migrants – UAB Institute for Human Rights Blog

The Wine Industry: Years of Exploitation and Human Trafficking

by Caitlin Cerillo

Have you ever had a glass of wine and wondered how it’s made? Or, pondered what it comes from and how long the wine-making process takes? Who is responsible for making it? Surely, the wine industry has been modernized, where mechanical inventions can do most of the handiwork when creating a delicious bottle of wine used for birthdays, weddings, anniversaries, and other milestone celebrations.

Unfortunately, this isn’t the case. The wine industry has had a history of exploiting its workers by forcing them to work in extremely poor conditions and grueling hours. Wine-making follows an intricate process, starting with the harvesting of grapes in vineyards. Mechanical harvesting does exist and is generally quicker than doing so by hand, as the average human can harvest 1-2 tons a day, while a machine can harvest 80-200 tons. However, human harvesting is still favored because it offers a more precise selection and lessens the severity of oxidation getting to the grapes due to damaged skins.

A person picking grapes to harvest for wine. — A worker manually harvesting grapes for wine. Source: Yahoo Images

The amount of grapes needed to produce a standard-size bottle of wine varies depending on the style of wine. However, a general number given by experts is an average of 1.25 to 1.50 kilograms, or 2.75 to 3.3 pounds. With the amount of wine that is produced worldwide within just a year, this adds up to a huge demand for grape pickers to supply the lucrative wine business. In the world, there are two primary countries responsible for the largest number of wine production: Italy and France. Both countries have come under fire for unethical practices in their wine production and human rights violations that include human trafficking, exploitation, and extremely poor working/living conditions for workers.

What is Human Trafficking and Exploitation?

Human trafficking is a huge issue across the world. The United Nations Office on Drugs and Crime (UNODC) defines human trafficking as the “recruitment, transportation, transfer, harboring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit.” Human trafficking can come in many different forms, like sex trafficking, forced labor, and child sex trafficking. Victims of human trafficking can come from any kind of age group, gender, and background.

However, specific groups may be more vulnerable than others. These groups include people separated from their families or other support systems, refugees or migrant workers, sexual and gender minorities, people with disabilities, and members of lower socio-economic groups. According to the Centers for Disease Control and Prevention (CDC), human traffickers will use manipulation tactics and exploit the vulnerabilities of their victims, which is why these specific groups are at heightened risk.

Italy

In September 2021, a humanitarian organization by the name of Oxfam released a Human Rights Impact Assessment (HRIA) on the Italian wine supply chain to assess their impact on human rights. The HRIA is titled “The Workers Behind Sweden’s Italian Wine” and focuses on the primary Italian wine supply chain in Sweden, Systembolaget. The HRIA’s objectives were to perform a context analysis on Systembolaget in order to “build an understanding of the nature of the Systembolaget supply chains” and then to “identify the actual and potential human rights impacts in Systembolaget supply chains in practice.”

Oxfam’s HRIA does a great job at going more in-depth with the current human rights violations occurring in the Italian wine industry, along with the potential human rights violations that are at high risk of coming to fruition. To summarize, Oxfam found several serious violations: forced labor, low wages, excessive working hours, health and safety risks in vineyards and wineries, lack of access to remedy, restrictions to freedom of association, sexual harassment and gender discrimination, and unsanitary housing. To read more about Oxfam’s findings, follow this link.

France

France’s primary region for wine production is called the Champagne region, located roughly to the east of Paris. In late 2023, a large portion of the region was shut down by French authorities and put under investigation for human rights violations. Wine-makers in the Champagne region are migrants primarily from West African countries. It was discovered that the lodgings that provided housing to the migrant workers were of poor quality, with makeshift beds surrounded by electrical cables and extremely unsanitary bathroom facilities.

Workers picking grapes in a French vineyard. Source: Yahoo Images

The investigation also found that the contractors responsible for hiring the migrant workers exploited their vulnerabilities, as they were willing to work, even without proper contracts and for extremely low wages. At the end of the 2023 harvest season, another trafficking investigation was opened by authorities, which involved 160 laborers from Ukraine living in poor conditions in another area of the Champagne region.

South Africa

Although South Africa isn’t at the very top of the list of wine-producing countries, it has been accused of violating several human rights for years. In 2011, Human Rights Watch released a report titled “Ripe with Abuse: Human Rights Conditions in South Africa’s Fruit and Wine Industries,” detailing the problems surrounding the country’s industries. For over a decade, numerous attempts have been made to improve them, as well as conditions on farms. For instance, the Wine Industry Ethical Trade Association was created in 2002. Unfortunately, significant improvements have yet to be made to rectify the issues at hand.

South African farmworkers who supply the grapes needed for wine are vulnerable to some of the following human rights violations: exposure to pesticides and harmful chemicals, working long hours, and being forced to work in extreme weather conditions. Many farmworkers don’t even have access to safe drinking water, toilets, or livable housing. They face difficulty in forming a union to bring attention to the injustices they face. Like Italy and France, South African farmworkers receive low wages and little to no protection from the government.

