CARAM Asia Press Statement: International Day of Solidarity with Foreign Domestic Workers Must Lead To Legality of Employment

Friday, August 28, 2009

As today marks a day where the international community seeks to recognise the contribution of foreign domestic workers (FDW), CARAM Asia and its members call on governments throughout the world to immediately amend national employment laws to recognise domestic work as work.

The International Solidarity Day with Foreign Migrant Domestic Workers was first launched in Sri Lanka following a successful Colombo Summit in 2002. Herein it was decided by CARAM Asia alongside nine regional and international organizations and 132 other participants that August 28th should be used to highlight the plight of foreign domestic workers and the need to recognise domestic work as valid mode of employment by the international community and other stakeholders.

Despite decades of mobility and employment, it is deeply disconcerting to note that foreign domestic workers still remain one of the most vulnerable demographics in the world’s employment market, who are continually subjected to abuse and exploitation. Without the recognition of employment, domestic workers are continually denied a weekly paid day off, forced to work up to sixteen hours a day due to a lack of a fixed number of working hours as well as being denied access to healthcare services.

Furthermore due to the nature of the work, domestic workers are confined to their employer’s sphere of influence, and as a result many are frequently abused but because of minimal redress mechanisms, employers and other perpetrators frequently escape criminal prosecution. Employers in host countries are also frequently known to ensure that domestic workers remain isolated and solely dependent on the family by cutting off communications with their own families. Since the personal documentation of the foreign domestic workers is often withheld, many of them are arrested, detained and then deported from their host countries if they attempt to flee abusive or exploitative treatment.

The extreme institutionalised exploitation of domestic workers has been ongoing for the past three decades, and as numbers of FDW continues to rise, so too does the risk of abuse. In fact, it is clear that the previously listed rights violations ferment an environment of bonded labour with intense servitude and debt bondage that constitutes trafficking in persons. Moreover, the cycle of abuses that are inflicted on migrant domestic worker will continue until the governments protect the rights of domestic workers by guaranteeing the rights through the legally enforceable mechanisms with due oversight and accountability.

In keeping with the recognition of domestic work as work, next year the International Labour Organization (ILO) will start working on the process of adopting a new standard for domestic workers that could possibly lead to a new specific Domestic Workers Convention. CARAM Asia calls on all governments around the world to amend and make additions to domestic employment legislation to include domestic workers. Such a move will act as a progression in line with the forthcoming international standard setting process that recognises domestic work as work to be discussed at the next International Labour Conference in 2010.

CARAM Asia and its members representing non-governmental organisations, community based organisations and trade unions recommend the following;

· Governments must enact laws and adopt other measures to ensure that the rights of domestic workers are protected under legal framework

· All countries must immediately sign and ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW, 1990)

· States must develop redress mechanisms for effective accountability of non-state actors such as labour recruitment agencies, employers and brokers for any violations against domestic workers

· Governments, trade unions and employer associations support and endorse the International Labour Organisations (ILO) new Convention for Domestic Workers and its supplementary recommendations

Malaysia Agrees on Wages, Passport Concession for Indonesian Workers

Wednesday, August 26, 2009

Anita Rachman / August 25, 2009
http://thejakartaglobe.com/home/malaysia-agrees-on-wages-passport-concession-for-indonesian-workers/326099

Malaysia Agrees on Wages, Passport Concession for Indonesian Workers
Malaysia has agreed on a minimum monthly wage for Indonesian maids and other migrant workers in the informal sector, a key demand of Indonesia during ongoing negotiations on a new labor agreement.

“Six hundred ringgit is the minimum range. It’s about equal to our migrant workers’ standard salary in Yemen, which is about $180,” said Sumardoko, a spokesman for the Ministry of Manpower and Transmigration, adding that the sides will wrap up negotiations on a new memorandum of understanding during a meeting on Sept. 5.

He said the Malaysian side also agreed during the latest round of talks in Kuala Lumpur last week to Indonesia’s request to let its migrant workers keep possession of their passports while working there. This change will enable Indonesians to leave an abusive employer more easily and return home if they run into problems.

In June, the Indonesian government suspended the sending of new domestic helpers, construction workers and plantation hands to Malaysia following public outrage over the case of an Indonesian maid who had been tortured for three years by her Malaysian employer. Indonesia also demanded revisions to a 2006 labor agreement.

