15
Striking a fair Balance: Foreign Construction Workers in Singapore by Krish Raghav 30-year Ashok Arunachalam remembers the
category) don’t allow workers to change jobs
and wage exploitation then kicks in, leaving
industrial accident that mangled his leg right
or marry Singaporeans. Permission to work in
workers stranded17.
down to the exact minute it happened. He
the country is stacked heavily in favour of the
It’s a trying period for someone like
repeats it like a mantra: “20th December, 2012.
employers, and the threat of deportation for
Arunachalam, who’s incurred deep debts in
10:15 am.”
‘troublemaking’ looms large over every worker.
order to obtain this job (he was paid 900$ per
“This has been the most difficult year of my
Construction workers who suffer a work-
month) and finds himself alone, confused, in
life,” he says. “I couldn’t even walk to the toilet
place injury, like Arunachalam, are put on
pain in a society and system he doesn’t quite
on my own after the injury. I found myself alone
what’s called a “Special Pass” by the Ministry
understand.
in the dormitory most of the time, with no one
of Manpower. Workers can’t seek any further
Stuck in limbo for a bureaucratic process
around to help.”
employment or leave the country while their
to run its course, Arunachalam’s case is a win-
Arunachalam’s story is indicative of the expe-
case is being reviewed and compensation dis-
dow into a complex policy dilemma that faces
rience of a number of foreign migrant workers in
bursed, a process that takes anywhere between
the rich city-state – treating its one million for-
Singapore16. As of June 2012, there were close
a few months to years.
eign migrant workers with dignity, fairness and
to 722,800 non-domestic foreign migrant work-
It’s not simple. Red tape and legal jargon per-
a guarantee of rights; -alleviating the frustration,
ers on specialized Work Permits, out of which
meate every stage of the process. In many cases,
melancholy and alienation they face while living
306,500 are construction workers. These con-
an “intricate web” of deals with middlemen,
here. ATM
tractual agreements (codified in a separate visa
kickbacks at multiple levels, spurious contracts
16
Boiling over by Krish Raghav Some of that underlying tension and grievance
setting an ambulance alight. 39 policemen and
in the riots. Charges against another ten were
simmered to the surface on December 8, 2013
civil defense staff were injured and 25 vehicles
withdrawn after further review.
in an incident described as the first “riots” in
damaged. The number of injured workers and
Singapore for over four decades.
rioters is unknown .
Controversially, 53 workers whose participation in the riot was labeled “less egregious” were
18
Close to 400 South Asian migrant workers
The Government responded with a range of
repatriated from Singapore. A few days later,
squared off with riot police and security person-
immediate measures. A ban on the sale of alco-
four of the ten workers acquitted in the investi-
nel in the Little India neighbourhood after an
hol was swiftly imposed in the Little India neigh-
gation were also deported. Civil society activists
Indian national was fatally run over by a private
bourhood, and police presence was ramped
have expressed deep concerns over this devel-
bus. Little India is a centrally-located precinct
up. New measures under the Public Order
opment, with groups like Workfair Singapore
with many South Asian restaurants, businesses
(Additional Temporary Measures) Bill give police
pointing out that it “undermined” the system’s
and bars where workers congregate on days off.
greater powers to search and detain anyone
dedication to due process.
According to the Singapore Police, a ‘mob’
they deem a ‘threat to public order’ . 200 work-
Singapore’s Ministry for Law defended the
allegedly fuelled by alcohol went on a rampage
ers received advisory notices from the police
action, with Minister K. Shanmugam stating that
after the accident, pelting police with impro-
after initial investigations, and 45 were arrested.
