Women and workers from marginalized communities suffered disproportionately from the impact of the COVID-19 pandemic and a new survey details the effects on Kyrgyz migrant workers in Russia.
The survey of almost 300 Kyrgyz women who are dependent on precarious, low-wage jobs in Russia finds that the pandemic exacerbated migrant workers’ vulnerability to economic precarity and that women migrant workers reported brutal conditions on the job, including sexual violence. Almost half a million Kyrgyz women were working in Russia in 2021.
The survey compiled data from Kyrgyz women working in Russia in caregiving, catering, domestic and janitorial work and garment manufacturing and retail sectors in 19 Russian cities, including Moscow, Novosibirsk and Yekaterinburg. The survey was conducted by local non-governmental organization Insan-Leilek Public Foundation, a long-time partner of the Solidarity Center in advocating for the rights of migrant workers from Kyrgyzstan.
“The pandemic played such a cruel joke on us,” said a survey respondent. (For their protection, respondents are quoted anonymously.) “They start with migrants; they are the first to be fired.”
Respondents reported increased health precarity during the pandemic due to limited non-resident medical services and higher virus exposure while working service jobs, as well as increased financial precarity following mass service-sector and retail layoffs. Without formal written work agreements—common for migrant workers and a violation of their rights under Russian labor law—many lost their incomes without compensation, which increased their food insecurity and other economic hardships.
Rampant Worker Rights Violations, Including GBVH
Many respondents reported health and safety violations and loss of dignity at work due to migrant status, unregulated use of chemicals and rampant sexual or other gender-based violence and harassment (GBVH) by employers, supervisors and customers.
Sexual violence was common. Fourteen percent of those surveyed reported rape; two were victims of gang rape in their workplaces.
Sexual harassment was widely reported. Forty percent of participants said they were subject at work to comments about their bodies, obscene jokes and sexually suggestive gestures. Twenty percent reported violation of their personal boundaries, such as men touching their waist, breasts, buttocks and other parts of the body.
More than half of the respondents were working without contracts, leaving them without legal protection and vulnerable to the whims of employers—many of whom reportedly refused to sign employment contracts at the time of hiring.
More than two thirds of the women reported encountered discrimination at the workplace. Of that number, two thirds attributed it to their migrant status; half said it was because of their gender.
Many respondents reported wage and working conditions in violation of Russia’s labor code, including a quarter of respondents who suffered wage payment delays, half who did not receive overtime pay and four-fifths who were denied paid sick and holiday leave.
Half of respondents reporting rights violations did not know where to turn for help or were afraid to talk about it.
“I don’t want to seek help and it’s impossible to seek help,” said a survey respondent who reported being touched sexually at work but feared deportation if she reported the abuse.
Based on survey findings, Insan-Leilek made recommendations to the governments of Kyrgyzstan and Russia to better protect migrant Kyrgyz women, including a greater role for the Trade Union of Migrants of the Kyrgyz Republic, pre-departure worker rights training for those migrating to Russia for work and the creation of migrant crisis centers to provide emergency shelter as well as legal, medical and psychological aid. To address GBVH suffered by women Kyrgyz migrants in the world of work, union women are demanding ratification of UN International Labor Organization Convention 190 (C190).
Many Kyrgyz citizens are forced to move to other countries to earn their livelihoods because of limited economic opportunities in Kyrgyzstan, where a third of the population lives below the national poverty line and migrant remittances in 2022 represented 30 percent of the country’s GDP.
The Brazilian Ministry of Labor and Employment (MTE) rescued 39 workers, including children, in February from modern slavery in the state of Santa Catarina. Over half of them were Venezuelan migrants who had moved to the state via the government’s Operation Welcome program.
A construction company enticed the workers through social media posts in Venezuela, offering jobs building warehouses and promising good pay, safe work conditions, free housing and meals for the workers and their families. When workers arrived, however, they discovered that their “housing” lacked beds or bathrooms, and they were forced to build their own accommodations, which all of the workers and their families had to share. Meanwhile, none of the workers were provided signed labor documents, which meant they were neither formally hired nor had they access to work benefits.
Around the world, it is not uncommon for migrant workers to be promised decent work for good wages only to find upon arrival to a new country that they have been tricked. Not unlike the rescued Venezuelas, they often face wage theft, unsafe working conditions, abuse and exploitation.
Since 2018, the Solidarity Center in Brazil has worked to connect migrant workers to unions and strengthen collective action. The migration program raises awareness on the specific struggles of the migrant workers, shares best practices and tools with local union partners to increase migrant affiliation, and promotes social dialogue for the development of local public policies on migration through a labor movement perspective.
In recognition of its unique perspective and relationships with partner unions, the Solidarity Center was invited to join a new working group created by the Brazilian Ministry of Justice to discuss and propose a new national migration policy for adoption by the new government. The group held its first meeting March 3.
