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LABOUR AND MIGRATION UPDATE
Press Release Regarding Farm
Workers' Right to Unionize
J4MW in the news
J4MW Goes to the UN in New York with Rural Women Making Change
The Harper Record on Migrant Workers
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Policy and Advocacy News
November 2008
by Salimah Valiani, Independent Researcher
The second Global Forum on Migration
and Development (GFMD) was held in Manila, Philippines, from October 27-30,
2008. Attended by more than 600 delegates from 164 member countries of
the United Nations, the Manila event exceeded last year’s participation
rate of 156 nations in Brussels, Belgium. This Update is a report on both
the official and parallel events of the 2008 GFMD.
Download full report in pdf
Last
Updated: October 26, 2009
Justicia for Migrant Workers & IAVGO off to the  The Industrial Accident Victims Group of Ontario (IAVGO) and Justice for Migrant Workers (J4MW) are excited to announce that we have been jointly awarded intervener status at the Supreme Court of Canada in Fraser v. Attorney General of Ontario .
This historic case challenges the exclusion of farmworkers, many of whom are racialized migrant workers, from joining unions and bargaining collectively. We believe that denying farmworkers the right to unionize and bargain collectively further entrenches the systemic wrongs that migrant workers/racialized farmworkers have historically and contemporarily experienced. Visit our Supreme Court Page for More
J4MW Press Release For Immediate Release Justicia for Migrant Workers Condemns Federal Conservatives Double Speak on Temporary Foreign Workers Justicia for Migrant Workers strongly condemns the proposed regulations introduced by the Federal Conservatives to 'protect' temporary foreign workers. These regulations continue the mean spirited approach of persecuting workers rather than addressing the structural mechanisms that deny migrant workers the ability to exert rights. While the legislation announces its intention to publicize exploitative employers and to deny them access to temporary foreign workers for a period of two years, J4MW believes migrant workers will disproportionately bear the burden for speaking out against injustices and abuses. Migrant workers are punished by the proposed forced disbarment for a period of six years or more from working in Canada after four years of cumulative employment, and the denial of their entry into Canada if their offer of employment is not deemed to be 'genuine'. "The Federal Government is playing with semantics through the adoption of superficial reforms. Abuses and exploitation is inherent in the structures of Canada's temporary foreign worker programs" says Evelyn Encalada Grez, National Organizer for Justicia for Migrant Workers (J4MW). "The consequences of these regulations will be far reaching in cementing the status of migrant workers in a perpetual cycle of precariousness. The government and members of the opposition political parties have failed these migrant workers and the community groups who have explicitly described the injustices inherent in the TFWP" continues Encalada Grez. The Minister of Immigration is engaging in double speak when he alleges that these regulations would address human rights violations faced by migrant workers. The irrational logic of these regulations is testament to the impact these policy changes will have in entrenching a permanent workforce that is disposable and discarded when not needed. While workers are barred after four years, employers however are free to continue to bring workers from different source countries. This approach penalizes workers while perpetuating the working and living conditions that enable the exploitation of Foreign Temporary workers. Without addressing the power imbalances that exist with the continuation of employer-driven programs; the denial of permanent residency for seasonal agricultural workers and 'low skilled workers' and the absence of a legislative framework to address the international scope of recruitment agencies, any proposed changes will work against the interests of those whom these regulations purport to protect. Abuses and violations are endemic and systemic across indentured labour schemes such as the temporary foreign worker programs. Community and labour groups have expressed their opposition to a meaningless consultation process and a Standing Committee whom also chose to ignore the far and wide reaching recommendations put forth by organizations such as Justicia for Migrant Workers. Collectively with our allies J4MW reiterates the vision that migrant workers have set forth. Workers need real protection, including permanent resident status on arrival, equal access to entitlements, a right to full protection under labour legislation, an end to all fees paid by migrant workers and end to deportations. For more information please contact Chris Ramsaroop at (647) 834 - 4932 or chrisramsaroop@gmail.com; www.justicia4migrantworkers.org -30-
Featured Articles: LABOUR AND MIGRATION UPDATE "This update will feature the presentation I made on October 17, at a joint-seminar of the Organization of Economic Cooperation and Development (OECD) and the Trade Union Advisory Committee to the OECD (TUAC) in Paris. The seminar, entitled “Fair Labour Migration - From Vision to Reality,” was co-chaired by Ron Blackwell (Senior Economist, AFL-CIO) and Martine Durand (Directorate for Employment, Labour and Social Affairs, OECD). Policy specialists from trade unions and from the OECD were in attendance. The presentation I made, on behalf of the CLC, served as the “TUAC expert” perspective in the seminar agenda." From Fields of Power to Fields
of Sweat:The dual process of
constructing temporary migrant
labour in Mexico and Canada ABSTRACT: This article examines the social construction of migrant labour forces through an analysis of the exterior and interior conditioning in an agricultural contract labour programme between Mexico and Canada. I argue that forms of exterior conditioning, especially employers’ point-of-production control, establishes the context within which migrant workers’ experience unfolds, for which reason it contributes to their ‘interior conditioning’. But I argue as well that the result is shaped by workers’ employment of a ‘dual frame of reference’ through which they gauge Canadian wages and working conditions the only way they can, which is in relationship to Mexican ones. Given that neoliberal policies have reduced the options available in Mexico, and diminished the attractiveness of those that remain, contract labour in Canada presents one of the few opportunities many poor, rural Mexicans have to acquire the income necessary for a minimally dignified life. Consequently most workers in this programme do everything possible to please their employers and continue in the programme. J4MW note: even though these articles are older, we believe they are very relevant to current government discussions around migration and development, including Canada's ongoing drive to increase temporary migration of workers into Canada.
