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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)
Research Question Tentative Hypothesis Methodology
Variables, Variables, Variables Research Plan Literature Review/Proposed Sources
Significance Project Roadblocks Discussion/Bibliography
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
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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
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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?
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)
Research Question Tentative Hypothesis Methodology
Variables, Variables, Variables Research Plan Literature Review/Proposed Sources
Significance Project Roadblocks Discussion/Bibliography
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?
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)
Research Question Tentative Hypothesis Methodology
Variables, Variables, Variables Research Plan Literature Review/Proposed Sources
Significance Project Roadblocks Discussion/Bibliography
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
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)
Research Question Tentative Hypothesis Methodology
Variables, Variables, Variables Research Plan Literature Review/Proposed Sources
Significance Project Roadblocks Discussion/Bibliography
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)
Methodology:Variables, Variables, VariablesMethodology:Variables, Variables, Variables
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
Methodology:Variables, Variables, VariablesMethodology:Variables, Variables, Variables
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
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Methodology:Literature Review/Proposed SourcesMethodology:Literature Review/Proposed Sources
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
Methodology:Literature Review/Proposed SourcesMethodology:Literature Review/Proposed Sources
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
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Methodology:Literature Review/Proposed SourcesMethodology:Literature Review/Proposed Sources
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
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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)
Research Question Tentative Hypothesis Methodology
Variables, Variables, Variables Research Plan Literature Review/Proposed Sources
Significance Project Roadblocks Discussion/Bibliography
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
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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)
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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)
Research Question Tentative Hypothesis Methodology
Variables, Variables, Variables Research Plan Literature Review/Proposed Sources
Significance Project Roadblocks Discussion/Bibliography
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…
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Discussion, Bibliography, RefWorksDiscussion, Bibliography, RefWorkshttp://resources.library.ubc.ca/901/
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http://resources.library.ubc.ca/901/
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