repatriation decisions were also administrative
vised projectiles (such as a garbage can) and
Of these, 25 were deemed “active participants”
decisions of “time and expense” over judicial
19
process20. In response, Workfair Singapore said, “Justice should never be subordinated to cost or the possibility of abuse: the remedy is fine tuning procedures to make them more efficient.” 21 A
back-and-forth ensued between the
Ministry and activists, culminating in a letter published in the TODAY newspaper where the ministry stated that a foreign national subject to repatriation had “no right under [Singaporean] law to challenge the executive repatriation order in court.” The threat of arbitrary repatriation has always been an issue for foreign migrant workers. “Singapore has not ratified the crucial Convention 143 of the International Labour Organization, which protects the rights of
17
migrant workers from arbitrary deportation
this: a suggestion in April 2013 by the National
and guarantees due process,” says Braema
Development Minister to house workers on off-
Mathi, the President of local human rights group
shore islands was actually considered briefly.
MARUAH. “Workers seem to have a clear route
23
cause of the riot. Ultimately, this inertia on both sides has led to a policy gridlock on the issue, with the
Actions, therefore, have been both heavy
government content to maintain and enforce
handed and piecemeal. “The MOM’s approach
an uneasy status quo. It shows a reluctance
[to many aspects of the issue] is discretionary,”
to commit to any specific policy path – be it
says Russell, president of local NGO Transient
minimum wage, an independent claims pro-
“Workers seem to have
Workers Count Too (TWC2). “Sometimes prac-
cess, or a rethinking of the fundamental eco-
a clear route to deporta-
tices are disallowed, and sometimes tolerated.”
nomics of cheap migrant labour. At the same
These also tend to be kneejerk reactions to ‘inci-
time, activists and civil society groups have
dents’ or concerns raised by activists in main-
to draw partial conclusions based on partial
stream and alternate media.
data, and are unable to make comprehensive
to deportation, but no clear route to justice.”
tion, but no clear route to justice.” Braema Mathi, President of local human rights group MARUAH
Activists point out that the language in the ministry’s response was also telling, projecting the impression that being in Singapore was a “privilege” accorded to the workers. Both the government’s post-riot rhetoric and policy response allow a glimpse into the long-term challenges and pitfalls of this issue. Framing the presence of foreign workers as the granting of a “privilege” ignores the fact that Singapore needs them desperately. The Housing and Development Board (HDB), among the largest employers of foreign construction workers, is ramping up building of new flats in order to meet a housing shortage – releasing 13,600 flats in 2013. In November, it made 8,952 flats available in a single launch, the largest in its history. This number is projected to more than double to 28,471 Built-to-Order flats in 2014. But there has been no equivalent rise in dormitory accommodation for workers, the supply of which still suffers from a severe shortfall and lack of quality control.22 Policy rhetoric in Singapore has always made a fundamental conceptualization of foreign workers as purely economic entities – a factor in a model. The language of ‘human rights’ or ‘moral imperatives’ that activists evoke has had no place in this discourse. Indicative of
In late January 2014, acting Manpower
recommendations.
Minister Tan Chuan-Jin cited a survey his min-
“The riots should have sparked a debate, a
istry had conducted in 2011, saying that “90
soul searching about what kind of society we
per cent of about 3,000 work permit holders
want to create for migrant workers,” says Jolovan
and 500 S-pass holders” were “satisfied” with
Wham of local NGO Humanitarian Organization
their stints in Singapore. There was no basis, he
for Migration Economics (HOME). “But it instead
added, to allege that widespread abuse of for-
may enhance social control mechanisms against
eign workers in Singapore was an underlying
migrants.” ATM
18
Migrant Workers and the Arts
in Singapore. So far, the project has produced short films, online vid-
Sai In 2008, a proposal to convert an unused school, the Serangoon
what they termed a ‘one-dimensional’ representation of Bangladeshi
Gardens Technical School, into a dormitory for foreign workers led
workers in Singapore.
eos and a photo exhibition at the Art House - hoping to add depth to
to an angry, intense opposition campaign by residents of the nearby
In March 2013, they also held an outdoor theatre production
Serangoon Gardens condominium. Over 1,600 households in the
in Little India called ‘Hard Times, Easy Money’ starring workers
vicinity signed a petition opposing the plan, arguing that housing
involved with a new cultural space called Dibashram. Located on the
foreign workers nearby would “create security and social problems
upper floor of a conserved shophouse in the middle of Little India,
and spoil the ambiance of the estate”.