The Future of the Wine Industry

There are many possible routes that can be taken to improve the working conditions for wine-makers. One of the most productive ways includes wineries turning to certifications that can help lay a groundwork for better standards, like environmental sustainability and safe working conditions. These certifications can help ensure that wineries are being held to their promises. Several wineries across the world have turned to certification efforts, like Chile’s Emiliana Organic Vineyards, which is certified under B Corp. B Corp was established in 2006, with the initiative of encouraging accountability, transparency, and environmental performance in business. Similarly, Italy has founded the Equalitas standard in 2015, which is specifically aimed at the wine industry.

Republic At Risk: COVID-19 in India

While the novel coronavirus (COVID-19) has impacted almost every corner of the globe, parts of Asia are still just beginning to see the systemic effects of the pandemic. As the second most populous country in the world, India has experienced a rise in COVID-19 cases and deaths which magnify current injustices across the country. This blog addresses India’s importance within the COVID-19 pandemic and its relationship with human rights issues concerning feeble governance, police brutality, migrant displacement, and Islamophobia.

As of late-July, over 1.4 million Indians have been diagnosed with COVID-19, while over 32,000 have died from the virus. India’s western state of Maharashtra is currently the country’s epicenter with over 375,000 confirmed cases of COVID-19. On the southern coastline, the state of Tamil Nadu has the country’s second-largest number of confirmed cases (210,000+), while the capital territory of Delhi in the northwest has recently exceeded 130,000 confirmed cases. Additionally, the southeastern state of Andhra Pradesh has confirmed over 95,000 cases of COVID-19. Interestingly, India’s most populous state, Uttar Pradesh, has only confirmed just over 65,000 cases which triggers questions about access to COVID-19 testing and essential resources throughout the country.

A National Lockdown

In late-March, the Indian government issued a nationwide lockdown that lasted two months. Inconveniently, the country’s 1.3 billion inhabitants were given less than a 4-hour notice of this initial 3-week lockdown. The effects of this tall order were apparent on day one since so many people throughout the country live on a daily wage or in extreme poverty. As food supply chains became compromised and manufacturing facilities closed, the country’s unemployment rate reached a 30-year low. All the while, facilities such as schools and train coaches have been converted into quarantine centers. These attempts have seemingly delayed the inevitable spike of COVID-19 cases. However, it is speculated that the low number of confirmed cases is the result of low testing rates.

This outcome has been attributed to lax contact tracing, stringent bureaucracy, and inadequate health service coordination, namely in Delhi where cases have recently surged. However, as India reopens, the number of confirmed COVID-19 cases has increased. Additionally, the introduction of newly-approved antigen kits have allowed for rapid diagnostic testing, although testing is not to be distributed proportionately. More specifically, family members and neighbors of people who have tested positive for COVID-19 claim they are not being tested. Also, in several instances, the family members of people who have tested positive for COVID-19 were not being informed about their loved one’s diagnosis. After much scrutiny, however, local health authorities in Delhi have attempted to pick up the pieces by using surveillance measures such as door-to-door screenings, drones, and police enforcement.

Policing the Police

While the recent murder of George Floyd sent shockwaves across the world, India has been confronting its own relationship with police violence. In June, two Tamil Nadu shopkeepers, J Jayaraj and his son Bennicks Immanuel, were arrested for keeping their business open past permitted hours during the national lockdown. They were then tortured while in police custody and died days later in the hospital. Due to this event garnering considerable attention and protesting, six police officers have since been arrested for their deaths. Also, Tamil Nadu police officers with questionable track records will now undergo behavioral correction workshops. However, this incident is no anomaly. According to the National Human Rights Commission (NHRC), nine Indians die in judicial or police custody every day. In comparison, official government crime data claims 70 people were killed in Indian police custody in 2018. This striking differential in reported custodial deaths suggests India’s law enforcement entities lack accountability and are riddled with corruption.

Much like the United States, India has a history tainted with police violence that disproportionately affects minority groups, namely people from the lowest Dalit caste, indigenous groups, and Muslims. With no choice but to work during the national lockdown, many of India’s poorest citizens were beaten by police. Videos of these violent acts surfaced across social media. In opposition, there have been over 300 reported incidents of attacks on police officers alone in Maharashtra. These recent events highlight the need for the Indian government to pass anti-torture legislation that curbs police violence. By ratifying the United Nations Convention Against Torture, the Indian government can help remove the colonial vestiges of power and punishment that have plagued the country for generations.

