explaining trends in canada’s temporary migrant work programs poli 492 thesis proposal october 6,...

Explaining Trends in Explaining Trends in Canada’s Temporary Canada’s Temporary

Migrant Work Migrant Work ProgramsPrograms

Poli 492 Thesis Poli 492 Thesis ProposalProposal

October 6, 2010October 6, 2010

Justin ShoemakerJustin Shoemaker

Outline:Outline: Introduction

Temporary Migration Seasonal Agricultural Workers Program (SAWP) Live-In Caregivers Program (LICP)

Research Question Tentative Hypothesis Methodology

Variables, Variables, Variables Research Plan Literature Review/Proposed Sources

Significance Project Roadblocks Discussion/Bibliography

Introduction Temporary Migration Seasonal Agricultural Workers Program (SAWP) Live-In Caregivers Program (LICP)




Introduction:Temporary Migration IIntroduction:Temporary Migration I

“The guest-workers systems of Western Europe are dead … [t]he guest-workers are no longer with us; either they have gone or they have been transmogrified into settlers” --Stephen Castles, 1986 International Migration Review, Vol. 20, No. 4, Special Issue: Temporary Worker Programs: Mechanisms, Conditions, Consequences, p. 775.

Introduction:Temporary Migration IIIntroduction:Temporary Migration IIWhat determines the ‘incorporation’ of a guest-worker

into a host country?

Functional Explanations: Guest workers as a reflection of economic needs, guest-workers as ‘shock-absorbers’

Interest Explanations: Temporariness is a function of national interest in restricting full migration

Yasemin Nuhoğlu Soysal: Post-national notions of citizenship have amplified the strength of ‘temporary migrant self-organization’ in forcing ‘incorporation’: International agencies, origin-governments, and increasing rapport with host-society groups are identified as mechanisms by which governments are pressured into ‘incorporating’ otherwise transient workers

What determines the ‘incorporation’ of a guest-worker into a host country?

Functional Explanations: Guest workers as a reflection of economic needs, guest-workers as ‘shock-absorbers’

Interest Explanations: Temporariness is a function of national interest in restricting full migration

Yasemin Nuhoğlu Soysal: Post-national notions of citizenship have amplified the strength of ‘temporary migrant self-organization’ in forcing ‘incorporation’: International agencies, origin-governments, and increasing rapport with host-society groups are identified as mechanisms by which governments are pressured into ‘incorporating’ otherwise transient workers

Introduction:Seasonal Agricultural Workers ProgramIntroduction:Seasonal Agricultural Workers Program

Pilot began in 1966 with Jamaica sending 264 men

Through bilateral agreements, the Program expanded to include Barbados, Mexico, Trinidad and Tobago, and the nations of the Organization of Eastern Caribbean States

Pilot began in 1966 with Jamaica sending 264 men

Through bilateral agreements, the Program expanded to include Barbados, Mexico, Trinidad and Tobago, and the nations of the Organization of Eastern Caribbean States

QuickTime™ and a decompressor

are needed to see this picture.

SAWP is federally managed by HRSDC but individual provinces control labour standards (ESAs) and admission into provincially-run social security schemes

Potential Employers must perform a positive labour market test before applying to hire SAWs

SAWs sign contracts dictating conditions of stay and obligations to employers Program limits stay to 8 months with only a 1.5% incidence of overstay (World

Bank)

SAWP is federally managed by HRSDC but individual provinces control labour standards (ESAs) and admission into provincially-run social security schemes

Potential Employers must perform a positive labour market test before applying to hire SAWs

SAWs sign contracts dictating conditions of stay and obligations to employers Program limits stay to 8 months with only a 1.5% incidence of overstay (World

Bank)

http://www.ufcw.ca/

Introduction:Seasonal Agricultural Workers ProgramIntroduction:Seasonal Agricultural Workers Program

Issues Addressed by Legislative Policy Reform In Ontario (destination of 90% of SAWs) until 1996 SAWs excluded

from Occupational Health and Safety Act Employment Standards Legislation in all but Manitoba exclude SAWs