In partnership with the Center for Human Rights and Immigrant Citizenship (CDHIC) through the SindicAndo project, the migration program led to the 2022 creation of the National Network of Unions for the Protection of the Migrant Worker, which already has more than 80 members among local unions, national trade union centers, federations, confederations and global union federations. The program also supported the General Workers’ Union (UGT) Amazonas branch in the creation of the Venezuelan Association in Amazonas (ASOVEAM), which became an UGT affiliate. As of today, ASOVEAM is the head of the Committee for Migrant and Refugee Policies of Manaus, the capital of Amazonas.
The Solidarity Center, with Brazilian trade union federation CUT’s affiliate, the National Confederation of Construction and Wood Industry Workers (CONTICOM/CUT), is working to strengthen union action and confront and combat precarious work through national awareness-raising and affiliation campaigns in the Combating Precarious Work in the Construction and Wood Sectors. The project has mapped worker rights issues in the sector. According to CONTICOM, workers’ main challenges in the sector are: informal hiring, construction companies not providing personal protective equipment and/or bathrooms, the lack of government inspections of work sites, wage theft and harassment, including gender-based harassment.
Workshop on Labor and Social Rights for migrant workers in Manaus (Source: SindicAndo/CDHIC)
CONTICOM’s capacity building workshop on communication (Source: CONTI)
The trafficking of agriculture workers, including children, is widespread globally, and “practices of exceptionalism” limit workers’ rights to freedom of association, organizing and collective bargaining, according to a new report on trafficking in persons in agriculture from United Nations Special Rapporteur Siobhán Mullally.
“Characterized by high levels of informality, lack of oversight and protection, trafficking in persons remains a serious concern within the agricultural sector, affecting both adults and children,” she writes.
The report notes that while the COVID-19 pandemic saw agricultural workers designated as “essential,” worker protections did not follow. Indeed, temporary, seasonal and migrant workers are provided limited legal coverage, and restrictive migration policies persist despite the demand for agricultural workers.
Findings include:
Discrimination on the grounds of race, ethnicity, migration status, gender and disability creates conditions within which trafficking occurs with impunity.
Land inequality, particularly affecting women and girls, drives exploitation, including trafficking for forced labor.
The agriculture sector employs an estimated 28 percent of the total global labor force and an estimated 60 percent of the labor force in low-income countries. Because it is characterized by high levels of informal and seasonal employment, the risks of exploitation are also high.
Discrimination based on migration status leaves workers vulnerable to trafficking.
Gender inequality in land ownership and tenure contributes to poverty, dependency and risks of violence, including trafficking of women and girls. Women are estimated to make up 20 percent of the world’s landholders but account for 43 percent of agricultural workers.
Indigenous women and girls may experience increased risks of trafficking due to the intersection of discrimination and violence, based on gender, race, ethnicity, indigenous origin and poverty.
People with disabilities may be particularly at risk of trafficking in agricultural work, where there is limited oversight and monitoring of worker rights.
Agriculture is the entry point for child labor, accounting for 76.6 percent in child laborers ages 5-11 and 75.8 percent in children ages 12-14. Children who travel with parents migrating for work often miss out on their education, as well.
The Special Rapporteur also highlighted that recruitment practices for the sector–particularly of seasonal, temporary and migrant workers–increase risks of trafficking for forced labor. Recruitment processes and substantial recruitment and other fees often lead to debt bondage.
Meanwhile, “intensive agriculture and agribusinesses contribute negatively to climate change, reflecting the wider nexus between trafficking in persons, environmental degradation, loss of biodiversity and the climate crisis,” she writes.
The protection of all workers and their families “is essential to prevent trafficking,” she says, urging governments to, among other urgent actions: “Strengthen the capacity of trade unions, civil society organizations and human rights defenders to support agricultural workers, including through effective protection of rights to freedom of association and peaceful assembly and to collective organizing and collective bargaining, without discrimination.”
The Special Rapporteur’s report was bolstered by a submission from the Solidarity Center related to the conditions for migrant workers in Jordan’s agriculture sector. The submission noted:
Migrant workers work very long hours in hazardous conditions that lack occupational, safety and health (OSH) standards, medical care and overtime compensation. Forced overtime is an indicator of forced labor under ILO standards. The agricultural sector in general is an informal economy sector, and the work is usually temporary or seasonal. Agricultural areas are isolated and far from service centers; therefore, agricultural workers who suffer from labor and human rights violations do not have access to justice. Forced labor and wage theft are common violations, although usually not reported because of limited access to justice, absence of labor inspection and fears of retaliation and other threats workers face, especially undocumented or irregular workers. Because these workers were not recognized as workers under Jordanian labor law until May 2021, they lacked access to labor courts and were forced to file complaints through civil courts, which do not exempt court fees, making this an inaccessible complaint process for agricultural workers.
The kafala system requires migrant workers to be fully reliant on their employers for legal status. In the case that an employer does not renew a work permit, the worker is punished with deportation and a ban from returning to Jordan for three years. Workers are often deported without receiving their owed wages and other compensation–a form of wage theft, which is also an ILO indicator of forced labor. In cases where agricultural workers leave a workplace to escape harassment, rights violations and forced labor without reporting such violations, they are subject to an overstay fine, which is 1.5 Jordanian dinars per day (approximately $2) and they are subject to detention and false or retaliatory theft accusations by their employers, essentially becoming undocumented workers. Migrant workers rarely if ever report violations, fearing employer harassment or retaliation. Undocumented workers are victims of exploitation by brokers and fixers who charge excessive fees for work permits. A Syrian woman worker said, “Syrian agricultural workers’ wages are the lowest not because they accept to work for low wages but because the shaweesh (the middleman) takes a percentage of their wages.”