Migrant Displacement

The sudden announcement of a national lockdown had tremendous repercussions for the tens of thousands of daily-wage migrants throughout India. Overnight, businesses closed and transportation systems suspended throughout the country, placing many migrant workers in precarious economic conditions. Men, women, and children hunkered down in urban centers across the country as they waited for their workplaces to reopen but to no avail. In response, India’s major cities experienced an exodus of migrant workers attempting to return to their home states on foot, many living hundreds, even thousands, of miles away. As thousands trekked home, many died due to dehydration, exhaustion, sunstroke, and traffic accidents. Reports of pregnant women delivering, and subsequently carrying, their children in these horrific conditions have also surfaced.

A recent Supreme Court order has urged the well-being of India’s 100 million internal migrant workers affected by the hardships of COVID-19 by requiring the government to register, feed, shelter, and transport them until they return home. However, these efforts are seemingly inadequate because most internal migrant workers have not qualified for these “relief packages”, while those who have qualified are experiencing limited coordination between state governments. All the while, India has ended its national lockdown and many migrant workers are trying to return to their places of employment. Some employers are sponsoring the return of their lost workers, while some must find their own means to return. As such, some states have sought local help to accommodate the loss of migrant workers which places many Indians in even greater economic uncertainty.

Migrant workers walking on the shoulder of a highway during the nighttime. — The Indian Lockdown Migration – IV (PB1_4728). Source: Paramvir Singh Bhogal, Creative Commons.

Pathologizing Islam

COVID-19 in India has contributed to a surge in anti-Muslim rhetoric that suggests this religious minority group is purposely spreading the virus. The rumors began after Tablighi Jammat, a Muslim missionary group, held a congregation outside of India and, soon after, many members tested positive for COVID-19 in New Delhi. Videos on WhatsApp and various television channels have proliferated this misinformation to the Indian public alongside the usage of phrases such as “corona jihad” and “corona terrorism”. To make matters worse, the Bharatiya Janata Party (BJP)-led government, which is notorious for its Hindu nationalist sentiments, has begun incorporating Tablighi Jamaat-related statistics to its daily COVID-19 briefings. Such rhetoric has influenced a slew of Islamophobic acts such as prohibiting neighborhood entry, restricting sales by street vendors, and even violent attacks.

These recent events fuel an existing fire that posits Muslims as reproducing at a pace to outnumber Hindus and compromising “Mother India”. However, recent efforts between Muslim Indians and allies has been quick to respond to this COVID-19 misinformation because they have been protesting India’s new citizenship law that offers amnesty to various non-Muslim immigrants and a nationwide citizen count that necessitates proof of documentation dating several years back. The BJP has made it apparent that Muslims are not welcome in India and weaponized the COVID-19 pandemic as a part of its Islamophobic campaign. As such, these efforts corner Muslim Indians into political and economic insecurities that pressure apartheid at a time when unity is paramount.

Masked medical professionals walking with a crowd in the background. — coronavirus-india-rep-image-hyd. Source: Anant Singh, Creative Commons.

Human Rights in India

As displayed, India has an array of prevalent human rights issues that have compounded since the arrival of COVID-19. Among the efforts that could protect Indians from these concerns are labor protections, health care reform, civil rights for minority groups, food security, and income equality. However, Prime Minister Narendra Modi has propagated a narrative of self-reliance that undermines these systemic inequalities. Service provision has highlighted these discrepancies because resources are scarce, and those with power and privilege are placed to the front of the line. In addition, many Indians cannot abide to the recommended sanitation and social distancing measures due to living in poor, dense settlements in the heap summer when water sources are limited.

Although tearing through communities and disrupting daily life in India, the COVID-19 pandemic can be viewed as an opportunity for social change. More specifically, it is well within the power of Parliament, the media, civil society, and local governments to right these wrongs by ending communal bias and impartiality within state institutions. Addressing these corrupt and oppressive practices will not only remediate the effects of COVID-19 but help shape an equitable future for a country that is rapidly becoming a global super power and expected to be the most populous country in the world by 2027. Real change and equity in the world’s largest democracy could send a much-needed shockwave of justice across the globe.

Where Social Distancing is Impossible

As the COVID-19 outbreak crosses borders throughout the United States, the Center for Disease Control has released recommendations for maintaining public health, which includes working from home, hand washing, and staying six feet away from any person, if possible. For the past few weeks, I have noticed people in my own community adapt to this new way of life. Kroger and Home Depot put masking tape six feet apart in the checkout lines, and every company I’ve ever heard of has sent me a helpful email explaining their own “pandemic plan.” Amidst the anxieties associated with this global pandemic, focus understandably turns to our immediate family and community. I may get frustrated about the lack of toilet paper in my local grocery store, but millions are incapable of following any of the CDC’s guidelines. Areas with a lack of hand-washing stations, affordable healthcare, clean water, internet, housing, and infrastructure do not allow for proper social distancing. Even at the United States’s southern border, relief agencies are struggling to address the growing pandemic.

