Littérature scientifique sur le sujet « Protection, exploitation, immigrants »

This study draws on in-depth and longitudinal interviews with twenty-nine 1.5-generation Brazilian immigrants, all of whom can pass as white and experienced illegality in young adulthood. I argue that they benefit from what W.E.B. Du Bois calls “the public and psychological wages of whiteness”. That is, white and white-passing, undocumented 1.5-generation Brazilian men and women can largely navigate public space without being stopped, questioned, arrested, detained and/or deported. Additionally, they benefit psychologically—as they gain confidence due to perceived whiteness, even as their immigration status would render them vulnerable to exploitation in the labor market and deportation. These public and psychological wages of whiteness can facilitate social and material gains. I argue that there are three mechanisms by which they experience the wages of whiteness. First, whiteness brings assumed innocence. Second, white racial solidarity with other whites facilitates opportunities and protection. Third, some 1.5-generation Brazilians actively construct whiteness to accrue the public and psychological wages. These findings challenge the master status perspective of illegality and underscore the importance of an intersectional framework for understanding immigrants’ varied experiences with illegality, bringing to light the quotidian, gendered practices and identities that sustain the structures of white supremacy.

The United Nations, being aware of the exploitation of migrant workers particularly illegal immigrants, has adapted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990. Human rights are grouped in two categories: rights available for all migrant workers including the non-documented (Part III) and rights only for documented workers (Part IV). Many of the rights in Part III are a reaffirmation of existing human rights in other international instruments in the specific context of migrant workers. The ingenuity of the Convention lies in the innovation of a large number of hitherto unknown rights like the right to recourse to consular or diplomatic protection, or the right to transfer funds, the right to information regarding working conditions, the right to equality with nationals in educational, social, and health services, as well as the right to exemptions from import and export duties. This paper examines the scope of some of the important human rights in the Convention. It also evaluates the efficacy of the Convention in safeguarding the migrant workers during armed conflicts such as the 1990 invasion of Kuwait by Iraq.

AbstractAlthough the great majority of Siberians are themselves ‘immigrants’ from central Russia and other Slav regions, the post-Soviet period has seen the re-emergence of previously latent anti- immigrant attitudes even among contemporary Siberians. The article examines the case of Irkutsk and explains why it is that hostility is now directed against the Caucasian nationalities and against the Chinese. One factor is the historical dislike of ‘trading minorities’ by peoples with an egalitarian, labour-oriented ethos; another is the way the new immigrants play into local stereotypes of the ‘stranger’; a third is the exploitation of rising nationalism by local politicians in their electoral strategies. The article concludes that self-protective strategies, especially by the Chinese, often prevent integration. Anti-immigrant attitudes are likely to remain, even

Immigration has been historically and contemporarily racialized in the United States. Although each immigrant group has unique histories, current patterns, and specific experiences, racialized immigrant groups such as Latino, Asian, and Arab immigrants all experience health inequities that are not solely due to nativity or years of residence but also influenced by conditional citizenship and subjective sense of belonging or othering. Critical race theory and intersectionality provide a critical lens to consider how structural racism might uniquely impact the health of racialized immigrants, and to understand and intervene on the interlocking systems that shape these shared experiences and health consequences. We build on and synthesize the work of prior scholars to advance how society codifies structural disadvantages for racialized immigrants into governmental and institutional policies and how that affects health via three key pathways that emerged from our review of the literature: (1) formal racialization via immigration policy and citizenship status that curtails access to material and health resources and political and civic participation; (2) informal racialization via disproportionate immigration enforcement and criminalization including ongoing threats of detention and deportation; and (3) intersections with economic exploitation and disinvestment such as labor exploitation and neighborhood disinvestment. We hope this serves as a call to action to change the dominant narratives around immigrant health, provides conceptual and methodological recommendations to advance research, and illuminates the essential role of the public health sector to advocate for changes in other sectors including immigration policy, political rights, law enforcement, labor protections, and neighborhood investment, among others.

The purpose of this study is to describe and analyze exploitative transnational crimes that are carried out directly or indirectly, with the aim of making profit for themselves and others. People smuggling is inseparable from illegal immigrants. This research method is normative-empirical qualitative in the Live Case Study group. The data collection technique used is by compiling questions and answers about Transnational Organized Crimes and compiling related literature that is still related to the titles and themes discussed in the study. The analysis of the data in this study is formed in the presentation of data (data display), data reduction (data reduction), and by drawing a conclusion. The results showed that the Directorate General of Immigration held a national coordination meeting with other government agencies such as the National Police, the Ministry of Religion, the Ministry of Manpower, and the National Agency for the Placement and Protection of Indonesian Migrant Workers (BNP2MI). OA surveillance is also carried out by the Directorate General of Immigration (Directorate General of Immigration) in collaboration with the National Police Security Intelligence Agency (Baintelkam). The formalization of this cooperation has been carried out in the form of a Cooperation Agreement. The conclusion in this study is prevention efforts, Immigration PPNS can make efforts to prevent the occurrence of people smuggling and trafficking in persons with Police Investigators, Ministry of Manpower Employment PPNS, BP2MI, Regional Governments based on Articles 56, 57, 58, 59 of Law no. 21 of 2007 concerning the Eradication of TP of Trafficking in Persons and Article 111 of Law no. 6 of 2011 concerning Immigration.

