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Oraanizinfj Strategies QS.OBftl, LEADCRSIilF THE FAMILY VIOLENCE PREVENTION FUND (FUND), founded in 1980, is a national, education, training, and policy organization dedicated to ending domestic violence. Since its inception, the FUND has been a leader in the development of innovative responses to domestic violence, developing pioneering prevention strategies and programs in the fields of public education, health care, justice, and child welfare. The FUND'S mission is to create a society in which domestic violence is not accepted, tolerated or excused, by edu- cating the public, initiating prevention strategies that emphasize community-based solutions, advocating for institutional changes to respond to domestic violence, creating public policy on domestic violence, and providing direct advocate services to victims, particularly those from marginalized groups. The FUND has established its Battered Immigrant Women's Rights Project to strengthen the legal, civil and human rights of immigrant women experiencing abuse in their homes.

FAMILY VIOLENCE PREVENTION FUND 383 Rhode Island Street, Suite 304 , San Francisco, California 94103-5133, USA Phone:(415)252-8900 fax:(415)252-8991 e-mail: [email protected] Our website address is: http://www.fvpf.org/

THE CENTER FOR WOMEN'S GLOBAL LEADERSHIP at Douglass College seeks to develop an understanding of the ways in which gender affects the exercise of power and the conduct of public policy internationally. The Center's goals are to build international linkages among women in local leadership that enhance their effectiveness, expand their global consciousness and develop coordinated strategies for action; to promote visibility of women and feminist perspectives in public deliberation and policy- making globally; and to increase participation of women in national and international governing bodies and processes. The Center's activities are based on seeing women's leadership and transformative visions as crucial in every policy area from democratization and human rights, to global security and economic restructuring. Further, such global issues are interconnected and have both local and international dimensions. The creation of effective policy alternatives demands the full inclusion of gender perspectives and women in all decision-making processes and requires an understanding of how gender relates to race, class, ethnicity, sexual orientation and culture.

CENTER FOR WOMEN'S GLOBAL LEADERSHIP 27 Clifton Avenue , Douglass College, Rutgers University New Brunswick, New lersey 08903, USA Phone:(732)932-8782 fax (732) 932-1180 e-mail: [email protected]

The contents of this publication may be adapted and reprinted with permission of the Family Violence Prevention Fund. Any adaptation or reprinting must be accompanied by the following acknowledgement:

"This material was adapted from the publication entitled Migrant Women's Human Rights in G-7 Countries, produced by the Family Violence Prevention Fund and the Center for Women's Global Leadership. Edited by Mallika Dutt, Leni Marin and Helen Zia."

DESIGN & LAYOUT: ZESTOP PUBLISHING MIGRANT WOMEN'S HUMAN RIGHTS IN G-7 COUNTRIES ORGANIZING STRATEGIES

EDITED BY: Mallika Dutt Leni Marin Helen Zia

FAMILY VIOLENCE PREVENTION FUND AND CENTER FOR WOMEN'S GLOBAL LEADERSHIP

This publication was made possible through a grant from the Shaler Adams Foundation, Ms. Foundation for Women, and Caea Foundation. TABLE OF CONTENTS

About the Editors v

About the Contributors vi

Acknowledgments viii

Introduction ix

Overview: Migrant Women and the Global Economy by Mallika Dutt 1

Canada: Taking Leadership of the Mainstream Women's Movement by Felicita Villasin 5

Italy: Organizing and Strategies by Charito Basa 10

Italy: National Domestic Work Contract by Pilar Saravia 13

Japan: Violence against Migrant Women by Masumi Azu 15

United Kingdom: Creating an Autonomous Migrant Women's Movement byHannanaSiddiqui 23

United Kingdom: Organizing Filipino Migrant Domestic Workers by Margaret Healey and Maria Gonzales 30

United Kingdom: Building a New House by Bisi Adeleye-Fayemi 36

United States: Legislative Strategies to Ensure the Rights of

Battered Immigrant Women by Leni Marin 44

United States: Organizing Immigrant Women Workers by Miriam Ching Louie 50

Global Trafficking in Women—Some Issues and Strategies by Lin Lap-Chew 58

Appendix: Network Building: A Preliminary List of Migrant Women's Contacts 66 ABOUT THE EDITORS

MALLIKA DUTT is currently the Rights and Social (ustice Program Officer at the India office of the Ford Foundation. Previously she was the associate director of the Center for Women's Global Leadership, an international advocacy organization for women. As part of her work at the Global Center, Mallika authored With Liberty and Justice for All. Women's Human Rights in the United States and collaborated on Local Action, Global Change-. Learning about the Human Rights of Women and Girls. She has served as the director of the Norman Foundation, where she managed grant-making in the areas of civil rights, economic justice and environmental justice. She has extensive experience in public- interest law, particularly in the areas of reproductive rights, asylum and matrimonial law. Mallika is a founding member of Sakhi for South Asian Women, an organization that works with battered women and domestic workers of South Asian origin. She currently serves on the boards of Sister Fund and Asian American and Pacific Islanders in Philanthropy.

LENI MARIN is a Program Manager at the Family Violence Prevention Fund (FUND), a national organization based in San Francisco, California. She has been an advocate on behalf of battered women for over ten years. As director of the FUND'S Battered Immigrant Women's Rights Project, she plays a leadership role in developing effective public policy, such as the Violence Against Women Act and its provision for the protection of battered immigrant women and their children. She also coordinates a community-based education and mobilization project against domestic violence for the Filipino community in San Francisco. She has been a human rights activist within the Filipino community and maintains an ongoing relationship with the domestic violence and women's rights movements in the Philippines. She was an active participant and organizer of workshops promoting migrant women's rights at the 1995 Fourth World Conference on Women in China and the 1993 United Nations World Conference on Human Rights in Austria. She provides technical assistance and training to domestic violence shelter workers, practitioners, legal rights advocates, women's rights activists, community organizers and social service providers to improve response to the complex needs of battered immigrant women.

HELEN ZIA is a Contributing Editor to Ms. Magazine, where she was formerly Executive Editor. An award-winning investigative reporter and editor, her writing has appeared in numerous publications and anthologies, and she was editor/consultant for two books on Asian Americans. She is the editor and contributor to Unity '99: Report from Beijing-. The 1995 UN Fourth World Conference on Women and NGO Forum As Seen by US journalists of Color and is a columnist for Channel A, the Asian American Internet magazine (www.ChannelA.com), where she writes on Asian American concerns. The daughter of Chinese immigrants, she has been a long-time activist for social justice, particularly issues of gender, race and sexual orientation. Her work as one of the founders of the Asian American anti-violence movement is documented in the Academy Award nominated film, "Who Killed Vincent Chin?" As a journalist and an activist, she works with community organizations to promote media advocacy. She is active in several organizations, including the San Francisco Bay chapter of the Asian American Journalists Association, the Asian Women's Shelter, and the Asian Pacific American Women's Leadership Institute. ABOUT THE CONTRIBUTORS

BISI ADELEYE-FAYEMI is a cultural anthropologist and gender-and-development specialist. She has spent the greater part of her life in Nigeria, and is currently the Director of Akina Mama wa Afrika, a nongovernmental development organization for African women based in the United Kingdom. She has also worked as a journalist and teacher.

MASUMI AZU is the coordinator for research and documentation at Asian Migrant Centre in Hong Kong, which works with organizations in Asia to develop regional initiatives on migrant issues. The AMC is committed to empowering migrants in the Asian region through advocating legal and social changes for the protection and welfare of migrants and their families. Masumi teaches lobbying and documentation for migrants' rightsto migrant support groups and human rights groups, in Japan, she worked on crisis intervention for migrant women and men, prepared educational materials on legal and welfare systems in Japan, and campaigned for legal changes.

CHARITO BASA is a Filipina activist, migrant worker and migrant women's organizer living in Rome, Italy since 1986. She is currently chairperson of the Filipino Women's Council, an organization providing services for the women migrant workers in Rome. She is one of those responsible for the creation of the Migrant Women's Network in Italy. She is also an active organizer of the Migrant and Native Forum in Italy, a federation of migrant women's organizations and the Italian women's movement. One of her favorite activities is networking—promoting and making links among women in different countries and regions of the world.

LIN-LAP CHEW works with Foundation against Trafficking in Women (STV), which is based in Utrecht, the Netherlands. STV is a founding member of the Global Alliance Against Trafficking in Women.

MARIA GONZALEZ is the development, education and training coordinator of the Commission of Filipino Migrant Workers based in London, England.

MARGARET HEALY is a founding member of Kalayaan and currently its coordinator. She has worked with migrant domestic workers in the United Kingdom since 1980.

MIRIAM CHING LOUIE works with the Women of Color Resource Center (WCRC) in Berkeley, California, USA. Founded in 1990, WCRC is committed to strengthening the efforts of organizers, advocates and scholars working to improve the conditions of women of color. Louie served as WCRC's Beijing 95 and Beyond Project Coordinator and helped organize roundtables of migrant and women workers centers and of racial and ethnic minority women at the NGO Forum in China. WCRC is developing two popular education projects since returning from Beijing-Women's Education in the Global Economy and Girls Are the Issue!- to share and build on lessons learned at the UN women's gathering. Louie has also worked with Asian Immigrant Women Advocates, which organizes women working in the garment, electronics, hotel, restaurant and nursing home industries.

PILAR SARAVIA is Peruvian, with an anthropology degree from the Catholic University in Lima. She did field work with the ethnolinguistic group "Campa Ashianinga." She was coordinator of a community health project with women farmworkers in the Peruvian city of Huancayo, and she won an award for research on the political participation of women farmworkers. In Italy, Pilar worked for different organizations related to immigrant women and their integration to work. She has published many articles, coauthored a book, and copresents a radio program. She is currently in charge of the immigration office of UIL, a labor union, and coordinates the Center for Immigrant Women in Rome.

HANNANA SIDDIQUI is a community caseworker and counselor at Southail Black Sisters in England, where she has worked for several years addressing the needs of black (Asian, African and Caribbean) women. She assists women confronting domestic violence and forced arranged marriages, homelessness, matrimonial issues, racial harassment and discrimination, financial and welfare benefits advice and immigration difficulties. Hannana has undertaken developmental and campaign work on behalf of women who have been killed; the release of a woman who killed her abuser; to reform the homicide laws; and, to reform immigration laws. Prior to her work at Southail Black Sisters, Hannana worked as a coordinator at a London-wide Asian women's organization and in race relations and housing. She has a BSC (Hons) degree in Social Sciences from the London School of Economics.

FELICITA VILLASIN is the coordinator of INTERCEDE, the Toronto Organization for Domestic Workers' Rights. She is co-chairperson of the International Work Committee of Canada's National Action Committee on the Status of Women; the committee focuses on issues of women's poverty in the context of economic globalization. Fely served on the Ontario-wide Advisory Committee of Project Sexual Assault Education for Immigrant, Refugee and Women of Colour. She was a member of the Toronto Advisory Committee on Cultural Approaches against Violence Against Women and Children and a founding member of the Pilipina Support Network. Fely is also active in community theater, and was an original member of the Carlos Bulosan Cultural Workshop, a Filipino-Canadian theater company.

PHOTOGRAPHS WERE CONTRIBUTED BY Mila de Guzman, San Francisco, California; Maria Gonzales, London, UK;Kim D. Johnson, staff photographer for the Sacramento Bee, California; Helen Kim, Asian Immigrant Women Advocates, Oakland, California; Miriam Ching Louie, Women of Color Resource Center, Berkeley, California; Beckie Masaki, Asian Women's Shelter, San Francisco, California; Mary Annette Pember, staff photographer, Lexington Herald-Leader, Lexington, Kentucky; Beatriz Terrazas, staff photographer, Dallas Morning News, Dallas, Texas. ACKNOWLEDGEMENTS

he completion of this publication was made possible through the collaborative efforts of many individuals and organizations who have committed their work Tto ensure the human rights of migrant women globally. Firstly, we would like to thank and acknowledge the organizers involved in making the workshop, "From Margin to Center: Migrant Women's Human Rights in the G-7 Countries," at the NGO Activities of the Fourth World Conference on Women in China. They are Olabisi Adelye-Fayemi, Edna Aquino, Masumi Azu, Chato Basa, Lin Lap-Chew, Rachel Kahn, Miriam Ching Louie, Clara Luz Navarro, Hannana Siddiqui, Fely Villasin and Leti Volpp. Their rich experience in organizing and providing services to improve the lives of migrant women is reflected on the topics covered by this material. Their input was invaluable in shaping the substance of the workshop and this publication.

Secondly, we are grateful for the support of Esta Soler of the Family Violence Prevention Fund, Charlotte Bunch of the Center for Women's Global Leadership and Emily Goldfarb of the Northern California Coalition of Immigrant Rights. Their encouragement was greatly appreciated.

Thirdly, we are extremely thankful to Helen Zia, our co-editor, who was instrumental in the production of this publication. Her enthusiasm and creativity has made a big difference in finalizing this project. Special thanks to Mila De Guzman, Maria Gonzalez, Kim D. Johnson, Helen Kim, Miriam Ching Louie, Beckie Masaki, Mary Annette Pember, and Beatriz Terrazas for the, photos.

Thanks to Ces Rosales and John A. Hoffman at ZesTop Publishing for the great layout and Linda Posluszny of the Center for Women's Global Leadership for review- ing the material.

Finally, we would like to express our deepest appreciation to Margaret Schink of the Shaler Adams Foundation. We thank her for her commitment towards the struggle for women's human rights. We are also extremely grateful to Ms. Foundation for Women and Gaea Foundation. Their support made the entire project possible and is making a difference in improving migrant women's lives.

Mallika Dutt Lent Marin INTRODUCTION

rganizing efforts for migrant women's human rights have developed dramatically over the last decade as the number of women who migrate and get Ouprooted from their homes have increased significantly. Women in both the sending and receiving countries have found that only by forging links can they advance their struggle for improved living conditions; fair wages; and human rights.

This publication is another step toward increasing the understanding of the complex nature of issues affecting migrant women. It makes available the organizing strategies presented by migrant women at the NGO Forum of the Fourth World Conference on Women held in Beijing, 1995, at a panel discussion entitled "From Margin to Center: Migrant Women's Human Rights in G-7 Countries."

The panel discussion held in Beijing evolved out of a long-term effort to make the injustice and violation of the human rights of migrant women more visible. In the United States, the Family Violence Prevention Fund (FUND) and the Northern California Coalition for Immigrant Rights, formerly the Coalition for Immigrant and Refugee Rights and Services (CIRRS), held a day long tribunal in San Francisco that brought together testimonies from migrant women detailing the human rights abuses they have experienced in the U.S. including violence against women at the border, sexual abuse from employers, inhuman conditions in refugee camps, domestic violence perpetrated by US-citizen spouses, and others. That tribunal was a build up towards the participation at the World Conference on Human Rights in Vienna in 1993.

At the Vienna Conference, the Center for Women's Global Leadership coordinated an all day Global Tribunal on Violations of Women's Human Rights which was followed by similar hearings and tribunals at subsequent UN world conferences. The series of tribunals and hearings highlighted the experiences of migrant and refugee women in relation to issues of violence, economic discrimination, political persecution and health. The FUND and CIRRS also presented a workshop in Vienna, entitled "Women on the Move," which examined abuses against women during migration; gender-based persecution and political asylum and conditions for women in receiving countries. These initiatives enabled the organizers and participants to work together on common strategies and initiate networking on behalf of migrant women's rights on an international level.

This working relationship was further developed through collaboration on a variety of workshops dealing with migrant women's issues at the Fourth World Conference on Women in China during the NGO activities. Specifically, the FUND, the Center for Women's Global Leadership and CIRRS jointly organized the workshop "From Margin to Center: Migrant Women's Human Rights." The organizing experiences and strategies of the women who presented in China and those of other groups and individuals have been compiled in this book, Organizing Strategies.

Neither France nor Germany were represented at the workshop "From Margin to Center" at the Fourth World Conference on Women in China, nor does this publication contain contributions from those countries. We fully recognize that a great deal of work is being done by activists in France and Germany on behalf of migrant women. We hope that Organizing Strategies will be a step toward linking all the work within the Group of Seven countries (U.K., Canada, U.S.A., Germany, France, Italy and Japan).

Organizing Strategies is for all those engaged in social change work. The organizing efforts documented in this publication are meant to be used by migrant women to advance their own organizing, by human rights activists to incorporate a more holis- tic approach to their work, by women's groups to understand the needs of migrant women, and by labor organizations to ensure that migrant women's work is incorporated into their organizing. The international and intersectional nature of the book should build stronger and better bridges among all the constituencies who care about advancing justice at many different levels. These can include service delivery, public awareness, community-based organizing, public policy and legislative change.

At the same time that this report is published, a growing xenophobia and racism in the G-7 countries has led to a concurrent rise in immigrant bashing. Right-wing politics scapegoats migrant communities for existing economic problems and increase the vulnerability of migrant people to further exploitation and violence. Such policies are being resisted by migrant women living in the North who have begun to organize and assert their human rights.

Migrant women's voices are being heard in a variety of forums, from agricultural areas to urban centers, from schools to government institutions. They are demanding enforcement of minimum wages and decent working conditions in agricultural work, apparel industries, domestic work and mechanized industries. They are insisting on access to education and decent schools for themselves and their children. They are calling for an end to domestic violence and gender-based oppression within their own communities. Migrant women can be found battling xenophobia and racism in all spheres of society; they are standing up to violence on the streets and to prejudice within the women's movement.

Migrant women are also using a variety of strategies to demand their human rights. Community organizing brings together not just women but all members of a community in confronting the various forms of oppression they experience in the North. Advocacy efforts range from representing the interests of individuals in government agencies, to demanding benefits and insisting on more structural change. Public education and awareness raising are employed to teach migrants about their rights as well as to dispel the many myths that abound in their adopted societies. Public policy and legislative efforts are underway to ensure that government plans and laws are developed and implemented in a way that protect basic human rights. International mobilization and networking have been used to ensure that recent UN conferences understand that no assertion of women's rights as human rights can ignore the experiences of migrant women.

In bringing together the women who shared their experiences at the UN World Conference on Women in Beijing, the organizers of "From Margin to Center Migrant Women's Human Rights" hoped to make more visible the pathbreaking work that is being done by migrant women around the world. These experiences are not only relevant to the lives of migrant women in the North but integral to the vision that informs the global women's movement. In confronting the growing polarization of the world into haves and have nots, in addressing the globalizing of the world economy which requires cheap exploitable female labor to survive, in stemming the tide of growing fundamentalism, migrant women have demonstrated time and again their strength, resilience and capacity for struggle.