Thousands of migrants along the United States-Mexico border are stuck in limbo. Many have fled from Central America, fleeing domestic violence, gangs, and death threats, to seek shelter in the United States. However, due to the threat of COVID-19, “The U.S. closed its border to asylum-seekers, Mexico suspended refugee processing, and many migrants are afraid to go home to their native countries, even if it were safe to travel.” Therefore, people seeking asylum are left on their own to find shelter, food, water, and medical care in a place that lacks these things when there is not a global pandemic occurring. Volunteers that would usually come to help have been quarantined, basic supplies have become hard to find due to panic buying, and any assistance from medical staff has been stretched thin as case numbers continue to rise in both Mexico and the United States. Additionally, asylum-seekers have to be concerned for their own safety even after they have made it to the border and received a court date for immigration hearings. Human trafficking, sexual assault, and gang violence are all risks in the camps, and since immigration hearings have been put on hold indefinitely, asylum-seekers have to wait even longer in these dangerous areas. Aid efforts become increasingly complex with more restrictions put in place by Mexican and United States governments each day.

Pew Research Center Graph showing countries that have closed their borders due to coronavirus — Source: Pew Research Center

As economies are negatively impacted by the virus, countries are becoming increasingly isolationist. 90% of the world’s population currently live in countries with restricted travel, while almost 40% live in countries with closed borders. These countries include Canada, China, Japan, and Ecuador, with Greece suspending asylum claims at its border with Turkey, much like the United States’s current policy with asylum-seekers at its southern border. Millions of United States citizens have filed for unemployment, and businesses and individuals are struggling to stay financially afloat and pay rent. It makes sense that countries like the United States are turning their attention to the plight of their own citizens, but according to the United Nations (UN) Secretary-General Antonio Guterres, “If we let the virus spread like wildfires, especially in the most vulnerable regions of the world, it would kill millions.” For many relief agencies and nonprofits, grants and funding for the year have already been distributed. However, the funds are typically earmarked for certain programs. Unfortunately, many of these programs, like funding for computer education, community engagement, and language classes, cease to exist in a world with COVID-19. Now, funding is needed to help displaced persons combat the threat of COVID-19, but it would require authorization to transfer funds from one program to another. Jan Egeland, Secretary-General of the Norwegian Refugee Council, has said that banks have not financially supported relief agencies who would help UN sanctioned countries like Iran and North Korea because they fear being sued by the US government. Bureaucratic lag in providing humanitarian resources will likely mean death for thousands, particularly those with limited resources. With donor countries being overwhelmed with their own coronavirus crises, where would the funding come from?

War-torn countries and refugee camps in countries like Syria and Sudan receive assistance from the UN in the form of educational, medical, and financial resources. When we see pictures of a child fleeing violence and war in Syria, it is understandable why the UN would come in to help. However, rhetoric around the US-Mexico border paints a different picture. Often, this population is thought of as simply a group of people seeking the “American dream”. In truth, these asylum-seekers and refugees are fleeing for their lives, just like refugees on other continents. Regardless of opinions surrounding citizenship and legal status, the reality is that thousands of people have come to this region to escape deadly violence. Executive Director of Global Response Management (GRM), an organization that provides medical care to vulnerable populations worldwide, Helen Perry explains the unique situation, “There’s not a lot of great oversight. Normally in a displacement situation, the UN would come in at either the request of the country they’re fleeing from or the country that’s receiving them…but unfortunately at the border that’s not happening because both governments [Mexico and the US] are sort of unwilling to admit that there’s a problem.” As a former nurse in the US Army, Perry is especially adept at assessing the needs of struggling communities. When she came to the US-Mexico border for the first time in 2018, she was surprised to see people facing similar levels of violence to patients she had helped in Yemen who had fled the Civil War there. Fortunately, her organization continues to provide aid along the border, but COVID-19 adds an additional layer of complications. The dire situation described above was her take last year, and her organization has had to make adjustments due to the pandemic, including creating a makeshift hospital. They’re not the only organization building makeshift shelters. A government agency tasked with building the US-Mexico border wall is currently creating semi-permanent lodging for its construction workers so they can continue building, despite concerns at COVID-19. These workers, like asylum-seekers on the other side of the wall, are worried about their health and how a lack of resources could impact them and their families.

Asylum-seekers and refugees have limited access to news updates, so there is a lack of knowledge in the camps about COVID-19 and its impact. Border towns like Tijuana are already overwhelmed with patients who are US citizens, so it would be virtually impossible for a non-citizen to get accepted should the need arise. They have been instructed by relief agencies to attempt to follow the previously mentioned CDC guidelines about social distancing and handwashing, but this is incredibly difficult in the camps. Tents are small, and many people have to sleep next to each other. Water stations and bathrooms are few and far between. As coronavirus tests are barely accessible to US citizens, finding one would be challenging for someone in the camps.