Sumardoko said the passport rule will mean Indonesia’s migrants should no longer have problems with the Malaysian police or immigration authorities.

“Wherever they go, they will have their documents to prove they are legal,” he said. “If they face other problems, such as disagreements with their employers or if their contracts are terminated before completion, they still hold their own documents.”

There are currently about two million migrant workers in Malaysia, Indonesian’s top destination for migrant workers, but only 1.2 million of them hold legal documents.

Around 60 percent of Indonesian migrant workers who travel overseas face problems including physical abuse and not being paid. There are currently 4.3 million Indonesians working across Asia, the Middle East and Europe.

Sumardoko said the ministry had asked for a minimum wage equal to that of Malaysian workers, but he said the country did not have a minimum pay scale for informal workers.

Nonetheless, Wahyu Susilo, a public policy analyst at Migrant Care, an Indonesian nongovernmental organization, said 600 Malaysian ringgit ($170) is small compensation for the daily workload. He said the central government should have compared salaries of migrant workers from other countries with those working in Malaysia before agreeing on a figure.

Sumardoko responded by saying that many migrant workers in Malaysia currently earn less than the negotiated wage. “On average ¬they now earn around Rp 1.25 million [$125].”

Sumardoko said both countries would also establish a monitoring team of Indonesian and Malaysian representatives.

According to the Ministry of Manpower, the minimum wage was the last hurdle in the negotiations. The two sides had already agreed that workers would get one day off a week, annual leave, contract security and health and life insurance.

RI reaches deal on migrants with KL

Monday, August 24, 2009

Published on Mon 08/24/2009 and can be found at
http://www.thejakartapost.com/news/2009/08/24/ri-reaches-deal-migrants-with-kl.html

INDONESIA : Indonesia said it had yet to decide whether to lift the ban on sending migrant workers to Malaysia although Kuala Lumpur had agreed to Jakarta 's request of allowing migrants to hold their own passports.

Teguh Wardoyo, Foreign Ministry's director for migrant protection and legal aid, said on Sunday although both countries had reached a deal on the passport issue, one of the main reasons behind the ban, they would still have to coordinate with related institutions at home about other issues. The deal was reached last week in a joint working group in Kuala Lumpur .

"We are still waiting the government's *decision* about lifting the moratorium," said Teguh. "There has yet to be any decision about lifting the moratorium so far."

The ban was issued on June 26 after a series of migrant abuse cases in Malaysia . Indonesia had requested Malaysia to allow migrants to keep their own passports in a move aimed at enabling migrants to file complaints in cases of mistreatment. Migrants passports have been kept by their employers to allow better immigration control. – JP

CARAM Asia's Letter to The Jakarta Post

The following letter was published by The Jakarta Post on August 24th.

Coordination of Action Research on AIDS and Mobility (CARAM) Asia and its members Solidaritas Perempuan (SP) from Indonesia and Action for Health Initiatives (ACHIEVE) from the Philippines would like to respond to the article dated August 13th entitled ‘Proposed mandatory testing HIV test for migrants hailed’ by Ridwan Max Sijabat. As a regional network of non-governmental organisations and civil society groups working on the field of HIV and AIDS and migration who formed the migrant representation at the recent International Conference on AIDS in Asia and the Pacific (ICAAP), CARAM Asia and its members would like to express our deep concern for the content laid out in the aforementioned article and the manner in which it misrepresented migrant worker’s attitudes towards mandatory testing.

Mandatory testing remains a deeply discriminatory practise that continues to deny people the right to mobility and dignity due to their HIV status. Furthermore studies by the World Health Organisation (WHO) continue to demonstrate that such practises fail to contain the virus and merely identity HIV and AIDS as that of a foreign problem. As a leading regional organisation, CARAM Asia has campaigned against such stigmatizing practises and has launched a considerable number of research projects and publications documenting migrant’s experiences on this issue.

This was one of the key issues that CARAM Asia’s delegation raised at ICAAP in our Migrant Forum, other sessions, and in our subsequent recommendations to the congress. Yet despite this, without attending any of our sessions or asking our opinion on this matter, the author instead identified anonymous ‘ex-migrant workers from the Philippines’ as the premise for substantiating migrant attitudes towards the use of mandatory testing. Had he attended our sessions, he would have heard directly from migrant workers from Bangladesh, Sri Lanka, Indonesia and the Philippines who related their degrading experiences with mandatory testing and deportation, and spoke in opposition to this stigmatizing and discriminatory policy and practice.