NEWS: Mexican consul tampered with migrant farm worker union vote Winnipeg (17 Aug. 2009) - The Mexican consul visited migrant Mexican farm workers in Manitoba and threatened to blacklist them from ever coming to Canada again if they did not vote to decertify their union at Mayfair Farms in Portage La Prairie, says a spokesperson for group supporting the workers. The vote to abandon the union, which they had previously chosen to join, was announced earlier this month.
ALERT! May 27, 2009: Workplace Raids in Southern Ontario Early Wednesday (27 May) morning, Immigration Enforcement swarmed Lakeside Greenhouse in Leamington, ON arresting nine migrant workers, all women. The detained workers, Mexican citizens, are being held in Windsor County Jail. Some of the arrested have pending refugee claims and fear for their lives if forced to return. One of the detained is pregnant. If you know of any Immigration enforcement related activity, please write to chrisramsaroop@gmail.com & nooneisillegal@riseup.net and spread the word in your networks. Read about rights of migrant workers arrested in workplace raids: ALERTA! Mayo 27, 2009: Redadas en Ontario Temprano en la mañana del miercoles 27 de Mayo, agentes de Immigracion hicieron una redada en Lakeside Greenhouse, un invernadero en Leamington, Ontario y arrestaron a nueve mujeres inmigrantes trabajando alli. Para saber sus derechos si es arrestada/o en
una redada de immigracion en su trabajo, por
favor lea lo siguiente (en ingles): |
Previous J4MW Press Releases For Immediate Release Amendments Punish Migrant Workers: Justicia for Migrant Workers (J4MW) J4MW Demands Government Prosecute Employers, Recruiters not Persecute Workers Toronto - Proposed legislation tabled by the Federal Conservatives today will erect more barriers for migrant workers to exert their rights says Justicia for Migrant Workers, a Toronto-based advocacy group. According to a statement from the Federal Government, proposed amendments to the Immigration and Refugee Protection Act (IRPA) would “give the Minister of Citizenship and Immigration the authority to instruct immigration officers to deny work permits to vulnerable foreign workers who may be trafficked into Canada and forced to perform humiliating and degrading jobs against their will.” (Government press release June 17, 2009) Instead of improving working conditions for workers and cracking down on exploitative employers, these amendments would simply punish migrant workers. “Workers are already fearful that speaking out about workplace or other human rights violations will lead to deportation and permanent disbarment from employment,” says Tzazna Miranda Leal an organizer with Justicia for Migrant Workers. “With these amendments, workers could also be denied the ability to work if they stand up for their rights. This is absolutely counter-productive to providing real protection for vulnerable workers” continues Miranda-Leal Rather than punish workers, the Government should address the serious issues in Temporary Foreign Worker Programs that have been raised by workers, advocates, and even by the Standing Committee on Citizenship and Immigration through two recent reports. A coalition of community groups and workers is demanding that the federal government ensure migrant workers have equal access to basic entitlements, stop deportation of workers and grant status to migrant workers upon landing. “Instead of taking proactive measures to implement the Standing Committee’s recommendations, the government is adopting punitive measures that would force workers to keep quiet about the many violations they experience, says Evelyn Encalada Grez from Justicia for Migrant Workers “If the federal government is really serious about protecting migrant workers, they will ensure workers do not fear speaking out by granting immediate status upon landing and stopping deportations of workers” argues Encalada-Grez. For More Information please contact Chris Ramsaroop at (647) 834 - 4932, chrisramsaroop@gmail.com or www.justicia4migrantworkers.org. -30-
For Immediate Release Nine women arrested in Workplace Raid in Leamington Justice for Migrant Workers and No One is Illegal-Toronto condemn the latest workplace raids in Leamington, Ontario. In the early morning of Wednesday, May 27th. Immigration Enforcement swarmed Lakeside Produce arresting nine migrant workers, all women. One of whom is pregnant. They are all being detained in the Windsor County Jail. “We are outraged by these arrests,” says Chris Ramsroop of Justica for Migrant Workers. “These attacks destroy our communities. Instead of attacking the immigration system, we are attacking workers who put food on our table.” These latest arrests mark an alarming trend of workplace raids by the Canada Border Service Agency. In April, CBSA conducted large scale raids throughout the GTA and Southwestern Ontario, where over 80 migrants were arrested and deported. Workplace raids will only serve to terrorize and intimidate workers into working for low wages and unsafe working conditions because they are constantly under the threat of deportation. In the middle of this recession, the Tory government is spending money and resources on arresting people, throwing them into detention centers and buying their plane tickets, instead of supporting social services for those in need. The Tory government is targeting racial and ethnic communities and is using the raids to inflame racism and bigotry. They are using migrant workers as scapegoats in this recession. Justice for Migrant Workers and No One is Illegal-Toronto will be organizing over the next week to fight against the raids and these growing attacks on our community.