Discussions of this contagious virus have created anxiety for any empathetic person. Despite the grim reality, there are some positive efforts taking place. GRM is currently working on a twenty-bed field hospital near the Matamoros camps, although they may face more challenges as United States volunteers may not be allowed to travel there. Al Otro Lado, a legal services organization, and the Refugee Health Alliance have distributed medication and additional hand washing stations to many asylum-seekers. While there are few suspected cases of COVID-19 at the camps as of yet, these actions could be crucial in containing the virus should an outbreak occur. It’s important to remember wise words by Richard Blewitt, UN representative for the International Federation of Red Cross and Red Crescent Societies, “At this time we need global and local solidarity and compassion with all those affected by COVID-19, wherever they live.”

Give Me Your Tired, Your Poor: The U.S. Refugee Crisis

On Monday, November 12, the Institute for Human Rights co-sponsored an event with local education, faith-based, and law organizations at Birmingham-Southern College (BSC), titled Addressing the Global Refugee Crisis – Part 2: Focus on the United States. The panel discussion, moderated by Anne Ledvina ( Associate Director at BSC – Ellie and Herb Sklenar Center for International Programs), included Yanira Arias (Campaign Manager at Alianza Americas), April Jackson-McLennan (Attorney at The Law Office of John Charles Bell, L.L.C.), Sarai Portillo (Executive Director at Alabama Coalition for Immigrant Justice), Roshell Rosales (Member at Adelante Alabama Worker Center), and Jessica Vosburgh (Executive Director at Adelante Alabama Worker Center), addressing the Central American migrant caravan, definitions of immigration law, and Alabama’s role in the current refugee crisis.

From left to right: Anne Ledvina, Jessica Vosburgh, Roshell Rosales, and April Jackson-MacLennan pictured on the discussion panel. Source: UAB Institute for Human Rights

Arias and Portillo first addressed the audience by speaking about the recent events in Mexico City where many Central American caravan refugees were staying in a stadium serving as a makeshift camp. Here, many tenants camped on the field or slept on the bleachers, received medical attention and waited in line for basic resources, such as water, that had limited availability. Not only does Portillo assist migrants in her birthplace of Mexico but heads the Alabama Coalition for Immigrant Justice (ACIJ), a grassroots network of six non-profit organizations and various individuals dedicated to protecting and advancing immigrant rights by developing leadership, aligning with other justice causes, encouraging civil participation, and advocating for just policies. Arias’ organization, Alianza Americas, which is a national network serving Latino communities, is currently facilitating donations for Central American caravan refugees through the Refuge for Families Campaign.

Vosburgh then initiated discussion around the narrow qualifications for refugee status and mentioned the disproportionate effects of being an LGBTQ refugee such as allocation to immigration facilities based on birth-assigned gender and sexual exploitation. Additionally, Vosburgh insisted the United States plays a unique role in creating refugees, namely through the war on drugs and neoliberal economic policies which perpetuate destabilization in the Global South. Vosburgh heads Adelante Alabama Worker Center, a Hoover-based organization dedicated to uniting low-wage and immigrant workers as well as their families for defending and promoting human, namely labor, rights in vulnerable communities. Adelante offers a myriad of programs, including the Accompaniment Program, which matches volunteers with community members to assist with transportation to court hearings as well as probation appointments, as well as English classes and legal representation. Additionally, Roshell Rosales, an Adelante member and Montevallo University sophomore, spoke about her experiences as a Dreamer, including scrutiny from law enforcement and the opportunity to earn a scholarship through The Hispanic Interest Coalition of Alabama (¡HICA!).

Jackson-McLennan elaborated on the services provided by The Law Office of John Charles Bell, L.L.C., particularly their focus on affirmative asylum (obtaining asylum) and defensive asylum (defense against removal from U.S.) cases. Their services are salient to the region because not only is Alabama void of an immigration clinic, which often provide affordable legal services, but the political climate of the state often serves as a disadvantage to immigrants, speaking to the importance of their work. Also, due to predatory law practices in the Birmingham area, attorneys at John Charles Bell provide their immigration legal services on a low bono basis, meaning their assistance is accessible and affordable to potential clients.

Although these organizations do fascinating work to advance the rights of immigrants in the, every additional ally to the cause could be life-changing, whether it be through employment, housing, legal, or transportation assistance. Furthermore, our current political climate carries vestiges of anti-immigration efforts from the 20th Century when individuals and families, namely from the Jewish community, left their homes to escape conflict and faced persecution. As a result, more than 1,000 Central American refugees are at the U.S.-Mexico border in Tijuana, facing law enforcement with tear gas, pleading for a chance at a better life. Such a crisis speaks to our moral compass, not only as a country but global community, whose Universal Declaration of Human Rights, via the United Nations, demonstrates that everyone has the freedom of movement within each state (Article 13) and a right to a standard of living adequate for their health and well-being (Article 25).