We hope that Organizing Strategies will enable readers to understand that oppression is multi-dimensional and, therefore, struggle and resistance must be multi- dimensional as well. The experiences of the women whose voices are present in this publication should assist activists in crafting policies and programs that better reflect the needs and rights of migrant women.

The wisdom of migrant women runs through the pages of this report. It is our hope that this wisdom continues to inform the movement for social change. It is only by bringing the voices of all marginalized communities together that we can trans- form our world into one where the respect for human rights is the bedrock by which we live our lives.

Migrant Women and the Global Economy

BY MALLIKA DUTT igrant women play a specific, critical role in the global FORMERLY, CENTER FOR economy, as revealed by current economic transforma- WOMEN'S GLOBAL LEADERSHIP M tions. Technological changes, the directions of capital flows and the increasing presence of transnational corporations all rely heavily on cheap female migrant labor to maintain their profit bases. For example, there has been a large shift from full-time jobs with benefits to contingent and temporary jobs. Exploitative working conditions with little or no benefits abound and migrant women provide the linchpin in the maintenance of these new structures.

Working conditions of a temporary relied on migrant women to balance and exploitative nature are not a new their payments. For example, women phenomenon for migrant women. What from the Philippines who have been is particularly interesting to explore at working overseas as domestic workers, this moment in history is the fact that nurses, prostitutes and garment work- what has been the reality for migrant ers have provided a critical source of women is now becoming the model of foreign exchange for their government. work for increasing numbers of women The increase in the number of around the world. Governments experi- migrant women performing different encing economic restructuring, struc- kinds of work has been accompanied by tural adjustment programs and the an increase in anti-immigrant senti- burdens of debt which are now affecting ment. Countries are increasing penal- more and more women have always ties for undocumented entry, tightening borders and indulging in racist, anti- important organizations to demand immigrant rhetoric. It is no accident their human rights, their voices remain that at the moment economies are at the margins of public debate. The becoming globalized and the free mar- challenge we face is how to move the ket is being celebrated as the only mod- human rights of migrant women from el of economic development, that margin to center. Many of us feel that racism and xenophobia are on the rise. we must not only organize separately The global economy demands unfet- and autonomously, but also have an impact on the mainstream, however one constructs it. Moving from margin to center is also about redefining the cate- gories "center" and "margin." Without such a redefinition we risk becoming a part of a social/political/ economic con- struct that has created the human rights violations in the first place. We can talk about margin and center at two levels. At one level, we need to explore how to make what we call the women's movement more inclusive and representative of the realities of all kinds of women. In that context, redefining the center would mean an identity of womanhood or a definition of woman that does not immediately have the connota- tion of referring only to a certain class or a certain race or particular category of Activists detnUnd li.IN. "woman." We could begin to use the action on international term "woman" in a way that represents convention for migrant tered mobility for capital flows and the realities of many different kinds of workers' rights. access to markets. However, profit max- women so that we do not constantly imization can only be realized if workers have to keep qualifying the word are not able to cross borders as easily "woman" by adding such words as and their condition is kept vulnerable "migrant" or "Asian" because we do not enough to keep their wages low. feel represented. No one qualifier can Unfortunately, for migrant women in encompass the whole personhood of a G-7 countries, the common experience woman because even a migrant woman has been that the mainstream women's can have many identities. Redefiningthe movement has not incorporated our center in this context would bring the issues into their agenda. While migrant voices of migrant women into the defini- women have created dynamic and tion of womanhood. At the second level of moving from the definition of humanity. margin to center, we need to realize that If the lives of migrant women are our objective of changing the women's viewed through this human rights movement to address our concerns is framework, then the interconnected- really a step towards another goal: to ness of different human experiences change the conditions that have led to also become apparent. One can better the oppression of migrant women in the understand the connections among first place. The redefinition of that cen- women of color, women from the South, ter means taking on the question of women from Eastern Europe and what a national and international econ- women from different parts of the world omy should look like. This redefinition who move from economies that are is an enterprise that requires not just more devastated to economies that are the voices of migrant women but the less devastated to do the work that oth- y stating that voices of many different communities of ers won't perform. B the rights of people. In order to make this redefini- One must be careful in using the migrant women tion process effective, one must begin human rights framework, however. One by conceptualizing one's self as already cannot argue that women's rights are are fundamental being at the center. human rights unless all women are human riants in This mainstreaming of migrant included in that analysis—otherwise we a world which women's concerns can be assisted by are simply replicating the same process using the human rights framework. that led to women being excluded from subjects them to Human rights concepts are an impor- the human rights paradigm in the first the worst \obs, tant tool in organizing around migrant place. Power differences and inequality the worst wages women's rights, particularly in light of exist among women and must be the increased use of migrant labor com- acknowledged. It is when women are and the worst bined with the growing intensity immi- viewed as a monolith that the concerns grant bashing, ethnocentrism and of communities like migrant women xenophobia. In mainstream society, become marginalized. when you voice a human rights concern, The human rights movement and places migrant there is a resonance to what that claim the migrant women's movement have women into the means in the international arena. not been completely separate efforts; definition of Human rights claims are based on the however, they are not well integrated assumption that all of us—as human either. If migrant women do not speak humanitu beings—are entitled to certain minimal and do not organize to advocate their standards of living that we as a society rights, then they will remain marginal- agree to abide by. By stating that the ized or their concerns will be represent- rights of migrant women are fundamen- ed by voices that do not include them. tal human rights in a world which sub- Migrant women in different parts of jects them to the worst jobs, the worst the world have come together fairly wages and the worst working condi- recently. For example, in the case of the tions, one places migrant women into US and Mexico or the Philippines and Singapore, there are obvious geograph- rest of the world. For example, the poli- ic reasons for coming together to orga- cies of the World Bank, the International nize. However, this attempt to create a Monetary Fund and the World Trade community of migrant women from G-7 Organization are very much driven by countries is a relatively new effort. It is a the interests of G-7 countries, so that if historic effort because all of us who we could take on those entities it would have been doing this work in our own affect patterns in other parts of the countries have become more aware of world. However, other women have the similarities of our experiences. pointed out that what happens in the G- 7 context can be applied to other parts of the world as well where similar socio- economic and political differences might exist. For example, movements of women do not only take place on a North-South basis but include Filipino women going to Kuwait, or Nepali women being trafficked to India. Perhaps we need to think in a more international context than simply the G- 7 context. However, as an organizing strategy, the idea was to try to come together prior to the next G-7 meeting. Our goal is to explore and share the strategies that we have individually and collectively developed and used to address our conditions, because we believe that those strategies are not just for the marginalized, for the exploited, for the vulnerable, but are in fact valu- Mallika Dutt at the Beijing able lessons and models of organizing Tribunal on Accountability Many of us have also used the human that women can share across the board. for Women's Human Rights at the IV World Conference on rights framework because it provides a As we look at our communities, Women. tool and a useful way to organize. which are facing increasing economic We began this as a G-7 country effort devastation and racism, as we look at because we saw that there is a certain the increase in the number of women relationship that exists among the who are migrants and refugees, we see receiving countries and the sending that our role as women and the strate- countries. The focus on G-7 countries gies that we are exploring are critical to had to do with the fact that the politics move our issues beyond the margin, as and the economies of these countries examples of where we can move drive much of what is happening in the towards in the next millennium, fl. TAKING LEADERSHIP OF THE G7: CANADA MAINSTREAM WOMEN'S MOVEMENT

BY FELICITA VILLASIN he National Action Committee for the Status of Women of INTERCEDE/TORONTO Canada (NAC) celebrated its 20th anniversary three years ago And three years ago after that celebration, the 400 groups that ORGANIZATION FOR DOMESTIC T then made up NAC overwhelmingly elected a woman of color as its WORKERS' RIGHTS AND THE president. This was a very significant achievement, especially for me, as NATIONAL ACTION COMMITTEE an immigrant in Canada and an activist who has worked with migrant FOR THE STATUS OF WOMEN domestic workers since 1979. OF CANADA It took twenty years before the women this organization. It was the culmination of color—who had always been a small of a lot of frustrations on the part of immi- presence in the biggest women's organiza- grant woman, migrant women, and tion in Canada—decided for the first time women of color to get the mainstream that our issues must be brought to the social movement, labor movement and center of this organization. Therefore we women's movement to take up—centrally had to take responsibility for leadership and seriously— the issues of the most within the organization. marginalized women in Canada. This was a very conscious move, not a We learned some key lessons along spontaneous one. We decided, as a small the way. woman of color caucus in NAC, that this First of all, in order for us to have the was what we wanted to accomplish—to ability to vie for the leadership of a main- have one of us run for the leadership of stream organization, it was essential for each of our own organizations to gather ginalized women, minority women, to our strengths and accomplishments go into the different areas of expertise because we needed that leverage. We of this organization. needed the leverage of our constituen- We have also found that when cies to be able to speak with a strong women of color are in the leadership of voice and to be able to assert our influ- such a mainstream organization as ence within the mainstream women's NAC, the backlash can be quick and organization. instantaneous. One form of backlash The other thing that we learned is takes place when the rest of the white that unless we moved into the leader- women of Canada stop identifying with \he most ship of a mainstream organization such the issues taken up by this mainstream as NAC, we would not be satisfied in the organization. So a slogan like "NAC way our issues—migrant women's does not speak for me," which is a twist lesson that we are issues, for example—would be taken on the slogan "NAC speaks for me" has still learning is up. become a challenge to our current lead- But the most important lesson that ership. that it is not we are still learning is that it is not I'm pleased to note that when we enough that enough that women of color, immigrant, had our first woman of color president, women of refugee women, marginalized women there were only five of us out of twenty- situate themselves in the leadership of six executives who were women of color, color, immigrant, mainstream organizations like NAC. It is migrant and immigrant women. After refugee women, very clear to us that we also need to the election last June, eleven out of 26 marginalized change the organizational structures. elected executives were women of col- Moreover, we need to consciously or—an affirmation of what we have women situate make anti-racist organizational change. been doing within this mainstream themselves in the This is not very easy to do; we are going organization. So nearly half of the lead- leadership of through this with much struggle and ership of this mainstream organization, pain. Some of our experiences in the NAC on the Status of Women, is com- mainstream center of the mainstream women's orga- prised of women of color, immigrant organizations like nization have been quite surprising, women, aboriginal women and les- NAC, We also sometimes shocking, and always very bians. interesting. For example, strugglingto \eed to change the get into the center of an organization's CANADA'S ANTI-IMMIGRANT POLICIES ''aanvzation leadership is not enough. We need to be The Canadian government has able to get into "the old girls' networks." attempted to introduce measures hos- Because without our own expertise and tile to immigrants, refugees and migrant that of women of color before us, we workers, including a hefty "head tax" or would still have the disadvantage of fee imposed on those applying for per- having to accept the expertise and manent residency or landed immigrant advice of the "old girls' network." So we status. )ust recently, there were reports found that we needed more of us mar- that the Immigration Minister would propose changing from citizenship by national convention obliges UN mem- place to citizenship by blood. This ber states to recognize and protect the would deny automatic citizenship to fundamental rights of migrant workers children born to refugees or other non- and their families. Among its provi- immigrant migrants to Canada. sions, the convention protects migrant In the 1950s, Canada gave condi- workers from cruel and inhuman treat- tional landing to domestic workers ment, from forced labor, slavery or servi- coming from the Caribbean. That is, tude, and from threats and physical they were allowed to immigrate on con- violence. dition that they served for one year as domestic workers or nannies. This policy was changed to a temporary work permit program, one that would ensure a permanent pool of domestic workers who could stay in Canada only for a limited period. In 1979-80, domestic workers launched a one-year campaign against the temporary work permit program. They were successful in gaining permanent residency rights but only after two years on a work permit program. When the Canadian government tried to close this program, there was loud opposi- tion. Instead, the Live-in Caregiver Program was installed in 1992. This restricted the number of domestic workers entering Canada, from 10,000 in 1990 to the present limit of 3,000. Now Under heavy rain, migrant there is a guest worker program that is The Convention guarantees the right women activists march on the increasing the number of migrant work- front steps of the NGO forum of migrant workers to organize into plenary hall in Huairou ers up to 150,000 in 1993. There are no associations or unions, to be paid services provided nor organizing being wages similar to those received by citi- done for these temporary workers. zens of their host country, or to transfer As a result of the work following the their earnings to their home states. It conference in Beijing, INTERCEDE has provides the right of migrants and their launched a campaign and petition drive families to receive medical care, educa- urging Canada to sign the 1990 UN tion and other social services. Convention for the Protection of the Furthermore, the UN agreement pro- Rights of all Migrant Workers and tects migrant workers from arbitrary Members of Their Families. This inter- detention and assures them access to their consular authorities in case they The first draft of the Platform for are arrested. For this Convention to be Action did not have a single reference to binding, 20 governments must sign and migrant or immigrant women nor to ratify it. Egypt, Morocco and the migrant women workers. But because of Philippines are the only countries that the presence, lobby work and persis- have signed and ratified while three tence of migrant women's organizations others have signed. and other NGO advocates, the Beijing document not only recognizes the existence of migrant women and migrant women workers, but directly includes their concerns in at least 22 paragraphs. Clearly, there are serious and glaring omissions in the Platform. Most important, there is no admission that the feminization of poverty, that has led to the feminization of migration, is rooted and inherent in the present global economic system. There is no recognition that the increasing poverty of women in the South stems from structural adjustment programs imposed on their deeply indebted countries by international financial institutions. Consequently, there is no accountability from financial institutions and transnational corporations, the princi- Activists supporting pal architects and beneficiaries of a migrant women workers WHAT DID MIGRANT WOMEN GET world market economy that puts profits march in Huairou. OUT OF BEIJING first above people, and above women in particular. Migrant women's organiza- The UN Fourth World Conference on tions that worked as a caucus in Women in Beijing, China brought at preparatory meetings before Beijing least 180 governments to the end of consistently called for signing, ratifica- more than a year of negotiation over a tion and enforcement of the 1990 UN document called the Platform of Action. Convention for the Protection of the The document lists 12 critical areas Rights of all Migrant Workers and of women's lives where actions are Members of Their Families. required to advance their status so that In the Platform section on poverty, women around the world can achieve governments are committed to "ensur- equality, development and peace—the ing the full realization of the human three slogans of the conference. rights of all women migrants, including migrant workers, and their protection displaced women, documented or against violence and exploitation." undocumented, to work in a safe envi- Receiving countries particularly of the ronment - free of slavery, indentured European Union tried but failed to dis- servitude, exploitation and sexual . .he first draft of tinguish documented from undocu- harassment. There is no reference to . the Platform mented migrants in this provision. the right of migrant and refugee women for Action did not However, this distinction is made to be reunited with their families. where governments are asked to "intro- in the section on the economy, we have a single duce measures for the empowerment of can be happy about the inclusion of the documented women migrants, includ- following paragraph 156: "Women migrant or ing women migrant workers, and facili- migrant workers, including domestic tate the productive employment of workers, contribute to the economy of immigrant women documented migrant women through the sending country through their nor to migrant greater recognition of their skills, for- remittances and also to the economy of women workers. eign education and credentials, and the receiving country through their par- facilitate their full integration into the ticipation in the labor force," as well as But because of the labor force." the admission that "migrant female persistence of In the sections on violence against workers remain the least protected by migrant women's women, it is acknowledged that women labor and immigration laws." migrants and women migrant workers A demand that was articulated by organizations, the are "also particularly vulnerable to vio- more than 50 groups in the preparatory Beijing document lence." Appropriate measures are rec- meeting in Vienna is not reflected. This not only recognizes ommended to ensure that "refugee and demand sought to eliminate discrimi- displaced women, migrant women and nation against women on the basis of the existence of women migrant workers are made aware their status in the country, in applica- migrant women, of their human rights and of the tion of protective labor laws, social pro- but directly recourse mechanisms available to them. grams and gender equality. The Platform invokes "special mea- If not for the collectivity of voices includes their sures" to eliminate violence against that sought to include the issues of concerns in at least specially vulnerable women such as migrant women workers at every step on 22 paragraphs. women migrant workers, including the road to Beijing, we would not have "enforcing any existing legislation and accomplished one thing. The Platform developing, as appropriate, new legisla- for Action is only the beginning. Now we tion for women migrant workers in both have to do the rest: monitor the imple- sending and receiving countries." mentation by our governments of the Lacking is a clearly stated commit- commitments they made in Beijing ment to protect the right of migrant towards the attainment of equality for women, immigrants, refugees and other the world's women. H G7: ITALY ORGANIZING AND STRATEGIES

