This study looks at the experiences of migrants accessing notions of justice at the Wits Law Clinic, the pro-bono public interest law clinic of the University of the Witwatersrand, Johannesburg, South Africa. This study explores the way migrants engage with public interest law in the light of an overwhelming adversarial and threatening experience of the law. The law in the form of state law and its powers embodied in law enforcers and petty bureaucrats is mainly used against them and confines them to a ‘state of bare life’. One could therefore expect that this compels migrants to keep their heads down and avoid any form of formalization, and instead reverting to a total reliance on informal survival strategies. This study however shows that migrants retain a strong faith in the law and draw a huge sense of hope from the services they receive from the Wits Law Clinic – even though the only action that is sometimes taking place is the endless writing of letters. But it appears that the reduction of the law to absolutely mundane bureaucratic activity still holds enough symbolic power of giving migrants a sense of moving closer towards the promise of justice, which the law also holds, even though it might be over and over deferred.

Thesis (Ph.D. (Demography))--Mahidol University, 2007. / LICL has E-Thesis 0024 ; please contact computer services.

The aim of the thesis is to identify the pressures that contributed to the rise in international labour migration in Lesotho, and to investigate how these pressures are impacting upon the modernization process in the country, particularly at a time when employment opportunities are scarce in the southern African region. International labour migration has been used as a development tool throughout history, but especially in the 20th century by developing countries with dual labour markets. Newly independent developing countries with dual labour markets adapted the strategy of import substitution industrialization (lSI), with an emphasis on protecting infant industries and promoting pro-labour policies. In the post-colonial period the international demand for lowskilled workers rose, particularly in the North (developed countries), and in mineral rich countries including the oil exporters and South Africa, and the newly industrialising countries in East Asia. International labour migration to these countries was adapted as an integral development tool by the governments of the lSI countries. Most migrants were low-skilled and temporary workers in the destination countries. Although no multilateral institutional framework existed, usually both the sending and receiving countries adapted unilateral and bilateral migration policies to guarantee the gains from migration. Workers were thus "protected" to varying degrees under such agreements. From the 1970s, the North experienced a slowdown in the growth in demand for unskilled workers. In the 1980s, many lSI countries experienced devastating economic crises that forced them to abandon the lSI policy and adapt the export-led industrialisation (EOI) policy with an emphasis on trade liberalization. The switch from lSI to EOI in developing countries with dual labour markets led to the downsizing of public sector employment, the removal of marketing boards formally used by small-scale agricultural farmers, and the expansion of export processing zones (EPZs). These outcomes resulted in a rise in push internal migration, and international migration from these countries especially to other developing countries. At the same time, since the late 1980s, capital has acquired greatly enhanced mobility at the global level. The adaptation of EOI and the full mobility of capital at the global level altered the institutional structure within which labour migration was governed both nationally, and internationally. At the national level stricter unilateral policies were reinforced by receiving countries for low-skilled labour, while less strict policies applied for skilled labour. These remain in operation in conjunction with the earlier bilateral agreements. At the international level, there remains a lack of policy to regulate international labour migration. Under the current enhanced mobility of capital, international migrants are thus left vulnerable. Lesotho fits this pattern. Faced with a dual economy and an abundance of semi-skilled labour, Lesotho has been a principal supplier of labour to the South Africa's mining industry since its independence. Lesotho's industrial diversification thus mirrors South Africa's industrial diversification. In the lSI phase (1968 - 1987), international labour migration became the most important tool of economic welfare generation in Lesotho. Bilateral agreements were signed in the early 1970s between Lesotho and South Africa to guarantee the gains from migration. Since the late I980s, the mining industry in South Africa began to downsize production and employment. Fewer novice miners from Lesotho were recruited to work in South Africa. The adaptation of the EOI policy in Lesotho in 1987 introduced EPZ industrialization and trade liberalization. Nevertheless, the retrenchment of mine workers from South Africa is occurring at a time when Lesotho is experiencing an employment crisis. The political independence of South Africa in 1994 was accompanied by stricter international migration policies by the new democratic government of South Africa. Most migrant workers in South Africa are thus now faced with a two-door policy (of the earlier bilateral agreements and the amendments to the Aliens Control Act). This system has left migrant workers vulnerable to exploitation by both employers and the law (police) in South Africa. Nevertheless, international migration from Lesotho to South Africa continues to expand, particularly of the new type of migration - semiskilled female workers in the services sector. At the same time, South Africa is also experiencing an employment crisis. The most important policy implications are, firstly, that migration is subject to the same "casualisation" as other work, with the effects made worse by the "statelessness" of migrants, who are most vulnerable to exploitation. Secondly, multilateralism is needed (e.g., SADC) and holistic, multilateral policies are required. It is clear that under the new global division of labour ad hoc policy towards international labour migration is ineffective.

