Developing International Responses to Trafficking and the Demand for Low-waged (Migrant) Labour
Submitting Institution
University of OxfordUnit of Assessment
Anthropology and Development StudiesSummary Impact Type
PoliticalResearch Subject Area(s)
Commerce, Management, Tourism and Services: Business and Management
Studies In Human Society: Demography
Summary of the impact
Research in COMPAS (Centre on Migration, Policy and Society, in the
School of Anthropology and Museum Ethnography, Oxford) on low-waged
migrant labour, particularly in the care sector, has contributed
significantly to public debate and policy development on migrant labour,
labour demand, and trafficking and forced labour.
Led by Anderson, COMPAS's work in these fields has directly impacted upon
(1) international debate, by informing the position of the UN and the
Organization for Security and Co-operation in Europe (OSCE) on
trafficking; (2) UK immigration policy and practice by making a key
contribution to how skills and labour shortages are conceptualized for the
purposes of policy; and (3) the work of trade unions and NGOs in the UK by
demonstrating links between forced labour and labour market flexibility, a
connection that has been taken up in campaigning.
Underpinning research
In the late 1990s and throughout the 2000s states attempted to balance
public anxiety about migration and the demand for migrant labour in
specific sectors of an expanding economy. There was a shift to
evidence-based policymaking coupled with considerable lobbying by a wide
range of interested actors. This gave rise to a growing concern about
migration and forced labour. In general, legal migration channels
prioritized particular labour market sectors and highly skilled workers.
The UK was unusual in not adopting transitional measures to limit the
migration of nationals of new EU member states with EU Enlargement in
2004. The human rights consequences of greater mobility were mainly
managed through anti-trafficking policies.
In this context, COMPAS's research addressed the tension between labour
market flexibilities and rights. The team examined the structures of key
sectors with strong demand for migrant labour (particularly care work and
domestic labour) and addressed the dynamics of `irregular' or `illegal'
flows of people into the UK. COMPAS research pioneered an understanding of
key labour markets, clarified comprehension of migrant `irregularity', and
developed a synthesis of quantitative economic analysis with ethnographic
and qualitatively informed research, thereby initiating new
interdisciplinary perspectives in a key area of policy formation both
within the UK and across the globe.
Labour immigration is often regarded simplistically as a single issue.
COMPAS's research on demand for low-waged migrant labour, particularly the
demand for domestic and care work, has led to a close examination of how
broader public policies relate to (1) demand for (migrant) labour and (2)
trafficking and forced labour.
Key researchers within the team at Oxford include:
- Professor Bridget Anderson (project lead): 2003-present, Deputy
Director, COMPAS
- Dr Martin Ruhs: 2003-2012, Chief Economist, COMPAS
- Dr Sarah Spencer: 2003-present, Senior Fellow, COMPAS
- Dr Isabel Shutes: 2008-2011, Researcher, COMPAS
- Dr Alessio Cangiano: 2008-2011, Researcher, COMPAS
1) Demand for (migrant) labour: COMPAS researchers were the first
to investigate demand for migrant labour, immigration status, and the
impact of what was, in effect, an immigration amnesty during European
Enlargement in 2004. Anderson, Ruhs, Spencer (whose research focused on
the demand in construction, private households, hospitality, and
agriculture), and Rogaly (University of Sussex, whose research focused on
demand in the agricultural sector) conducted research on the consequences
of the change of status when migrants from EU new-member states became EU
citizens. They interviewed migrants, employers, and employment agencies in
four sectors. One of the key findings from the `Changing Status, Changing
Lives?' project, conducted in the UK 2004-2006, was the crucial role that
immigration status plays in creating a labour force that is attractive to
employers. Investigating demand requires an approach that analyses this in
conjunction with a broad range of public policies and social contexts
including demographic change, feminization of labour markets, housing
policy, and labour market deregulation. Anderson and Ruhs developed this
for research they undertook for the Migration Advisory Committee on demand
for migrant labour across different migrant high-use sectors.[See
Section 3: R1] Cangiano, Shutes, and Spencer examined the demand for
care work in the context of an ageing population. They found that reform
in the social care and immigration systems must proceed in parallel and
that, in practice, migrants will continue to be crucial in care provision
into the future.[R2] It was the first UK research to highlight the
conflict of rights between migrant workers and vulnerable older service
users.