The article also contained a misconstrued reference on the views of the Chairperson of the National AIDS Commission (KPA) Nafsiah Mboi. Ridwan Max Sijabat then wrote a follow up article entitled KPA strongly rejects mandatory HIV test for migrant workers dated August 15th correcting the position of the KPA due to errors made in the initial article. However, the latter article still failed to identify the ex-migrant workers from the Philippines who allegedly gave their support for the use of mandatory testing.

CARAM Asia has written to Ridwan Max Sijabat in order to seek clarification on this issue but he has so far failed to respond to our email inquiry. As a result we would politely ask The Jakarta Post to include this statement within their next publication in order to correct the misrepresentation of migrant voices on the issue of mandatory testing. While we appreciate that mistakes are sometimes made in journalism this instance reflects very badly on the journalistic credibility of the author and serves as a great injustice to the migrant workers who attended and courageously gave their testimony at this year’s ICAAP.

Signed

CARAM Asia

Solidaritas Perempuan (SP)

Action for Health Initiatives (ACHIEVE)

Rohingya 'Won't Be Deported'

The following article is written by Achara Ashayagachat (21/08/2009) in the Bangkok Post and can be found here http://www.bangkokpost.com/news/local/22407/rohingya-won-t-be-deported

The Immigration Bureau has allowed visitors rare access to Rohingya immigrants transferred from Ranong.The department also assured the immigrants they would not be thrown out of Thailand.

Immigration Bureau commissioner Chatchawal Suksomjit yesterday said the Rohingya would not be deported from Thailand, although the solution to the problem of illegal immigration rested with the governments of the Association of Southeast Asian Nations.

Pol Lt Gen Chatchawal said a committee had been set up to investigate the deaths of two Rohingya during their detention in Ranong.

Doctors previously said they had died of natural causes. More than 30 Rohingya people stood flabbergasted on the concrete grounds at the detention centre at Suan Phlu yesterday while photographers took their pictures and senior immigration police officers and media tried to talk to them.

Another group of Rohingya sat wearily in a nearby room waiting for a nurse to take care of them.

Chalida Thacharoensak, of the People's Empowerment group, and activists and Rohingya representatives from the Burmese Rohingya Association in Thailand were also given a chance to meet them after they were moved from the southern province on Tuesday.

Vachareeya Thanya-ananphol, a Jesuit Refugee Service nurse who tended to all the immigrants at the centre, said about 10 Rohingya needed food and medicine.

"They feel very tired. Their legs are powerless and they feel itchy," Ms Vachareeya said.

Deputy Immigration Bureau chief Phitak Jarusombuti said the bureau would not reveal how long the Rohingya would be detained. He said they would get good care. "The NGOs and the Rohingya from outside will also provide some humanitarian support," Pol Maj Gen Phitak said.

Seventy-eight Rohingya landed off Thailand's shores in January. The centre now has 93 Rohingya, including nine who were arrested in February in Bangkok.

OFWs Defy Ban For High Pay In Afghanistan

The following article was written by Jerome Aning in the Philippine Daily Inquirer and can be found at http://opinion.inquirer.net/inquireropinion/talkofthetown/view/20090822-221563/OFWs-defy-ban-for-high-pay-in-Afghanistan

COMPENSATION at least four times bigger than that offered in the Middle East is enticing Filipinos to work in forward operating bases of the North Atlantic Treaty Organization (NATO) in Afghanistan despite the dangers and the ban on deploying them to the war-torn country.

The dangers were highlighted by the death of 10 Filipino workers when the helicopter they were riding burst into flames and crashed moments after taking off at a runway in the city of Kandahar on July 19.

The 10 overseas Filipino workers (OFWs), recruited in the Philippines and the Middle East, were to be deployed for work in the town of Spin Buldak, near the Pakistani border, which hosts a forward operating base manned by Canadian troops.