Migration is recognised as an escalating phenomenon of human behaviour worldwide. In the Southern African region African migrations and migrants have remained a focal point of discussion amongst politicians, citizens and migrants themselves in recent years. In South Africa, a major destination of migrants from various African Diasporas, this renewed interest in the topic has occurred in the context of xenophobic related violence aimed at foreigners within the broader economic, political and social arena. These factors extend to South Africa’s relationships with her near neighbours. Thus, Zimbabwe’s political, economic and social crisis has overflowed into South African borders, contributing large numbers of migrants to her population. Previous research has underrepresented the perspectives of migrants and Zimbabwean migrants in particular. Zimbabwean migrants seek economic opportunities to better themselves and maintain the survival of their families who remain in their country of origin. They are transnationals who engage in continuous movement between one place and the next, supporting various livelihoods. Little is understood about migrant adaptation to their complex contexts. In this research project, content analysis was conducted of data gathered during interviews and participant-observation of Zimbabwean migrant traders on the beachfront informal market in Port Elizabeth. The maintenance of the cultural values and identity of the myth of the hero as upholder of household honour was found to be significant in the adaptation of migrants to their multi-faceted lives. The findings indicate that migrant life is indeed uncertain and ever-changing. Their resilience in the face of continual change illustrated both conflict and compromise between “social cohesiveness (and) social flexibility” (Bauman, 1998: 15-16)

Man Chi-shing. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2001. / Includes bibliographical references (leaves 198-205). / Abstracts in English and Chinese. / List of Tables --- p.i. / Abstract --- p.ii. / 摘要 --- p.iii. / Acknowledgement --- p.iv. / Chapter Chapter 1 --- Going into migrants in the Pearl River Delta --- p.1 / Chapter I --- The living strategy besides political resistance --- p.2 / Chapter II --- Exploring the migrants in township-and-village areas of the Pearl River Delta --- p.6 / Chapter III --- Methodology --- p.9 / Chapter IV --- Overview of this study --- p.13 / Chapter V --- Terms clarification --- p.14 / Chapter Chapter 2 --- Literature review: understanding migrants in South China --- p.16 / Chapter I --- Migration --- p.18 / Chapter II --- Floating population in China after the economic reforms --- p.22 / Chapter III --- Theoretical framework --- p.38 / Chapter Chapter 3 --- A dichotomous community: the construction of oppressed and oppressor in Tianshen Township --- p.59 / Chapter I --- Going down to the field site --- p.60 / Chapter II --- Unequal relationships between the oppressed and the oppressor --- p.73 / Chapter III --- Concluding remarks --- p.97 / Chapter Chapter 4 --- "The voice from migrants: ""The outside world is splendid, but also ruthless.""" --- p.102 / Chapter I --- Living experience --- p.103 / Chapter II --- Working experience --- p.110 / Chapter III --- Floating: a short stage of life --- p.117 / Chapter IV --- Concluding remarks --- p.131 / Chapter Chapter 5 --- Exit and familism: the ways to accommodate dissatisfaction --- p.135 / Chapter I --- The infrequency of direct confrontation --- p.136 / Chapter II --- Job switching as a from of self-defense --- p.140 / Chapter III --- The significance of family support --- p.148 / Chapter IV --- A case study: the entanglement between survival and exploitation --- p.157 / Chapter V --- Concluding remarks --- p.163 / Chapter Chapter 6 --- Economic retreatism: the basic reason of the social stability in the Pearl River Delta --- p.168 / Chapter I --- A comparison with Scott's and Popkin's cases --- p.169 / Chapter II --- A supplement to previous studies concerning Chinese migrant workers --- p.180 / Chapter III --- Suggestions --- p.182 / Chapter IV --- Prediction --- p.184 / Chapter V --- IEpilogue --- p.185 / Appendix A: List of Interviewees --- p.189 / Appendix B: Photos --- p.190 / Appendix C : Cartoon --- p.195 / Appendix D: Map --- p.197 / Bibliography --- p.198

