Justicia, Gabriela and Migrante on the Struggle of Temporary Foreign Workers
Justicia, Gabriela and Migrante on the Struggle of Temporary Foreign Workers
(To update readers on the recent issues and changes on immigration in Canada, The Philippine Reporter interviewed leaders of three immigration advocacy organizations in Ontario: Chris Ramsaroop of Justicia (Justice for Migrant Workers), Mithi Esguerra of GABRIELA Ontario and Jesson Reyes of Migrante Ontario.)
By Pet G. Cleto
TPR: What is the importance of Gina Bahiwal’s case in the context of the Temporary Workers Program?
Chris Ramsaroop of Justicia
Chris Ramsaroop (Justicia or Justice for Migrant Workers): Her case really shows that the immigration system we have is flawed. It treats migrant workers only as workers, and not as people. That’s not right; that’s not humane. So we have these workers who are victimized by it, and they have very few options. As in Gina’s case, in order to avoid the consequences of going past the 4-4 rule, she had to try for the BC PNP (Provincial Nominee Program).
Mithi Esguerra (GABRIELA Ontario): Gina’s case is typical of the problematic conditions of temporary foreign workers in Canada. These conditions are caused by a very anti-worker program that keeps the workers vulnerable to many abuses.
To date, we continue to encounter TFWs experiencing the same problems that TFWs have faced in the last decade:
• caregivers facing retaliation from their employers when they try to leave because of unjust working conditions
• caregivers being shared by employers; farmworkers being shuttled between different farms
• unsafe working conditions in farms – substandard equipment, lack of safety equipment
• agencies charging excessive fees from TFWs
• actual work and living conditions differing from what is stipulated in their contracts
…and the list goes on.
Jesson Reyes (Migrante Ontario): Gina’s case reflects the over-all situation of migrant women workers in Canada. Most temporary workers like her come to Canada in the hope that they can somehow get permanent residency. This belief is rooted in the utter conditions of poverty in the Philippines, so that many workers seek low-skilled and contractual jobs abroad in order to get out of the conditions in the country. In the process of going out and finding work abroad, however, they become prey to the many forms of abuse created by the greed and exploitative nature of recruiters . Particular to workers like Gina, they were also victimized by the 4 & 4 rule.
TPR: Why was Gina’s campaign to stay successful?
Chris Ramsaroop: There were many components. The outpouring of community support – the coordinated action of organizations under the Coalition for Migrant Workers’ Rights. A good lawyer. Media sympathy – since it was a compelling story (Toronto Star also had editorial based on her story). I think the editorial shamed the Liberals. But most of all, her value as an organizer and a force in the movement.
When I first met Gina, she was already helping other workers in their fight against recruiters-regarding fees and housing expenses. Then when she was being banned from other jobs because of her status, she planned to go to BC and brought her cousin and some others who were in the same situation as her.
Now, if we think about the failure of Lorenzo’s campaign (a TFW who was recently deported), actually, judgments on cases of migrant workers shouldn’t be based on exceptions. Everyone who has worked here should be able to stay. As Toronto Star said, there should be moratorium on deportations of TFWs who are victims of the 4 & 4. It must be tens of thousands of those who were affected.
Reyes: First, it was successful because of the quick and coordinated support of various migrant groups in the country. Second, Gina chose to fight although there were fears it would jeopardize her H& C case. The most important factor is that her case, being one of being badly affected by the 4 & 4 rule, represents a very important issue victimizing thousands of workers.
Prior to this announcement pertaining to Gina Bahiwal, a national coalition of migrants /CMWRC – had been formed, which had 3 specific calls to ease the burden of migrants working in Canada. One of these calls were the removal of the 4 in 4 out rule.
TPR: What is your comment on the recent short announcement of the Ministers of Labour and of Immigration about their response to the report of the HUMA Parliamentary Committee on the TFWP?
Ramsaroop: While Trudeau shows this nice Humanitarian face to the world , there’s this horrific Immigration system that just goes on deporting people. While we were successful with Gina’s case, Arthur Lorenzo, who whistleblowed on his employer’s housing conditions, got deported. Today, another one called asking for help. There must be thousands out there affected by this 4 & 4 rule. Trudeau continues to treat migrants as second class workers. The Trudeau government has shown no remorse about deportations of migrant workers.
It is a victory for us – the scrapping of the 4&4 rule. However, we are still left with this problematic program- people are still tied to one employer, they have to wait a long time for LMIAs, they need to stand up for their rights against abusive employers, and if they can’t find work, they are in this precarious immigration status. Once more, it’s the root of the problem, the TFWP, that needs to be addressed . It should. It be about meeting the needs of employers, but about building communities – so the workers can live here, and also fight for their rights.