If you’re interested in participating in the advancement of immigrant rights, both locally and globally, please mark your calendar for March 4, 2019 for the third installment of this series which will be held at Samford University and focus on a community action plan. Please stay tuned for more details.

Los Desaparecidos U.S. 2018

by Mary Johnson-Butterworth

a little girl crying — Sad Girl. Source: Brett Neilson, Creative Commons.

“Donde estas, mama’?”

Pleads Rosa,

Snatched from the breast

To live where leche curdles,

Where cells cradle and concrete cuddles

Those whose cries are not to be

Lulled by a lullaby.

Donde estan los ninos?

Where are these summer camps without play?

Structures rife with rancid water?

Walled away from los padres.

Walled away via Lumpkin, Georgia.

Walled away via Brownsville, Texas.

Fostered by gringos via Parts Unknown.

The Disappeared Ones US 2018.

Undercover of ICE,

Their lives are frozen.

“Where are you, Daddy,

As these children disappear?”

Ivanka asks.

Separate and unequal without hugs,

Only tears that could saturate a Huggie.

Abed, they tear at sheets of ICE,

Deplored by the ICEists who torment,

Todos to dos inhumane,

Badges of Dishonor,

Clubs no one’s body should join.

Give me your tired, your poor.

We’ll show them all what for.

Brown babes not left behind,

Now impossible to find.

Infants, adolescents, teens,

A toxic way to wean!

In our shame and our despair,

God bless the child

Neither here nor there.

Mary Johnson-Butterworth, age 69, has been a social justice activist most of her adult life. She has facilitated social justice workshops for middle and high school students throughout the Birmingham area and beyond with the YWCA of Central Alabama, the National Conference for Community and Justice, the National Coalition Building Institute, and YouthServe. Mary has also been on staff at a residential YWCA diversity camp, Anytown Alabama, for 22 years and has facilitated trainings for corporate entities, Leadership Birmingham, and Project Corporate Leadership. She has recently discovered the power of poetry to transform her own life and the lives of impacted listeners.

The Plight of China’s Migrant Workers

by Dianna Bai

a photo of a Chinese shoemaker — The shoemaker’s children always go barefoot. Having an issue with one of your shoes? No problem, the old cobbler on the sidewalk corner can help you. There are less and less street workers like that now in China, but is some places of cities, we can easily found plenty of them. They are mainly old people, who I guess has always been doing this, in this place, from winter to summer, even when it is raining. The price is still attractive for clients who prefer deal in the street rather than in shops… but for how long. This is China. Source: Gauthier DELECROIX, Creative Commons

China’s newfound economic prowess since the reform and opening has been shouldered by its massive population of migrant laborers. A significant surplus of unskilled workers and a lax regulatory environment has given Chinese factories, like those in many developing countries, a competitive edge over their counterparts in the Global North. In this troubling “race to the bottom,” a great number of Chinese factories overwork and underpay their rank-and-file employees, at times subjecting them to sordid and dangerous conditions. Although brands such as Nike, Walmart and Apple have been pressured by the international media and human rights organizations to take responsibility for labor rights within their supply chains, it is difficult to separate the profits of these corporations from their habitual exploitation of the weak human rights standards and ineffective enforcement of regulations in countries like China.

For most of China’s 131 million migrant workers, leaving the village and traveling to the city to find gainful employment is the greatest opportunity as well as the most harrowing journey of their lives. The freedom and ability to leave their rural hometown are points of pride for migrant workers, yet the enormous surplus of labor in the urban areas has led to fierce competition in the market, forcing them to accept low wages, no benefits, poor working conditions, strict work regimes, and little job security. In the documentary China Blue, we see employees of the blue jean factory worked for pennies an hour, less than the minimum wage, and are often forced to work overtime – even overnight – to meet shipping deadlines. Some are so exhausted by continuous hours of labor that they fall asleep at their workstations, risking reprimand by their supervisors. Factory workers often do not get paid on time and new workers lose their first month’s paycheck as a “deposit,” a sum of money they never receive if they choose to quit. Furthermore, migrant workers have no access to healthcare or education in the city as a result of the discriminatory hukou system that binds them legally to their rural hometowns. China has a comprehensive set of labor laws including minimum wage, but local and provincial officials rarely enforce them in order to attract foreign businesses and boost their regions’ economic growth. As a result, migrant workers are exploited on dual levels, by the factories that employ them and the state that fails to protect them.

Most migrant workers do not understand their legal rights; they have no organized way to defend them. Workers have some inkling of their rights when it is most obvious. However, they lack knowledge of the comprehensive but unenforced regulations protecting them. In China Blue, the workers at the blue jean factory held a haphazard strike after their pay had been delayed for three months. There have also been some success stories of migrant workers taking legal actions against their employers. Lawyers like Zhou Litai have made triumphant careers from helping injured workers litigate with their employers for rightful compensation. Yet a string of individual cases won by workers has not changed the basic conditions of factories. Because of an authoritarian government that fears the rise of civil society, the Chinese government has not allowed independent labor unions to form in China. In developed countries, these types of organizations undergirded the labor rights movement during the industrialization process. They educated workers, negotiated with factory owners on their behalf, and organized strikes when necessary. If Chinese workers are not empowered to speak up for themselves, then who has the luxury to speak for them?