The Department of Foreign Affairs (DFA) identified the fatalities as Marvin Najera, Celso Caralde, Ely CariƱo, Ernesto de Vega, Manolito Hornilla, Leopoldo Jimenez Jr., Noli Visda, Mark Joseph Mariano, Rene Taboclaon and Recardo Vallejos.

The badly burned bodies were taken to Kuwait and a laboratory in Maryland, United States subjected samples to further identification via DNA testing. Only two – Jimenez and Hornilla – have been identified; their remains arrived in the Philippines on August 11.

The Philippine government was quick to reiterate its two-year-old ban on the deployment of Filipino workers to Afghanistan, but migrant workers and recruitment groups said the ban had been a failure.

Labor Secretary Marianito Roque said the ban would remain in place and would continue to be enforced. He urged aspiring OFWs to seek employment in other countries through the Philippine Overseas Employment Administration (POEA) and licensed recruitment agencies.

There are about 1,500 Filipino workers in Afghanistan, 500 in the capital Kabul and 1,000 in the southern part of the country, said Vice President Noli de Castro, also the presidential adviser for OFWs and chair of the interagency Task Force Against Illegal Recruitment (TFAIR).

De Castro said OFWs must be prevented from going to Afghanistan because it was still unsafe for Filipino workers.

Aside from the Filipino fatalities, six people were killed and five others were injured in the crash of an MI-8 chopper, owned by the Russian firm Vertikal-1.

There were no indications that the crash was caused by hostile fire, according to US military officials.

An investigation by the POEA and the Overseas Workers Welfare Administration (Owwa), both agencies of the Department of Labor and Employment (Dole), found that the Filipino workers were employed by the Texas-based Fluor Corp., an engineering and construction firm that obtained several huge contracts with the US military in Afghanistan.

But the company that recruited the Filipino workers was AIM Group Inc., also a Texas-based firm, which, according to Roque and De Castro, had apparently got hold of the recruits through “subagents,” some of them Filipinos, who were sent to scout for workers in the Philippines.

Roque said the recruiters of the 10 Filipinos acted individually so as not to attract the attention of authorities in the Philippines. One of the two subagents looked for prospective workers in Central Luzon.

“When a potential recruit is found, he would be asked if he knows another one who is qualified. The recruiter would then refer and fly them to Dubai, where an accomplice would process hiring papers,” he said.

Two of the fatalities had worked in Iraq and were directly recruited in Dubai, according to a TFAIR initial investigation.

De Castro said TFAIR was looking for Jake de la Cruz, one of the two male recruiters in the country. The task force also has identified Lourdes Kabigting as the recruiter in Dubai who processed the OFWs’ papers.

He said he had asked the labor department to make proper representations with UAE authorities to make the recruiters accountable.

On July 14, TFAIR agents at the Ninoy Aquino International Airport intercepted 11 Filipinos bound for Dubai who admitted they were to be deployed to Afghanistan. Immigration authorities were alerted because the passports of some of the workers showed that they had worked in Afghanistan.

The TFAIR found that the workers’ travel documents were facilitated by Faisal Ahmad Muhammad Alamri, who reportedly owns Sara Tourism and Cargo, a firm in Dubai.

‘Bahala na’

Emmanuel Geslani, a consultant for several Manila-based recruitment agencies, said the government would remain “powerless” to enforce the ban, especially because the 10 OFWs did not die from a terror or insurgent attack but from an accident.

“The construction activities in Afghanistan continue to attract OFWs because of the high pay and insurance benefits. With the generous compensation, OFWs are willing to risk their life and limb to work there so that they could give their families back home a better life,” he said.

He said he agreed with the observation that Filipinos seem to think they were “invincible.” Geslani attributed this view to the “bahala na” (come what may) attitude of Filipinos.

“Who would not want to defy the risk and go to Afghanistan, where a janitor can earn up to $800 a month, compared with only $200 in the UAE? A semiskilled worker can earn at least $1,200 there compared with only $300 in the rest of the region. A manager or supervisor earns much, much more,” he said.

It was found that some OFWs themselves lacked adequate information on the real situation in Afghanistan.

“We haven’t heard about any conflict there,” said Margarita Hornilla, whose husband Manolito was among the fatalities. She and other grieving families of the 10 OFWs were brought to the Owwa Center in Pasay by De Castro on July 22.