Issues Raised Through Judicial Review Unionization (Ontario has launched a challenge to the 2007 decision) Collective Bargaining (2007) Domestic Unions’ Representation of SAWs in hearings (2006)

Federal Responses? 2002 Low-Skilled Temporary Foreign Worker Program

Issues Addressed by Legislative Policy Reform In Ontario (destination of 90% of SAWs) until 1996 SAWs excluded

from Occupational Health and Safety Act Employment Standards Legislation in all but Manitoba exclude SAWs

Issues Raised Through Judicial Review Unionization (Ontario has launched a challenge to the 2007 decision) Collective Bargaining (2007) Domestic Unions’ Representation of SAWs in hearings (2006)

Federal Responses? 2002 Low-Skilled Temporary Foreign Worker Program

Introduction:Live-In Caregivers ProgramIntroduction:Live-In Caregivers Program

Until 1955, there was a complete exclusion of ‘coloured’ MDWs Women from the British West Indies had to perform a work quota to earn the

landed status automatically afforded to their European counterparts In 2003, 3,304 MDWs were admitted, that number has grown steadily to 10,511

in 2008 80% of Program entrants are from the Philippines

Until 1955, there was a complete exclusion of ‘coloured’ MDWs Women from the British West Indies had to perform a work quota to earn the

landed status automatically afforded to their European counterparts In 2003, 3,304 MDWs were admitted, that number has grown steadily to 10,511

in 2008 80% of Program entrants are from the Philippines



1992 reform of of the ‘Foreign Domestic Movement’ (FDM) Program

FDM granted landed-immigrant status upon entry to Canada but was targeted at attracting British and Western Europeans MDWs

1992 reform of of the ‘Foreign Domestic Movement’ (FDM) Program

FDM granted landed-immigrant status upon entry to Canada but was targeted at attracting British and Western Europeans MDWs http://www2.macleans.ca/2010/01/14/granny-nannies/

Introduction:Live-In Caregivers ProgramIntroduction:Live-In Caregivers Program Temporary admission to Canada bound to 4 year period (increased from 3 years in

December 2009) Upon successful completion of 3900 hours of domestic work (approx. 24 months) in that

period, LICs may apply for permanent residency Current wait times for resolution of that application often force LICs out of the country

despite successful completion of program Domestic Work must be INDENTURED Mandatory health checks exist as a relic of a 1955 policy screening Caribbean women

for venereal diseases Successful legislative policy reforms have resulted in:

Permanent Residency after only 2 years of live-in service Employment Insurance and Canada Pension Plan Inclusion Capability to ‘switch’ employers Inclusion in the Employment Standards Acts of participating Provinces (min, wage, working

hour guidelines) Federal Funding for support groups such as INTERCEDE

2009 overhaul of program?

Temporary admission to Canada bound to 4 year period (increased from 3 years in December 2009)

Upon successful completion of 3900 hours of domestic work (approx. 24 months) in that period, LICs may apply for permanent residency

Current wait times for resolution of that application often force LICs out of the country despite successful completion of program

Domestic Work must be INDENTURED Mandatory health checks exist as a relic of a 1955 policy screening Caribbean women

for venereal diseases Successful legislative policy reforms have resulted in:

Permanent Residency after only 2 years of live-in service Employment Insurance and Canada Pension Plan Inclusion Capability to ‘switch’ employers Inclusion in the Employment Standards Acts of participating Provinces (min, wage, working

hour guidelines) Federal Funding for support groups such as INTERCEDE

2009 overhaul of program?

Incorporation: “[P]rocess whereby a guestworker population becomes part of the polity of the host country.” (Soysal, 30)

independent of ‘adjustment’ (adapting to life patterns of host society) incorporation describes becoming members of the legal and organizational

structures

Incorporation: “[P]rocess whereby a guestworker population becomes part of the polity of the host country.” (Soysal, 30)

independent of ‘adjustment’ (adapting to life patterns of host society) incorporation describes becoming members of the legal and organizational

structures

Given:Given:States are attempting to exert increasingly restrictive immigration States are attempting to exert increasingly restrictive immigration controls on low-skilled foreign workers.controls on low-skilled foreign workers.

