Packaging Exploitation? The Case of Transnational Migrant Worker Dr Shashikala Gurpur Principal, Symbiosis Law School, Pune International Seminar on ‘Globalization and Human Rights’, December 10, 2007

Dr Shashikala Gurpur

Principal, Symbiosis Law School, Pune

International Seminar on ‘Globalization and Human Rights’,

December 10, 2007

Transnational Migrant Worker 2000: 175 million live outside home country 3% of world’s population Double the number in 1970 60% in more developed regions: one in ten 56 million in Europe (42m are workers) 41 million in North America (40 m) 1965: 44 countries had 90% international migrants 2000: Increased to 59 countries Source: Rhus & Chang:2004, The Ethics of Labour Immigration Policy, IO Foundation

2000: 175 million live outside home country

3% of world’s population

Double the number in 1970

60% in more developed regions: one in ten

56 million in Europe (42m are workers)

41 million in North America (40 m)

1965: 44 countries had 90% international migrants

2000: Increased to 59 countries

Source: Rhus & Chang:2004, The Ethics of Labour Immigration Policy, IO Foundation

Terms Metaphors Questions Globalization, Packaging , Exploitation Transnational Migrant Worker: distinct from trade : Bundle of rights The metaphor of Wild Salmon and the Diaspora Inheritance of Loss or Loss of Inheritance? The concept of Ambient Abuse in the Corporate Cannibalism Trade-off between basic human rights and economic welfare

Globalization, Packaging , Exploitation

Transnational Migrant Worker: distinct from trade : Bundle of rights

The metaphor of Wild Salmon and the Diaspora

Inheritance of Loss or Loss of Inheritance?

The concept of Ambient Abuse in the Corporate Cannibalism

Trade-off between basic human rights and economic welfare

SNAPSHOT I: Gulf Immigrants The Expat problem, nationality-based wages The Ruler’s dilemma (religion or language or nativity) Cases of the Corner shopwallah, women and children ( Basic rights ) Visa scams, language and interpretation, visa change Difference of private and company visa Odd jobs and the debt trap

The Expat problem, nationality-based wages

The Ruler’s dilemma (religion or language or nativity)

Cases of the Corner shopwallah, women and children ( Basic rights )

Visa scams, language and interpretation, visa change

Difference of private and company visa

Odd jobs and the debt trap

SNAPSHOT II: US Immigrant Highest Immigrant population Visa Categories and the Mechanisms to ensure equality Indian Immigrants as Knowledge workers Pound shop employee(?) and the H1B Visa Holder Post 9/11 scenario Disuse of Alien Torts Claims Act

Highest Immigrant population

Visa Categories and the Mechanisms to ensure equality

Indian Immigrants as Knowledge workers

Pound shop employee(?) and the H1B Visa Holder

Post 9/11 scenario

Disuse of Alien Torts Claims Act

SNAPSHOT III: EU Immigrant Limited opportunities and visa orphans Safeguards and challenges of Indian Curry Houses Corroding cold and the Indian Subcontinent ‘’family’’ Business Health rights and social security Black economy, Domestic work and the illegal immigrants

Limited opportunities and visa orphans

Safeguards and challenges of Indian Curry Houses

Corroding cold and the Indian Subcontinent ‘’family’’ Business

Health rights and social security

Black economy, Domestic work and the illegal immigrants

LEGAL SAFEGUARDS Diversity in approach Approaches: Consequentiality or Idealist? Domestic Legislation: Vague or absent, lack of enforcement against recruiters and ‘false advertising’ Significant ‘contextual difference’: culture, bilateral, level of economic development International Regulation, MWC, 1990:Only 21 Ratification, non-committal, rhetorical and ineffective Members : Sender states, skewed negotiation power ILO: same fate, Potential economic benefit ignored

Approaches: Consequentiality or Idealist?

Domestic Legislation: Vague or absent, lack of enforcement against recruiters and ‘false advertising’

Significant ‘contextual difference’: culture, bilateral, level of economic development

International Regulation, MWC, 1990:Only 21 Ratification, non-committal, rhetorical and ineffective

Members : Sender states, skewed negotiation power

ILO: same fate, Potential economic benefit ignored

Conclusion: Limits of the Law Oversimplification: Migrant workers Global South, Pan Indian, South Asian: Porridge? Consistency in policy : cosmopolitan or nationalistic Priority of Liberty: justice as fairness: Bodily integrity (Rawls) ‘ Difference’ in Economic welfare: Freedom as Development (Sen, 1999) Need for Locus standi for individual migrant, NGOs, INGOs Need for support and funding Need for Legal aid by Embassy Bilateral Enforcement mechanisms: ineffective as informal and nonbinding Honor reciprocity as senders and receivers, ‘good migrant workers’ National or Global interest: Migrant Worker issues as ‘ Soft underbelly’ of Globalization

Oversimplification: Migrant workers

Global South, Pan Indian, South Asian: Porridge?

Consistency in policy : cosmopolitan or nationalistic

Priority of Liberty: justice as fairness: Bodily integrity (Rawls)

‘ Difference’ in Economic welfare: Freedom as Development (Sen, 1999)

Need for Locus standi for individual migrant, NGOs, INGOs

Need for support and funding

Need for Legal aid by Embassy

Bilateral Enforcement mechanisms: ineffective as informal and nonbinding

Honor reciprocity as senders and receivers, ‘good migrant workers’

National or Global interest: Migrant Worker issues as

‘ Soft underbelly’ of Globalization