BY CHARITO BASA igrant women first started to arrive in Italy about 25 years FILIPINO WOMEN'S ago. First came the Ethiopians and Eritreans; then the Cape COUNCIL IN ROME, THE M Verdeans and Filipinas, followed by the Somalians. In the MIGRANT WOMEN'S early 1980s, there was an upswing in the Italian economy, and the NETWORK IN ITALY, AND majority of these women found domestic work, which was normally THE FOUNDATION FOR A done by poor Italian women from the southern part of the peninsula. COMPASSIONATE SOCIETY, USA Women migrant workers constitute a tries presented in this book. Although significant part of the Italian population. women's migration to Italy is still an ongo- As of December 1995, official records indi- ing issue, I would like to present some of cate that out of 922,706 migrant workers in the progressive changes in our organizing, Italy, 42 percent were women from the efforts in the country. Philippines, Latin America, Cape Verde, In the beginning, there were only a few Eritrea and other African countries. The migrant organizations. They were mainly women migrant workers are the unseen mixed gender and were generally headed prop of much of Italy's leisure lifestyle and by men. Until very recently, the women face the challenge of racial discrimination saw themselves under patriarchal control added to those of gender and class. and absolute discrimination, so they start- The situation of the migrant women in ed to organize separately. About six years Italy is not different from the situation of ago, migrant women's organizations were those who have migrated to other coun- born. The first attempt to gather women nizations in Rome contacted other orga- from different countries of origin in nizations all over the country. We were Rome started in 1990 with my tiny able to reach out to a few, but women Filipino women's group. During a came from different regions of the coun- regional meeting of the Women in try, from the north and the south. Development Europe (WIDE) in Rome, I On July 15, 1995, we met our first suggested that the European women challenge to organize on a national lev- consider involving the migrant women el. In Rome, just a day before the in their activities. I was then made national caucus meeting of Italian responsible to organize some migrant women planning to go to Beijing, the women to participate in the different newly formed Migrant Women's workshops on "networking." Slowly we got to know each other, in time to receive a delegation of Women of Color from the Americas who came on a study tour to contact migrant women's groups in different European countries. Also during that time, some migrant women's groups were already in touch with migrant networks at the regional level, such as the African and other black women's networks in Europe. In Italy, we managed to continue working on an informal basis until the international Conference on Population and Development (ICPD) Conference held in Cairo in 1994. We tried to work harder in anticipa- tion of the World Social Summit on Development in Copenhagen by coming Indigenous Asian women at the out with a political statement and rec- Network in Italy—19 women leaders NGO Forum call for peace, ommendations to improve the relevant from different communities—came out adequate food and pay, and an paragraphs of its Platform for Action. with a political statement. We formally end to bride burnings But the Fourth World Conference on presented our concerns at the Italian Women in Beijing was the turning point women's national caucus meeting. We for the migrant women in Italy. We got little moral support, but started pulled all our strengths together and raising our own funds to travel to came out from the shadows. Without Beijing. Five migrant women finally strong support from the Italian women's arrived in China for the conference. movement, the government or private Our presence at the NGO Forum and institutions, the migrant women's orga- during the official conference was very significant—not only for the opportuni- was the situation facing migrant ty to raise our concerns and to network women. They recommended a national with the hundreds of other migrant forum of migrant and Italian women to women from receiving countries—but discuss commonalities and to seek most important, we were able to con- solutions to the problems of the vince the other Italian NGO delegates migrants. The proposal was overwhelm- that they have to include migrant ingly accepted by all the participants .ecree 943/95 women when they talk about "women!" and the Italian women in Turin volun- ' ' passed on During that period, the parliamen- teered to host the activity. November 1 7, tarians belonging to the right block Preparations were quickly made to were then drafting a decree on migrants: meet deadlines in fundraising, and 1994 included to regularize the undocumented ones, March 22-24, 1996, the first national immediate but mainly to close Italy's doors to poor forum entitled MIGRANTE E NATIVE, expulsion without migrants. In spite of much resistance C/TTADINE DEL MONDO: vivere, convivere, from different non-governmental, anti- costruire was held with over 500 women due process; non- racist networks, the Italian women's participants. There were 216 migrant recognition of movement and a number of sympathet- women representing hundreds of self-employment ic politicians, the decree 943/95 on migrant women's organizations from 55 migrants was passed on November 17, countries of origin. {as in the case of 1994. Its most controversial points were We have also invited other migrant vendors, including declared unconstitutional and a serious women and personalities from other prostitutes); non- violation of human rights, even by many European countries, including Belgium, Italian magistrates. It included immedi- the Netherlands, and the UK, to share guarantee of ate expulsion without due process; non- with us their experiences, organizing protection to recognition of self-employment (as in and strategies. Women politicians from women victims of the case of vendors, including prosti- different cities and provinces in Italy tutes); non-guarantee of protection to participated, as well as a woman parlia- trafficking; and women victims of trafficking who want- mentarian from the EC, and the many other ed to get out of prostitution and find President of the Italian Commission on harmful other work; six months' advanced pay- Equality and Equal Opportunity ment of social contribution by employ- Between Women and Men. ers for domestic helpers and other provisions. Six different working groups focused service workers; and many other harm- on issues of citizenship and social rela- ful provisions. In other words, the tions, health, maternity and sexuality; decree was a disaster, except on the family, practical and institutional poli- issue of access to health-care services, cies, work, economic independence and which is for ALL! social roles, including trafficking and The Migrant Women's Network, in prostitution. Proposals on different one of the post-Beijing conferences in issues were presented during the ple- Bologna in November, suggested that nary session. the most urgent task for Italian women The strengthening of the Migrant Women's Network was most important institutions which are working to correct for all the migrant women who attend- the scandalous parts, with the involve- ed. In a caucus meeting of the migrant ment of the Migrant Women's Network women, participants were challenged by The challenge was partially won. the founding members of the network to What remains now is how we will orga- join and work together. To date, we have nize further to ensure that migrant received more than 176 requests for women's demands for equality and jus- membership by other migrant women's tice will be attained. With the last organizations and individuals. national elections giving the progressive Governmental institutions also recog- block the right to govern the country for nized the need to organize and work the first time in 50 years, the migrant together, and publicly declared support. and native women will hopefully have a The Decree 943/95 lapsed, but there are good chance to work together. B

letter or document which should stipu- ITALY'S NATIONAL DOMESTIC late the starting date of employment, duration of probation period, work hours, a day-and-a-half off every week WORK CONTRACT (including Sunday), the initial wages TRANSLATED FROM SPANISH agreed upon between the parties, and the arrangements made so the worker can store and use his/her possessions BY PlLAR SARAVIA n spite of the anti-migrant backlash Students 16-19 years old can be in Italy, activists have successfully employed on a "live-in" basis, for a max- MIGRANT WOMEN'S NETWORK I enacted the National Domestic Work imum of 24 hours a week at minimum Contract, which is currently in effect and wage. has been instrumental in allowing 80 Domestic employees hired to assist percent of migrant women to obtain elderly people, children and sick or dis- their stay permits and naturalization abled people during the night may only rights. The Domestic Labor Law pro- work between 9 p.m. to 8 a.m. These tects women with very advanced women workers receive specific remuneration protection laws. Working hours for live-in domestic The law defines the terms under workers shall be agreed upon by the which a worker is to be hired: the employer and the employee; they may employer has to give the employee a not exceed 10 non-consecutive hours per day. In addition, the worker enjoys 2 hours of political parties or syndicates. The women's associa- daytime rest. tions also encounter difficulties trying to reach a Maximum amount of working time per week is high population of women who live in isolation and 55 hours for live-in workers; 48 hours for outside have little contact with women's organizations. workers, divided in segments of 8 hours per day. Overtime hours are agreed upon by both par- 1. INFORMATION campaigns regarding the rights of ties. Compensation for extra hours should be at domestic workers, laws that protect immi- least the regular salary per hour plus an additional grants, and available social services. 25 percent of the hourly rate; or 50 percent extra if the employee works between 10 p.m. and 6 a.m. 2. POLITICAL PRESSURE to establish relationships Workers who do not live in the employer's house with both national and regional govern- may hold several jobs as long as they do not add up ments in order to create housing centers; to to more than 55 or less than 24 hours per week. exercise political pressure so migrant Compensation: Wages can be paid by the hour women can obtain public housing; and to or on a monthly basis. Minimum wage per hour is create immigration policies that protect 5,650 lire, monthly minimum wage is 670,000 lire women. plus food and lodging. These figures are updated every six months and increased by 4 percent every 3. SUPPORT FOR FAMILIES, including services for two years. migrant workers' school age children by Holidays; 11 holidays a year. creating daytime child care centers during Vacations: 25 work days off for each year summer vacations, organizing summer employed. vacations for them using Government fund- Christmas bonus: Each year. ing, establishing activities that help chil- Illness and Work accidents: Workers have a dren value their cultural identities. right to take a few days off with full pay. Maternity leave and family days: Protected 4. INFORMATION CAMPAIGNS about the civil rights through paid days off; maternity leave starts two of immigrants to health and participation months before and ends two months after delivery in social issues. and the worker cannot be dismissed. Unemployment: Worker gets compensation in 5. CONFERENCES to exchange ideas about case of lay-off. women's daily lives from the point of view of both individuals and groups.

STRATEGIES 6. NETWORKS that nurture the creation of These strategies, proposed by most of the women's women's networks based on their differ- associations, yield good results because they come ent interests. from collective reflection and experience. Among the major problems confronted by the women's strate- 7. SERVICES to provide support to women victims gies are the distrust of governments which prefer to of violence, legal assistance around support their NGOs (Non-Governmental issues of worker's rights and access to Organizations) or those supported by the churches, health services. I VIOLENCE G7: JAPAN AGAINST MIGRANT WOMEN

BY MASUMIAZU he trafficking of women to Japan is part of the global phenome- ASIAN MIGRANT CENTRE non that is dramatically increasing. It is highly organized. More T than 100,000 Asian women are sent to Japan each year to work in the sex industry. Most trafficked women are from Thailand and the Philippines. When it is said that women are trafficked, it means not only for prostitution. The essence of trafficking is coerced labor, which spans several other forms besides prostitution, including "mail-order brides," domestic workers, sweat shop labor, hostesses, and night club entertainers.

In Japan, we speak of "trafficked women" Japan for women migrant workers from rather than "migrant women" since immi- Asia center around exploiting women's gration—that is, permanent settlement— sexuality. Women occupy the lowest rung has not been allowed in a significant way of an enormous, lucrative industry that in lapanese history. As a result, "immigra- brings in trillions of yen a year. The women tion" in Japan is very different from the US are often brought to Japan by trafficking and Europe, and the number of migrant gangs—crime syndicates—on false women are relatively few. However, many promises of well -paying jobs as kitchen women are brought to Japan as "entertain- workers or bar hostesses but are eventually ers," trafficked women for prostitution, forced to work as prostitutes or sex slaves and more recently as foreign "wives." Japanese women's initiatives against Most of the opportunities available in trafficking in women began in the 1970s During that period, Japan's economy nomic power (yen) by Japanese men to grew, leading to a higher household dehumanize their sisters, Japanese income for many, and "sex tours" to women took action against the Kieseng Asian countries such as to Korea tours. Despite these protest move- became popular with Japanese men. ments, sex tours by Japanese males The Japanese women's movement in expanded to the southeastern part of the 1970s protested against the sex Asia, particularly the Philippines and tourism phenomenon. Thailand. The anti-sex tourism movement also spread throughout Asia. Japanese politicians were confronted by protest actions when they visited affected countries, making Japanese men's "prostitute-buying tours" to East and Southeast Asia a subject of national and international scorn. (Murata Noriko, "The Trafficking of Women," The Women's Movement at a Crossroads, AMPO japan-Asia Quarterly Review, Vol. 25, No. 4 and Vol. 26, No. 1, 1995) While international criticism grew against Japanese men's sex tours, in the 1980s, the sex industry in Japan began to grow along with Japan's economic boom, which was contributed to greatly by the valuation of the yen. At that time, Japan saw a sudden influx of male and female migrant workers from such Masumi Azu of the Asian neighboring countries as the Migrant Centre speaking at NGO forum. Leni Matin is at Murata Noriko, in "The Trafficking of Philippines, South Korea, Thailand, right. Women," says that Japanese men first Taiwan. Many women were recruited as went on sex tours to Taiwan, where, "entertainers," sent by human trafficking after fifty years of colonial rule, people gangs with connections to Japanese still understood the Japanese language. yakuza or organized crime syndicates. In 1972, when flights between Taiwan Human rights violations committed and Japan were temporarily shut down against these women, such as confine- as the result of normalization of Japan- ment, violence and forced prostitution, China relations, South Korea became increased. the new target. Kieseng (Korean girl) During the early 1980s sex tourism tours quickly became the rage among declined a bit, but still continues, espe- sex tours. Following the lead of Korean cially to Southeast Asia. In 1994 four women who protested the use of eco- Japanese men published a controversial book entitled "Tai Baishun Tokuhon"— not prostitutes. This includes working literally Thailand Prostitution as bar hostesses to wait on groping Handbook—describing in detail the drunk men, and performing risque places and prices at which they bought dance shows. Violence at work is not sex, the types of women they found, the uncommon. conversations they had, the sex acts There are more than 70,000 autho- they performed, along with a map show- rized "entertainers" in Japan. They are ing practically every place where sex can under the tight control of promotion respite protest be bought. This spurred reaction agencies, and it is rare for them to have against it by women's groups working contact with NGO support groups. ' movements, on sexual violence; they have been Entertainer visas are issued for a six sex tours by actively organizing against this book. month period, and employers regularly withheld wages for this six month peri- \apanese males od, only paying the women when they expanded to the BLATANT SEX TRAFFICKING are at Narita Airport, ready to leave southeastern part Japan. This prevents entertainers from Typically, women are recruited by bro- of Asia, kers (usually through friends or co- running away from their employers workers associated with brokers). when they discover how miserable the particularly the Foreign brokers, often Thai, Malaysian, conditions are. But in many cases they Philippines and are deceived and not paid their wages. Singapore, Chinese or Japanese, make Thailand The travel arrangements including false The first sign of deception is when passports usually for 3 to 5 women at a they must sign two different contracts. anti-sex tourism time. In such transactions, 3 million yen One is the official contract submitted to movement also (approximately US $30,000) changes Philippine Overseas Employment spread throughout hands to traffic one woman. This money Administration and the Japanese is not a loss for the buyer because his Embassy in the Philippines. It states Asia, making gang will force the women herself to that they must be paid a minimum of apanese men's repay it. So, when she arrives, she is US $ 1500 per month. But entertainers already deeply in debt and usually kept are coerced to sign another unofficial "prostitute-buying under surveillance to prevent escape. contract in which salaries are as low as tours" to East and Those who do try to resist or escape are US $300-750, just enough to get by in Southeast Asia a often beaten. costly Tokyo. These salaries are extremely low compared to those of Japanese hostesses. and interna "ENTERTAINERS" In many cases entertainers are scorn. Women who enter Japan with "enter- coerced into performing topless dances, tainer" visas become part of another and their long working hours include form of trafficking. The "entertainer" is cleaning the pubs and other violations frequently a guise for prostitution, and of Japan's Labor Standards Law. always a euphemism for treating However, since they have an "entertain- women as sex objects even if they are er" visa, they are not legally classified as m "workers" by the Labor Ministry. Hence in detention centers. they are excluded from existing worker In the past few years it has been benefits and protections. But, as noted, revealed that immigration officials regu- the organized crime gangs involved in larly use violence against detainees. this business violate the most basic Between 1993 and 1994, Japanese news- laws by withholding wages, confiscating papers reported on 11 cases of violence the women's passports, assessing against detained women workers. penalties, and forcing women into pros- Women are often fondled and some- titution. times raped by officials. For example, on 1 November 1994 at the Tokyo Regional Immigration Control Bureau Detention Center, a Chinese woman, Tao Ya Pin was physically assaulted and wounded while undergoing criminal interrogation. This case made national headlines because she was pho- tographed with a huge swollen bruise on her face where she had been hit. Not long after that, one young officer quit the agency and held a press conference in which he described the regular use of violence in the agency. The judicial system also victimizes the victims. Among the most outstand- ing cases is that of three Thai women who were forced into prostitution. They came to hate their boss and decided the only way to escape was to kill her. The court essentially ignored their circum- Demonstration (or migrant stances of confinement and forced pros- women's human rights in In addition to the abuse women suf- titution and sentenced them to ten Huairou. fer at the hands of their so-called years in prison in a trial that took two employers, women must face the abuse and a half years to conclude. In the of police in detention centers. The police fourth public hearing, the judge had the criminalize the women workers who audacity to ask the defendant, "Wasn't it have overstayed their visas rather than improper for you to murder someone, focusing their efforts on the criminals, even though you were forced into pros- the brokers and agents. Immigration titution? After all you were living rather officials raid bars and make mass in serene circumstances." arrests. Women who are undocumented, Other similar murder cases have that is, who overstay their visas, are held occurred with the same outcome. In court, the ordeal of trafficking, confine- Japanese husbands. Presently NGOs ment, violence, sexual abuse, and assist women by helping them escape forced prostitution that brought the from the pubs and syndicates. The women to the point of committing mur- NGOs help the trafficked women obtain der were issues not addressed. The tri- the necessary documentation to return als only dealt with facts pertinent to the to their countries. Frequently it is nec- incidents and thus the true criminals essary to also arrange for psychiatric were not on trial, only the victims. These rehabilitation. cases clearly indicated to Japanese With regard to entertainers, many women activists the limits and stan- Nigerian joke Debo Akande at NGOs play an impor- youth movement demonstration dards of criminal trials in Japan. tant role in such services as providing shelter and retrieving ACTIONS AND STRATEGIES wages. But preventa- Even though the problems faced by traf- tive actions need to be ficked women have garnered public taken, including the attention in the last decade, the domi- very difficult job of try- nant Japanese women's movement has ing to organize workers not incorporated trafficked women's associations. To do agenda into theirs, since it is still at a this, we must make the relatively early stage of development Ministry of Labor rec- compared to the US and Europe. ognize entertainers as Women in Japan are struggling against workers, not so-called existing male dominated culture in "artists." In short, the every level of society. However, there campaign to protect have been a few remarkable initiatives their labor rights by Japanese women's groups that may needs to be strength- set a precedent for other women's ened. groups in the future. Following the To address vio- example of strong women's movements lence against migrant against the sex tourism, there are more workers in detention recent efforts relating "prostitution" and centers, the "mail order brides." "Immigration Review Task Force" has been created and is com- THE SHELTER MOVEMENT posed of NGOs, Several shelters in Tokyo and surround- journalists, and ing areas are active in helping migrant lawyers. A suit women seek refuge from their employ- against the state is ers. These shelters also assist foreign filed in each case. wives seeking refuge from their Because many victims are deported so that they could not agrarian Japan where there has been reveal the violence done to them, mem- much concern over "lack of brides." in bers of the Task Force group visit them fact, inter-cultural marriage with in their home countries, such as Korea Japanese men has been actively pro- and the Philippines, to collect evidence. moted by the local governments, which One of the shelters is Mizura, locat - are involved in arranging the "Omiai" ed in Yokohama, which started as (match making dates) in the Philippines women's alternative movement after for the men. When Japanese women Japan's "Women's Liberation began protesting against government's Movement" in the late 1960s and the involvement, they withdrew from o counter the struggle in the 1980s for equal rights recruiting. V importation surrounding the Labor Standards Law The phenomenon of the "mail-order- and the protection of the rights of work- bride" also involves many problems. of brides, women's ing women. The office serves women "Mail order brides" placed in rural areas human rights regardless of their nationality, and it is may find themselves in slavery-like con- groups have also registered as women's labor union. ditions, working like domestic servants Currently, the NGO is taking on cases of and isolated from the outside world. formed to protest human trafficking and forced prostitu- Some are deceived into becoming against the tion of Thai women. Another shelter was brides, only to work as hostesses in government- opened up by women who are con- night clubs. Gangsters or sex industry cerned about the trafficking of women brokers have little difficulty because promoted from Asian countries. The shelter was there are no legal checks on the mar- marriages. But established in the early 1990s when the riage mediation businesses in Japan. In the current trend trafficking of Thai women peaked. fact, local governments actively support During the period of 32 months since it international marriages. It is widely is that, where opened, more than 200 women from 7 known that men in rural areas have a Government countries stayed at the shelter, of whom hard time finding wives because women 170 were Thai. The shelters respond to have left for urban areas. Local govern- cases of trafficked women by coordinat- ments see international marriages as withering away, ingwith embassies, connecting with the best way to solve this problem. NGOs in the sending countries, and private agencies Numerous mediating agencies are preparing for the clients' safe returns. headed by town mayors and these lay are stepping in to There are several other shelters, but down qualifications for the type of most are located around Tokyo- replace them. women they are looking for. The vice- Yokohama, which is the metropolitan governor of Akita prefecture said he area of Japan. thought that importing Filipinas was good and stated that he "went to the Philippines last year and saw people liv- "MAIL-ORDER BRIDES" ing in poverty. If they can survive that, Beginning in the 1990s, many women they can survive rural life in Japan. It entered into Japan as "wives" headed to would bring about an improvement of breed." To counter the importation of collaboration with lawyers groups, set brides, women's human rights groups up a special task force, which is current- have formed to protest against the gov- ly working with Philippine NGOs. ernment-promoted marriages. But the Accordingly, many of the women's current trend is that, where government shelters' activities have changed in intervention is withering away, private response to the needs of battered agencies are stepping in to replace women—involving migrant women who them. are settling permanently in Japanese More recently, as international mar- communities. This requires different sets riages have increased, the shelters have of coordination and intervention, such as been encountering more domestic vio- personal counseling (for children's lence cases involving divorce, various schooling, marriage problems, etc.), issues arising abound matters of resi- divorce procedures (legal assistance to dence, such as obtaining visas, estab- obtain custody of children or father's lishing the nationality of children. Many recognition of the child), job counseling From a migrant women clients seeking refuge in the women's (for single mothers). workers march. Behind shelters are battered wives of Japanese bars is Mi Sun Kim of men. The women may Asian Migrant Centre in a dramatic portrayal of the be Filipino, Colombian, r,'''iii' ,-f i-.-i.T-iii' workers Peruvian, Korean, or other nationalities, and they usually come to the shelters with children. Meanwhile, Filipinas who return to the Philippines have encountered problems getting support or even recognition from the lapanese father for their "Japino" children. There are thousands of such children whose mothers are seeking recognition from the lapanese "parent," as well as financial recourse. In response to this problem, several women' s groups, in LEGAL AND LEGISLATIVE WORK and rape in marriage should be includ- Regarding brokers and agencies, several ed as a crime. NGOs work closely with lawyers to pros- This report has focused on issues ecute pub owners and traffickers. NGOs and strategies at the local level in Japan. and lawyers associations are actively But there remains much to be done at seeking the revision of existing laws. the global level that utilize various With regard to international marriages, international legal human rights instru- NGOs also need to push the [apanese ments (the Convention on the government to set up a system of strict Elimination of All Forms of licensing and monitoring of marriage Discrimination Against Women, the agencies to fully disclose the conditions International Covenant on Civil and and agreements, and establish agencies Political Rights, the International for women to contact when problems Convenant on Economic, Social and arise. Laws and policies should protect Cultural Rights, the Convention on the women against abusive relationships Rights of the Child, among others. Wk CHEATING AN G7: UNITED AUTONOMOUS MIGRANT KINGDOM WOMEN'S MOVEMENT