Then:Then:Why have organized interests advocating for incorporative policy Why have organized interests advocating for incorporative policy reforms to the LICP achieved a greater margin of success reforms to the LICP achieved a greater margin of success compared to equally organized interests advocating for similar compared to equally organized interests advocating for similar reforms pertaining to the Seasonal Agricultural Workers Program? reforms pertaining to the Seasonal Agricultural Workers Program? Can this phenomenon be explained by conventional theories of Can this phenomenon be explained by conventional theories of guest-worker interest representation?guest-worker interest representation?

Tentative Hypothesis 1:Tentative Hypothesis 1:

While the disproportionate success of live-in caregiver advocacy may appear to be inexplicable through Soysal’s theory of guest-worker interest organization, I hypothesize that by shifting the focus of the theory away from legislative policy and towards contested acts of bureaucratic discretion, the ‘incorporative’ successes of both SAWs and LICs will be better reflective of their respective levels of resource mobilization.

While the disproportionate success of live-in caregiver advocacy may appear to be inexplicable through Soysal’s theory of guest-worker interest organization, I hypothesize that by shifting the focus of the theory away from legislative policy and towards contested acts of bureaucratic discretion, the ‘incorporative’ successes of both SAWs and LICs will be better reflective of their respective levels of resource mobilization.

Hypothesis Rationale…:Hypothesis Rationale…: Firstly, as immigration scholars such as Audrey Macklin have

argued, immigration is “one of the least controllable aspects of government activity … fraught with bureaucratic discretion”.

Shifts in policy are not necessarily met with substantive changes—to grant rights is not always synonymous with the capability to exercise them.

Secondly, preliminary research indicates many of the legislative policy reforms ‘won’ by live-in caregivers in recent years are too highly entangled in the political motivations of a government seeking an alternative to national childcare

Shifts in policy may be indicative of partisan politics rather than the bargaining influence of caregivers whose ‘core’ demands have not been met

Firstly, as immigration scholars such as Audrey Macklin have argued, immigration is “one of the least controllable aspects of government activity … fraught with bureaucratic discretion”.

Shifts in policy are not necessarily met with substantive changes—to grant rights is not always synonymous with the capability to exercise them.

Secondly, preliminary research indicates many of the legislative policy reforms ‘won’ by live-in caregivers in recent years are too highly entangled in the political motivations of a government seeking an alternative to national childcare

Shifts in policy may be indicative of partisan politics rather than the bargaining influence of caregivers whose ‘core’ demands have not been met

Methodology:Variables, Variables, VariablesMethodology:Variables, Variables, Variables

Level of Resource Mobilization Independent Variable Theoretically underpinned by Soysal (1994) and Miller (1981) Must operationalize Miller’s five sources of foreign worker

political influence to test their significance:1. Continued migrant involvement in political affairs of host societies2. Extraparliamentary opposition (symbolic or emotional lobbying often through

press-covered actions)3. Ties to existing industrial democracy structures (direct participation in host

society trade unions etc.)4. Direct/Indirect ties to ‘indigenous organizations’ (left-leaning political parties,

civil rights groups, and religiously affiliated organizations)5. Institutionalized Consultations (gov’t advisory groups/councils)

Level of Resource Mobilization Independent Variable Theoretically underpinned by Soysal (1994) and Miller (1981) Must operationalize Miller’s five sources of foreign worker

political influence to test their significance:1. Continued migrant involvement in political affairs of host societies2. Extraparliamentary opposition (symbolic or emotional lobbying often through

press-covered actions)3. Ties to existing industrial democracy structures (direct participation in host

society trade unions etc.)4. Direct/Indirect ties to ‘indigenous organizations’ (left-leaning political parties,

civil rights groups, and religiously affiliated organizations)5. Institutionalized Consultations (gov’t advisory groups/councils)