Community group expresses concerns over racial profiling of Mexican and Guatemalan
migrant workers by Canadian Government in wake of swine flu epidemic Tuesday April 29, 2009 For Immediate Release Justicia (Justice) for Migrant Workers (J4MW) is gravely concerned about the potential backlash that Guatemalan and Mexican migrant workers may face as a result of the swine flu epidemic. J4MW questions the rise in xenophobic discourse from both politicians and the mainstream media. We are urging people to address the issues related to the epidemic but not to unfairly attack those workers who are employed annually in Canada under the auspices of the Seasonal Agricultural Workers Program (SAWP) and the Temporary Foreign Workers Program (TFWP). Furthermore, J4MW urges Federal and Provincial officials to ensure that migrant workers are not specifically targeted. J4MW is concerned that a double standard is being implemented through the differential treatment of the thousands of migrant workers employed in Canada versus the tens of thousands of permanent residents who travel to and from Mexico annually. The exclusive targeting of migrant workers constitutes the racial profiling of specific communities. Learning from the experience of the SARS crisis, Asian Canadian community activists were instrumental in organizing in order to counter attacks and discrimination against their community. We urge our communities to be vigilant of racial profiling and to treat all people with respect and dignity when dealing with public health concerns. We are also calling for steps to be taken to lessen the sense of public hysteria that seems to be engulfing our communities. The current response to this epidemic is only replicating the kind of discrimination and harm experienced by the Asian Canadian community during SARS. J4MW encourages public health officers, elected officials, and others to refocus their efforts to address, not only the health of migrant workers when they arrive in Canada, but also the pervasive health and safety issues raised by workers that regularly go unattended to while they are living and working in Canada. These issues include work related injuries, the use of chemicals in the fields, over-crowded housing conditions, and poor field sanitation, among other violations of health and safety standards. Justicia for Migrant Workers in collaboration with allied organizations such as the Industrial Accident Victims Group of Ontario (IAVGO), will undertake the following measures to ensure the welfare of migrant workers in Canada: * Make available a toll-free bilingual telephone number (funded by Law Foundation of Ontario) in case of workplace injuries, discrimination or other work related concerns. The English number is 1-877-230-6311 and for service in Spanish 1-866-521 8535 (in Ontario most accidents and many illnesses that workers experience are considered workplace injuries for the purpose of Workers Compensation.) * Develop materials for workers on how to respond to health concerns and accessing their rights, benefits and entitlements. * Coordinate with local community organizations to support public health issues articulated by migrant workers. * Connect migrant workers to resources in their local communities. * Conduct workshops and consultations with workers to develop a workers-based action plan to counter perceived threats from members of local communities. *Coordinate efforts with other community and ethno-racial organizations to combat stereotypes and *Closely monitor abuses and forms of harassments that might be directed at all migrant workers (documented and undocumented.) For more information please contact Chris Ramsaroop, (647) 834 - 4932, chrisramsaroop@gmail.com, or j4mw@justicia4migrantworkers.org --30--
Press Release - Friday November 21, 2008. Justicia for Migrant Workers (J4MW) echoes the sentiments shared by community and labour unions in celebrating the recent legal decision of Chief Justice Winkler in the case of Fraser, Liu, McGorman and Church versus the Attorney General of Ontario. In this historic decision, Justice Winker upheld the right of agricultural workers at Rol Land mushroom farms in Kingsville, Ontario to be part of a labour union of their choice. The United Food and Commercial Workers (UFCW) won a clear majority among workers to gain recognition as the bargaining agent on behalf of these workers. In granting this decision, the courts have provided a clear and definitive legal direction in favour of some of the most exploited and vulnerable workers in Canada. Since
our involvement with migrant agricultural workers through J4MW and
in our previous roles as members of the United Farm Workers of America,
the Canadian Labour Congress and the Global Justice Care Van project,
we recognize collective bargaining and the right to unionize essential
to agricultural workers rights irrespective of status (temporary
or undocumented). These are basic rights that all workers should
have throughout Canada...