BY HANNANA SIDDIQUI outhall Black Sisters is a migrant women's organization. We ere- SOUTHALL BLACK SISTERS ated an autonomous migrant women's organization because we Sfelt that the other social movements organizations in Britain did- n't address the issues of migrant women. We found that the wider women's movement and feminist movement was dominated by women from the majority community and they failed to take on issues of race As black women and migrant women in Britain, we believe that racism is a major issue that needs to be addressed and we found that the feminist or women's movement was failing to do that.

At the same time we found that the The idea was to set up our own wider labor movement, the left, and the autonomous organization to create a anti-racist movement in Britain were space for women to organize and think ignoring issues around gender which we through their ideas, to lobby and to make found equally important to migrant those wider movements more account- women. So we felt that migrant women able. The idea was to place migrant had a double disadvantage which was not women's issues onto the agenda, and to being addressed by the wider social move- make sure that we were the leaders in ments. As a result, migrant women were establishing what those issues were. This invisible within the social agendas of was to ensure that our issues would be these organizations. reflected within their agendas the way that we wanted them to be addressed ty communities are subject to racism, instead of how these other movements which, they contend, is the central strug- thought that we wanted them to be gle. They've argued that we as an organi- addressed. We've had problems in try- zation must be silent on the violence ing to make other movements account- against women within our own commu- able and in trying to set an agenda nities because they feel if we raise nega- within those different centers to move tive aspects about our own community, forward the needs of migrant women. that will create a racist backlash. We've An important center for us to move had to deal with their argument that or influence has been the migrant we're undermining the anti-racist move- omen of women's community itself. We estab- ment when we try to push forward the / color are lished ourselves as a feminist organiza- needs of migrant women. told to respect tion within immigrant communities This attack has come not just from their culture, because we felt the immigrant organiza- the minority women's movement, but tions and the women's organizations also from the general Left, from the anti- and to resolve tended to be very conservative and did- racists. Our response is that it is possi- problems such n't address the issues; we also felt that ble to actually wage many struggles at they didn't have a very radical agenda or the same time. It is possible to take on as abuse against a feminist agenda on women. At the the anti-racist struggle the same time as women same time we found that many of the the struggle for women's liberation, or internally within organizations that managed to get fund- around class and sexuality and so forth. ing became depoliticized, providing ser- We cannot afford to give up and refuse the vices and ignoring the needs of women to help other oppressed groups in our community. As in terms of campaigning and publicly society. Women are not the only a result, we find raising those issues. oppressed group, minorities are not the only oppressed groups. If we are fighting that the needs of For black women or migrant women's organizing, there is the whole for human rights, it is important that we women are not question of racism. We often find that are not advocating human rights for just beina addressed women themselves tend to prioritize a few of us, but for all of us. issues of race over gender and create a Similarly, another problem we've wicker hierarchy of oppression. A major argu- had to face as migrant women is a very societu ment in Britain, which is put forward by liberal concept of multi-culturalism. the Left, by the labor and anti-racist This concept assumes that minority movements, says that we must central- communities are homogenous, that ize, that our central struggle is the anti- they don't require outside interventions racist struggle and all other struggles of from other cultures, even the dominant the minority communities are sub- cultures, to assist women or the vulner- sumedinthat. able groups in those communities. Therefore, women's struggles for lib- Women of color are told to respect their eration within those communities are culture, and to resolve problems such not as important simply because minori- as abuse against women internally within the community. Under this liberal alliance with them, we waged a very suc- view of multiculturalism, such practices cessful campaign to address the needs as arranged marriages, which are not a of these women, and to address the part of the dominant culture or religious whole issue of domestic violence. heritage, cannot be criticized by the But while we have been able to dominant community. As a result, we make some effective alliances around find that the needs of women are not violence against women, around gender being addressed by the wider society— issues, around questions of race, we not by the Left, nor by the conserva- still have problems with the feminist tives. Even those who want to help movement and the women's movement. women may believe that they cannot intervene in minority communities because the community leaders do not want that intervention. What they forget is that minority communities are not homogeneous. There are power divisions within, and there are those—such as women—in minority communities who have no power, and therefore their voices are not heard. The community leaders tend to be the most conservative, the most patriarchal, and their interest is not the interest of women. They do not want outside intervention to help women. Then there is the wider women's movement and the feminist movement. We've had considerable support from that movement when we've taken up issues around gender, around violence against women. To give you an example, Mukani McCrum, of the there are the cases of battered women Unfortunately we have various immigra- Churches Commission for who have been driven to kill their vio- tion rules in our country which entrap Migrants in Europe and International Migrants lent partners. We have very effectively women in violent marriages. So far the Rights Watch Committee, created alliances with women from the wider women's movement has not testifies in workshops majority communities in taking up shown much sisterhood when it comes these issues. We took up a case of an to taking up issues around immigration, Asian woman who was in prison for life for example, how women are trapped in for killing her husband; there are a num- violent relationships through immigra- ber of women from other communities tion rules, and it's something that we're who are also in prison. Through our trying to build up. We're now building a coalition - an all black women's organi- forced into a position of having to zation. White women are are welcome defend the very gains that we have to join, but so far none has. made. Now it's important for us to win Although we're at the early stages, support from the wider labor movement we're hoping to win support from the in order to tackle these issues; unfortu- wider women's movement. It is an inter- nately they are repeating the same argu- esting campaign because it forces both ments that they made around domestic the anti-racist movement and the Left violence—that we're inviting a racist and the women's movement to address backlash by questioning fundamentalist issues of migrant women. It actually religious oppression of women within puts the issues of migrant women in minority communities. center stage because it brings together The other worrying trend is that the questions of race and gender. It will while the women's movement is begin- be interesting to see whether or not ning to recognize the problems around those movements actually meet that religion in the majority community, it challenge. has failed to do so in the minority com- At the same time that we are trying munity. Often they argue that when to put migrant women's issues at center migrant women speak for themselves, it stage, there are many developments is self-determination. For example, if taking place which are setting back the there's a conservative migrant woman gains that we have made as migrant who is making demands around setting women. The growth of religious funda- up religious shelters, majority women mentalism, of conservatism and patriar- end up believing that all migrant women chal forces both within and outside of want to go back into a traditional role— our communities have had an impact and that is acceptable to the feminist on women. Women are under increasing movement. They fail to support the fem- pressure to return to more traditional inists within those minority communi- roles and therefore we find that we're ties, and as a result, ignore their rights.

ABOUT SOUTHALL BLACK SISTERS (SBS)

BS performs frontline services— constantly at a breaking point because mainly emergency and crisis inter- of the amount of cases we are called Svention work related to domestic upon to do. This year we had 279 emer- violence and relationship breakdown gencies, constituting 75 per cent of our and the resulting problems of home- total work. It is difficult to find a balance lessness, immigration and welfare ben- between crisis intervention and ongoing efits. Our overstretched services are support. Our criminal law work has grown. We Women and the )oint Council for the successfully helped a woman who was Welfare of Immigrants to organise a serving a life sentence for the murder of conference on Women, Immigration and her child to appeal against her convic- Family Law, which was attended by over tion. It was reduced to manslaughter on 100 women. It became obvious that this the grounds of diminished responsibili- issue needed urgent attention and ty and she will now receive medical research into the scale of the problem treatment. was initiated. We get a number of requests from SBS has forged new alliances with a solicitors to provide specialist reports on the circumstances of Asian women to enable courts to make informed judg- ments—for example, to help a woman obtain a residence order for her daughter. SBS runs support groups to help young women develop a positive self- identity and overcome trauma and abuse through the sharing of experiences; its domestic violence support group remains very popular, as are "do- it-yourself" workshops on household maintenance. SBS conducted other workshops: in local schools on gender roles and Religion, Women and Society; on massage and aromatherapy and English language. We ran a summer project for children and held socials and outings for women to counter their isolation and depression, including a day Hannana Siddiqm trip to Littlehampton for 100 women. [right) with Leni Mann at wide range of mainly black women's the Migrnat Women's groups to abolish the restrictive "one Human Rights Workshop year immigration rule," which is used in Huairou THE CAMPAIGN TO ABOLISH THE mainly against women. RESTRICTIVE "ONE YEAR Every year, hundreds of black and IMMIGRATION RULE" migrant women in the UK face persecu- A major area of concern that has arisen tion by their families and by the state. as a result of our casework is the num- They face violence, torture, rape and ber of women who are trapped in violent death threats from their husbands and marriages because of the immigration families. The one year rule British immi- rules. SBS joined forces with Rights of gration law means that people who have come to the UK to join their wealth countries, are harshly affected by spouse must remain within the mar- the one year rule. Many people coming riage for at least one year before they to the UK for marriage come from coun- can apply to stay permanently. tries of the Asian subcontinent. This is Women are therefore unable to because of the legacy of colonialism leave a violent marriage within this peri- and the past need for labour in the UK, od. They are also not entitled to receive and the continuing close contact basic welfare benefits, so even if they do between Asian communities with their leave a violent situation they may have countries of origin in choosing marriage no means of support. The state forces partners. women in this situation to make a stark Under the one year rule, an applica- . . ,he wider choice: domestic violence or deportation to remain in the UK permanently 1 women's tion. Immigration laws effectively vio- depends on the support of the settled late their right to live in security and spouse. This places extra burdens on movement has not free from violence or the threat of vio- marriages as it gives more power to the shown much lence. settled spouse and so becomes a sisterhood when it The Home Office keeps no statistics weapon of control. Women suffer most on how many women who have experi- as they are less likely to have power and comes to taking enced violence are affected by the one more likely to experience violence and up issues around year rule. Our independent research, other forms of abuse. immigration, for based on information from law centres, The government has recognized that women's organizations, shelters , solici- domestic violence is a widespread prob- example, how tors and advice agencies shows that, in lem. However, the scant resources and women are the period January 1994 to July 1995, 755 remedies available to abused women in trapped in violent black and migrant women were threat- our society are effectively denied to ened with deportation because of mar- women with immigration problems. relationships riage breakdown. Five hundred-and- Many of these women cannot turn to through twelve of these women were fleeing any state agencies for support for fear immigration domestic violence. Of this number, that these agencies will inform the 68.4% are Asian, 13.3% are African, 7.1% Home Office. This fear will intensify as rules. are Caribbean, 7.3% are Latin American the government forces more agencies and 3.2% are white. Home Office statis- and authorities to make immigration tics in 1994 only show that 14,920 inquiries and take on the task of polic- women were granted settlement after ing so-called 'illegal immigrants.' marriage and 370 were refused under Some immigrant women do leave the one year rule (of these, 10 were their violent marriages. They are then refused on public funds grounds, 360 forced to depend on charity or become because of marriage breakdown). vulnerable to economic and sexual Such immigration rules are used to exploitation. They often cannot even keep out black people. Black women, turn to women's refuges for shelter especially those from new Common- because refuges rely on housing benefit and income support. These women are country through the one year rule. not entitled to receive either. In addition to seeking the abolition Many women and their children are of the one year rule, the campaign is terrified of returning to their countries also demanding that government recog- of origin, where they may face discrimi- nize domestic violence in immigration nation and even persecution from their law so that women will not be forced to families, communities, and often the state, the police and the law. Poverty within their families, or traditional val- ues and beliefs about marriage and divorce means that most women have nowhere to go. Some women faced with deportation consider or attempt suicide and other desperate measures. Despite this situation, the Home Office usually refuses further permission to stay when a marriage breaks down. It ignores the reasons for the breakdown. If the Home Office later makes a decision to deport her, there is no meaningful right of appeal unless she has been here for more than seven years at the time of the deportation decision. Even at this final stage, only Julia Quihones, Cornite arguments on technical grounds can be Fronterista de Mujer made. remain in violent situations in order to (Mexico) testifies at stay in the UK; to abolish the "no workshop on Migration SBS believes that there are funda- and Women's Centers mental democratic principles and recourse to public funds" rule to give human rights issues at stake in the way women the right to claim state support in which the one year rule operates. when necessary; to recognize gender Immigration law attacks the right of all discrimination, such as experienced by people to have secure family life and to divorced or separated women, as determine the kind of lifestyle they want grounds for asylum; and to restore full to lead. This government has pledged rights of appeal at all stages in immigra- its support to the 1993 UN Declaration tion and asylum cases, including the on the Elimination of Violence against right to present domestic violence as a Women. Yet it continues to violate the factor against deportation, li human rights of black women in this G7: UNITED ORGANIZING FILIPINO KINGDOM MIGRANT DOMESTIC WORKERS

BY MARGARET HEALY ach year, thousands of overseas migrant domestic workers, KALAYAAN reflecting 21 different nationalities, come to work in the UK. ETo gain a visa, they must work for a specific, named employ- AND er; immigration rules strictly prohibit any employment—paid or unpaid—other than with the named employer. These employers are MARIA GONZALEZ also from many different nationalities, 37 in all. COMMISSION FOR FILIPINO MIGRANT WORKERS This is a system of "tied labor." It the women come when they first escape can, and often does, lead to living and from the household. working in slave-like conditions. In 1979, Britain stopped granting Employers often withhold passports, work permits directly to persons enter- withhold wages, and disregard workers ing the UK as domestic workers. as human beings. It is common to hear However, in 1980 a Concession to the such statements as "Even the dogs were Immigration Rules allowed employers treated better than me," "They think to bring their domestic workers into the because I'm poor they can treat me as country as "persons accompanying a they like," "I'm just a slave to them" at named employer." This means that they the Kalayaan/Commission for Filipino must work only for that specific employ- m Migrant Worker's Centre, where many of er, and under no circumstances can they apply to work for someone else. detail, showing that overseas domestic As a result of this point of entry sys- workers experience conditions of routine tem, domestic workers are not given an ill-treatment and extreme abuse, includ- independent immigration status as ing: confiscation of passports; enforced workers, even though they are admitted change of contract, including the with- into this country to work. It may be holding of wages for long periods; 16-20 more correct to say they are simply part hour workdays, seven-day weeks and no of the baggage of the employer. For holidays; sleeping accommodations in instance, the employer very often holds corridors or on the floor; frequent denial their passport and, while under normal of food and malnourishment, with no circumstances, it is a criminal offense to withhold someone's passport, in the UK it is allowed in the case of domestic workers. When questioned in the House of Commons, a government minister said, "It is possible the employer is keeping the passport for safe keeping." In one survey of 1000 domestic workers conducted by Kalayaan, 62.8% had their passports withheld by the employers, who still withheld the passports even after the women ended their employment. At the same time, the working conditions upon entry to Britain frequently deteriorate because the families they are accompanying usually travel with reduced staff, but rarely adjust their demands. It continues to be a sad and painful fact that overseas domestic workers in the UK are so deprived of rights that they are in a situation of virtual slav- Migrant workers and ery. These workers must endure abuses access to medical and health services or families demand human and exploitation far beyond their, and compensation for injuries. rights at the Nottinghill carnival in the UK our, notions of contractual labour. Overseas domestic workers are often More than 4000 cases of overseas kept in virtual or literal imprisonment in domestic workers have been helped the home of their employer. They are since 1987 by Kalayaan and the frequently prohibited from engaging in Commission for Filipino Migrant normal social contacts, including talk- Workers (CHMW). Of these more than ing to other staff or outsiders, and they 2000 cases have been documented in are denied letters from their families. Physical abuse such as beatings, hair LEGAL SITUATION pullings and spitting are "normal." Racist and degrading name-calling is Up until 1980, Britain had a "work per- common. Women regularly experience mit" system which allowed domestic sexual harassment and abuse which workers into the country to work in the includes actual, threatened, or attempt- hotel and catering industry, in the ed rape. (See table on page 33.) National Health Service and in private When the workers decide to escape households. They were admitted as it is nearly always a desperate decision workers in their own right, and, while made only after sustained abuse. Often certain conditions were attached to the they, and the families they support back permit, it was possible, with permission n Britain, a home, are in debt because of high from the Department of Employment, to miarant agency fees paid to secure the original change employers within the same cate- job. If the workers seek a new employer gory of work. Provided the conditions in the UK, they are liable to be deport- were adhered to, after four years, resi- who is brutalised ed, and if the employer has neglected to dence was granted on request, along by her employer renew their visa—a common occur- with the freedom to change employ- cannot file a case rence—they are classified as "overstay- ment. against him while ers" and may be deported as soon as While many migrant domestic work- they leave that employer. Yet, because ers continued to do domestic work, oth- in his household the majority of employers confiscate ers set up their own businesses, and but if she leaves and hold the workers' passports, many work as insurance agents, travel agents, do not even know their current immigra- in post office service and so on. the house she tion status. However, when the government abol- cannot work for In most instances, workers arrive at ished the work permit system for anyone else and the offices of CFMW and Kalayaan with- domestic work in 1979 and introduced a out passports or money, possessing Concession to allow rich British ex- she does not have only the clothes they are wearing. Many patriots to bring their domestic workers a right to stay in are in a state of trauma and need coun- with them, this effectively denied the the country. seling and the support of their own women any rights as workers, including communities, as well as legal advice. It freedom of movement. Many were given is only slowly that they are able to "visitor" visas which stipulated that recover from their experiences, severely "employment paid or unpaid was strict- hampered by the fact that they have to ly prohibited;" others were given visas lead an "unauthorized" existence in the for employment, but all had the name of UK, still without worker's rights, and their employer written into the visa. under the constant threat of discovery Beyond the household of that named and deportation. The alternative is to individual, they had no right to stay in return home penniless and to expose the UK. their dependents to destitution. One key problem for domestic workers from the point of view of Kalayaan is the title they are given. "Maid", "servant", gested rates of pay while in the UK. While "household help", "domestic helper"—all noting the new Home Office initiative, signify that domestic work in the household Kalayaan fails to see how a "contract" where is not actually work. Employers sometimes the employee is not in a position to negoti- talk of the domestic worker as "part of the ate effective conditions is valid. These "con- family" and offer a "nice bedroom" in lieu of tracts" are not monitored and even the proper wages. Whereas most domestic work- government is not clear if they are binding in ers are employed in private households, law. Once again the government has failed to these migrant women and men are seeking to earn a living wage to support their own families. As one domestic worker from India said, "a nice room for me here SURVEY RESULTS in London doesn't pay my son's medi- cine." CONDUCTED BY KALAYAAN/CFMW