Dibashram aims to run free programmes, recreational activities and
The Serangoon Gardens incident highlights an issue often
cultural events for and involving the migrant worker.
glossed over in policy debates: the social integration of workers
It’s also become a much-needed resting spot for workers on days
into Singaporean life, and their interactions with Singaporeans. The
off. A stream of workers go in and out of the airy studio space, taking
depiction of South Asian workers in popular culture is often reduced
naps during the day or picking up a local Bangla newspaper that’s
to stereotypes and racist caricatures, and they’re often marked as
edited and drafted there.
undesirable elements.
In September 2013, entrepreneur Adrianna Tan organized a
But a number of local artists and activists are working to change
“Biryani/Beriani” event where Singaporeans, expats and South
that – presenting both an alternative view of Singapore from the
Asian migrant workers shared Biriyani (a spicy rice-based dish),
worker’s point of view, and introducing Singapore to culture and
and swapped knowledge of the Indian subcontinent’s diversity of
traditions from countries like Bangladesh.
Biriyani traditions.
Little India has been a source of inspiration for many local pho-
Another photography project, InsideOut, provided migrant
tographers. Aikbeng Chia’s collection of street photos titled “Tonight
workers with basic photography skills and asked them to photo-
the Streets are Ours” looks at the eclectic, joyous, fiercely multicul-
graph their views of Singapore. The volunteer-run initiative was
tural street life of the neighbourhood.
inaugurated in 2005 and featured in exhibitions in 2009 and 2010.
In 2012, Joses Kuan, 26, Ng Yiqin, 24, and Bernice Wong, 24, started
In 2011, 25 migrant workers, including some residents of shelters run
a project called “Beyond the Borders, Behind the Men (BTBBTM)”, an
by the Humanitarian Organisation for Migrant Economics (HOME),
online social initiative documenting the lives of Bangladeshi workers
participated in 10 intensive workshop sessions.
19
Charting the worker ecosystem by Krish Raghav It’s important to note here that the experience
and salary. This averages at S$ 600-800. “Since
As the workers begin their jobs, this asym-
of many migrant workers in Singapore is also
Singapore doesn’t have a minimum wage, I’ve
metry continues. Employers are allowed to repa-
extremely positive. In fact, the vast majority of
seen IPAs with salaries as low as S$ 400,” says
triate at will, and terminate workers for the flim-
workers finish 4-6 year stints in Singapore with-
TWC2’s Russell.
siest of reasons. Co-workers are often unwilling
out incident, send money home and return to
But once workers reach Singapore, they’re
to provide testimony in support of the accused
start businesses or take local jobs. Even some
sometimes given completely new contracts
worker for fear of suffering disadvantages in
injured workers, like 29-year old Prabhu who
(often with lower salaries) to sign. By this point,
their daily work routine. This creates a climate
suffered an accident after five years of construc-
they’ve already incurred a debt in getting placed
of fear and submission, accentuated by the
tion work in Singapore, successfully fought a
at the job and have no choice but to accept this
practice of hiring so-called ‘repatriation com-
compensation claim and won. “I’m going home
bait-and-switch, a practice called ‘Contract
panies’ that have been reported to harass and
in four months,” he says, content.