She said Manolito, who had worked for three years in Iraq, was recruited in Dubai and brought to Afghanistan on July 1 to work as a carpenter with a monthly salary of $1,200. Manolito left six children, three of whom were in college.

On July 23, Owwa repatriated four OFWs in Afghanistan, including Najera’s father Eduardo and Mariano’s uncle Ronald de la Cruz. “We took the risk of going to Afghanistan because of the high pay,” De la Cruz said. He decided to go home because he could not yet land a job despite his recruiter’s promise.

Eduardo was remorse-stricken at having brought his son to Iraq. He said he and his son were also lured by the high pay and so took the risk of going to Afghanistan even if they knew of the ban.

Geslani said that even if the 10 Filipino fatalities were undocumented in the eyes of the Philippine government, their families would receive at least $30,000 each in insurance benefits in compliance with the US Base Insurance Act covering civilians working in high-risk defense contracts.

The ban on the deployment of OFWs to Afghanistan was imposed by the POEA in December 2007, citing the continuing strife that has engulfed the Central Asian country following the invasion by a US-led multinational force.

The government maintains a similar ban in four other countries – Iraq, Nigeria, Lebanon and Jordan.

Jumping points

Despite the ban, recruiters can easily send Filipino workers to Afghanistan, Iraq or Lebanon by using “jumping points,” Geslani said.

“Recruits from the Philippines would not go to Afghanistan directly but fly as tourists first to Bangkok or Hong Kong, from where they could take flights to Afghanistan. Middle Eastern cities such as Kuwait and Dubai in UAE have also become ‘recruitment hubs’ for OFWs in the region whose contracts have expired and are looking for a new job,” he said.

He said there were also allegations in the recruitment industry about rampant “escort services” at the Manila and Cebu international airports, where immigration and airport officers in cahoots with illegal recruiters help “tourist workers” slip out of the Philippines.

“(I)n the long run, the government cannot really set stringent measures that would violate or hamper citizens’ right to travel. And the government here and the government in Afghanistan cannot just close all their borders,” he said.

He said the government was in a better position to protect workers who were already in the four countries before the ban was imposed – as well as those who went there illegally later – if they were documented and their stay legitimized.

“The government, however, remains adamant in implementing the ban. Thus, we have no embassy or labor office there to even look after the OFWs, who are entitled to protection even if they are undocumented,” he said.

Area-specific ban

Foreign firms, however, have not stopped their lobbying. In February, a Colorado-based firm Global Procurement Consulting LLC, wrote the Dole, the DFA and MalacaƱang and suggested the modification of the ban to make it “area-specific.”

The ban, according to Global’s proposal, could be lifted by the Philippine government only for the military installations in Afghanistan where the Filipino recruits would be confined.

Global was looking for 2,000 cooks, waiters, cashiers, utility workers, maintenance crew and other administrative staff for Supreme Foodservice, a Swiss firm catering to the needs of US and European troops stationed in Kandahar. Supreme offered monthly tax-free salaries ranging from $385 for a general assistant to $700 for a head cook.

Bonus, free plane tickets

Benefits include a $1,200-annual bonus, free roundtrip airfare for every six months and 21 days paid leave. Food, lodging, uniforms, laundry, medical consultations and medicines are provided free of charge. Death benefits amount to three times the annual salary of the worker.

Nothing, however, came out of Global’s proposal. Roque said that as long as the peace and order situation in Afghanistan, Iraq, Lebanon and Nigeria remained unstable, the ban would be maintained.

He said the decision was consistent with Section 5 of Republic Act No. 8042, the Migrant Workers and Overseas Filipinos Act of 1995, which authorizes the government to terminate or impose a ban “in pursuit of the national interest or when public welfare so requires.”

Critics of President Gloria Macapagal-Arroyo lamented that Filipinos were forced to work in dangerous areas like Afghanistan to make a living because the government back home had failed to generate jobs.

Combating Abuse of Migrant Workers

The following article can be found at http://english.aljazeera.net/focus/2009/08/200982294710659742.html

Al Jazeera's Zeina Awad speaks to "Jessica", a Sri Lankan domestic worker, who says she has been physically abused by her employer in Lebanon.

Human Rights Watch (HRW) estimates that some 200,000 domestic workers from Asian and African countries like the Philippines, Sri Lanka, Ethiopia, and Nepal, arrive in Beirut with little idea where they will be employed.

