Worker Exploitation Is Not Just a Chinese Problem

First published on the Huffington Post on November 2nd, 2012

Stuck as we are in the midst of a U.S. Presidential campaign that has consistently framed China as the “boogey man,” the homogenizing outrage against the Canada-China Investment Agreement focused, it is as if China- and Chinese-bashing is all the rage right now.

If you’ve been following all the flare-up in British Columbia in the last few weeks about migrant workers from China coming to work in B.C.’s coal mines you’d think that migrant workers being charged recruitment fees is something that’s never been done before.

Even the B.C. Federation of Labour listed Chinese migrant workers being charged recruitment feesup to C$ 12,500 as the number one reason to suspend temporary work permits for the B.C. coal mine.

Fact of the matter is that charging recruitment fees is not just a “Chinese” problem; it is a home grown Canadian one.

Fay Faraday wrote recently:

“As labour migration has increased, private recruiters have emerged to facilitate the flow of workers from one country to another. Exploitation in this relationship is able to flourish precisely because of the structural and income inequalities addressed above (i.e. the actual migrant worker laws themselves that deny people immigration status) and migrant workers’ location in that power imbalance.”

Here, in Ontario, member organizations of the Migrant Workers Alliance for Change (MWAC) like Justicia for Migrant Workers, United Food and Commercial Workers Union and the Caregivers Action Centre have repeatedly highlighted stories of migrant workers being charged enormous sums of money yet too little has been done by the provincial labour ministry.

We’ve heard of “Angela” who was charged $5,000, or the 19 workers in Windsor who typically paid between $9,000 to $ 12,000 or the workers in Regina who paid over $5,000 dollars to recruiters. These are just some of the stories that made the mainstream press — countless others never will.

In Ontario, charging recruitment fees from migrant workers is legal unless it is investigated as human trafficking which it rarely is. This needs to change.

In March of 2010, MWAC groups managed to get the Ontario Ministry of Labour to pass the Employment Protection for Foreign National Act (EPFNA). Unfortunately, the bill only covered migrant workers coming in as live-in caregivers, leaving out many other workers coming in on other programs who were also being charged recruitment fees. Many of the provisions of the bill, such as an anonymous enforcement line aren’t active. Since then, migrant workers and their allies have called on Ontario repeatedly to act to amend the EPFNA to ensure real protections for workers.

One model to consider is the Manitoba’s Worker Recruitment and Protection Act (“WRAPA”). WRAPA provides greater protection because it applies to all migrant workers, puts the onus on employers and recruiters to be accountable at the front end, and involves both federal and provincial governments in proactive oversight and enforcement. No employer can recruit a foreign worker without registering with the Ministry of Labour which includes details of the duties, location and time period of the migrant worker’s employment.

In contrast, Ontario’s recruitment protection requires no monitoring by the Ministry and no licensing of recruiters, or registration of employers. It is difficult for the Ministry to enforce the law when they have no idea where recruiters are operating, or where migrant workers are working.

As Canada shifts towards a permanent system of temporary immigration, it’s become critical to change provincial laws so that they protect migrant workers rather than employers and recruiters. The answer is not to shut down temporary work programs as some argue, it is to ensure full immigration status on landing for migrant workers. And alongside this struggle at the Federal level, we need to ensure that provincial and municipal laws and policies change so that migrant workers get access to full protections and services.

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