In Britain, a migrant domestic worker hese statistics JIV kiM-cl uri IOO<> C hvr.seas Domestic Workers vvho h.ul led ihi-ir who is brutalised by her employer cannot Temploy<.T.s .uul who were interviewed .11 KAI.AYAAN/O M\V between |.inu.irv file a case against him while in his house- [,]')l)2 .mil .March .^l.l'W). Thev repre.seiii .5' nationalities <>[ Ilniployvrs ami ?A hold, but if she leaves the house she can- n.ilion.iliiies ul Workers. The figures in ihe table show ihe peiicticifie ol workers who not work for anyone else and she does not upoi [fil ihe eStpi-rieiiCL's listed. have a right to stay in the country while her case goes through the courts. EXPERIENCE OF 1,000 WORKERS

l\viholot;ical abuse 8 .(>'*ii Imprisonment .•*'). l°o ABOUT KALAYAAN (threats, name lulling, idenieil pei mission lo leave Since 1987, Kalayaan has been working to uiiisi.ini shout inc.. insulis) household or allowed out restore fundamental workers' rights to only w iih chaperone) I'hv-.icjl abuse overseas domestic workers. By May 1991 Oiiuiii};. shovin», spilling, Passport tonli.stated O2.S'!ti the Home Office's only response to bur- kicking, be.uiii!!, cti. liv .1 by employer (and not geoning reports of abuse was the intro- member of the 1 loiiseholcU obtainable mi departure duction of measures such as an from employment) Sexual .is.s,mli or r.ipe 1 1.7"-n Information Leaflet and visa interviews Not paid ret'.til.iiiv TT.K11!) for domestic workers in UK embassies artiinpted. and threatened! Paid less than .lttreed abroad. These have had no discernible l effect on the overall incidence of abuse, No regular Inod 3N.V.'u in contrail 56.2J'!-'o which continued unabated. (piven leftovers, or Denial of linieofV otherwise denied looil) l On December 4, 1994, the Home from duties 5').^' 'o Noi bavins' a bedroom I"1.1 "•> Office introduced more "new measures" Avenue number of hours iforix-d cu sleep in a hallway, incorporated in "contract" of employment worked in a dav r.iP kitchen, bathroom, or .storeroom) to be signed by both employer and Mom hiy av er.ij;e salai y employee. It includes details such as a Not having a bed ld.Ci'.'ii (approx. IOT pounds) separate bedroom for the worker and sug- •Efl address the cause of the problem— lack proceedings; of the workers' right to change their 4. Overseas domestic workers who employer. have already left their employers Kalayaan's recommendations to the should not be categorized as government are as follows: "Overstayers" and should have their immigration status regularized. 1. Overseas domestic workers should have a status which recognizes that These measures would both deter they are workers in their own right; future abuse and redress some of the harms of our present abuse-ridden system.

ABOUT THE COMMISSION FOR FILIPINO MIGRANT WORKERS The Commission for Filipino Migrant Workers (CFMW) has been working with the Filipino community in the United Kingdom (UK) for the last 17 years. It has been able to harness the potential and energy of individuals and organizations to build a strong institution and offer more effective services. CFMW has a thriving community centre where an average of 20-30 people drop in daily. There are about 60,000 Filipinos living in the UK, the majority of them based in London. As an ethnic minority community, Filipinos face the many problems involved in accessing welfare Migrant workers and and social services. CFMW continues to families proudly display their cultural heritage at advocate for the rights and opportuni- the Nottinghill carnival 2. Overseas domestic workers should ties of Filipinos and promotes aware- in the UK. be allowed to change employers ness though advice, information, and within the same category of employ- training. ment; CFMW has a crisis intervention programme that responds to emergency 3. Overseas domestic workers who pur- situations confronting Filipino women sue legal action against their former in particular. Many Filipino domestic employers have the right to stay and workers leave their employers and come to work for the duration of the court to the centre for help and legal assistance. There are also Filipinas who leave to meet the needs of their own organisa- their husbands because of domestic tions, their peers and other groups they violence. In most of these cases, the work with. Activities include assertive- women will have a variety of needs; ness training, job hunting skills, team- housing, or at least temporary accom- building and leadership training project modation or even refuge, legal advice, planning, a women's forum, health work- usually in immigration; counseling as shops, seminars on rights awareness, v ur approach many of them carry the strains of years racism and sexism, and talks on t is two of verbal and physical abuse; and health Philippine development issues. pronged, one is to or medical attention. In the recent years, CFMW has Since many of the women cannot focused on women and youth, who continue to lobby receive social services because of their make up the majority of Filipinos in this the government to immigration status, CFMW relies on its country. It conducts a peer-counseling meet the needs of network of volunteers and supporters. training project for young people and is This is made up of various people, some also undertaking joint projects at all ethnic generous enough to open their homes schools with a significant population of minorities or provide financial assistance, and oth- Filipino students. It has just completed regardless of their ers with expertise and qualifications to a two-year women's trainers' training respond to the other pressing needs of course and continues to raise aware- immigration the women. ness of Filipino migrant women issues status. The other Our approach is two pronged: one is through workshops (now led by gradu- is to build and ates of the two year course), talks and to continue to lobby the various levels strengthen links of government and social services to other means of presentation such as meet the needs of all ethnic minorities drama. regardless of their immigration status. As Filipinos continue to migrate to The other is to build and strengthen this country and other parts of the world, reach those wht links within the community to reach abuse of their human and employment those who can help their fellow rights are on the increase. Ethnic can help their Filipinos. minorities bear the brunt of budget cuts CFMW has helped establish and and the shrinking social services. CFMW develop several Filipino organizations. It campaigns and advocates for equality, puts a high priority on empowerment protection, and safety of Filipino and has an educational development migrants and in this endeavor continues and training programme that builds to strive to build the involvement and skills and capacity at an individual and participation of the whole community organisational level. This provides par- and seek partnerships with others. • ticipants with the skills and confidence G7: UNITED BUILDING A NEW HOUSE KINGDOM

hey may allow us temporarily to beat him at his own BY BISI ADELEYE-FAYEMI game, but they will never enable us to bring about gen- AKINA MAMA WA AFRIKA Tuine change. -"The Master's Tools Will Never Dismantle the Master's House" hudre horde (1934-1993)

I hold a European Union pass- where I am from port. Sometimes when I am passing 1 am here through immigration points, I am because you were here, asked, "Where are you from?" 1 tell my there, and everywhere. interrogators to look at my passport, So now I have a right but they say, "Yes, we know you have To be here, a British passport, but where are you there, and everywhere. really from?" This is what I have to I do not need to remind people of say to that: the centuries of slavery, colonialism, Where are you from? arid imperialism which black people Please don't ask me and other people of color all over the world have suffered. However, contrary The perennial conflicts and wars to what conservative elements would which have beleaguered Africa over have us believe, slavery and colonial- the past few years have left the conti- ism are not echoes of some rather for- nent in a state of despair. The causes gotten, remote past, constantly of this conflict are as complex as they invoked by frustrated minority leaders are diverse. The factors are a combina- looking for an excuse to get their tion of struggles over resources, pow- "sponging," "lazy," "single parent," er, ethnicity, democratization, and a "jailbird," "violent" minority con- host of other variables. Then there are stituents off the hook. Slavery, colo- the foreign interventions by the nialism, imperialism, and world's superpowers, who used Africa neocolonialism are still very much as a battleground for ideological ccording to alive, so much so that almost the supremacy during the cold war. All entire global South and vast commu- manner of tyrants and despots were Nations nities of the North are impoverished propped up in a race for doctrinal terri- and lack access to basic resources and tory and showered with sophisticated Programme of amenities. military hardware and billions of dol- Action for African According to a United Nations lars in loans, which were promptly Economic salted away in Swiss banks. Programme of Action for African Recovery and Economic Recovery and Development This history has now caught up (UNPAARED) report published in 1991, with us. It is payback time, and we are )evelopment by 1995 there would be 400 million all caught in the most vicious cycle of (UNPAARED| Africans living in poverty, of whom 260 human suffering and deprivation report published million would be women. Global eco- imaginable. African nations cannot nomic restructuring has enabled inter- afford to pay back the debts, hence the in 1991, bu 199 5 national monetary institutions such as structural adjustment programs. there would be the World Bank and the International African people are now using the 400 million Monetary Fund to recolonize Africa stockpile of weapons they acquired through endless debt-servicing and years ago to wage endless wars; hence Africans living in the implementation of structural they constitute 75 percent of the poverty, of whom adjustment programs (SAPs), which world's refugee population of 15 mil- 260 million have devastated entire political, eco- lion. Due to the collapse of health-care nomic, and social systems. SAPs have systems, Africans cannot deal with the would be women. led to extensive cuts in services, scourge of HIV/AIDS that has devastat- unemployment, inflation, a sharp ed parts of East, Central, and Southern decline in standard of living, and a Africa. All these complex issues are massive brain drain. Middle- and high- no coincidence. For every deficient level managers, whom Africa needs system there is always a beneficiary. It badly for its recovery and develop- is not surprising that due to the state ment, seek a better working environ- of the African continent, there are a ment outside Africa. large number of African refugees, exiles, students, and migrants in vari- the Master's House long enough. We ous parts of the West. The same wanted to tell the Master that the roof applies to Eastern Europe, Latin was leaking, the door needed chang- America, and Asia. This has amounted ing, and the sewage stank. We believed to a recycling of slavery and coloniza- that in order to effect change, we need- tion on an even greater global level ed to have a direct investment in how than in earlier centuries. There are cur- structures were created. So we started rently millions of women working as showing up at policy meetings, and domestics, cleaners, and factory from the polite stares we received hands, or trafficked into the commer- when we started doing this work, it was " je wanted cial sex industry. The survival of entire obviously not expected that we would . to tell the communities in their homelands is one day want to tell the Master to his Master that the dependent on them. The very same face that we wanted to speak for our- economic adjustment policies that the selves. We now know there is no other roof was leaking, North tries to apply to communities in way. the door needed the South have not worked in their Our work in Akina Mama wa Afrika changing, and the own countries, and the convenient is now centered on advocacy, policy, scapegoats are the ethnic minorities, and international outreach in an effort sewage stank. We the poor, the single mothers, and any to bring home the global and make it believed thai in other "undesirables" who are regarded relevant to the lives of all the women as threatening to their way of life. It is order to effect in our communities, be they in Europe important to clarify here that my defin- or in Africa. Our history has taught us change, we needed ition of the North in this context is the that our struggles are interlinked and to have a direct predominantly white, male, upper- interdependent. In order to counter- class leadership and big-business investment in how balance the immense pressures of interests of the multinationals. There these broad but converging conserva- structures were is no homogeneous North in the same tive global interests, women all over created way that there is no homogeneous might have to consider the following: South; African people are now holding • Women need a thorough under- their own corrupt, collaborating standing of the systems which domi- leaders accountable. nate their lives and deprive them of My organization, Akina Mama wa their fundamental human rights, Afrika, was started in 1985 as a support including economic rights and a group for African women living in respect for bodily integrity. Britain. At that time there was a need • Women need to reconsider how to provide space for African women to negotiate with structures which use who required a culturally familiar envi- religion as political weapons of ronment in which to share their prob- oppression. lems and seek help. After years of • Women need to build up their providing welfare and front-line ser- capacity to act as agents of change. In vices, we decided that we had lived in the post-Beijing process the global women's movement must devote "I am happy that in my lifetime attention to mobilizing resources to something will be done about the carry out plans of action and, at the plight of women. In our time, we were same time, advocate for the resources brought up to believe that men were being committed at the Beijing more important than women and we Conference. were just born to serve them till we • Racism, as well as other forms of die. I now know this is not true. There discrimination, is still very predomi- is nothing that is hard that does not nant within the global women's movement. We must have the humility and integrity to come to terms with our own specific privileges wherever we are and assess how they impact on other women. Sisterhood might be global, but at the same time, sisters are not all the same, and they have different priorities. • The feminist movement has been recognized as the most powerful social force in the world. It is therefore no surprise that the most powerful conservative elements—such as the Vatican, Islamic fundamentalists, Christian fundamentalists, pro-lifers, big-business economic interests, and other right-wing elements—will do all within their power to crush this movement that so threatens their powers and privileges. It is vital that women forge long-lasting alliances on the is. local, national, regional, and interna- At the NGO activities in Huairou, lively tional levels. eventually become soft. There is noth- discussions were A few months ago I sent a message ing inside a man's trousers that is punctuated with to my 70-year-old grandmother in more important than what is inside a spontaneous outbursts of dancing Nigeria. She is a widow and a farmer; woman's head. There is nothing that is she lives in a rural area, is nonliterate, impossible. May you go well and come and has never heard of China. I told back well, and may the spirit of our her about the Beijing conference and ancestors be with you." what we were hoping to achieve. She My vision is a world in which got someone to write a reply, which I women and men can forge new tools have translated from the Yoruba: to build, not a Master's House, but a mmm AFRICAN REFUGEE WOMEN'S PROJECT place where there will be respect for Many African women now live in humanity and the dignity of Britain as a result of on-going humankind, a place where we will truly economic and political crises in appreciate the world through women's Africa, e.g. Somalia, Liberia, Rwanda, eyes. Nigeria, to name a few. The majority arrive here as refugee and asylum ABOUT AKINA MAMA WA AFRIKA seekers or migrants and are often Akina Mama wa Afrika (AMwA) is a single heads of households. In pan-African, non-governmental devel- addition, recent major changes in opment organization and registered British government policies with ranslated UK charity, set up in 1985 by women regard to refugees, benefits, legal aid from different parts of Africa, resident and other issues has led to an 1 fro m in the United Kingdom. Translated unprecedented increase in our Swahili, the name from Swahili, the name means 'soli- advocacy work with and on behalf of darity among African women', signify- African refugee and asylum-seeking means 'solidarity women and migrant women, ing African sisterhood. Akina Mama wa particularly with legal assistance. among African Afrika was founded to create space for AMwA programs for African refugee African women to organize women', signify- women in the UK include the ing African sis- autonomously, identify issues of con- following: provision of advice and cern to them. terhood. Akina information on asylum issues, refugee AMwA aims to provide solidarity, rights and welfare issues; information Mama wa Afrika support, awareness, and to build links and support concerning education, was founded to with African women active in the areas employment and training; training of of their development. African women's trainers in health promotion, cr eate space for organizations need avenues to place particularly HIV prevention; provision African women to their own issues on the agenda, and of counseling; advocacy and policy organize this is why we aim to strengthen links work with government authorities on with women's groups in Africa and the provision of health and community autonomously, North. We believe in networking as a services for African women. identify issues of vital developmental tool. AMwA has a concern to them. full-time staff of five, an Executive LEGAL ADVICE CENTRE Board of twelve, and an International The Legal Advice Centre is one of Advisory Council of eight women in the most frequented of our front-line various parts of the world. Using advo- services at AMwA. Possibly as a result cacy, provision of information net- of changes in government policy, there working and training, AMwA has four has been a dramatic increase in the program areas: Community demand for the services of our Legal Development; Human Rights; Advice Centre. The Centre is run as a Education and Research; International free legal advice clinic every Monday Development. Our key projects evening by our volunteer solicitors and include: barristers. Our Legal Advice Centre is run with permission from the UK Bar media interest in the issues it brings Council. up. For a campaign that was initially aimed at black women, we have HIV PREVENTION TRAINING acquired a very diverse target group. AMwA has been concerned with Interestingly, we have received the lack of a proper gender perspective requests for information from white in HIV/AIDS prevention and care ser- European women. Some other vices provided in the African commu- requests have also come from nity. Our response to this was to set up Thailand and various parts of Africa, an HIV prevention training project tar- especially South Africa.We learned geting African women and healthcare that skin bleaching is also widespread professionals, with training courses in that part of the world. Such has ental dis- that included: basic HIV awareness; been the interest in this campaign that tress and African women and HIV; effective com- we hope to re-launch it again with new munication and negotiating safer sex; posters and leaflets and more media breakdown health advocacy and alternative media coverage, in the very near future. emerges from tools in health promotion. social psycholog- AFRICAN FOOD AND NUTRITION ical and physical AFRICAN WOMEN PRISONERS PROJECT This particular project was instigat- The findings of our African Women ed by the dearth of information and factors, and Prisoner's Project point to the fact that resources in the UK with regard to women's mental the numbers of African women in UK African food and nutrition, in spite of prisons, particularly those on drug the fact that Africans are over-repre- health is deeply trafficking charges, is not declining. sented in coronary heart disease, affected by the Our activities on this project are stroke and diabetes statistics in social, economic focused on linking up with partner England and Wales. AMwA has pub- organizations in Africa to run nation- lished a general guide to African food wide campaigns against drug traffick- and nutrition giving brief information x.t in whic\ ing. This will be a means of stemming about African foods in all the food then live. the numbers of African women groups. This will form part of our increasingly being incarcerated in future project on prevention of UK/European jails. We will also contin- Coronary Heart Disease and stroke ue giving support to women in prison within the African community. through legal advice, counseling and representations to relevant authori- MENTAL HEALTH/DOMESTIC VIOLENCE ties. PROJECT Mental distress and breakdown CAMPAIGN AGAINST SKIN BLEACHING emerges from social, psychological Our poster and leaflet campaign and physical factors, and women's against skin bleaching has been one of mental health is deeply affected by the our success stories, thanks mainly to social, economic and political context in which they live. This is further com- effects on the girl-child. AMwA advo- pounded by oppression on the basis of cates for a combination of educational race, culture, disability, sexual orienta- strategies for grassroots communities, tion, age and class. In light of the dis- income-generating schemes for turbing increase in the numbers of women to raise their socio-economic victims of domestic violence seeking status, and the political will to follow our help, AMwA's Mental Health and through with legislation and policies Domestic Violence Project was set up. prohibiting FGM at all levels. We have developed our counseling, MwA and psychological support service for THE AFRICAN WOMEN IN EUROPE African women which is woman-cen- NETWORK female genital tered. It aims to offer individual and AMwA received funding from the group therapy for African women by European Commission to publish a mutilation, while African women informed by a view of newsletter in four European lan- deeply rooted women's psychology which places it guages. The newsletter, which will in people's within the appropriate social, econom- highlight activities of African women ic, cultural and political context. in Europe, is called 'Sisterlinks'. In cultural, social October 1992, AMwAconvened the and spiritual HUMAN RIGHTS first African Women in Europe confer- beliefs, is a There are many and various con- ence in London. Participants came cerns of African women who leave from France, Germany, The fundamental Africa to live in Europe as refugees, Netherlands, Italy, Scotland, Ireland, abuse of women's migrants, asylum seekers, students Switzerland, Africa and the United human rights and and partners. In addition, a generation States. A resolution was passed stat- of Africans who are of dual African- ing that there needed to be a network has devastating European nationality has also grown of some sort for African Women in effects on the up in Europe, and they also experience Europe. AMwA is coordinating the net- girl-child. various forms of discrimination. work, which operates on a loose basis, Examples of human rights abuses are sharing information, and linking up at draconian and discriminatory immi- strategic European and international gration laws, racial abuse, the fate of meetings. Around the same time, the refugees and asylum seekers, traffick- Black, Migrant, Asylum and Refugee ing in women, the plight of African Women in Europe Network (BWEN) women domestic workers, lack of was being set up, and women have employment rights, and adverse impli- been able to use BWEN as a means of cations of multi-cultural policies. keeping in touch and building AMwA believes female genital mutila- alliances with other ethnic minority tion, while deeply rooted in people's women in Europe. cultural, social and spiritual beliefs, is a fundamental abuse of women's human rights and has devastating AFRICAN WOMEN'S LEADERSHIP INSTITUTE essential to the future of the African women's movement. The African Women's Leadership In the years that Akina Mama wa Institute (AWLI) is a regional network- Afrika has been in existence, our vision ing, information and training forum, has been to be a leading African which trains women aged 25-40 in crit- women's non-governmental develop- ical thinking on gender issues, organi- ment organisation in Europe. We have zational and resource development been building our organisation and and strategic planning. The AWLI has networks of African women based in two main features. First, the AWLI will the North for the empowerment of serve as a network of young African African women. In this way, we are women (25-40) who provide profes- developing an innovative and non- sional support, advice and informa- Eurocentric framework for analyzing tion, and share expertise among the role of African women both in themselves. Second, the AWLI will Africa, and as migrants in the North, convene an intensive three-week resi- and provide a base for the large dential leadership training institute amount of expertise and skill of every year in a different African coun- women from Africa now living outside try. The ultimate goal of the AWLI is to the continent. Over the years, our encourage and train significant num- vision has broadened and we are now bers of women for leadership posi- set to be a leading African women's tions that will ultimately promote a NGO in Europe with strong links in progressive African women's develop- Africa. By having a clear view of the ment agenda. The development of a kind of house we would like to build, feminist constituency among the next we are well on t he way to fulfilling our generation of African women leaders is new vision. • G7: UNITED LEGISLATIVE STRATEGIES TO ENSURE THE RIGHTS OF AMERICA BATTERED IMMIGRANT WOMEN