Najla Shahda, of Caritas Lebanon, part of a global humanitarian network, believes that migrant workers go through similar problems throughout the Middle East.

"Agencies are recruiting them in their countries of origin and they are not explaining to them what their rights are and if they run into a problem, they are not telling them how they can communicate with their embassies," Shahda said.

Employment agencies usually draw up contracts which fall short of existing labour standards and fail to secure migrant workers' rights.

As a result, advocacy groups say, many end up in abusive situations.In a 1998 review of human rights abuses around the world, the UN raised alarm that foreign workers in Lebanon had their passports confiscated.

The situation does not appear to have improved since then.

There have been recent reports that many domestic workers in Lebanon endure long hours on the job, no days off, and being locked up inside the house.

Caritas has set up a shelter for domestic workers like "Jessica" who have escaped from their employees.

There they are given legal advice and seen by social workers.

The Lebanese government recently introduced a new standardised contract, which agencies must use when bringing workers from overseas.

Ali Berro, an adviser to the Minister of Labour on issues pertaining to foreign domestic workers, says that employers are now obliged to sign the new contract. He explained that the new contract gives employee the basic rights that are demanded by international labour laws.

Maurizio Bussi of the International Labour Organisation says there is a lack of legislation protecting the rights of workers in Lebanon.

However, he considers the government's new contract a "first, but very important first step".

CARAM Asia Successfully Raises The Concerns of Migrants At 9th ICAAP

Friday, August 21, 2009

CARAM Asia is pleased to announce its successful participation in the recent 9th International Congress on AIDS in Asia and the Pacific (ICAAP) which was held in Bali from the 9th -13th of August. It is a testimony to the campaigning of CARAM Asia and its members that migrant voices were included in the process as the congress for ICAAP had initially overlooked the link between HIV and migration.

CARAM Asia’s activities were vast and significant throughout the conference and these included hosting a Migrant Forum to hear from migrant workers discussing their own experiences and drawing up recommendations related to HIV/AIDS and mobility for the congress.

Furthermore, TFEM launched a new book Living With Hope documenting individual stories of migrants in some seven different countries. This launch was attended by a number of prominent guests including Anand Grover the United Nations Special Rapporteur on Health, Prasada Rao Director of UNAIDS Regional Support Team in Asia and the Pacific and Caitlin Wiesen the UNDP Regional Centre HIV/AIDS Practise Leader Program Coordinator for Asia and the Pacific.

Another of our key events was a skills building session entitled Empowering Migrant Communities Through Participatory Action Research (PAR) which saw the release of a new publication by the SOH program team.

As well as the aforementioned activities CARAM Asia and its members also participated in a number of other sessions related to mobility, gender and risk assessment in combating HIV transmission. This coupled with our own core activities helped further raise awareness on issues such as mandatory testing and HIV travel restrictions.

A full report documenting CARAM Asia’s activities at the 9th ICAAP will soon be released for public consumption on our website.

Remittances to developing countries

Monday, August 3, 2009

THINGS that grew rapidly in 2008 included home foreclosures, government deficits and the ranks of the jobless. More encouragingly, remittances to developing countries also expanded. The World Bank reckons that migrant workers sent $328 billion home to their families last year, 15% more than in 2007.

This continued growth is particularly striking because it came in a year when other private financial flows into the developing world declined dramatically. The net inflows of private capital to these economies dropped by nearly two-fifths, from $1.16 trillion in 2007 to $707 billion, as panicky rich-world investors turned inward and foreign banks became increasingly reluctant to lend across borders. Dilip Ratha of the World Bank wryly remarks that migrants are being “thrust into the role of a sort of lender of last resort.”

However, the chances that remittances will continue to hold up this year are slim. Some argue that these payments are less affected by downturns than other kinds of financial flows because they are sent primarily to support people’s families. But whatever their motives, migrant workers must earn before they can remit. And this crisis has hit countries where migrants work harder than the countries they come from.

The continued growth in remittances in 2008 may not reflect their resilience to recession so much as the fact that it takes a few months for changes in host economies to have an effect. Remittances to Mexico, which are dominated by money from Mexicans working on American building sites, follow the upticks and downturns in American housing starts with a lag of a few months (see chart). As with Mexico, remittances to Guatemala and El Salvador, most of whose migrants are also in America, were at least 10% lower in the first half of this year than in the same period in 2008. America was the first big economy to enter recession so it may only be a matter of time before flows from other countries also fall.