2) Trafficking and forced labour: Anderson looked at how migration
shapes the nature of the demand for migrant domestic workers and its
relation to trafficking.[R3] She has also worked more generally on
the relation between trafficking, forced labour, and immigration in the
UK. In 2003 Anderson undertook research with O'Connell Davidson
(Nottingham), with Anderson focusing particularly on demand for domestic
labour and O'Connell Davidson on the demand for sexual labour. The
research was conducted in India, Sweden, Thailand, the UK, and Italy. It
found, first, that ideas of `consent' and `exploitation' are extremely
difficult to operationalize, and that these need to be seen as working on
a continuum rather than a simple binary; and second, that there was not a
demand per se for `trafficked' people, but rather for workers who
were cheaper and more dependent.[R4] This was extended into a
project on demand for sex and domestic labour more generally in the UK and
Spain. It also developed into research conducted for the TUC on migration
and forced labour in a number of sectors in the UK. Anderson and Rogaly
found that migrants with legal status as well as those working illegally
were vulnerable to highly exploitative living and working conditions.[R5]
De-regulation and chains of sub-contracting were particularly important in
producing susceptibility to poor conditions.[R6]
References to the research
(*submitted in REF2)
[R1] Anderson, B. & M. Ruhs 2010. A Need for Migrant
Labour? An Introduction to the Analysis of Staff Shortages, Immigration
and Public Policy. Oxford: OUP.
[This book was based on a report A Need for Migrant Labour? The
micro-level determinants of staff shortages and implications for a
skills based immigration policy (2008) prepared for the Migration
Advisory Committee (MAC).]
[R2] Cangiano, A., I. Shutes, S. Spencer, & G. Leeson 2009. Migrant
Care Workers in Ageing Societies: Research Findings in the United
Kingdom. Oxford: COMPAS. This report was the basis for a special
issue of Journal of Population Ageing 3 (1-2) 2010 Migrant
Careworkers in Ageing Societies edited by Spencer. This included
Cangiano, A. & I. Shutes 2010. `Ageing, Demand for Care and the Role
of Migrant Care Workers in the UK', pp. 39-57.
[R3]* Anderson, B. 2013. Us and Them? The Dangerous Politics of
Immigration Controls. Oxford: OUP.
[R4] Anderson, B. & J. O'Connell Davidson 2003. Is
Trafficking in Human Beings Demand Driven? A Multi-country Study
Geneva: IOM Migration Research Series, 15. See also Chapter 7 of Us
and Them? The Dangerous Politics of Immigration Controls. Oxford:
OUP.
[R6] Anderson, B. 2010. `Migration, Immigration Controls and the
Fashioning of Precarious Workers' Work, Employment and Society
24(2): 300-17. (This piece was nominated for the Sage Prize for innovation
and excellence 2011.)
Core funding for COMPAS and therefore this research was supported by the
ESRC through two Centre grants: £3,731,914 (2003-08) and £4,845,697
(2008-13).
Details of the impact
COMPAS's research has had significant impact on UK policy development,
and shaped and informed international debates on both labour demand and
trafficking and forced labour. It has also influenced the training of and
the advice provided to NGOs and practitioners who are key players in
policy formation, thereby furthering the influence of the research on
immigration policy. Below are some instances of the impact of this
research within these three areas.