Incorporative SuccessDependent VariableIdentify cases in which government

bureaucratic action against LICs and SAWs has been contested and isolate the presence of Miller’s 5 sources of political influence

Determine if Miller’s theory has traction in explaining variance in success

Incorporative SuccessDependent VariableIdentify cases in which government

bureaucratic action against LICs and SAWs has been contested and isolate the presence of Miller’s 5 sources of political influence

Determine if Miller’s theory has traction in explaining variance in success


Uncontrolled Variables? WELFARE STATE DEMOGRAPHICS (caregiving bias?) ANTI-LOW SKILLED IMMIGRANT SENTIMENTS PERCEPTION OF PRIOR FAILURES ASSOCIATED WITH AGRICULTURAL

TEMPORARY WORK PROGRAMS DIFFERENCES IN ADMINISTRATIVE CAPACITY BETWEEN LICP & SAWP DIFFERENCE IN ORGANIZED SUPPORT FOR BUREAUCRACY?

Possible cross-linkages between groups (presence of too many shared resources would invalidate comparison)

Control Cases?Will it be necessary to go ‘comparative’? Variation in time and program

vs. variation in location…

Uncontrolled Variables? WELFARE STATE DEMOGRAPHICS (caregiving bias?) ANTI-LOW SKILLED IMMIGRANT SENTIMENTS PERCEPTION OF PRIOR FAILURES ASSOCIATED WITH AGRICULTURAL

TEMPORARY WORK PROGRAMS DIFFERENCES IN ADMINISTRATIVE CAPACITY BETWEEN LICP & SAWP DIFFERENCE IN ORGANIZED SUPPORT FOR BUREAUCRACY?

Possible cross-linkages between groups (presence of too many shared resources would invalidate comparison)

Control Cases?Will it be necessary to go ‘comparative’? Variation in time and program

vs. variation in location…

Methodology:Research PlanMethodology:Research Plan

Identify major migrant-worker organizations Identify major migrant-worker domestic allies Identify mobilized relationships with origin-nation

governments Identify International Organizations Investigate cases of bureaucratic conflict

(LexisNexis) Investigate actions under-taken by temporary workers

organizations during each contested case Statistical Analysis? (uh-oh…)

Identify major migrant-worker organizations Identify major migrant-worker domestic allies Identify mobilized relationships with origin-nation

governments Identify International Organizations Investigate cases of bureaucratic conflict

(LexisNexis) Investigate actions under-taken by temporary workers

organizations during each contested case Statistical Analysis? (uh-oh…)

Methodology:Literature Review/Proposed SourcesMethodology:Literature Review/Proposed Sources

Mark J. Miller, Emma Smith Morris Professor of Political Science and International Relations at the University of DelawareDuring the 1980s to mid-1990s

published on Foreign Worker Programs in Europe

Comparative Analyses that identified five foreign worker ‘avenues of expression’ in host societies

Mark J. Miller, Emma Smith Morris Professor of Political Science and International Relations at the University of DelawareDuring the 1980s to mid-1990s

published on Foreign Worker Programs in Europe

Comparative Analyses that identified five foreign worker ‘avenues of expression’ in host societies




Manolo Abella, Head of the International Migration Programme of the International Labour OrganizationComparative analyses of various guest-worker policies

ranging from low-skilled to high-skilled programsRational incentives for programs structures and

discussion of perceived successes/failures with individual nation set-ups

Manolo Abella, Head of the International Migration Programme of the International Labour OrganizationComparative analyses of various guest-worker policies

ranging from low-skilled to high-skilled programsRational incentives for programs structures and

discussion of perceived successes/failures with individual nation set-ups


Philip Martin, Professor at the University of California, Davis, and chairman of the UC Comparative Immigration and Integration Program.Provide examples of statistical

techniques used in identifying immigration policy factors

Negative relationship between the gross number of low-skilled migrant workers in a high-income host country and the rights that the host-country affords them

Philip Martin, Professor at the University of California, Davis, and chairman of the UC Comparative Immigration and Integration Program.Provide examples of statistical

techniques used in identifying immigration policy factors

Negative relationship between the gross number of low-skilled migrant workers in a high-income host country and the rights that the host-country affords them

QuickTime™ and a decompressorare needed to see this picture.