Substitution. “Contract Substitution is consid-
threaten ‘troublemakers’ or workers with ‘atti-
But this picture attributes economic ‘success’
ered illegal in many parts of the world,”, says
tude’ problems.24
as the sole signifier of a system that also causes
TWC2’s Russell Heng “But no Singaporean law is
In this climate, it’s no surprise that a web of
some fundamental psychological anxieties and
broken here. And the worker has no recourse. “
unsavory elements rears its head. Companies
deep alienation in workers. And at the heart
An additional obfuscation occurs with
sometimes hold on to workers’ wages as col-
of the problem, in both positive and negative
deductions to a worker’s base salary – costs
lateral for ‘good behaviour’, middlemen seduce
experiences, is a gigantic asymmetry in power
incurred for room and board or meals are some-
workers with illegal work that pays higher
in the worker ecosystem.
times not made transparent in initial contracts.
hourly rates, and documents like pay slips and
Before coming to Singapore, migrant work-
Once in Singapore, the lack of viable alternatives
contracts are often missing (their issuance is not
ers have to obtain what’s called an ‘in-princi-
means accepting the deductions, and a lowered
mandatory) or conveniently ‘lost’, making offi-
ple approval’ that mentions their employer
salary than expected.
cial complaints next to impossible. 25,26,27 ATM
Foreign workers enjoying a meal together on their day off (c) Latiff, H. (2014, January 5) more at: http://bit.ly/Latiff_set
20
A busy lane in the busy district of Little India, Singapore (c) Latiff, H. (2014, January 5) more at: http://bit.ly/Latiff_set
The data crunch
some basic numbers, such as the number of Indians, or Chinese workers among con-
The remarkable output of research and
struction workers overall. “ says HOME’s
analysis from Singapore’s NGOs that work
Jolovan Wham.
with migrant workers is despite access to
This puts commentators at a distinct
data, and not because of it. There is still a
disadvantage, and prevents answers to
huge data crunch, gaps in statistics and
questions that would really move the pol-
information that is not available to the
icy debate forward, such as the impact of
public.
wages on HDB costs. “We often to find
“Information asymmetry is alive, and
clever work-arounds,” says Kum Hong.
very deliberately kept alive”, says Siew
“We may not have raw data, but we can
Kum Hong, the vice president of MARUAH.
always question the methodology, infer-
“The government therefore will always
ence and assumptions.”
have a strategic advantage in policy debates since they have all the data.”
MARUAH President Braema Mathi hopes to connect it to a larger issue of
Part of the problem is selective dis-
information and media freedom. “Until we
semination. The government picks what
have a Freedom of Information Act,” she
it releases, and even data is released
says, “data on issues like this will always
appears in aggregated form with no qual-
be held hostage to government interests.”
ifiers or context. “We don’t even have
21
The Bigger Picture by Krish Raghav There’s therefore a cluster of issues that migrants
many new projects unsustainable.28 A common
advocated an increase in Singapore’s popula-
face in Singapore today. First, a loose regulatory
rhetorical question asked at forums and work-
tion to 6.9 million.
framework that creates issues around work-
shops on the issue is ‘Are Singaporeans pre-
In 2010, Member of Parliament Yeo Guat
place safety, medical care and access to ser-
pared to pay more for their properties if wages
Kwang said the government was not looking at
vices. Second, a economic model that, without
go up?’ The answer, of course, is no – but in the
the migrant workers’ issue “from the perspec-
a minimum wage or frameworks for due pro-
absence of clear analytical data (See Box 4 on
tive of human rights”. “At the end of the day,” he
cess, stacks power structures heavily in favour
pp.20), it’s hard to gauge if this is the right ques-
said, “whatever factors would be able to help us
of employers. Third, a deepening lack of social
tion to ask.
to sustain the growth of the economy for the
integration that creates issues around space,
29
The long term solutions of better integration
benefit of our countrymen…we will definitely
and greater labour mobility are also problematic
go for it.”30 The conflict at the heart of this issue
But the solutions are not that simple. The
– their effects are too nebulous to be of immedi-
isn’t one of competing policy options, but of
economic tweaks that would guarantee a mod-
ate political advantage, and their tone too sen-
competing perspectives. ATM
icum of security are opposed by construction
sitive in the wake of heavy protests against the
companies, who argue that rising wages make
recent government Population White Paper that
security and alienation.
Road construction workers during a night shift in Singapore (c) Latiff, H. (2014, January 5) more at: http://bit.ly/Latiff_set