The Special Rapporteur’s report cited these examples and supported the Solidarity Center’s conclusion in its submission: “Trade unions are important to combat forced labor and other forms of labor trafficking and exploitation, and to raise workers’ awareness about their rights and the available services and access to justice channels.
“The explicit exclusion of both migrant workers and workers in the agricultural sector is a violation of these workers’ fundamental right to freedom of association under the Constitution of Jordan and international human and labor rights as enshrined in the ICCPR, ICESCR and ILO Conventions 87 and 98. The right to freedom of association is fundamental in a workers’ ability to advocate for her/his own rights, protect themselves from forced labor, and ensure protections from GBVH, and other occupational hazards.”
When addressing migration, governments must focus on human rights: “When you prioritize human rights, you naturally shift from criminalization and focus on rights-based approaches,” says Mishka Pillay, a migration and lived experience advocate and campaigner.
“Migration is historical, it’s natural it’s been here for centuries—and it needs to be normalized by countries.”
Approved by United Nations member states in 2018, the Global Compact for Migration reaffirms countries’ commitment to respecting, protecting and fulfilling human rights for all migrants. In May, the International Migration Review Forum (IMRF) will assess progress on the compact and the Spotlight Report seeks to ensure that grassroots migrant perspectives on progress and challenges are central to the discussions.
“Morally and ethically it is imperative to listen to people’s lived experiences. Government needs to listen and learn how migration is affecting real people,” says Pillay, an author in the report.
The Global Coalition on Migration, which includes the Solidarity Center, and the Friedrich Ebert Stiftung institute, released the report. Today’s launch emphasized the importance of migrants’ agency, including the agency of migrant workers, in the policy and process decisions that affect their lives, including in their workplaces.
Decent Work Key to Addressing Migration
A focus on decent work in origin countries “is necessary to break cycles of exploitation and prevent labor migration pathways from perpetuating global power and wealth imbalances,” writes Neha Misra, Solidarity Center global lead for migration and human trafficking. Misra co-authored the Spotlight Report article, “People Not Profit: Coherent Migration Pathways Centered in Human Rights and Decent Work for All.”
“For too long, failed foreign and trade policies have prioritized the interests of corporations and low-wage, export-oriented growth while actively undermining democracy and accountability, contributing to the push factors driving people to migrate,” the article states.
Shannon Lederer, AFL-CIO director of immigration policy and Yanira Merino, president of the Labor Council for Latin American Advancement (LCLAA), are co-authors.
Among the report’s recommendations:
Migrant workers, regardless of status, must have rights in line with international labor standards for all workers
Migrants must have rights at international borders
There must be alternatives to detention of migrants
Migrants must have access to public services and social protections, regardless of status
Coherent policies must be developed for those migrating due to climate related factors
Countries must adopt regularization policies and rights-based regular migration channels—that allow migrants the freedom to move, settle, work and fully participate in society—over expanding temporary or circular work programs. Countries should promote regular migration pathways that ensure full worker rights, facilitate social and family cohesion, and provide options for permanent residence and meaningful participation in civic life.
Commenting on the report during the panel discussion, Fernando de la Mora, who is part of IMRF discussions through the Economic, Social, Human Rights and Humanitarian Section of Mexico’s UN mission, reiterated his government’s support for a commitment to decent work in origin and destination countries, and summed up the report’s goals this way:
Millions of migrant workers trapped in pandemic lockdowns were forced to leave their employers and return home—bearing all the costs even as they often were unpaid for the work they had performed, says Michael Joachim, co-founder and director of the Plantation Rural Education and Development Organization in Sri Lanka.
“Wage theft was already there, but then during COVID-19, it happened on a mass scale,” Joachim tells Solidarity Center Executive Director Shawna Bader-Blau on the latest episode of The Solidarity Center Podcast.
“Normally, a migrant worker would be paid a return ticket by the employer. Failing which, the host country in some way contributes to their return,” Joachim says. “So, nothing like that happened. The migrant worker had to pay his own money for the return ticket. Pay his own money for quarantine, pay his own money to get back home. So, he completely lost everything. Now, if you just imagine, a person who had borrowed money to go abroad.
“And then, he also borrows money to come back. Because, to come back also, for the return ticket, for quarantine, he had to still borrow money.”
Joachim’s organization is part of the Justice for Wage Theft Campaign, a global network of unions and migrant rights organizations, including the Solidarity Center, formed during the pandemic to push for governmental and employer reforms to ensure migrant workers have access rights fundamental to all workers.
The Solidarity Center Podcast, “Billions of Us, One Just Future,” highlights conversations with workers (and other smart people) worldwide shaping the workplace for the better.
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