BY LENI MARIN* n the United States today, women and children constitute approxi- FAMILY VIOLENCE mately two-thirds of all legal immigrants. This is in sharp contrast to the years prior to 1930, when migrant men comprised between 60 PREVENTION FUND I to 70 percent of newly arrived immigrants. Then, women were discour- aged from immigrating because the U.S. preferred and recruited male laborers only. One major reason is that single men without families were also easily deportable when their labor was no longer needed.

The rise in women immigrating inde- isolated in the U.S. and without sufficient pendently today can be seen as a reflec- knowledge of the language, culture and tion of the changing labor needs of the legal and social systems. U.S. As the U.S. has moved from an indus- Immigrant women suffer a triple bur- trial economy to a service economy, low- den of discrimination based on their sex, paid, low-skilled jobs have been created race and immigration status. Increasing for which immigrant women are explicitly evidence indicates that there are large recruited. Women also comprise a signifi- numbers of immigrant women trapped cant portion of undocumented immi- and isolated in violent relationships, grants and refugees who settle in the U.S. afraid to turn to anyone for help. A survey Many of them, particularly undocumented conducted by the Immigrant Women's women from developing countries, are Task Force of the Coalition for Immigrant

' The author wishes to acknowledge and thankDeeana ]ang, J. D. and LeWVolpp,}. D. for their contributions to this article. and Refugee Rights and Services police. Her husband flees before the (CIRRS) in northern California revealed police arrive. The officer who that 34% of Latinas and 25% of Filipinas responds makes a report and then surveyed had experienced domestic vio- asks her for her "green card." lence either in their country of origin, in the U.S. or both. Such compelling stories as these Battered immigrant women face a prompted the Family Violence complex and harsh reality. The follow- Prevention Fund (FUND) to create its ing vignettes illustrate some of the Battered Immigrant Women's Rights issues confronting them: Project in 1990. The project has four main objectives: • Carla, a Guatemalan woman, has lived for five years with her 1. Develop and advocate for effective boyfriend, a legal permanent resi- national public policy and interna- nc wasing dent. When she asks him about get- tional instruments to improve the [ evidence ting married so that she can apply lives of battered immigrant women for her own legal residency, he beats and their children; indicates that her and accuses her of only wanting there are large to be with him so she can get her 2. Produce culturally and linguistically numbers of immigration status recognized. accessible resources and provide immigrant technical assistance to better • Tai Lin, a Chinese woman, has diffi- respond to the specific issues faced women trapped culty finding support to escape her by battered immigrant women; and isolated in abusive husband. She lost her fac- violent tory job because she has no work 3. Increase public awareness on the permit. The immigrant service complex issues facing battered relationships, agency she approached encourages immigrant women and the barriers afraid to turn ic her to stay with her husband and that they face because of language anyone for help. advised her to try her best to cope and culture, immigration law, etc.; with her difficult situation. Moreover, because she only speaks 4. Organize networks and coalitions to Cantonese, the battered women's strengthen and coordinate efforts to shelter that she calls cannot com- assert the rights of battered immi- municate with her. grant women on the local, regional, national and international levels. • Leticia, an undocumented Filipina woman, went to civil court and The work of the project has been obtained a restraining order against particularly challenging in the face of her violent husband. When her hus- anti-immigrant sentiment and xeno- band comes to her house violating phobia fomented by the activities of the restraining order, she calls the right-wing politicians, organizations M and individuals. The passage of such dren, the pressure to return to an abu- state legislation as Proposition 187 in sive spouse is enormous. Her options California is a brazen example of attacks are dangerously limited. If she gets dis- on immigrants. The measure denies abled because of the abuse, disability health, education and other social ser- assistance is no longer available to her. vices to undocumented immigrants. Since 1989, advocates for the legal This initiative has been a greenlight to and civil rights of battered immigrant other national politicians to promote women have targeted the need for pub- even more restrictive policies in order lic policy reform in U.S. immigration to further their political careers. laws to effectively respond to those who suffer domestic violence. Under the Immigration and Nationality Act, U.S. citizens and permanent residents can, but are not required to, file relative visa petitions so that their spouses can obtain legal permanent residency through the marriage and legally reside in the U.S. Citizen and resident spouses choose when and whether to file visa petitions and they can revoke those petitions at any time prior to the issuance of permanent residency to their spouse. The power to keep a spouse in permanent risk of deportation provides batterers who are citizens and legal permanent residents with a coercive tool to keep abused immigrant women and family members in violent relationships. Many immigrant women live in Advocates for immigrant women's rights in the U.S. from extremely dangerous situations in fear left to right: Beckie Masaki of The results have been devastating for their lives because their batterer the Asian Women's Shelter, for both legal and undocumented immi- spouses threaten them and their chil- Helen Zia, Leti Vo/pp, and dren with deportation if they seek assis- Deeana Jang at the NGO grants alike. The recently passed feder- activities in Huairou. al legislation on welfare and tance from the police or report their immigration reform denies public bene- abusive behavior. For example, if a fits to both legal and undocumented woman tries to run away to a domestic immigrants. For battered immigrant violence shelter, the batterer spouse women, the implications are severe. may go to the immigration authorities Lacking the much-needed safety net for to withdraw his petition for her docu- basic survival for herself and her chil- mentation and have her deported instead. In this way, he also escapes In 1990, a waiver to the IMFA was being prosecuted for criminal offenses enacted, enabling a battered immigrant related to the physical abuse of his wife. woman to obtain permanent legal status without going through the second joint application, thus removing the condi- NETWORKING AND COLLABORATION tional status of her legal residency. Because of these alarming phenomena, the FUND has collaborated closely with 2) VIOLENCE AGAINST WOMEN other national immigrant rights, ACT (VAWA): Before this legislation women's rights and domestic violence was enacted, a battered immigrant organizations, including AYUDA, Inc., woman had no recourse or option to . ollaboration National Immigration Project of the remove herself from domestic violence • was key in National Lawyers Guild, NOW Legal when an abusive spouse who is a citizen Defense and Education Fund, among or permanent resident withdraws or cementing a others, to educate policy makers on the refuses to file a petition to sponsor his ommitment from immigration laws that fostered these wife for legal status. But with the enact- situations. This type of collaboration ment of VAWA in 1994, battered immi- was key in cementing a commitment grant women can now self-petition on take up the from other groups to take up the inter- their own behalf to become legal per- interests of ests of battered immigrant women. As a manent residents without relying on result, two laws were passed to provide their abusive spouses. She can also battered relief to battered immigrant women: apply to become a permanent resident immigrant if her spouse had begun the process of women. As a applying for her residency papers and 1) IMMIGRATION MARRIAGE FRAUD result, two laws AMENDMENT (IMFA): Under previous then later withdrew the petition, or if immigration law, immigrant women who the petition is still pending. Battered were passed to have been married to U.S. citizens or immigrant women who self-petition provide relief to lawful permanent residents for less than may include their undocumented chil- twenty-four months at the time of resi- dren in their application. Children who battered dency are granted only a "conditional are abused by citizen or resident par- immigrant residency" for two years. Within ninety ents may also apply for this remedy. women. days before this two year waiting period Finally, a woman who has not been ends, the couple must file a joint appli- abused herself can also self-petition to cation to have the condition removed, become a permanent resident if she is a so they can obtain permanent residency parent of a battered child abused by the status for the woman. Because of this woman's citizen or permanent resident policy, battered immigrant women were husband. forced to endure the abuse and remain trapped in the relationship for two years These two laws are major victories in to remove the condition on her papers changing policy that endangers bat- so she can stay permanently. tered immigrant women and will make a difference in saving women's lives. In approached NOWLDEFto integrate pursuing these hard won policies, bat- such a provision. tered immigrant women's advocates This initiative established the col- learned valuable lessons in forging collaboration to ensure that the passage of laborative relationships with the the the VAWA would also contain both the mainstream women's movement. civil rights protection and the battered In 1991 when there was little oppor- immigrant women provision. At this tunity to change immigration law, it was point, the FUND, together with the oth- a challenge to find the most viable vehi- er groups previously mentioned, formed p^ ctwists must cle that could change the immigration the National Network on Behalf of _ ^ build and laws that foster domestic violence. Battered Immigrant Women. This infor- Coincidentally, on a separate track, mal network was able to facilitate more strenathen National Organization for Women Legal communication and discussion among strategic linkages Defense and Education Fund (NOWL- immigrant rights, domestic violence and women's rights advocates on the that are multi- DEF) was spearheading the work to get policymakers to enact the Violence the intersection of immigration law and national multi- Against Women Act. This was a major violence against women. This collabora- level, and thai federal bill that would provide substan- tion committed itself to ensuring that tial institutional response and the provision to protect battered immi- engage the resources to reduce violence against grant women become a part of VAWA. movements for women in America, including more Throughout the three years from the human rights, funds for domestic violence shelters, formation of the collaboration to the training of judges, community and women's rights, final passage of VAWA, there were con- advocate partnership with law enforce- stant position shifts among senators immigrant rights, ment, resources for better lighting in and representatives with regards the and economic the parks for better security, etc. provision to protect battered immigrant rights to The proposed bill also contained a women and the civil rights protection. significant provision that gives civil However, even with the tireless work and substantially rights protection to those women who dedication of advocates to incorporate integrate the become victims of violence, such as in these two provisions, the VAWA that was issues of battered the case of rape and domestic violence. adopted by the House of Representatives This vital provision was NOWLDEF's contained the provision to protect bat- immigrant main commitment to VAWA. However, tered immigrant women and children women on their from a migrant women's perspective, but not the civil rights protection. On aaenda. this piece of legislation would be much the other hand, the VAWA Senate ver- more inclusive if it included a specific sion contained the civil rights provision provision on the protection of battered but not the immigrant women provision. immigrant women and children. Advocates had to strategize on how to Therefore, the FUND and other members get both key provisions into the final of the Policy Sub-Committee of the version to be voted on by Congress and Immigrant Women's Task Force of CIRSS signed into law by the President. During this most crucial stage, the policy reform initiatives to improve the National Network on Behalf of Battered lives of battered immigrant women. Immigrant Women and the NOWLDEF Furthermore, these networks should stood by their commitment to work col- collaborate to ensure the rights of bat- laboratively to ensure that both provi- tered immigrant women, not only on a sions were included in the final version. local and national level, but equally on The stance that was taken was that if an international level. only one of the provisions made it to Immigration is a global issue and the final bill, the advocates would not migrant women increasingly make the give full support to VAWA. This commit- majority of migrants. Activists must ment was critical in the negotiations build and strengthen strategic linkages among the Senate and House aides. In the end, both provisions made it to the final bill that was enacted into law. However, to ensure the fragile civil, legal and human rights of battered immigrant women, especially in the face of xenophobia and anti-immigrant sen- timents, the other organizing compo- nent must be more education and awareness among domestic violence advocates themselves, emergency shelter workers, legal advocates, immigration rights workers, women's rights activists and other social service providers on the plight of battered immigrant women. Without these education efforts, services will remain inaccessible to battered immigrant women and many immigrant Leni Marin (far left) with women will be unaware of their legal migrant women's activists rights and community resources avail- that are multi-national, multi-level, and discuss the U.N. Platform for able to themoassuring that battered that engage the movements for human Action in a Huairou caucus immigrant women will remain fearful rights, women's rights, immigrant and isolated. rights, and economic rights to substan- Networks and coalitions among tially integrate the issues of battered domestic violence advocates, family law immigrant women on their agenda. We and immigration lawyers,and women's must tackle this challenge if we are to rights activists from around the country succeed in ensuring the legal and can play a leadership role in identifying human rights of battered immigrant emerging issues and pursuing effective women and children. U m G7: UNITED ORGANIZING AMERICA IMMIGRANT WOMEN WORKERS

BY MIRIAM CHING LOUIE * At the Hearing on Economic Justice and Women s Human Rights at the 1995 UN World Social Summit in Copenhagen, former garment worker Chai Fen Lin tells of Asian immigrant WOMEN OF COLOR RESOURCE seamstresses slaving ten to fourteen hours a day, six to seven days a week. Coming to Oakland, CENTER California from Guangdong Province in China, Chai Fen followed the flow of immigrant women into the sewing sweatshops, where she made only $1 an hour at piece rates. She now works as a housekeeper in a convalescent home by day and is a Membership Board volunteer with Asian Immigrant Women Advocates by night.