UK government policy
Anderson and Ruhs' expertise on migration and low-waged labour markets
has led to close engagement with government at all stages of the policy
cycle. Their research on demand for labour in six high-usage sectors was
commissioned by the Migration Advisory Committee (MAC) in March 2008.[Section
5: C1] The MAC is a group of economists established to advise the
government on labour and immigration policy. Its first report, analysing
the UK's skilled labour market, addressed the question `Is it "sensible"
to fill a shortage with migrants?' and in this chapter acknowledged: "We
draw heavily on Anderson and Ruhs (2008) [R1]."[C1] The
report was later published by OUP as the edited volume Who Needs
Migrant Workers? and described by Professor David Metcalf, the Chair
of the Migration Advisory Committee, as "the definitive research on the
demand for migrant workers... [it] will inform the debate for years to
come."[C2]
In the same year the controversy surrounding government policy resulted
in the House of Lords Select Committee on Economic Affairs Inquiry into
the Economic Impact of Immigration. Ruhs served as its specialist adviser
and was responsible for the first draft of its report. Anderson provided
oral and written evidence during the Inquiry. Her evidence and her
research on demand for migrant domestic labour [R3] was cited in
the final report of the Inquiry.[C3]
Anderson's particular interest in demand for migrant domestic workers and
its relation to trafficking and forced labour [R4] led to an
invitation to give evidence to the Equality and Human Rights Commission's
(EHRC) Inquiry into Trafficking in Scotland by the investigating
commissioner, Baroness Helena Kennedy QC.
The research findings on the conflict between older care users and
migrant workers were taken up by the Equality and Human Rights Commission.
Spencer had been a Commissioner at the precursor body of the EHRC, the
Commission for Racial Equality (2002-2006). An EHRC Commissioner was the
key speaker at the launch of the research report [R2] and this led
to a seminar organized by the Equality and Human Rights Commission
involving the Care Quality Commission to discuss how to respond to the
discrimination and harassment faced by care workers. Evidence from the
report was cited in recent responses to a Home Office consultation on
workplace `third-party harassment' by those arguing that a legal provision
protecting staff from harassment should not be repealed,[C4] and
the report was cited in the Government's summary of consultation
responses.[C5] Spencer then met with the Department of Health
Director of Workforce Development to discuss the broader findings. He
acknowledged that "the points raised are extremely helpful" and agreed to
ensure "that these are fed directly to the White Paper team."[C6]
International debate
In 2005 the Annual Report of the UN Special Rapporteur on trafficking
cited Anderson and O'Connell Davidson [R4] extensively. As a
direct result of this influence on the international debate, Anderson's
later work on trafficking and forced labour,[R5] and her writing on
precarious labour and migration [R6] have been used to frame
policies and debate at an international level by the Organization for
Security and Co-operation in Europe (OSCE). For example, her contribution
to the OSCE high-level dialogue in 2010 was clearly reflected in
recommendations 1, 5, 7, 8, 15 and 20.[C7] She has addressed their
annual alliance meeting for the prevention of trafficking on two occasions
(2010 and 2012). These meetings are attended by c. 60 ambassadors and
their advisers as well as by organizations such as the United Nations
Development Programme (UNDP), International Labour Organization (ILO), and
others. Access to these ambassadors is critical in conveying analysis to a
broad international audience. At a more specific level, following the 2010
meeting, OSCE initiated training courses for diplomatic staff on best
practice in the employment of domestic workers in embassies.
Research by Anderson and Ruhs [R1] has also informed training and
development courses, including one held in conjunction with the ILO, for
the Association of South East Asian Nation (ASEAN) officials on labour
demand and trafficking (2013). The four-nation comparative report of the
Migrant Care Worker study [C8] was published by an
intergovernmental body, the International Organization on Migration (IOM),
and was the subject of an IOM seminar in Geneva to discuss its
implications.
NGOs and civil society
In 1987 Anderson was instrumental in establishing the domestic workers'
charity, Kalayaan. She has continued to work closely with this
organization and her research is used regularly in their lobbying work.