Justicia for Migrant Workers |
Protests respond to Ontario immigration raids Link: Web Nearly 200 outraged community and labour activists rattled the fences of Rexdale Immigration Detention Centre on April 5, demanding the release of over 100 undocumented workers arrested during unprecedented immigration raids across southwestern Ontario. Chanting ‘No One Is Illegal! Stop deporting people,’ ‘We didn’t cross the borders, the borders crossed us’ and ’Justice for migrant workers,’ teachers, lawyers and organizers from OSSTF D12, Parkdale Legal Community Services, Mujeres Al Frente, the Sikh Activist Network, the Good Jobs Coalition, CUPE, UFCW, CAW, OPSEU and many others joined family members and friends on Sunday morning. Organized by No One is Illegal-Toronto, Migrante Ontario and Justicia for Migrant Workers, the spirited action was in response to three separate but coordinated attacks against undocumented communities. This past week, Canada Border Services Agency and South Simcoe Police arrested hundreds of people, detaining over 100 workers. At the same time, in Leamington and Windsor, Ontario, dozens of undocumented people were picked up on their way to work, in their homes and in public spaces. Homes were also raided on the Danforth where absentee workers possessions were confiscated. ''For Justicia, these are our friends and our families that are on the inside," says Chris Ramsaroop from Justicia for Migrant Workers. "For Justicia this isn't just political, it’s personal. Our activists are impacted by these workplace raids." “Racialized people have been targeted once more while working to pay for the basics while corrupt employers go free. And to this we say No!" he thundered. No charges have been laid against the employer, Cericola Farms. These raids come the same day the migrant worker community celebrated a victory against recruitment agencies charging large “placement" fees to workers even if no legal work was found. Many workers were forced to work under precarious immigration status in order to secure an income. As supporters encircled the premises of the detention center, the detainees came to the windows, applauding, cheering, pounding at the glass and waving fists. The action saw both the imprisoned and their community allies demanding an immediate end to immigration raids, detentions and deportations. The adoption of the Bush immigration doctrine by the federal Conservative government is of little surprise to migrant justice advocates. These raids follow vicious policy and legislative directives including the adoption of Bill C-50, the expansion of employer driven migrant worker programs (temporary foreign worker programs) and the introduction of the Canadian Experience Class. The Conservatives and the Minister of Immigration Jason Kenney have yet again sent a clear message that economics, not family reunification or humanitarian principles, are the primary drivers of Canada’s immigration policy. (See http://toronto.nooneisillegal.org/node/274 for more on this.) While unprecedented in its scale, these arrests were not isolated incidents. Amina Sherazee, Barrister and Solicitor, who deals with people facing removal explains, “Not only has there been an increase in deportations, but people are also given very little time between the day they receive notice of deportation and the removal date in order to make it harder for them to use the courts to stop their removal.” “The economic crisis cannot be used to justify the firing of temporary workers or the targeting of people without correct papers,” insisted labour activist Winnie Ng, chair of the Good Jobs Coalition. “We need an immigration system that is based on hope, compassion and solidarity,” Ng added. “My clients were kept immobile and handcuffed for several hours,” says Macdonald Scott, who is representing a few of the detainees. “Their arms swelled up as a result and many were in considerable pain,” he told the protesters. "Nearly 40 have been manipulated in to signing documents that will see them deported without the due process of the law!" Soon after the action, organizers received word from inside that the detained workers expressed their gratitude for today’s action. They were ecstatic at the support of community groups struggling for justice, dignity and respect for peoples, irrespective of immigration status. Community organizations in coalition with undocumented workers, temporary foreign workers and all peoples with precarious status will continue to fight immigration raids and demand a humane, people-centred immigration system that is based on justice for people, not profit for elites. Solidarity actions took place in Edmonton on Tuesday and will take place in Vancouver on Thursday. A forum and assembly is planned for Saturday, April 18. A massive rally of thousands of people is planned in Toronto for May 2, 2009 at 1p.m., starting at Allen Gardens. Syed Hussan, Chris Ramsaroop and Faria Kamal are organizers in the struggle for migrant justice fighting alongside temporary workers and undocumented people for dignity and respect for all. |