Human trafficking is gaining attention internationally as a serious human rights violation. Today, almost every nation of the world is affected by human trafficking activities. Cases that are involving women and children trafficking are among the primary concern in Malaysia today. Besides, trafficking in women and children is a violation of human rights, mostly in the forms of sexual exploitation and forced labor. It threatens the security and the socio-economic condition of Malaysia. Human trafficking is commonly occurring within the perimeter of cross borders, it influences high numbers of women and children being trafficked due to poverty or internal unrest. Majority of them are originated from the neighborhood ASEAN member states and Malaysia is seen as a transit country. This paper deliberates on issue of human trafficking in Malaysia. It examines state and international policies towards combatting human trafficking issue in order to seek an adjustable solution. Likewise, it is also regarding the human rights matter due to violations faced by the vulnerable women and children. Finally, it examines the challenges that law enforcements are confronting in combatting human trafficking in Malaysia. The study adopts descriptive qualitative research method through the use of secondary resources. It was found that Malaysia has issues in standardizing clear proceeding to determine the perpetrators of Human trafficked victims. It was proposed that enforcement agents need to be diligently experienced in handling arrest of exploiters of immigrants. Furthermore, it was equally found that Malaysia lacks adequate implementation in the process of protecting the rights of the trafficked victims. The paper proposed some input on adequate strategies for handling human trafficking in Malaysia.

This article draws on narrative interviews with irregular Chinese migrant workers (ICMWs) in the United Kingdom (UK) to show how the UK's immigration policies foster forms of illegal working and labour exploitation that they are supposed to combat. It argues that the binary conceptualisation of ‘forced labour’ as the polar opposite of ‘free labour’ leaves those migrants working without a right to do so at the risk of both criminalisation and exploitation. The article shows how the fear of criminalisation, together with the pressure to become economically successful in the West, among ICMWs diminishes their capacity to leave exploitative work, reinforcing the unequal power relations between them and their employers, landlords, advisers, and translators. Many ICMWs who are officially cast as ‘illegal immigrants’ need protection, not from ‘snakeheads’ and ‘traffickers’, but the exploitative and precarious work UK government policies render them economically reliant upon.

Ethiopian immigrants in South Africa are increasingly occupying informal trading space in townships, rural areas and in select central business districts across the country. This article documents the experiences of Ethiopian migrants in the informal sector in South Africa. Theoretically, the article rests on the concept of everyday life. It draws on data from interviews, focus group discussions and observations carried out between October 2020 and September 2021. This signals a period in which everyone was challenged by COVID-19, especially migrants, which compounded the hierarchies of marginality in which Ethiopian migrants in South Africa are situated. Coupled with this, Ethiopian migrants face two broad levels of marginality: firstly, marginality from state policies and the communities in which they reside and work; and secondly, marginality from gendered and class-based inequalities within the Ethiopian community. The structural and hegemonic barriers range from lack of documentation to regularize residency status and business respectively, extortion by gangs in the name of “protection fee,” exploitation by local level state/community structures and women restricted to female roles. By the same token, we see the creativity and ingenuity of this community, that focuses on their personhood, to make sense of their lives and create conditions to live meaningful lives. This article explores some of the core contestations emerging out of these twin marginalities the ways in which Ethiopian migrants structure their lives and livelihoods in South Africa.