Their current campaign is situated in her analysis of demand and
employment relations.[C9] Her substantial contacts within the
sector meant that in 2012 she was asked to draft the background paper for
the campaign of the group Justice for Domestic Workers. Her analysis
(Anderson 2007), based on concepts of exclusion and indenture was critical
in developing the group's campaign strategy to restore the domestic worker
visa.[C10]
Anderson and O'Connell Davidson's research [R4] has been widely
cited in policy-oriented publications, including the Centre for Social
Justice 2013 report on equipping the UK to fight modern slavery.[C11]
Anderson and Rogaly's research on forced labour in the UK identified
indicators of forced labour [R5] that were taken up by the Joseph
Rowntree Foundation (JRF) as key issues in the development of policy and
practice to reduce forced labour. It has continued to inform the research
and policy recommendations of the JRF on forced labour.[C12]
Sources to corroborate the impact
[C1] Skilled, Shortage, Sensible: The recommended shortage
occupation lists for the UK and Scotland (2008), Migration Advisory
Committee (MAC): http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/skilled-shortage-sensible/skilled-report.pdf?view=Binary
[Page 135 and following chapter]
[C2] David Metcalf, Chair of the Migration Advisory Committee,
book review (2010):
http://ukcatalogue.oup.com/product/9780199580590.do#.UaeC9LZbwzw
[C3] The Economic Impact of Immigration (2008) Report of
the House of Lords Select Committee on Economic Affairs, London: http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeconaf/82/82.pdf
[Paragraphs 12, 21, 24, 37, 105, 107, 114]. This report references
Anderson 16 times, and quotes directly from her evidence, e.g. p.35
paragraph 107.
[C4] Equality Act 2010 Employer liability for harassment of
employees by third parties, TUC Response to the Consultation [see page 3]:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/137823/EQ_TUC.pdf
[C5] Equality Act 2010 Employer liability for harassment of
employees by third parties, Government Response to the Consultation.
October 2012
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/137749/equality
consultation-response_1_.pdf [See page 8, paragraph 32]
[C6] Dept of Health Director of Workforce Development (email held
on file - personal communication, Rentoul to Spencer, 17.1.2012 - attests
to the fact the points raised by the research were extremely helpful and
would be fed into the work of the White Paper team.
[C7] Unprotected Work, Invisible Exploitation: Trafficking for
the purpose of domestic servitude, Organization for Security
and Co-operation in Europe (OSCE), 2010.
http://www.osce.org/cthb/75804
[See pp.14,15,19,38,54-55,67; recommendations pp. 64-66]
[C8] Comparative Report of the Migrant Care Worker study published
by the IOM
http://publications.iom.int/bookstore/free/MRS41.pdf
[C9] Wittenberg, V. (2008) The New Bonded Labour? The impact
of proposed changes to the UK immigration system on migrant domestic
workers, London: Oxfam and Kalayaan. http://www.kalayaan.org.uk/documents/Kalayaan%20Oxfam%20report.pdf
[See acknowledgments, and pages 10, 27, and 33]
[C10] Board Member and Trustee, Justice for Domestic Workers
(Email, held on file - attests to the role of the research,
particularly on the concepts of exclusion and indenture to develop
the group's campaign strategy to restore the domestic worker visa.
[C11] It Happens Here: Equipping the United Kingdom to Fight
Modern Slavery (2013). London: Centre for Social Justice: http://www.centreforsocialjustice.org.uk/UserStorage/pdf/Pdf%20reports/CSJ_Slavery_Full_Report_WEB%285%29.pdf
[See page 58]
[C12] JRF Programme Paper Forced Labour in the UK: The Business
Angle (2012):
http://niesr.ac.uk/sites/default/files/publications/250412_143954.pdf
and a JRF Programme Paper, Forced labour and UK immigration
policy: status matters? (2011):
http://www.jrf.org.uk/sites/files/jrf/forced-labour-immigration-status-full.pdf