The Presence of International Laws and Human Rights - Essay Example

Inequality in the Seasonal Agricultural Workers Programme (SAWP) in Relation to Employment and Citizenship Introduction To meet the increasing demandfor agricultural work force during peak season months, the Canadian government established the Seasonal Agricultural Workers Program (SAWP) that provides seasonal jobs through employment of foreign workers from other countries like Mexico. This is to fill in vacancies where Canadians or permanent residents are not available or refuse such jobs. The “seasonal agricultural workers” stay in the country for durations of between six weeks to eight months (Preibisch and Ecalada Grez, 296), and they are required to go back to their own country as soon as the contract expires and the seasonal work ends. The employment for immigrant seasonal agricultural workers is fast rising as the industry expands. However, there had been many complaints of abuses and practices of inequality in the treatment of the seasonal-hired workers even if the manual tasks in the farm for the farm growers were rejected by Canadians and residents themselves. This paper will discuss how SAWP and non-citizenship of workers lead to practices of inequality and abuse. Discussion The SAWP has good intensions: to fill in the need for more workers for economic growth, and provide employment for foreigners who need them. They were chosen for gender (mostly males), have commitment at home or dependents to make them want to return (temporary) and from needy countries without lands to till and poor (Preibisch and Ecalada Grez, 297). However, many of these seasonal workers report negative experiences of inequality from their employers and local co-workers. The documentary film El Contrato of Min Sook Lee showed the stark condition of Mexican contract workers in Canada under the SAWP. The film through the accounts of several workers narrates allegations of exploitation to the point of slavery for these short-termed workers. Accusations ran from seven-days a week of continued work, taxed salaries which were said to be provided to them in full at $7/hour of work time, cramped living quarters, farm factory kitchens without chairs for dining, forced work more than the specified hours in their contract (Preibisch and Ecalada Grez, 298) and even reduced salaries. The film also showed how the workers sought to have dialogue with their employers and consulate, and sought help whichever way they can. However, despite the promises, the abusive practices of the workers’ supervisors of yelling, physical attack, reduced compensations, health hazards and accidents, lack of medical assistance, among others, were sustained. Preibisch and Ecalada Grez (297) spoke of other abuses on workers that include segregation of workers, and preference for majority of males for manual and work requiring carrying of loads, while females for fruit handling and packaging. These practices were seen to be reinforced by their status as non-migrants and non-citizens who have no legal option to become migrants and citizens. The SAWP was an answer to the refusal of residents and Canadians to tackle agricultural work for reasons of low wages, unsafe and unacceptable working conditions, its seasonal character, and poorly regulated labor environment (Sharma, 248). The farm jobs given the SAWP workers have been described as 3D- dirty, dangerous and difficult (Villegas, 9 Lecture notes). Another unacceptable practice is the lack of safety among workers such as the absence of information of the dangers posed by pesticide exposures, farm machineries and equipment. Seasonal workers are not aware that these are threats to their health. Where there was harm done, medical attention was also delayed if provided at all. Since, these workers live in the farm, their employers provide housing. However, most of these housing units were substandard (Lee, film; Sharma, 249). These has been seen to be promoted in part by Bill C-11 introduced in March 2001 of which there is increased security in Canadian borders, provision of flexible employment terms for immigrants as non-citizens and temporary workers, and at the same time disregarding international human rights obligations, expansion of state power of detention over refugees and immigrants, removal of some appeals processes, strengthening interdiction and increasing provisions for inadmissibility (Sharma, 247). The temporary immigration status of workers was mandatory even when they were chosen to render agricultural and other jobs local citizens refused due to danger and low compensation (Preibisch and Ecalada Grez, 303). Sharma called their status “imagined community” (249) where inequality and denial of rights cannot be contested and exploitation precarious. After their seasonal work, the seasonal workers are required to return to their home countries and cannot access the benefits accorded by citizenship or residency. Sharma suggested that the migrant workers were stripped off “human, civil and other “rights” … available to Canadians,” (249). Despite of the inequalities mentioned above, the participants of Seasonal Agricultural Workers Program (SAWP) endure their current working conditions because of poverty in their country. They choose to ignore these negative treatments because this is their only source of living and it is such a rare opportunity especially for low-skilled people like them (Min Sook Lee, film). Another reason why these workers bear patiently the inequalities they are experiencing at work is that they need to pay the debt incurred when they applied for the work. Thus, while SAWP was sowed with good intentions, it promotes inequality and abuses for foreigner-workers. History of non-migrant workers entry to Canada can be traced through Canada’s Non-immigrant Employment Authorization Program or NIEAP introduced in 1973. They are made to “work in unfree employment relationships as a condition of entering, residing and working in Canada,” (Sharma, 250) although NIEAP is not the only means of working in Canada in such terms making NIEAP dismiss allegations of forced, rotational, unfree contract-labour requirement (Sharma, 250). They are required documentary reality (Sharma, 251) with a specific job, for a specified time and a specific employer (Citizenship and Immigration Canada, P 4). The worker is not allowed to change any of the stipulations of the work and work condition without permission from an immigrant officer or be deported and this has been termed by Ramirez as “revolving door exploitation” (17). Sharma suggested that additional legal constraint that upholds the unequal treatment for non-migrant workers include the issue of national security as emphasized in a statement of former Prime Minister Pierre Trudeau to the Royal Commission on National Security of which subversive activities, infiltration, and espionage should be carefully safeguarded by the state (257). This concern resonated on the limited provisions on employment, immigration and citizenship as deemed necessary by the Security Review Board (Sharma, 257). It is imperative that Canada’s government tread carefully on issues of international scale such as human rights violations and practices of inequality. Through public discourses and legal documentary requirements, certain provisions seem to appear “innocent” such as documentary reality. But in practice, there is little room for migrant workers to speak out their experiences of exploitation much less demand for equality of treatment. In addition, systemic problem has been pointed out by McDonald that regularization, a means for people to be legally assimilated into the Canadian citizenry, mitigates illegal migration (65), thus, providing impetus for the stricter handling of non-migrant workers, or even acceptance of inequitable practices. Conclusion The debate on inequality about genders, races, colors, workers, and employment has been ongoing for a long time now. Despite the presence of international laws and treatises that promote human rights and equality, social problems from domestic to international levels remain and the same can be said in Canada. Policy-makers, despite their exposed position to create better living and working condition for all especially those who pay taxes, cannot at one time provide an all-pleasing and all-encompassing policy to address economic priorities that at the same time promote human rights and equality for all. Certain provisions may be abused and becomes the norm sooner or later. The same can be said of programs and other efforts to address issues of national or local importance like non-migrant workers, their status on citizenship and even equality such as the SAWP. The SAWP program which allows Mexican and other nationalities to fill the agricultural and non-skilled work shortages in Canada in seasonal basis have positive impact to workers, participating countries, and employers despite the neglected protection of workers from inequalities, danger, exploitation, and their basic human rights. The non-immigrant and inability for the worker to apply for citizenship under SAWP, however, mitigates inequality and abuse for workers. However, from the view of majority of workers, abuses and exploitations from their employers as well as from their co-workers may be more acceptable than their local or previous conditions. These may be seen as collaboration between employers and the government systems but nevertheless, acceptable for the many workers. Works Cited Citizenship and Immigration Canada. “Application forms and guides.” Accessed June 2011 from http://www.cic.gc.ca/english/information/applications/index.asp. Website. Lee, Min Sook. El Contrato. National Film Board of Canada. Accessed June 2011 from http://www.onf-nfb.gc.ca/eng/collection/film/?id=51087. Film. McDonald, Jean. Migrant Illegality, Nation-Building, and the Politics of Regularization in Canada. Refuge 26 (2). 2007. Print. Preibisch, Kerry and Escalade, Evelyn. The Other Side of el Otro Lado: Mexican Migrant Women and Labor Flexibility in Canadian Agriculture. Signs, 35(2) 289-316. 2010. Print. Sharma, On Being Not Canadian: The Social organization of “Migrant Workers” in Canada, in Colonialism and Racism in Canada, Nelson Education, Edited by: Maria A. Wallis, Lina Sunseri and Grace-Edward Galabuzi. 2010. Print. Read More