This chapter establishes the background of critical studies in labor trafficking through precarity frameworks and rights claims by examining historical and contemporary backgrounds on Asian labor migrations in the United States, Thailand, Taiwan, and South Korea, dating back to systems of indentured servitude that essentially replaced slavery. Production of precarity is outlined through a broad referencing in the legal arena and the system of developmentalist state-capitalism, both of which are constantly creating a hyper-flexible mobile population of migrant workers born out of economic necessity, war, and conflict. This chapter provides a background to the global restructuring of labor as a post-Cold War context that weakened labor and farmers’ movements globally. The gap in precarity frameworks and literature for migrant workers and immigrant workers lays in the concentrated nature of case studies that may not consider both outbound and inbound migrant worker situations together in a multi-faceted fashion that investigates—the legal, space, debt-based, and formalization areas of precarious conditions. The chapter additionally provides background to regulations of migrant labor contracting—from indentured labor companies, private labor subcontracting, to government to government (G to G). The author also introduces the connections between notions of contract labor, of “choice” or free will in the neoliberal construction, and of ethnic/racial invisibility experienced by the migrant and immigrant labor force. Lastly, the chapter positions the research with reference points to the role of trade unions versus worker centers, CBO, NGOs, and Legal Aid Agencies.

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Precarious Rights: The Migration Processes

  • Sudarat Musikawong

摘要

This chapter establishes the background of critical studies in labor trafficking through precarity frameworks and rights claims by examining historical and contemporary backgrounds on Asian labor migrations in the United States, Thailand, Taiwan, and South Korea, dating back to systems of indentured servitude that essentially replaced slavery. Production of precarity is outlined through a broad referencing in the legal arena and the system of developmentalist state-capitalism, both of which are constantly creating a hyper-flexible mobile population of migrant workers born out of economic necessity, war, and conflict. This chapter provides a background to the global restructuring of labor as a post-Cold War context that weakened labor and farmers’ movements globally. The gap in precarity frameworks and literature for migrant workers and immigrant workers lays in the concentrated nature of case studies that may not consider both outbound and inbound migrant worker situations together in a multi-faceted fashion that investigates—the legal, space, debt-based, and formalization areas of precarious conditions. The chapter additionally provides background to regulations of migrant labor contracting—from indentured labor companies, private labor subcontracting, to government to government (G to G). The author also introduces the connections between notions of contract labor, of “choice” or free will in the neoliberal construction, and of ethnic/racial invisibility experienced by the migrant and immigrant labor force. Lastly, the chapter positions the research with reference points to the role of trade unions versus worker centers, CBO, NGOs, and Legal Aid Agencies.