Mithi Esguerra of Gabriela Ontario (Photo: HG)
Esguerra: We welcome the announcement that the 4-in-4-out rule will be cancelled, as this policy has caused a lot of problems for temporary foreign workers. However, compared to the recommendations that we and other migrant advocacy groups have put forward, the announced changes still do not adequately address the problematic nature of the Temporary Foreign Workers Program
Most of these abuses are made possible by the temporary status and the employer-specific contract of the workers. In the announced changes, neither of these factors are addressed. While the last point in the announcement is “committing to further developing pathways to permanence for foreign workers”, it is very vague about what kind of action will be taken or changes made, and how soon.
As long as permanent residency upon arrival is not granted, there remains a pool of labour from which employers can benefit, yet do not have the same benefits and protections as workers who are permanent residents. As long as the work contracts are employer-specific, the workers continue to be vulnerable to abuses and in a precarious state. If anything, the changes look like they would be of greater benefit to employers rather than the workers.
Reyes: The recent statement of the Liberal government essentially giving a reiteration to the acknowledgement it provided regarding the review of the TFWP program last September 2016 is not a surprising news. Migrante Canada released its official take on the governments response to the review: http://www.migrantebc.com/2016/09/26/migrante-canada-statement-governments-report-tfwp-blatantly-anti-worker/
From the point of the view of the workers, there is no illusion that this current Liberal government will hear the decade-long calls of migrant workers of PR status for workers. It has clearly shown to which interest it will serve, that is the interest of the employers.
TPR: What elements do you think the campaign for temporary foreign workers should have?
Ramsaroop: Our central job now is to organize. Then we must expose capitalism and the drive for profit of the elite-!the corporations and politicians.
We must also expose the colonialism of this elite,?which forces people into roads of indentured slavery and second class citizenship. Let us celebrate the victory of Gina’s case, and the scrapping of the 4&4 rule, but it should also be a wake-up call, a call to action. We must fight both the Liberal government and those governments of migrant worker-sending countries.
Esguerra: At the same time that we in GABRIELA Ontario continue to lobby, along with our allies, the Canadian government to change its policy on temporary foreign workers, we also continue to place accountability on the Philippine government. Filipino temporary foreign workers are still Philippine citizens, and thus, have the right to receive assistance from the Philippine government when they find themselves in crisis. In the cases of TFWs who have problems related to the TFWP, we have found it very difficult to avail of assistance from Philippine government representatives here. If a worker is in need of financial assistance, he/she has to go through so much bureaucracy in order to avail of their benefits from the Overseas Workers’ Welfare Administration fund, or through the Assistance to Nationals program. They have to prove their eligibility and even if they do go through the necessary steps, the process of decision-making on the part of the involved government agencies is questionable
Jesson Reyes of Migrante Ontario (Photo: HG)
Reyes: It is in the interest of migrant workers in Canada to double up their organizing efforts to ensure sustained collective actions against this Liberal government and its future attacks on the working class. Migrant workers must also find a common ground with local Canadian workers in connecting their respective issues as an overall issue of workers issues in Canada. Migrant demands must coincide with the demands of the local workers for a better, fair wages, rights to collectively bargain etc. Solidarity with other working class groups is needed more than ever. Pres. Duterte fails in delivering the promised changes he made to the millions of Overseas Filipino workers working abroad and were quite instrumental
to his victorious Presidential campaign last year. As OFWs, we must premise our primary demands to our president from a statement he himself gave to the OFW communities. We are starting to see through the concerned agencies that the so called Labor Export Policy remains as a fixture in the current economic agenda of a Duterte administration.
For one, programs and services geared towards OFWs like RAP (reintegration program) OWWA services remain as short term band aid solution for our competent OFWs.However, Philhealth, Pag-Ibig funds, OWWA memberships, OEC, and other additional miscellaneous fees continue to burden our kababayans working abroad. The issue of LAF – Legal assistance funds which amounts to P 100 million remains unresolved from its removal from the General Appropriations Act on 2014 under the Under the National Expenditure Program of the Aquino Administration consequently resulting in insufficient legal assistance funds for OFW who are in dire need of this. Jakatia Pawa of Kuwait who is the first OFW killed on Duterte’s term recently executed this January 25th is a victim of the government’s inaction and late response towards the plight of OFWs on death-row.
As OFWs are quite aware, when crisis hits in any part of the world, it is the migrants who often bear the brunt of this. In recent case, amidst the oil crisis in major countries in the Middle East, including the Kingdom of Saudi Arabia. Thousands of OFWs lost their contractual jobs and were forced to be repatriated by the government. Majority of the workers have not received just compensation from their recruitment agencies. Issues of unpaid wages, no compensations and benefit packages are issues that are being dealt with by the workers with the assistance of Migrante International. Sadly, Dept of Labor & Employment is leaving this labor issues up to the OFWs to go after their recruitment and has no intentions to assist the workers after their lone repatriation efforts.
This is a clear violation of the rights of the workers. The lack of a government-to-government agreement through a bilateral agreement allows for the PH government to provide the appropriate assistance DOLE and other concerned agencies could provide. The bankrupt Labor Export Policy of the Philippine government actively seeks employment for Filipino workers abroad but fails to lift a finger in times of crisis.
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