* In Beijing at roundtable discussions between women workers during the 1995 UN 4th World Conference on Women, Carmen Ibarra came from El Paso, Texas to report on the experiences of Mexican immigrant women. These migrant women get cheated out of their wages and jobs, says Ibarra. Meanwhile, the US Border Patrol erects military blockades to stop poor workers from coming in—but not jobs from going out, post-NAFTA. Originally from Chihuahua, Mexico, Carmen worked 23 hard years as a seamstress and came to La Mujer Obrerafor help, then as a volunteer and subsequently full-time staff organizer.

t's a long way from Oakland to women workers' groups organizing Copenhagen, from El Paso to across the globe. Their organizations I Beijing. But these two immigrant spring from what activists have labeled working women recross oceans and bor- the "feminization of labor" and "femi- ders to connect with sister migrant and nization of migration," trends fed by globalization of the economy. The cur- ASIAN IMMIGRANT WOMEN rent model of economic development— ADVOCATES with its emphasis on the market Chai Fen Lin says AIWA helped her economy, production for export, unre- break the extreme isolation she felt as a stricted trade, privatization, tax incen- new immigrant knowing no English, tives for the rich, cuts in social spending, slaving in a sweatshop 10 hours a day and holding wages down—relies increas- before returning home exhausted to ingly on the underpaid and unpaid labor raise her kids. Launched in 1983, AIWA of women. And the push for free move- is a community-based group that orga- ment of trade and capital, the destruc- nizes immigrant women working in the tion of agricultural based communities and the environment, violence, wars and regional conflicts have spurred women's migration across borders. In receiving countries, corporations profit from the exploitation of migrant women in low-waged manufacturing and service industries; upper and middle class families benefit from the labor of migrant domestic workers; and criminal syndicates and many men gain from sex trafficking in women and girls. In the sending countries, corporations, governments, labor contractors and crime syndicates have grown dependent on migrant women workers' remittances, foreign exchange, licensing fees and extorted labor. During the UN conferences on the environment, human rights, population and development, social problems and women, migrant and women workers' Carmen Ibarra of La Mu/er groups organized numerous exchanges garment, electronics, hotel, restaurant, Obrera {with microphone) speaking at workshop on migrant of strategy and organizing methods. nursing home, janitorial and other low- and women workers. Seated, What follows are but two examples from waged industries in the San Francisco (from left) are Mailel Ledesma of the US of organizing methods used by Bay Area and neighboring "Silicon the Commission of Filipino Chai Fen's and Carmen's organizations: Valley." AIWA used different methods Migrant Workers (Europe), and Asian Immigrant Women Advocates Young Shin of Asian Immigrant and projects to build a base of trust, Women Advocates (AIWA) and La Mujer Obrera (The membership and leadership among Woman Worker). local women workers. Currently AIWA pursues an organizing process with three intersecting components: educa- In 1995 AIWA started citizenship tion and analysis, leadership develop- classes in response to escalating anti- ment and skills building, and collective immigrant attacks. Especially with pas- action for change. sage of the punitive 1996 immigration and welfare reform legislation which Popular Education for restricts immigration and eliminates Transformation: Like many of AIWA's many federally funded services for even members Chai Fen says, "I first came to legal immigrants, the demand for the AIWA to learn English and improve classes has grown. The preparation for myself. AIWA's Workplace Literacy the test covers US history, the . . (asses use Classes teach us survival English and our Constitution and Bill of Rights, which rights in the US." Arranged on Sundays, provide opportunities for workers to popular seamstresses' only day off, or right after analyze US expansionism and racialized education other workers get off their shifts, the labor exploitation and to learn what classes use popular education methods rights are guaranteed vs. accessible. methods to draw to draw out and connect women's stories Workers graduating from the Workplace out and conned and experiences to an analysis of larger Literacy and Citizenship classes have women's stories structures of oppression, and encourage been recruited and trained to serve as them to visualize and express their rights teachers of classes for new groups of to an analysts of and dreams. For example, before coming women. larger structures to AIWA, many women knew nothing of oppression, about their right to the minimum wage. Leadership & Skills Development: Now they demand to know why they're and encourage Chai Fen and other garment, electron- not getting it. ics, hotel, nursing home workers now them to visualize When workers expressed fear about plan and implement many of AIWA's and express their coming to evening classes, teachers drew projects. The four Project Committees— rights and out discussion about why workers were Outreach, Education, Events and afraid. Subsequent curriculum then cov- Fundraising—conduct outreach, pro- dreams. ered the problems and causes of vio- vide bilingual services, participate in lence and sexual assault against women developing curriculum and teaching and what could be done for women to Workplace Literacy classes, organize protect themselves. Curriculum drawn educational field trips and events for from an early Korean immigrant woman's women and their families, run life and to celebrate the birthday of civil Leadership Development training ses- rights leader Martin Luther King enabled sions, help write grant proposals, and new immigrants to both connect their raise donations for AIWA's work. The experiences with the history of racism Membership Board also assists workers and labor exploitation that previous who come to AIWA to get help in resolv- immigrants and racial minorities faced ing problems with their bosses. The and how their struggles improved the women have also begun to write and lives of subsequent generations. help produce editions of the workers' newsletter in Chinese and Korean. gual hotline for workers to report any violations of their rights in shops con- Collective Action for tracted with McClintock. Additionally, Accountability: Popular education, the workers received an undisclosed enfranchisement, leadership develop- cash amount. Both sides agreed to ment and skills building goes hand in make efforts to improve conditions hand with women workers asserting within the garment industry. Through their rights against oppressive industry, the course of the campaign, the women societal and family structures. AIWA focused a spotlight on manufacturer encourages workers to organize and act and retailer responsibility for rampant collectively for social change. These sweatshop abuses. They served as role W corpora- actions take place at big and small lev- models of immigrant women workers W c els, from the unprecedented act of cir- who dared to stand up for their rights tions to show culating petitions inside garment and overcome intimidation, blacklisting sweatshops against anti-immigrant and denial of their free speech rights. bills, to writing letters to a convalescent Workers and AIWA also initiated broad- compassion for the care home that was abusing workers er campaign support committees in workers. We want and patients, to pressuring electronics cities across the US, thus creating an protection for the plants to provide first aid kits, better infrastructure of support for future orga- ventilation, change the work process to nizing. AIWA is now going to other man- workers and the reduce repetitive stress injuries, and ufacturers asking them to also "do the environment in pay some work related medical expens- right thing" and show corporate respon- trade agreements. es. AIWA runs a Garment Workers sibility by signing a similar agreement. We want the Organizing Project and an AIWA is trying to bring the three ele- Environmental Health and Safety ments of its organizing process into government and Project for electronics assemblers. closer intersection. Chai Fen says, "To the politicians to After three and a half years of orga- change a problem that has built up for stop blaming and nizing the Garment Workers Justice over a century is not easy. Let us stand Campaign, workers set an historic up and speak up before it is too late. We attacking precedent by winning corporate respon- want corporations to show responsibili- immigrant worker sibility. The case first arose when 12 ty and compassion for the workers who and their families women were left holding bad checks made them rich, whether or not those when the sweatshop where they worked workers are directly employed by the closed down after garment manufactur- company, or indirectly employed er Jessica McClintock ended business through subcontractors. We want pro- relations with the contractor. In March tection for the workers and the environ- 1996 McClintock and AIWA reached a ment in trade agreements so that settlement which included an education corporate profits do not come at the fund for garment workers about their expense of workers' lives and the envi- rights; a scholarship fund for garment ronment. We want the government and workers and their children; and a bilin- the politicians to stop blaming and attacking immigrant workers and their tion, housing, peace, democracy and families." justice through a comprehensive education, community organizing, and development strategy." LA MUJER OBRERA Worker organizer Carmen Ibarra says La Escuela Popular: A food bank for that La Mujer Obrera is planning a big both employed and unemployed gar- celebration for its 15th anniversary. ment workers was one of the first pro- Founded in 1981, La Mujer jects La Mujer Obrera initiated to both Obrera/Centro del Obrero Frontarizo is meet the immediate needs of workers / hen owners an independent workers' center based and begin organizing. At educational . ! tried to in working class Mexican immigrant workshops conducted by former gar- close down and community in El Paso, Texas. Carmen ment workers, workers first learned explains that over 70 percent of El about their rights. After the workshops, move, Paso's residents are of Mexican descent; the women went to the food bank where seamstresses many do not speak English, did not fin- they got free bread and bought tortillas organized by La ish school in Mexico because they had and milk at a big discount. La Mujer to start working at an early age and have Obrera no longer runs the food bank but Mujer Obrera not had time to go to school in the US continues La Escuela Popular where chained because of job and family responsibili- workers learn and teach each other themselves to ties. The economy of El Paso is based about organizing and their civil, labor on manufacturing sales, a large military and human rights while studying their sewing intelligence center and base, and ser- English and citizenship. machines until vices, most of which are strongly linked they were dragged to Mexico. In fact, Texas was part of Mexico until it was forcibly annexed in away by police. Community Organizing for 1848. Carmen says that since the pas- Accountability: La Mujer Obrera has The women then sage of NAFTA in 1993, "The situation helped women garment workers cheat- staged a hunger has become even more grave. We are ed out of their back wages to win over explaining and calling on workers to strike. $200,000. Sweatshops often open for fight for their rights under NAFTA." short periods of time to fill a contract La Mujer Obrera has reorganized its from a big manufacturer, but then close work accordingly. Carmen explains, "We down when the work was done, reopen- started out organizing workers in the ing under a different name with a differ- garment industry, as the biggest ent contract, leaving workers unpaid. employment sector. But as garment Thousands of garment workers were workers and the economic crisis moved owed back wages. La Mujer Obrera pres- into other industries, we also moved sured local, state and federal officials to with them. We are dedicated to defend- take responsibility, organizing workers ing and fighting for our community's to deliver testimony at grand jury inves- rights to jobs, education, health, nutri- tigations on sweatshop abuses. When workers at Diana's Fashions were being Johnson, Alcoa-Fujikura, Seimans, cheated out of the back wages and own- Hasbro, and Swift-Eckrich. ers tried to close down and move to La Mujer Obrera blew the whistle, another location, seamstresses orga- exposing the fact that nearly all of these nized by La Mujer Obrera chained them- companies had also developed facilities selves to their sewing machines until in Mexico during their stay in El Paso, they were dragged away by police. The and "appeared to be using El Paso as a women then staged a hunger strike. trampoline for establishing operations Although the workers are still owed in Mexico and Latin America." Further- $84,000 in back wages, they succeeded more, based on the fact that nearly 40 in raising public awareness and getting manufacturing companies in El Paso, a state law enacted that establishes employing almost 30,000 workers, also criminal penalties, including imprison- have plants in Mexico, La Mujer Obrera ment, for non-payment of wages. La Mujer Obrera has gotten more rigorous investigations of workplace violations and expanded services to immigrant workers by enforcement agencies. The group also helped initiate the Texas Rural Legal Aid's Garment Industry Project to provide legal support to immigrant workers' organizing, and pushed the city to invest $367,000 into expanding childcare services and economic opportunities for low-income women workers.

Taking on NAFTA: La Mujer has increasingly turned its attention to stopping the erosion of workers' jobs and rights in the face of NAFTA. Dozens of factories have closed and thousands Migrant worker from of jobs in the retail, garment, electronic, Indonesia gives testimony at and service industries have been lost in projects that an additional 6,000 jobs Migrant Women Workers pursuit of cheaper wages and lessened could soon be lost. Most of the dis- March in Huairou regulation. Although some of the run- placed workers are Spanish-speaking away companies have been in El Paso Mexicans and Chicanos (US-born people for up to 30 years, a growing portion of of Mexican descent) who were earning those "making a run for the border" are around minimum wage and are now multinational corporations relatively searching for work in a depressed job new to El Paso, such as Johnson & market. La Mujer Obrera finds that NAFTA for these workers. This project would: implementation has been buttressed by activate an Emergency Team to establish stronger national border control and an adequate program of assistance and hardening of anti-immigrant policies. El training that does not discriminate Paso is one of the country's busiest against low-income Mexicano/Chicano entry ports. The city is also the site of workers; establish a bilingual vocational two major US Border Patrol initiatives training center that serves as a "one- to "seal off" the border, including stop" orientation, service and training Operation Blockade where Border center for displaced workers and those Patrol agents were stationed 24 hours a facing layoffs; develop a family-based ince we day for nearly 20 miles along the border, Cultural Plaza as a means of creating and a 1.3 mile long 10-foot high wall long-term economic opportunities for Beijing, the along the border. Low-income Mexican Mexicano/Chicano workers while sus- and Chicano workers, regardless of their taining culture. Additionally, La Mujer situation of immigration status, have been increas- Obrera has called for suspension of ingly subjected to harassment, interro- NAFTA's provisions that enable manu- workers has gation and illegal confiscation of their facturing companies to easily leave until documents and belongings. a comprehensive program for replacing aotten worse and La Mujer Obrera organized workers jobs and adequate training is estab- worse. The US to protest Border Patrol actions and tes- lished. The group has filed a formal com- wants us to go tify before two state legislative bodies plaint with the US Department of Justice on racial discrimination and violation of back to Mexico, on NAFTA's impact; representatives met with officials with the US Department of civil rights of low-income Chicano/ yet theu are Labor and developed and distributed a Mexicano workers in El Paso and along exploiting people series of flyers and newsletters locally the US-Mexico border. And Cecilia and nationally. In a joint effort with the Rodriguez, one of La Mujer Obrera's Sociology Department of the University founders, now heads the National there too. But w of Texas at El Paso, a team of workers Commission for Democracy in Mexico, which organizes in support of the are going to stai from La Mujer Obrera conducted a survey about the living and working condi- Zapatistas, indigenous and other poor in the struggle.' tions of women working in large, communities hurt by NAFTA and similar medium and small factories. The survey policies on the other side of the border. documented exploitation of the women, Both La Mujer Obrera and AIWA, the need for enforcement of labor laws, along with sister organizations like development of retraining programs, Chinese Staff and Workers Association, and assistance for women who have giv- Korean Immigrant Workers Advocates, en their lives to enrich industries. Centra de Trabajadores Latinos and oth- La Mujer Obrera is demanding a $25 ers, joined forces to establish the million vocational impact fund to sup- National Workers' Center Consortium as port workers in the border areas, which a national independent voice for the will assist in finding or creating new jobs many immigrant and racial minority workers unprotected by trade unions. and worse. The US wants us to go back Women workers from La Mujer Obrera to Mexico, yet they are exploiting peo- and AIWA have also participated in a ple terribly down there too. But we are number of workers' exchanges organized going to stay in the struggle. We want to at national, regional and international make a change that will finally be in the levels, often with the support of church workers' favor. We think workers have to networks and progressive funders. be treated with respect. We need jobs. Carmen concludes, "In the year We need to sustain our families. We are since we went to Beijing, the situation here to struggle until the final moment of immigrant workers has gotten worse that we win."

For more information, contact:

AIWA and La Mujer Obrera 310-8th St., Suite 301 c/o Centra Obrero Inc. Oakland CA 94607 PO. Box 3975 Tel: (510)268-0192 El Paso TX 79923 Fax:(510)268-0194 Tel: (915)533-9710 e-mail: [email protected] Fax: (915)544-3730 e-mail: [email protected] GLOBAL TRAFFICKING IN WOMEN: SOME ISSUES AND STRATEGIES

BY LIN-LAP CHEW n the last three years, parallel to the activities in relation to the big FOUNDATION AGAINST U.N. World Conferences — on Human Rights (Vienna), Population TRAFFICKING IN WOMEN (Cairo) and Women (Beijing) — NGOs have been working actively to (STV) I put on the agenda trafficking in women as a manifestation of violence against women, which constitutes a violation of human rights. This has been successful in that trafficking is specifically mentioned in all the resulting Declarations and plans of action. For example, the "Vienna Declaration and Programme of Action," adopted by the World Human Rights Conference in June 1993 (Paragraph 1/18) states:

"Gender-based violence and all forms economic and social development, educa- of sexual harassment and exploitation, tion, safe maternity and health care and including those resulting from cultural social support." prejudice and international trafficking are The inclusion of gender violence incompatible with the dignity and worth of (including trafficking in women) in the the human person, and must be eliminat- human rights agenda is a political victory. ed. This can be achieved by legal mea- It implies the recognition that keeping sures and through national action and women in a subordinate position is a international cooperation in such fields as politically construed reality, which is maintained by patriarchal interests, ide- demands of the "consumers" are getting ologies and institutions, and therefore more and more cruel and degrading, can be dismantled. Strategically, nation while the trafficking networks are states can now be held accountable for becoming more organized and violent their efforts to suppress gender vio- in their business. Furthermore, the lence. workshop also concluded that national However, most existing national and governments play a significant role in international legislation and bureau- exacerbating the situation by: cratic measures addressing this issue only deal with trafficking for prostitu- a. promoting "migrant labor export" tion, and only when there has been without stringent laws and supervi- transport of persons across borders. The sion to protect the rights and welfare millions of migrant women workers of the workers; everywhere in the world, who are Demonstration held in extremely vulnerable to material, physi- b. neglecting to secure the rights and Tokyo in 1994 to cal, psychological and sexual exploita- protection of particularly women expose the issue of tion, have absolutely no recourse to "comfort women." laws which protect their rights.