Wang, Jing. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2007. / Includes bibliographical references (leaves 138-142). / Abstracts in English and Chinese. / Abstract / Acknowledgements / Chapter Chapter One: --- Introduction --- p.7 / Chapter A. --- Background leading to the research question --- p.7 / Chapter I. --- The socialist legacy: the institutional failure of China ´ةs labor regime --- p.8 / Chapter II. --- Society in action: the emergence of migrant worker NGOs --- p.10 / Chapter B. --- Research Question --- p.16 / Chapter C. --- Significance of the research --- p.18 / Chapter D. --- Research Structure --- p.21 / Chapter I. --- Relationship with official trade unions --- p.22 / Chapter II. --- Relationship with enterprises (suppliers and MNCs) --- p.22 / Chapter III. --- Relationship with foreign NGOs --- p.24 / Chapter F. --- The Organization of the Thesis --- p.24 / Chapter Chapter Two: --- Literature Review --- p.26 / Chapter A. --- State-society relations: a Civil Society Perspective --- p.27 / Chapter B. --- Industrial relations as Embedded in the State-society Relations --- p.35 / Chapter C. --- Major Inadequacies in Literatures --- p.40 / Chapter Chapter Three: --- Methodology --- p.42 / Chapter A. --- Research Question and Research Design --- p.42 / Chapter B. --- Justifications for Case Study as an Appropriate Method for this Research --- p.44 / Chapter C. --- Selection of the Case --- p.48 / Chapter D. --- Conducting Case Studies --- p.49 / Chapter E. --- Problems Associated with the Case Study --- p.51 / Chapter F. --- Summary --- p.51 / Chapter Chapter Four: --- Impoverishment of Migrant Labor: Global Capitalism and China's Urban-rural Structural Divide --- p.51 / Chapter A. --- Global Capitalism: the Political Economy of Export-orientated Industry --- p.55 / Chapter B. --- Labor Regime Facilitative to Exploitation --- p.59 / Chapter C. --- The Socio-political Underpinnings of the Labor Regime: Residence Registration System and Two-tier Labor Market --- p.63 / Chapter D. --- Corporate Social Responsibility --- p.66 / Chapter I. --- The comeback of CSR --- p.66 / Chapter II. --- CSR labor regulatory regime --- p.69 / Chapter III. --- The story of ICO started from here --- p.71 / Chapter E. --- Summary --- p.72 / Chapter Chapter Five: --- The Emergence of ICO in the Context of CSR --- p.74 / Chapter A. --- Historical Review of Government Control on Social Organizations --- p.74 / Chapter B. --- The Strategy of ICO to Register with the Government --- p.78 / Chapter C. --- The ICO's Strategy into the Industrial Relations --- p.82 / Chapter D. --- Government --- p.87 / Chapter E. --- Western Civil Society and Foreign NGOs --- p.91 / Chapter F. --- Summary --- p.95 / Chapter Chapter Six: --- The Expansion of ICO --- p.97 / Chapter A. --- Strategy in adaptation --- p.97 / Chapter I. --- Research --- p.97 / Chapter II. --- "CSR Consulting, Training and Auditing" --- p.98 / Chapter III. --- Labor empowerment --- p.106 / Chapter IV. --- Networking --- p.108 / Chapter B. --- Management and Capacity --- p.109 / Chapter I. --- Governance structure --- p.110 / Chapter II. --- Financial management --- p.113 / Chapter III. --- Human resources --- p.115 / Chapter C. --- Enterprises --- p.116 / Chapter D. --- Government --- p.118 / Chapter E. --- Trade Unions --- p.121 / Chapter F. --- Summary --- p.124 / Chapter Chapter Seven: --- Conclusion --- p.125 / Chapter A. --- State and Civil Society: A Game of Push and Pull? --- p.126 / Chapter B. --- A Western-Bred Civil Society? --- p.127 / Chapter C. --- The Social Entrepreneur --- p.130 / Chapter D. --- Refining the Theoretical Framework of Transformation in Chinese Labor Regime and State-Society Relations --- p.134 / References --- p.138

published_or_final_version / abstract / Social Work and Social Administration / Master / Master of Philosophy

在人口高齡化、漁業與工業缺乏勞工的情況下，引進移工對於臺灣經濟發展的重要性日益提升。到目前為止，臺灣已有五十萬名移工，而且數字還在持續增加。這些逐漸增加的臨時移工人口，使得臺灣社會逐漸需要面對所引起的社會、法律與整個移工結構的問題。為了解決前述的問題, 臺灣出現了幾個以幫助移工為目的的非政府組織。這些機構主要協助移工處理隱私受到侵犯或雇主歧視等人權問題。但由於非政府組織的主要著力於大方向價值觀的倡議，對於移工實質生活條件的改善仍然進步緩慢。本研究的主要關注於如何改變臺灣社會對於移工的觀念與態度，以停止虐待移工的惡性循環。研究方法為透過專家文獻論述與量化數據分析，探討臺灣人對於移工認知、移工權利、社會規範、法治態度等四方面的關係。研究結果顯示，人民對於移工的態度、對於社會規範的看法，以及法治觀念的具備程度，都與對移工的支持程度有顯著關聯，這些因素也都密切影響移工在臺灣的生活權益。 / With a rising aging population and labor shortages across its key fishing and factory industries, the importation of migrant labor is more crucial than ever in keeping Taiwan’s small but impressive economy propelling forward. With over half a million migrant workers and rising, Taiwan is increasingly facing social, legal, and institutional issues that arise when a temporary labor force is mixed in with the status quo population. A small number of grassroots organizations (NGOs) have sprung up in helping these workers, especially when handling human rights violations such as invasions of privacy and discrimination from employers, but progress has been haltingly slow because change has only been enacted on the macro-level, and not within society where prejudice persists. This research argues that those involved must focus their efforts on changing society’s perceptions of these migrant workers in order to stop the cycle of labor abuse. Through quantitative data collection and literature analysis, this research explores Taiwanese attitudes towards migrant workers as people, migrant workers’ rights, social norms, rule of law, and the correlations between these variables. The results from this research show that attitudes towards migrant workers are associated with the support of social norms that inhibit migrant workers’ rights and found that these attitudes, social norms, and weakness of rule of law all contribute to the marginalization of the migrant worker population.

published_or_final_version / abstract / Sociology / Master / Master of Philosophy

published_or_final_version / Politics and Public Administration / Master / Master of Philosophy