The Migrant Workers’ Rights: The Impact of ‘Values’ on Migration Policies
International labour migration is a cross-border movement of people which can take different forms of voluntary and involuntary acts. Turkey has become one of the migrant-receiving courtiers and was recently described as a ‘country of immigration’ for migrant workers which led to the institutionalisation of labour migration. The recent transformations of migratory movements in Turkey affected migrant workers’ statuses and rights immensely. The legal terminology in migration policies is an evolving phenomenon based on the collective values of the host country. The values impact the legal definitions of the status of migrant workers through two key approaches: 1) the first approach uses ‘porous values’ that are flexible and inclusive, and define migrants based on cosmopolitan moral values of common humanity, dignity and worth; 2) an approach that encompasses ‘impermeable values’ that are static and restrictive, define migrants through ethnocentric and nationalistic values. The former takes a holistic approach to the status of migrant workers which advocates rights for migrants from various forms of legal statuses as they contribute to the host country’s economy. The latter takes a narrow and selective approach where legality determines the status and rights of migrant workers, thus irregular labour-force is left unprotected without working rights despite their contribution to the labour market with their work and skills. The narrow approach also leads to an adoption of a criminal or security language attached to international migration where migration management and protection of the borders become paramount.
Research carried out by Dr Sureyya Sonmez Efe explored the policy-making procedures in detail focusing on value-based approaches adopted by the policymakers in Turkey. Between 2014 and 2015, Dr Sureyya interviewed 24 senior officials from state institutions, national and international NGOs in Ankara, Istanbul and Bursa, gathering their perspectives on the status and rights of migrants/migrant workers; the values that influence legal definitions of migrant statuses; and the impact of internal and external conditions on decision-making processes.
Analysis of legal documents concerning migrants, interview and participant observation data documents that values play a central role in policymaking procedures in migration and determine migrants’ statuses and rights in the host country:
The diagram illustrates the complexity of the policymaking procedure in migration which is a dynamic process with continuities and transformations of the values that form our perceptions and understandings of membership statuses and rights.
To understand the impact of ‘values’ on migration policies concerning migrant workers in Turkey, the study analysed all legal documents concerning migrants; interviewed 24 senior officials from state and non-state institutions in the area of (labour) migration; and carried out participant observation of a national policymaking deliberation setting and identified three key phases crucial on the evolution of the legal terminology in Turkish legislation. The first phase (between 1920-80) is the period marked by the ‘nation-building process’ with the dominance of ethnocentric values that aim to protect Turkish nationals in ex-Ottoman regions and Turkish migrant workers abroad. The second phase (between 1980-2000) is described as the ‘economic liberalisation process’ that leads to inclusive values after increasing migratory movements from non-Turkish and non-Muslim migrant workers where economic skills are valued and recognised in policies. The third phase (between 2000-) is defined as the ‘institutionalisation process’ of labour migration in Turkey led to an adoption of a mixed approach including a rights-based language to status and rights of migrant workers.
There is a transformation of the status of migrant workers from the usage of a sweeping term of ‘foreigners’ to and inclusion of other subcategories of migrants such as ‘migrant workers’, ‘migrants on humanitarian status’, and ‘refugees’. The majority of the interviewees from state institutions and trade unions took a nationalistic/narrow approach to the status of migrant workers, whereas the representatives from the NGOs predominantly adopt a holistic approach including irregular migrant workers as recipients of rights.
The research findings aim to make recommendations to make a positive change in Turkey and Europe: in Turkey, recommendations for migration policy and practice include the humane approach to labour migration accessing protection mechanisms for migrants on irregular statuses; more legal amnesties for irregular migrant workers in some sectors; humane labour inspections. In Turkey and Europe, recommendations called for the adoption of morally-just terminology and values in migration policies; long-term policy strategies for protection of migrants’ exploitation, such as seasonal workers; active cooperation with NGOs in policymaking to increase the representation of migrant workers.
Find out more:
If you’re interested in finding out more about Dr Sonmez Efe’s research on migrant workers’ rights, you can access her bio here. Dr Sonmez Efe’s latest work, focusing on COVID-19 impact on employment and migrant workers in the UK, is available here.
Related Sources: