers interviewed by the SPLC reported being routinely subjected to unsafe working conditions that led to severe health threats, from repetitive stress injuries to respiratory issues to chemical burns. Adding insult to injury, employers often ignored workers’ debilitating problems or punished them for asserting their rights. Evoking images reminiscent of Upton Sinclair’s century-old expose on the meat-packing industry The Jungle, workers reported that problems like crippling hand pain would be diverted to the company nurse, rather than more intensive care by an outside doctor. Others were fired before they could become more of a liability.

One worker, a black woman in her 30s, recounted in an interview being pressured to shield her company from responsibility for her injury:

Cambodian Workers Wrest Justice from Wal-Mart and H&M Supplier

By: Michelle Chen Friday March 15, 2013 5:05 pm

Cambodian garment workers celebrate winning a settlement of as much as $200,000. (Photo from Community Legal Education Center)

Cross-posted at In These Times

After workers across the U.S. staged mini-strikes at Wal-Marts this winter, a small crowd of Cambodian garment workers caused a stir by camping in front of a shuttered Wal-Mart supplier in Phnom Penh. The workers were protesting a sudden closure of the Kingsland apparel factory, which robbed them of both their jobs and tens of thousands in wages. They staged creative direct actions, including attempts to physically block the removal of sewing equipment.

Now, the Cambodians’ efforts to hold their former bosses accountable have paid off–in both money and political impact. Some two hundred Kingsland workers who produced clothing for H&M and Wal-Mart-affiliated brands for about $60 a month have won a settlement of an estimated $200,000.

The workers won the surprise victory against the global manufacturing Goliaths thanks in large part to savvy support from Cambodian and international labor groups. These allies helped spread the word globally by broadcasting the protestors’ video testimonials and marching to present a letter to Rajan Kamalanathan, Walmart’s Vice President of Ethical Sourcing.

Bus Strike Exposes Social Divides in Singapore

By: Michelle Chen Friday March 15, 2013 4:09 pm

(xcode via flickr / Creative Commons)

Originally posted at In These Times

A spontaneous strike in November, the first in 26 years, shook up the tight social order of Singapore. As with many aspects of this gleaming global trade hub, the labor action was an import, of sorts. The agitators were Chinese bus drivers protesting the transit company SMRT’s policy of paying Chinese migrants less than other workers. Though the action was relatively limited, with about 171 drivers refusing to work, it did break the law and disrupted the city-state’s usual ultra-efficiency for two days.

In late February, a Singaporean court sentenced four strike leaders to jail for up to seven weeks, despite widespread criticism of the charges from human rights activists. Authorities had already sent a strong warning message by levying heavy fines on some participants and deporting 29 back to China.

For decades, Singapore has been an emblem of the post-colonial Pacific dream, boasting a robust economy, relatively wealthy citizens and a well-oiled bureaucracy. But the unrest among the migrant Chinese drivers, who make up nearly a quarter of SMRT’s total workforce of 2,000 drivers and earn significantly less than their coworkers, underscores the divide between the migrants, who comprise about 35 percent of the workforce, and the “native” Singaporeans, many of whom are uncomfortable with the growing reliance on foreign labor.