And the shallower the recovery in the rich world, the more unemployment will rise. Spain and the Czech Republic are already offering to pay migrant workers to go home. Other governments, from Italy to South Korea, have reduced the number of temporary workers they let in. The World Bank is forecasting a decline in remittances of 7-10% in 2009.

Rules to protect workers in China widely skirted

Article written by William Bi and published in Bloomberg News

Jiang Bo says he drove a cement truck for China's Shenzhen Antuoshan Investment & Development 12 hours every day for seven years without overtime pay.

A national labor-contract law implemented Jan. 1, 2008, was supposed to limit work hours and ensure severance pay. A week later, the concrete company asked Jiang to sign a contract setting his base salary at 810 yuan ($119) a month, 45 percent less than he usually earned, to avoid additional overtime costs, he says.
Jiang refused and was let go without compensation.

"China's law is supposed to protect migrant workers and the weak, but this is not the case," said Jiang, an Anhui province native who was awarded 19,620 yuan ($2,872) by an arbitration panel and settled after a second court appeal got him 2,000 yuan ($293) more. "The broth is changed; the medicine isn't."

Employers ignoring a law designed to mute labor discontent prompted Chinese workers to file double the number of claims last year with courts and arbiters, the government says.
The trend leaves international manufacturers open to potential consumer backlash that may stem from any abuses. U.S. companies such as Wal-Mart Stores and Nike, which makes about one in every three of its shoes in China, said they're training suppliers on the rules and inspecting them for compliance.

Nike held workshops with contract factories after the law took effect to ensure they understood its ramifications and Nike's expectations, said Kate Meyers, a spokeswoman for the sportswear company.

Apple, which relies on Chinese manufacturers for its iPhones and iPod music players, found 45 of the 83 factories it audited last year didn't pay proper overtime and 23 provided less than minimum wage, according to its 2009 progress report on supplier responsibility.

The Cupertino, Calif., company required them to adjust practices to ensure correct payments, it said in the report.

Apple has been auditing how its suppliers treat their work force since 2007, spokesman Steve Dowling said. It has taken steps to improve the situation for migrant and contract workers, he said.

Companies such as Dell and Hewlett-Packard buy computer keyboards and other components from the Meitai Plastics & Electronics factory in Dongguan city. The plant made employees work 81-hour weeks and also failed to pay overtime, a February report by the Pittsburgh-based National Labor Committee (NLC) said.

"Conditions are sliding backward because of the worldwide recession," said Charles Kernaghan, NLC director

The Electronic Industry Citizenship Coalition, whose members include several Meitai contractors, said in an April 3 statement that corrective actions were to be taken. The plant is making improvements, Meitai spokeswoman Catherine Lien said.

Meitai is not a direct supplier for Dell or Hewlett-Packard, spokeswomen for each company said. Both companies asked their direct suppliers to do an investigation and changes are being implemented, they said.

Rules ignored
Suppliers have little incentive to abide by the rules, said Bama Athreya, executive director of the International Labor Rights Fund in Washington, D.C.
"The brand-name companies are not putting more money on the table to make sure that suppliers have incentive to obey labor laws," she said. "In fact, every year they come back and say, 'Do it for less.' "

Worker-rights abuses have long been an issue for U.S. and European companies that turn to developing nations for cheap labor, slashing prices for consumers. They have attempted to protect themselves by setting codes of conduct for suppliers and instituting audits to measure compliance.

In the 1990s, protests were mounted against Nike after reports claimed its sneakers were being produced by mistreated workers in emerging markets such as Vietnam. Gap, Abercrombie & Fitch and more than 20 other garment makers and retailers were accused in a 2000 lawsuit of running sweatshops that used slave labor in foreign-owned factories in the U.S. territory of Saipan.