One might argue that Western consumers have the luxury to speak up for these exploited workers by demanding corporations to “clean up” their supply chains. The anti-sweatshop movement has gained great momentum in the past two decades. Due to negative media attention and pressure from NGOs, many multinational corporations that source overseas have devoted significant resources and efforts to audit the factories in their supply chains, even establishing social compliance divisions solely dedicated to this goal. Brands such as Nike at first defended the conditions in its Indonesian factories, contending that their corporation has created thousands of jobs for people who lack better opportunities. Philip Knight, the founder of Nike, pointed out: “People argued that we were taking advantage of the poor Japanese workers 20 years ago. Now Japan makes no Nikes and imports $100 million of them.” Nevertheless, Nike soon followed cues from other corporations and drafted a code of conduct for its factories.

a portrait of a Chinese farmer — Happy Farmer. Farmer after working in the morning – getting ready to deliver vegetables to town for lunch. Jiashan, China Source: DaiLuo, Creative Commons.

The global movement for labor rights has brought international attention to the plight of workers in developing countries and put the issue on the table for multinational corporations. However, there is a serious inherent problem in letting corporations police themselves: a misalignment of incentives. The primary aims of private corporations are to make profits, satisfy customers, and reward shareholders. They accomplish these goals by constantly trying to improve cost efficiency, which is what attracts them to developing world factories. Apple, for example, produces its products in China because of the huge economies of scales that can be achieved there as opposed to the United States. The speed and flexibility of the Chinese manufacturing sector has drawn in companies like Apple, but it comes at the price of poorer labor conditions. Cost efficiency puts the corporations’ incentives in misalignment with social compliance divisions. Because social compliance divisions do not usually cooperate with buying departments, multinational corporations are essentially asking factories to improve the conditions for their workers while still demanding the same low prices. This disjunction has led to massive falsification of records by factory owners, undermining the integrity of the audit process. The audit profession itself is also plagued with human capital problems and instances of bribery. Corporations, in turn, have little incentive to investigate fraud so long as they can present a picture of compliance to concerned consumers. They can essentially pay lip service to the human rights movement by going along with the records presented to them. In the case of mass falsification, concerned consumers cannot even be certain that a brand which claims to buy from only factories with good labor conditions is, in fact, doing so.

Instead of simply paying attention to better audits of factories from corporations, consumers who are concerned about the labor conditions in China should also demand “responsible prices” at the manufacturing level. Currently, the prices that brands pay to factory owners in China are so low that they face the dilemma of improving labor conditions and losing business or falsifying records to comply with labor standards. Timberland, for example, will pay only $20 per shoe that it buys from a manufacturer, while selling it to the retailer for $50, which then sells it to consumers for $100. In the $80 of revenue gained after the product has been purchased from the manufacturer, there must be some room to offer the manufacturer a better price without passing on the cost to consumers. Consumer groups should scrutinize the profit structure of brands and retailers and buy goods that pay manufacturers better, so that manufacturers can pass on the generosity to their workers. This requires the buying department and the social compliance division to work together to establish an agreeable price for products that takes into account favorable labor conditions. This doesn’t necessarily have to come with a loss of profits for the brands and retailers. Favorable corporations will gain the loyalty and goodwill of a growing number of consumers who are concerned about emerging market labor conditions.

However, a consumer can only do so much on the demand side. Much of the work to be done on labor rights must come from the workers themselves. NGOs working in this field must continue educating workers on labor rights, encouraging them to organize, and advocating for the establishment of true, independent labor unions. China’s official labor union, the All-China Federation of Trade Unions (ACFTU), functions more as a peacekeeping organ between workers and management rather than a labor union truly representing the interests of workers. Although the ACFTU has considerable political clout at the national level and lobbies for labor protection laws, its chapters at various factories rarely make demands on behalf of workers. ACFTU union leaders are generally chosen by the factory management and remain beholden to the management. Chinese workers need unions with democratically elected leaders who will truly represent their interests rather than serving as a “bridge” between workers and the management. Without autonomous labor unions representing them, workers cannot bargain collectively for better wages, benefits, and working conditions. Their rights enshrined by Chinese law will go unheeded.