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Action Alert: ACT! CALL! WRITE! This Sunday April 19, 41 workers will be handcuffed, dragged to an airport and placed on a plane to Thailand. Many of them will never have the chance to return to Canada. They were arrested with dozens of others on their way to work or while packing food at Cericola Farms, in southwestern Ontario last week. CBSA then lied to them and tricked them into waiving their legal rights. This is a targeted attack by the Tory government against migrants. Minister Van Loan can stop these deportations; Minister Kenney can grant them status. |
YOU can insist that they do so. 1. Take public action against your MP, Immigration or Enforcement Office. (See list of cities below) 2. Spread the word! (http://rabble.ca/news/2009/04/protests-respond-ontario-immigration-raids) 3. Call Ministers Kenney and Van Loan. And call your local MP to pressure the Ministers. 4. Send a letter to Ministers Van Loan and Kenney (sample below). Ask your MP to do the same. Write to your local media outlet. 5. Spread the word. Stop the raids. Stop the deportations. Demand status for all. On 2 May, take to the streets Sample letter below Peter Van Loan, Minister Jason Kenney, Minister Ministers Van Loan and Kenney, On April 2nd and 3rd, CBSA raided three food processing factories where they held all workers at gun point. These workers were herded into a cafeteria where citizens and permanent residents were separated from other workers. These other workers, many of whom possess temporary work permits, were handcuffed and held on a bus for over eight hours. In unprecedented weekend hearings, most of the detained workers were tricked into waiving legal advice or the right to dispute their removal. These illegal and egregious actions were followed by speedy requests for travel documents, as their original passports are held by unscrupulous, corrupt agents at TNT Recruitment. The Thai consulate has provided these papers and 41 of the arrested are being put on a plane on Sunday April 19th. Removing workers from Canada in this way is arbitrary and illegal. The recruitment agency and the company which paid these workers $9.00 an hour for 12 hours of back-breaking and brutal work have not been charged. Minister Van Loan, sign a notice to stop the deportations. Minister Kenney, grant all workers arrested full status. Stop using the economic crisis as an excuse to target migrant workers and their families! ++++++++++++++++++++++ Actions: 18 April 17 April 14 April 9 April 7 April 5 April (Please email nooneisillegal@riseup.net if you're organizing an action) |
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No One Is Illegal-Toronto presents the City is a Sweatshop CITY IS A SWEATSHOP- 19 - 22 FEBRUARY 2009 View videos of the conference on YouTube Featuring: For people without full immigration status, Toronto is a not a welcoming city. It is the centre of Canadian business and home to it war machine. It's a city where undocumented people live and work under brutally exploitative conditions. It's a city where non-status people are forced out of schools and hospitals, unable to access housing and terrorized by border guards. For those without status, Toronto is a sweatshop. We refuse to stay silent! Join with grassroots community organizers from across North America as we dismantle the sweatshop city and build a community that is safe for all! Click here for further details: toronto.nooneisillegal.org/thecityisasweatshop |
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Community
Support Alert!!! 1.
emergency shelter/ short, medium and longer-term housing for contact us: info "at" justicia4migrantworkers "dot" org
Background on the firings and the issues:
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"Laura's crime was to have been injured
at work. She lost her balance, fell off a tractor and her legs were
crushed by its wheels. As soon as she regained consciousness after
her first surgery, an official from the Mexican consulate in Toronto
started harassing her." Harvest of Injustice: The Oppression of Migrant Workers on Canadian Farms by Adriana Paz "My first observation was that brown bodies are the pickers and white bodies are the managers. I naively asked my boss why there are no Canadians picking tomatoes. He answered me simply, "Because this is not a job for them."
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J4MW
Goes to the UN headquarters in New York En la ONU exponen abusos a
las trabajadoras agrícolas Arid harvests for migrant
women
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The Harper Record on Migrant Workers: September 23, 2008 - Canadian Centre for Policy Alternatives The Canadian Centre for Policy Alternatives (CCPA) released The Harper Record, the most comprehensive analysis of the Conservative minority government's record to date. One chapter of the book focuses specifically on the Harper government's record on issues related to migrant workers. You can read that section, in PDF format, by clicking here: Migrant
Workers Under Harper |
Absence
Grows Our Vegetables
Migrant
Workers Reap Bitter Harvest in Ontario 
16 October, NGO Briefing