Independent monitors
The case was settled for $20 million, and an independent monitoring system was established on the island, said Dan Newman, a spokesman for Coughlin Stoia Geller Rudman & Robbins, which represented a class of the 30,000 workers who sued.
In April, a factory worker was crushed to death by a machine he was operating at a Guangdong province supplier of cards and other paper goods for Walt Disney and its licensees, the company said. The New York Times reported on the incident in a June 22 article, which said investigators found labor and safety violations at the plant.
Disney works with 23,000 factories globally and accounted for 5 to 15 percent of production at the Guangdong facility, spokesman Jonathan Friedland said.

China's new legislation was meant to improve the lot of its 140 million migrant workers, who together would form the eighth most populous country. People leaving the countryside for urban factory jobs form the backbone of the nation's export industry.

As China's export economy boomed, fueled by some of the world's lowest labor costs, working conditions came under the scrutiny of the United Nations, the U.S. government and human-rights groups.

The abuses included paying employees once a year and hiring "criminal elements" to harass and intimidate them, the U.S. State Department said in its 2008 Human Rights Report.

The new law required businesses to recognize, in writing, workers' rights to fair compensation and benefits, including minimum wages and overtime pay, said Yang Qianwu of the Shenzhen-based Deheng Law Firm, who represented Jiang. The law gave workers the right to sue for damages in civil court.

The U.S. State Department "is aware of the enforcement concerns specifically related to China's new labor laws," spokesman Andrew Laine said.

"We will also continue to engage with a range of stakeholders to ensure that the global financial crisis is not used as a pretext to weaken labor rights or other human rights," Laine wrote in an e-mailed response to questions.

China is protecting the rights of laborers, although "we are still lagging behind developed countries" in providing them with benefits, Foreign Ministry spokesman Qin Gang said when asked about the State Department comments at a regular news briefing in Beijing on June 16.

The U.S. position "sounds plausible and reasonable, but here I would like to remind you to think, which country initiated this financial crisis?" Qin said. "If you make mistakes, at least stop pointing fingers at others."

Economic slowdown
The new rules took effect as the global-financial crisis curbed demand for exports.
On Nov. 20, China Minister of Human Resources and Social Security Yin Weimin said local authorities could delay certain provisions "in the immediate term" to forestall job cuts.

They could put off increases in minimum pay and reduce business premiums for medical and unemployment insurance, according to a transcript on the government's Web site.
Yin didn't specify how long the moratorium would last. The ministry press office didn't respond to a fax seeking comment.

Dong Zhanli endured 16-hour days in a Dongguan factory, assembling DVD players for export, she said. The 21-year-old toiled weekends and holidays, lost wages after drilling a screw into her finger and was screamed at by her foreman — all for about 1,200 yuan a month, she said.

The factory, owned by Hong Kong-based Ngai Lik Industrial Holdings, was known for underpaying employees, said Dong and former colleague Lu Weijun. She and more than 100 co-workers marched several miles to the county labor board last fall after the company asked them to accept lower pay when the factory relocated nearby.
They weren't allowed into the office and no one came out to speak to them. Several hours later, they went back to the factory, Dong said during interviews

The factory wouldn't compromise, so some employees quit, forfeiting their last month's wages, Dong and Lu said.

"The government may have regulations that require employers to pay, but it may not be able to police every employer," Dong said in Lu's one-room apartment, squinting to watch a kung fu movie on TV.

"Here the mountains are high and the emperor is far away," she added, referring to a folk saying.

The secretary for Ngai Lik's operations director, Lam Man Chung, said he wasn't available to answer three telephone calls seeking comment. He also didn't respond to a faxed request.

Threats to party
There has been a "huge surge in labor-related sudden incidents" since the financial crisis began, according to the 2009 Blue Book of China's Society.
The prospect of more public displays of dissatisfaction threatens the Communist Party's goal of maintaining social stability and ensuring its one-party rule over the world's most populous country, said Fu Hualing, head of the law department at Hong Kong University.

"The government knows it's contagious," Fu said. "That is what scares the Chinese government."
Last month marked the 20th anniversary of a military crackdown in Tiananmen Square, where thousands gathered to rally for democracy and against corruption.
This month President Hu Jintao cut short a trip to the Group of Eight summit in Italy as ethnic violence that killed at least 156 people continued in Xinjiang province's capital, Urumqi

"The government kept saying they are going to be strong on the contract law," said Dominique Muller, executive director of IHLO, the Hong Kong Liaison Office for international trade unions. "In reality, they are turning a blind eye."