From one perspective, multinational corporations that choose to manufacture their products in China are giving thousands of Chinese workers opportunities they would never have had in the countryside. Although migrant workers often face laborious conditions in factories, they are earning far more than their rural counterparts and gaining more consumption power. As China becomes wealthier as a result of the economic growth driven by the export-oriented manufacturing sector, workers will naturally begin to demand more rights and better living standards. This process has taken place during the industrialization process in many former developing countries. In the meantime, however, multinational corporations are keen to exploit – for as long as they can – an inherently broken legal system and a profoundly undemocratic culture that has relegated millions of Chinese migrant workers to second-class citizenry. When China introduced in law in 2006 to give labor unions more concrete power, multinational corporations were the first to protest by implying they would move their factories elsewhere. Rather than relying on a social compliance scheme that often tolerates the falsification of records during audits, consumers should also urge corporations to offer responsible prices for manufacturers so that they can give workers better treatment without losing business. Most importantly, the Chinese and international human rights movement must continue their efforts to educate workers on labor rights and promote a political environment that will allow the formation of independent labor unions.

Dianna Bai is a Birmingham-based writer who currently writes for AL.com. Her writing has been featured on Forbes, TechCrunch, and Medium. You can find her portfolio here.

Show me your papers. Show me your humanity.

The Significance of Following Asylum Seekers’ Stories, from a Human Rights Student’s Perspective

Over the past year I have had the opportunity to be involved, peripherally, in cases of Mexican nationals seeking asylum in the United States. The first case that Dr. Chris Kyle involved his students in was a woman fleeing Mexico with her very young children after an extortion attempt and death threats. My involvement was to research in ethnographies, books, and other sources to provide the woman with a claim to a “particular social group.” The assignment was to prove that this woman was targeted for persecution on account on her membership in a “particular social group”. Because drug cartel activities and government corruption produce victims indiscriminately, demonstrating membership in a particular social group is arguably one of the most difficult aspects of asylum claims for Mexican applicants. The argument I made placed the applicant in a PSG of ‘women whose husbands are migrant workers’. She was recognizably vulnerable in her community without the protection of an adult male in the household, as well as vulnerable to extortion due to possible remittances from her husband. (The woman and her children were granted asylum and this case set a precedent for this particular social group to be recognized in future asylum cases.)

This semester I have shadowed Dr. Kyle when he is asked to be an expert witness for asylum applicants, testifying to the credibility of their claims due to violence in the state of Guerrero, Mexico. Much of what I have done this semester is to listen in to conversations between Dr. Kyle and immigration lawyers, research the obstacles that Mexican asylum seekers face, and explore the moral and legal arguments in human rights claims. It has been my experience while shadowing Dr. Kyle through a few asylum claims, that humanizing issues of asylum, immigration, and migration, is invaluable to understanding these issues in an academic setting. Having the opportunity to be involved even minimally in these asylum cases has been crucial to my perspective on human rights. For me, studying human rights isn’t about broadly philosophical, conceptual ideals. My experience with asylum cases over the past year has provided a more intimate understanding of human rights as the recognition of intrinsic human dignity and the use of law and institutions to affirm the value of human life.

When immigration lawyers ask for an expert witness to attest to a specific aspect of an asylum claim they send their client’s affidavit to the expert. Asylum seeker’s affidavits are essentially an outline of every trauma the claimant and their family have endured that could justify their need for asylum. In one particular case this semester the list of traumas I noted included the following: child sexual abuse, child molestation, rape, attempted gang rape, kidnapping, extortion, physical violence, death threats, torture, and PTSD. In this particular case the lawyer feels confident that the family will be granted asylum, but there are still uncertainties and possible complications in the legal argument on their behalf.

Reading each of these individual’s asylum claims has provoked me to question the ways in which we interpret and practice asylum law. Do we consider our moral responsibility to fellow humans often enough? Do we consider the ethical implications of political biases of immigration judges? Is the United States meeting its obligations under international law to accept and protect legitimate asylum seekers? My answer is consistently, no.

At one point during my research on international refugee laws and mobility rights, it became suddenly clear that who we ascribe human rights to is tied up in the symbolism of an object that societies have conjured as proof of humanness: documentation. In the United States, legal rights such as those provided through citizenship are paramount to our notion of humanity. Migrant workers are protected with certain rights… as long as they are documented as a migrant worker. Who is worthy of protection under the law? Who is worthy to work in order to shelter and feed their family? Being protected from harm and having the ability to provide for our families’ survival are human rights. Yet we ascribe value to a person based on the papers they carry, and devalue them based on the papers they don’t carry.

In the US, we use “undocumented” and “illegal” synonymously. Being “undocumented” is a crime worthy of prison detention and deportation to certain harm or death. Without “proper documentation”, people may be denied their rights, arbitrarily detained, and unprotected from abuse. Are we living in an era of human history where compassion is contingent on papers? Documentation is important for security matters, but it shouldn’t be the scale for whose life is valuable.

Kara is a graduate student in the UAB Anthropology of Peace and Human Rights program. In the coming weeks, Dr. Kyle and Kara will host a lecture to discuss their work.