Live-In Caregivers INTERCEDE Philippine Women’s Center of BC/ON

Seasonal Workers AWA UFCW

International Pressure Groups (Some overlap) ILO UN Origin Governments

Live-In Caregivers INTERCEDE Philippine Women’s Center of BC/ON

Seasonal Workers AWA UFCW

International Pressure Groups (Some overlap) ILO UN Origin Governments



Significance:Significance:

Significant ‘gap’ in academic literature pertaining to temporary migrant workersFailure and re-introduction of European guest-

worker programs have been extensively covered

Little published in policy realm regarding the Canadian programs, which have existed in some capacity from 1955 and 1966…

Significant ‘gap’ in academic literature pertaining to temporary migrant workersFailure and re-introduction of European guest-

worker programs have been extensively covered

Little published in policy realm regarding the Canadian programs, which have existed in some capacity from 1955 and 1966…

Significance:Significance:

Study may prove useful in determining whether the LICP and SAWP correspond to the pattern of guest-worker assertiveness that Castles claims resulted in the ‘death’ of European Guestworkership

Study may prove useful in determining whether the LICP and SAWP correspond to the pattern of guest-worker assertiveness that Castles claims resulted in the ‘death’ of European Guestworkership



Importance of these programs is escalating Reliance on guest-

worker care-giving has TRIPLED in the past 7 years alone

Dependency ratio in Canada is becoming heavily unbalanced

Importance of these programs is escalating Reliance on guest-

worker care-giving has TRIPLED in the past 7 years alone

Dependency ratio in Canada is becoming heavily unbalanced

http://www.cihr-irsc.gc.ca/e/34013.html

Significance:Significance: Provides insight into our

capability to ‘justly’ run temporary work programs in a manner that does not exploit the program’s participantsFilsinger's Organic

Foods apple Orchard (Sept. 10)

Provides insight into our capability to ‘justly’ run temporary work programs in a manner that does not exploit the program’s participantsFilsinger's Organic

Foods apple Orchard (Sept. 10)


are needed to see this picture.QuickTime™ and a

decompressorare needed to see this picture.







Project Roadblocks:Project Roadblocks:

Disentangling caregiver oriented Legislative Action from the ‘mend it don’t end it discourse’

The ‘Dark Figure’ of abuse reporting…The ‘intimately oppressed’ vs.

‘economically marginalized’Valid Comparison?

Operationalizing variables…

Disentangling caregiver oriented Legislative Action from the ‘mend it don’t end it discourse’

The ‘Dark Figure’ of abuse reporting…The ‘intimately oppressed’ vs.

‘economically marginalized’Valid Comparison?

Operationalizing variables…



Discussion, Bibliography, RefWorksDiscussion, Bibliography, RefWorkshttp://resources.library.ubc.ca/901/

http://web.ebscohost.com.ezproxy.library.ubc.ca/ehost/detail?vid=1&hid=104&sid=bb9945a9-63a9-44e3-976e-0b85e498c9b1%40sessionmgr110&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=a9h&AN=12842734

http://resources.library.ubc.ca/901/

http://web.ebscohost.com.ezproxy.library.ubc.ca/ehost/detail?vid=1&hid=104&sid=bb9945a9-63a9-44e3-976e-0b85e498c9b1%40sessionmgr110&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#db=a9h&AN=12842734


http://web.ebscohost.com.ezproxy.library.ubc.ca/ehost/detail?vid=1&hid=104&sid=bb9945a9-63a9-44e3-976e-0b85e498c9b1%40sessionmgr110&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3D%3D#db=a9h&AN=12842734











explaining trends in canada’s temporary migrant work programs poli 492 thesis proposal october 6,...

Documents

guest workers

transient workers

guest worker

temporary worker programs

international migration

function of national

origin governments

functional explanations