Drawing on ethnographic fieldwork conducted in rural Manitoba and the Philippines, this paper uses the example of the small town of Douglas, which since 2009 has been home to a small Filipino community, as a tenuous counter-point to the accounts of exclusion that dominate the scholarship on Temporary Foreign Labour in Canada. This paper draws on ethnographic research conducted in Manitoba with the region’s newest immigrants—those recruited to ensure the viability of the new, diversified rural regional economy, and more specifically, the tourism and hospitality sector, established in the 1970s. In 2009, unable to meet its labour needs regionally, a local hotel began recruiting temporary foreign labour. By 2014, the Hotel had recruited 71 workers from the Philippines, most of whom arrived through Canada’s Temporary Foreign Worker Program; others having arrived through the province’s immigration scheme, the Manitoba Provincial Nominee Program (MPNP). A reflection of the ubiquity of globalized Filipino migration, the well-being of these workers had long been informed by economic development in the Philippines and the centrality of international labour mobility to that state project. What emerges from the data is a simultaneous acceptance and contestation of the conditions of transnational family life, and moreover—reflecting the focus of this special issue—the extent to which migrant well-being shifts in accordance to labour mobility regimes responsive to development. Migrant workers and their families are implicated in these connected, yet differently motivated, state projects. And while particular narratives concerning their contributions come to be valorized and even celebrated, their mental, physical, affective, and relational well-being is often over-looked by those who benefit from their labour and mobility. Of equal importance is the provincial state’s participation in this process through the provision of permanent residency to existing and in-coming migrants. While this benefits individual families, it does not inherently challenge the logics of neoliberalism; rather, drawing on its nuances, it create new possibilities for capital accumulation and exploitation, while offering some protection for select families who are willing and able to abide by the terms established by their employer and the Manitoba state.

AbstractAlthough human activity constantly generates massive amounts of data, these data can only be analysed by mainly the private sector and governmental institutes due to data accessibility restrictions. However, neither migrants (as the producers of this data) nor migration scholars (as scientific experts on the topic) are in a position to monitor or control how governments and corporations use such data. Big Data analytics and Artificial Intelligence (AI) technologies are promoted as cutting-edge solutions to ongoing and emerging social, economic and governance challenges. Meanwhile, states increasingly rely on digital and frontier technologies to manage borders and control migratory movements, and the defence industry and military–intelligence sectors provide high-tech tools to support these efforts. Worryingly, during the design and testing of algorithmic tools, migrants are often portrayed as a security threat instead of human beings with fundamental rights and liberties. Thus, privacy, data protection, and confidentiality issues continue to pose risks and challenges to migrant communities and raise important questions for the public and decision-makers alike. This comment seeks to shed light on the lack of effective regulation of AI and Big Data as they are applied in migration ‘management’. Additionally, from the perspective of privacy issues and immigrant rights (seeking asylum as a human right, it aims at advocating improved access to Big Data for scientific research which might act as a social control function for the smart border and existing/ongoing migration governance practices of countries. We argue that the use of Big Data and AI for migration governance requires much better collaboration between migrants (including the civil society and grassroots organisations solidarity that represent them), data scientists, migration scholars and policymakers if the potential of these technologies is to be reached in a way that is reasonable and ethical. Numerous critical privacy questions arise are regarding the legal requirements, confidentiality, and rules of engagement as well as the ethical concerns of (mis)use of new technologies. When the secretive nature of the ongoing exploitation of migrant data by states and corporations is considered raising such questions is essential for progress.

This document deals, with a view to punitive law regarding the enterprise also, the complex issue concerning the severe forms of exploitation of foreign workers, victims of the modern human trafficking. The study has been prompted by the awareness that this issue is today a huge challenge and even more it will be in the future, because the set of different global circumstances is prospecting now a well-suited environment for the proliferation of such phenomena. The problem is serious and relevant, considering that the fundamental rights of millions of human beings, particularly vulnerable and disadvantaged, are at stake: the protection of the last ones, a fundamental duty, political and moral. The main intention was therefore to provide, from an integrated perspective of system, a complete view of the legal instruments of protection, preventive, deterrent and punitive, conceived by the national legislature in the course of time in accordance also to signals received from the international environment. The work that preceded and accompanied the drawing up the present study was aimed, primarily, at finding a complete definition of the concept of serious labor exploitation, in a contemporary perspective, in order to subsequently give the critical reconnaissance of the criminal offences identified in the framework of a general system of protection and prevention. The treatment is developed along the lines provided by the United Nations under the Convention against Transnational Organized Crime, signed in Palermo in the year 2000. In particular, the division of the chapters reflects the defining bipartition of the concept of human trafficking enshrined in the two Additional Protocols to the Convention, and merged in expressions such as smuggling of migrants and traffiking of human beings In the context of the national legal system, membership of such phenomenological categories has been identified: on the one hand, for what concerns the smuggling of migrants, in the rules provided for the repression of the aiding of illegal immigration and the employment of irregular foreigners; on the other, about the human trafficking, in that concerning slavery, servitude and trade. A separate chapter is then devoted to an analysis of the criminalization of the phenomenon of illicit brokering and labor exploitation, better known as “caporalato” (can be translated as “the gangmaster system”), as a phenomenal category traverse to previous. The result of the research was therefore to highlight, also in a perspective de jure condendo, the merits and defects of a system of protection which appears to be essential and fundamental, also considered the current historical phase.