INTERNATIONAL STRATEGIES AND A GLOBAL NETWORK Foundation against Trafficking in Women (STV) is a founding member of the Global Alliance Against Traffic in Women (GAATW), which was launched in Chiangmai, Thailand in October 1994, where 75 women activists, social workers, researchers, policymakers, jurists and civil servants, coming from 22 countries and representing some 40 organizations, recounted experiences of women trafficked within southern regions, as well as to west- ern/northern countries. One sad but unanimous conclu- sion was that there seems to be an explosion of trafficking; that trafficking routes criss-cross each other faster than we can document them; that the migrants in their respective states, Various existing international legal thus rendering them dependent on human rights instruments offer points 'third parties' and middle-men; of reference and should be examined further and if necessary improved and c. denying women migrants opportuni- strengthened. The most relevant ones ties to work in the formal regulated are article 6 and 19 of the Convention sectors by upholding repressive on the Elimination of Discrimination immigration and migrant labor laws. against Women (CEDAW), the International Covenant on Civil and Member organizations of the Global Political Rights, the Convention on the \he demands Alliance in different countries are Rights of the Child, and relevant engaged in victim support work, running International Labor Organization (ILO) crisis centers, education and informa- Conventions (those concerning migrant 'consumers ar> tion work in prevention projects, advo- workers' rights, forced labor, freedom of getting more cacy for women migrant workers' rights association). and for better legislation and policies. The problem with most of these and more cruel Because of the transnational scope of international instruments is that they and degrading, the problem, one of the priorities of the do not have strong monitoring mecha- while the Global Alliance is to facilitate exchange nisms or the ability to receive individual of information and practical experi- or group complaints against violations. trafficking ences with each other and cooperation While some work has been done to networks are. where needed and possible. review and improve some of the above becoming more mentioned conventions and to make practical applications to contemporary oraanized and UN INSTRUMENTS TO COMBAT situations, the 1949 Convention has violent in their TRAFFICKING IN WOMEN remained unchanged. business The most explicit in this series of inter- Two positive recent developments national instruments is the Convention on the level of UN instruments is the on the Suppression of Trafficking in adoption of the Declaration on the Persons and of the Exploitation of the Elimination of Violence Against Prostitution of Others, dating from Women, adopted by the U.N. General 1949. As the only convention dealing Assembly in December 1994, and the explicitly with trafficking, it has proven appointment of a Special Rapporteur on to be ineffective for the simple fact that Violence Against Women in April 1994, we are seeing today a dramatic increase in whose mandate "forced prostitution instead of decrease of the problem it is and trafficking" is included as one of the meant to address. It is also no longer issues to investigate. adequate to address the contemporary situation, since it does not define trafficking in persons, but equates traffick- DEFINING THE PROBLEM ing implicitly to prostitution. In the process of research for the report, it became clear that a fundamental or other forms of coercion. problem in responding to the issue of trafficking in women is the lack of a "Forced Labor and Slavery-like precise and unambiguous definition. The Practices": The extraction of work or traditional concept of trafficking focuses services from any woman or the appro- only on prostitution and addresses priation of the legal identity and/or mainly the 'procurement' aspect, based physical person of any woman by means on concern for 'innocent' girls who of violence or threat of violence, abuse should be protected against being lured of authority or dominant position, debt- into brothels, but largely ignoring the bondage, deception or other forms of abuses and the slavery-like conditions inside the brothels. Moreover, the coercion. traditional concept does not address the contemporary forms of trafficking, such as the traffic in women through commercial marriage bureaus and the trade in domestic workers. Recent international documents also fail to offer a clear definition of trafficking in women. Some are even quite confusing, e.g., mixing up trafficking and illegal migration or smuggling of persons, or simply equating trafficking with prostitution. Even the 1949 U.N. Convention on Trafficking In Women fails to define the two most central terms of 'trafficking in women' and 'forced prostitution'. The following working definitions were developed by the Global Alliance to cover abusive working and living conditions and abusive brokerage practices occurring in both public and domestic Havana Supapung, Director spheres: of Friends of Thai Women In formulating these definitions the Workers in Asia (FOWIA) in "Trafficking in Women ": All acts Global Alliance went back to two inter- workshop organized by involved in the recruitment and/or national agreements: the League of Migrant Forum of Asia and World Counsil of Churches transportation of a woman within and Nations Slavery Convention of 1926 and across national borders for work or ser- the Supplementary Convention of 1956, vices by means of violence or threat of which condemn all slavery-like prac- violence, abuse of authority or domi- tices, including debt-bondage and nant position, debt-bondage, deception forced marriage and the ILO Forced Labor Convention no. 295. These con- The basic principle underlying both ventions have broad international definitions is the human right of all acceptance and clearly describe the sit- women to have control over her own life uations at hand. and body. This includes the right of The crucial element in both defini- adult women working in prostitution to tions is coercion, which can take various make personal choices regarding their forms, including but not limited to: vio- lives and bodies. lence or threat of violence: including deprivation of freedom (of movement, of personal choice); deception: with CURRENT STRATEGIES ' "dangers' regard to working conditions or the In most countries of the world "traffick- of calling nature of the work to be done; abuse of ing", "forced labor" and "slavery" are rec- authority or by those in a dominant ognized as crimes and punishable by attention to these position: this can range from confisca- law. Internationally, trafficking in forms of human tion of personal documents to place women is acknowledged as a violation rights violations another person in a dependent posi- of the human rights of women. tion, abusing one's dominant social Numerous organizations anvd networks of women is that position, abusing one's natural parental in all sectors of social concern and states are authority or abusing the vulnerable activity are beginning to address this position of persons without legal status. inclined to take issue, and the numbers of advocates of In addition, "work or services" the rights of migrant women are slowly repressive includes all domestic, sexual, reproduc- but surely growing in the last decade. measures when tive or other services rendered under Moreover, one of the "dangers" of theii decide to do the above-mentioned conditions of calling attention to these forms of coercion, regardless of whether these human rights violations of women is something about services are recognized as work, whether that states are inclined to take repres- the situation. they take place under a work contract or sive measures when they decide to do whether they take place under a mar- something about the situation. riage contract. Also, "appropriation of Governments in countries of destina- the legal identity and/or physical per- tion, for example, enact more restrictive son" refers to the concept of partial or immigration laws, place bans on total ownership as used in the Slavery migrant women in the prostitution sec- Conventions, but the word "appropria- tor and impose stricter conditions regu- tion" is used to denote the act of claim- lating marriages between their male ing ownership of a person, acting as if citizens and foreign women, in order to one owns the person. "Appropriation of prevent "fake marriages." Governments the legal identity" can range from con- in countries of origin on the other hand, fiscating one's identity papers or sup- impose more stringent controls on plying a woman with a false identity to young women leaving the country on the loss of one's legal personality under suspicion of migration for prostitution, the marriage contract. and bans on women working overseas in unprotected (unregulated) sectors, which have shown some solicitude to like domestic work, when there are victims of trafficking are states which reports of abuse in these circumstances. use the women as witnesses for com- Upon analysis of state approaches, bating (organized) crime. The one sees that women victims of traffick- Netherlands and Belgium, in particular, ing for the purpose of marriage, domes- will grant temporary staying permits to tic work or prostitution, but most women on the condition that they file explicitly and unabashedly for prostitu- charges against their trafficker; unfortu- tion, are classified as "immoral persons" nately, the women are usually expelied committing "immoral acts" for "immoral after criminal proceedings without pro- earnings" or as "criminals," "illegal tection against reprisals. immigrants," "public vagrants," "illegal Women's organizing efforts are lead- workers" or persons "violated" by ing to a growing awareness of the harm- "immoral," albeit freely contracted, ful effect on women of national policies. labor. Recently, international organizations International conventions may rein- have begun to take issue with the state force those classifications of women in policies. As an alternative, these organi- their religious references to "immorali- zations have begun to propose or ty," economic references to "profit" and implement alternative strategies total disregard for the volition of against trafficking and forced labor/slav- women (i.e. by criminalizing prostitu- ery-like practices, sometimes aimed at tion "with or without consent"). The helping women protect themselves problem targeted by governments is, in against repressive state practices. fact, not acts committed against women The most, perhaps only, strategies but acts committed by women and/or with concrete and unqualified benefit acts committed by third parties who for women have been non-governmen- facilitate the migration and employ- tal. NGOs around the world focus upon ment of women, most frequently in the women's actual needs, due rights, daily female-designated sectors that com- resistance to abuse and political strug- prise women's main or only work gle for justice. Their energies have been options. As a result, the woman and the developed in three main areas: labor of the woman becomes the object of state control and reprimand. 1. Organizing support services for the This is the situation whether or not women, including counseling, safe the law formally criminalizes or regu- shelter, medical and psychological lates third parties; evidence overwhelm- attention, legal aid. ingly demonstrates that arrest, fining, detention, expulsion and other punish- 2. Lobbying with institutions and gov- ments are levied against women work- ernments to urge recognition of traf- ers/ migrants far more than against their ficking and forced labor/slavery-like exploiters or violators. The only states practices in a way that respects women's rights, including the right women as full partners into the process to control their own bodies, exercise of designing and implementing strate- freedom of movement, work with gies against violence, deceit, coercion, just compensation, organize and debt-bondage and other abuses as join trade unions, enter into binding defined in gender-neutral guidelines. contracts and press charges against Women of dominant cultures in G-7 violators regardless of their status as countries can express solidarity for wife, maid or prostitute. these efforts by facilitating self-organization and expression of domestic work- 3. Long-term advocacy work is mostly ers, prostitutes and immigrant wives, in focused upon strengthening migrant material and other aspects; by promot- worker's rights, also in the entertain- ing consciousness of and militancy donn nan i ment sector and particularly in pros- against the forces which maintain and cultures in G-7 titution. strengthen the colonialist, sexist and racist power relations. countries can Some NGOs have cooperatively ini- Trafficking in women was one of the express solidarity tiated return programs for those women priority issues at the NGO Forum in for these efforts bit who choose to go back to their coun- Huairou and was addressed by a num- tries of origin. Because governments are ber of NGOs and international institu- facilitating self- likely to favor such initiatives, often tions. The Platform for Action contains a organization and without regard for the wishes of the number of paragraphs on trafficking in expression of women concerned, those programs women which open the perspective of a must be well-monitored and evaluated more pro-rights approach if govern- domestic workers, to insure respect for women's self-deter- ments are to take them seriously in prostitutes and mination. designing national measures. immigrant wives. On a fundamental level, NGOs The most important ones are para- define the root causes of coercive bro- graph 230(o) in the Human Rights kerage and working conditions as Section (I), inequality in wealth world-wide and as "Strengthen the implementation of all rel- sexist enactments of colonial and racist evant human rights instruments, in order to power relations. They acknowledge combat and eliminate, including through migration as a strategy of women to international cooperation, organized and oth- escape poverty and to escape tradition- er forms of trafficking in women and girls, al gender obligations and constraints. including for the purposes of sexual exploita- Advocates of trafficked women have tion, pornography, prostitution and sex realized the necessity of legitimizing the tourism, andprovide legal and social services voice of the women concerned. In this to the victims. This should include provisions light, NGOs are beginning to mobilize for international cooperation to prosecute greater support for self-organization and punish those responsible for organized among domestic workers, prostitutes exploitation of women." and wives. They are inviting those and 131 (d) (Strategic Objective D.3): "Allocate resources toprovide comprehensive programs designed to heal and rehabilitate into society victims of trafficking including through job training, legal assistance and confidential health care and take measures to cooperate with non-governmental organizations toprovide for the social, medical and psychological care of the victims of trafficking."

The positive elements in these paragraphs are that states are called upon to use human rights instruments, which give a better guarantee that measures based on these principles will be more respectful of the rights of the women concerned. There is an implicit recognition that there are other manifestations of trafficking in women than that in the sex industry, through the use of the word "including for the purposes of. The call for international cooperation, Learning from Ihe past: A quilt with other governments and with NGOs embroidered with the names of is imperative for both prevention and "comfort women" captured and/or killed in World War II advocacy work. Needless to say the allo- displayed at a 1994 cation of resources is essential, and demonstration in Tokyo "comprehensive programs...including job training..." opens exciting possibili- ties to really be able to develop alternatives for the victims of trafficking. H

m Appendix

Network Building: A Preliminary List of Migrant Women's Contacts

CANADA

COMMITTEE FOR DOMESTIC MONTREAL HOUSEHOLD WORKERS WORKERS' AND CAREGIVERS1 ASSOCIATION RIGHTS 1857 DE MAISONNEUVE W. 789 EAST 1 4TH AVENUE OFFICE 318 VANCOUVER, B.C. V5T 2N3 MONTREAL, QUEBEC H3H 1J9 TEL: (604) 874-0649 TEL: (514) 937-6873 FAX: (604) 874-0649 TORONTO ORGANIZATION FOR DOMESTIC WORKER'S ASSOCIATION DOMESTIC WORKERS' RIGHTS OF SASKATCHEWAN, REGINA (INTERCEDE) CHAPTER 234 EGLINTON AVENEUE EAST, S-205 2248 LORNE ST. TORONTO, ONTARIO M4P 1K5 REGINA, SASKATCHEWAN S4P 2M7 TEL: (416) 483-4554 TEL: (306) 359-6514 FAX: (416) 483-9781 FAX: (306)522-9959 ASIA ITALY

ASIAN DOMESTIC WORKERS UNION ALAY SA KABABAIHANG PILIPINO (ADWU) VIA PALOMBINI, 5/F, FLAT B, YEN YIN MANSION 30-00100 ROMA 7-10 FERRY ST., YAU MA TEI , KOWTOON ITALY HONG KONG TEL: (39-6) 6638496 TEL:(852)2359-4965, 2359-4743 FAX: (852)2359-4881 ALMA MATER VIA MOMBASIGLIO CATHOLIC COMMISSION ON 108-TORINO MIGRATION - WOMEN'S DESK ITALY 232/9 NARET ROAD, BANGRAK TEL: (39-11)353067 BANGKOK 10500 THAILAND ASSOCIAZIONE CANDELARIA TEL: (66-2) 233-3073 VIA BITONTO FAX: (66-2) 233-3073 98-00100 ROMA ITALY HELP ASIAN WOMEN'S SHELTER TEL: (39-6)2012923 2-23-5 HYAKUNIN-CHO SHINJUKU-KU, TOKYO 169 ASSOCIAZIONE DONNE BRASILIANE JAPAN VIA SILVERI TEL: (81-3)3368-8855 11 -00100 ROMA FAX: (81-3) 3368-9791 ITALY TEL: (39-6)6795565 HOUSE FOR WOMEN "SAALAA" P.O. Box 13 ASSOCIAZIONE DONNE CAPO AOBA POST OFFICE, YOKOHAMA 225 VERDIANE JAPAN VIA LEONINA TEL: (81-45) 901-3527 80-00100 ROMA FAX: (81-45)902-4045 ITALY TEL: (39-6) 4873851 KANLUNGAN CENTER FOUNDATION 77 K-10TH CORNER K-J STS., KAMIAS ASSOCIAZIONE DONNE IMMIGRATE QUEZON CITY AFRICANE PHILIPPINES VIA ARCIONE TEL: (63-2)921-7849, 928-2384 114-00100 ROMA FAX: (63-2)921-7849 ITALY [email protected] TEL: (39-6) 6794125 UNITED STATES

DONNE STRAIN IERE INSIEME ASIAN IMMIGRANT WOMEN'S VIA CAETANI ADVOCATES 8-00100 ROMA 310 8TH STREET, SUITE 301 ITALY OAKLAND, CA 94607 TEL: (39-6) 6795565 TEL: (510) 268-0192 FAX: (510) 268-0194 FILIPINO WOMEN'S COUNCIL VIA CEPRANO ASIAN WOMEN'S SHELTER 9-00172 ROMA 3543 18TH ST. Box 19 ITALY SAN FRANCISCO, CA 94110 TEL: (39-6)2423512 TEL: (415) 751-7110 FAX: (415)751-0806 LIBERE INSIEME VIA EMILIO MOROSINI AYUDA, INC. 18-00100 ROMA 1736 COLUMBIA RD., NW ITALY WASHINGTON, D.C. 20008 TEL: (39-6) 5897501 TEL: (202) 387-0434 FAX: (202) 387-0324 MIGRANT WOMEN'S NETWORK IN ITALY FAMILY VIOLENCE PREVENTION c/o ON DA, CASA DELLE FUND DONNE INTERNAZIONALE 383 RHODE ISLAND ST. SUITE 304 VIA DELLA LUNGARA SAN FRANCISCO, CA 94103-5133 19-00100 ROMA TEL: (415) 252-8900 ITALY FAX: (415) 252-8991 TEL: (39-6) 2423512 LA MUJER OBERERA RETE DI DONNE IMMIGRATE DI c/o CENTRO OBRERO, INC. BARI P.O. Box 3975 VIA SABAUDIA EL PASO, TX 79923 8 - BARI TEL: (915) 533-9710 ITALY FAX: (915) 544-3730 TEL: (39-80)5720783 MANAVI Voci DI DONNA P.O. Box613 VIA DEI NERI BLOOMFIELD, NJ 07003 7 - FIRENZE TEL: (908) 687-2662 ITALY TEL: (39-55) 215601 UNITED KINGDOM

MUJERES UNIDAS Y ACTIVAS AKINA MAMA WA AFRIKA 995 MARKET STREET, 1 1TH FLOOR LONDON'S WOMEN CENTER SAN FRANCISCO, CA 94103 WESLEY HOUSE, 4 WILD COURT TEL: (415) 243-8215 LONDON WC2B 5AU FAX: (415) 243-8628 ENGLAND TEL: (44-171)4050678 FAX: (44-171)8313947 NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS COMMISSION FOR FILIPINO GUILD MIGRANT WORKERS 14 BEACON ST., SUITE 602 ST. FRANCIS COMMUNITY CENTER BOSTON, MA 02108 POTTERY LANE TEL: (617) 227-9727 LONDON Wil 4NQ FAX: (617) 227-5495 ENGLAND TEL: (44-171)2210356 FAX: (44-171)7923060 NORTHERN CALIFORNIA COALITION FOR IMMIGRANT RIGHTS KALAYAAN 995 MARKET ST. 1 1TH FLOOR POTTERY LANE SAN FRANCISCO, CA 94103 LONDON Wil 4NQ TEL: (415) 243-8215 ENGLAND FAX: (415) 243-8628 TEL: (44-171)2432942 FAX: (44-171)7923060 SAKHI FOR SOUTH ASIAN WOMEN SOUTHALL BLACK SISTERS P.O Box 20208, GREELEY SQUARE 52 NORTHWOOD ROAD STATION SOUTHALL NEW YORK, NEW YORK 10001-0006 MIDDLE SEX UB2 4DW TEL: (212) 714-9153 ENGLAND FAX: (212) 564-8745 TEL: (44-181)5719595 FAX: (44-181)5746781

Center for Women's Global Leadership Publications New publications from the Center for Women's Global Leadership include Migrant Women's Human Rights in G-7 Countries: Organizing Strategies and Local Action, Global Change: Learning About the Human Rights of Women and Girls. Co-published with UNIFEM, Local Action: Global Change is the first comprehensive training manual that includes the whole spectrum of women's human rights in an "interactive" format (Available Fall 1997). In addition, the Center has numerous publications available in the following areas:

FROM VIENNA TO BEIJING: This series focuses on Tribunals, hearings, and other activities coordinated by the Global Center at the Fourth World Conference on Women (Beijing, 1995); World Summit on Social Development (Copenhagen, 9 1995); International Conference on Population and Development (Cairo, 1994); and the UN World Conference on Human Rights (Vienna, 1993) (video also available).

PAMPHLET SERIES: These publications comprise a series of working papers on Women and Human Rights. They seek to promote international discussion of critical conceptual and strategic questions regarding women's human rights and the development of human rights agenda that incorporates women's perspectives and experiences

WOMEN'S GLOBAL LEADERSHIP INSTITUTE REPORTS: These books present the voices and perspectives of women around the world who came together to discuss women's leadership in areas of women's human rights at each of the 9 Women's Global Leadership Institutes.

For a complete list of publications, please contact the Center for Women's Global Leadership. Select publications also available in Spanish and French.

Family Violence Prevention Fund Publications Domestic Violence in Immigrant and Refugee Communities: Asserting the Rights of Battered Women This manual includes major chapters on immigration relief for women and children suffering abuse, including the Violence Against Women Act (VAWA) provision on self-petitioning; public benefits and new welfare restrictions on battered immigrant women and children; an overview of domestic violence in immigrant and refugee communities; listings of immigration/refugee resources and domestic violence services nationwide. A comprehensive resource, it will assist advocates in providing greater and more accessible services to battered immigrant women (1997; 300 pages). Women on the Move: Proceedings of the Workshop on Human Rights Abuses Against Immigrant and Refugee Women Presented at the World Conference on Human Rights, held in Vienna, Austria, 18 [une 1993. This beautifully bound publication includes discussions of abuses against women during migration; gender-based persecution and political asylum; including the Canada Immigration and Refugee Board Guidelines on women refugee claimants fearing gender-related persecution. Working with Battered Immigrant Women: A Handbook to Make Services Accessible This handbook focuses on how advocates can improve their response to battered women and children. It covers legal options including civil and criminal remedies and suggestions on how to establish linguistically and culturally appropriate services.

For a catalog of all the Family Violence Prevention Fund's publications and public awareness products, please call (415) 252-8089 or e-mail us at [email protected]. Select publications also available in Spanish.