Caroline Smith

International Relations of India

Dr. Marshall Bouton

November 28, 2008

The Role of the Indo-American Diaspora in the Nuclear Deal
The historic Indo-U.S. nuclear deal cleared its final hurdle on October 2, 2008, with the U.S. Senate voting to ratify it 86-13. The significance of the deal, known as the US-India Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy (123 Agreement), reverses 34 years of U.S. policy opposing nuclear cooperation with India. It also gives India the much-desired status and recognition as a de facto nuclear weapons state, recognition which will finally allow India to take part in international nuclear commerce and its scientists to participate in international nuclear research. For India, the approval is a ringing endorsement of its increasing weight in international affairs and an acknowledgement of its growing partnership with the States. For both, the deal will be a significant and unprecedented legacy.
The deal was a culmination of over three years of negotiations and political muscle flexing abroad and at home. Indeed, some believe the role of the Indo-US community made nuclear cooperation a reality, marking the political arrival of the diaspora. Others are more skeptical, adopting a "wait and see" attitude regarding further political activity.
In the U.S., Indian-Americans are seen as the educated, technologically savvy and wealthy minority with growing political influence. In India, the community is seen (albeit recently) as a means to help further Indian foreign policy and security goals as well as contribute toward its economic development.
While the Indian-American diaspora's political activism received much media attention, the influence attributed to the community's political power is overstated at worst, pre-mature at best. Regardless, "the Indian community in the United States constitutes an invaluable asset in strengthening India's relationship with the world's only superpower" (Dutt 181). It is important to watch future actions of the community as it could be India's trump card to becoming a global power. It will depend on a lot of factors, political and economic, but especially the commonality of interests between the United States and India. The nuclear deal, for now, seems like a strong first step and has both national and international implications.
The Indian-American Community: A Background
The Indian-American community is recognized as one of the influential ethnic communities and is often referred to as a model minority. According to the 2007 Census, the Indian American population stands at over 2.5 million people, a fact which some say bodes well for a greater presence of Indians in U.S. politics over time. The following statistics show a model minority indeed:
- A median income of $69,470, nearly double the median income of all American families ($38,8850).
- 200,000 Indian-American millionaires.
- 64.4% of Indian-Americans over the age of 25 have a college degree
- 57.7% of Indian-Americans in the workforce are employed as managers or professionals
-There are 38,000 Indian-American physicians.
-300,00 Indian-Americans work in the high-tech industry.
-15% of Silicon Valley start-up firms are owned by Indian-Americans
-5,000 Indian-Americans are on the faculties of institutions of higher learning.
-80,000 Indians are studying in the US representing 13 percent of the total foreign enrollment in US colleges and universities--the highest number from any country.
-There are four Fortune 500 companies with Indian-American CEOs.
(Statistics from USINPAC)
Political power has always correlated to wealth and "the general wealth of this population could be translated into considerable political power, if other factors were held equal" (Khagram 272).
It stands to reason that Indian political activity is more likely to be found in the cities and states with high concentrations of this population. Yet "Asian Indians are the most geographically dispersed of all the major Asian American groups" (Khagram 269-70). Unlike the Jewish community in New York or the Cuban community in Miami, the Indian-American community is not geographically concentrated to allow significant political influence in crucial electoral states.
The Indian diaspora is anything but homogenous. India itself is a land of diversity. It comprises 16 major and distinct language groups and has at least four major religious communities (Helweg 106). Most Indian-Americans choose to identify with their different regional, linguistic, and religious groupings. This results in the diffusion of mobilization efforts and raises the question of how such a community could achieve and maintain a permanent sense of national identity and unity. According to the High Level Committee Report on the Indian Diaspora, "a weakness of the Indian community has [...] been its failure to unite. [...] This has inevitably adversely impacted the community's ability to leverage its substantial strengths and capabilities in the political sphere."
The Road to Political Mobilization
"Involvement in US foreign policy is in fact often one of the clearest indications that an ethnic community has 'arrived' in American society, and that it has demonstrated its willingness not only to reinforce and uphold American values such as democracy and pluralism inside America, but promote these values abroad." Yossi Shain, Associate Professor and Chairman of the Department of Political Science at Tel-Aviv University
Indian-Americans are popularly perceived as being a politically apathetic minority. In relation to other Asian American groups or the Jews, Indians have a long way to go. The comparison to the Jewish community is the most interesting since the Indo-American community has studied (and piggybacked on) the lobbying skills of the groups to achieve certain political ends.
However, Khagram argues that Indians have a much longer history in the U.S. than is conventionally known and have especially become more involved in U.S. politics over the last three decades (Khagram 277).
The U.S. Asian Indian experience can be divided into two broad historical periods: before and after the 1965 immigration reform act during which their biggest contribution was defining racial meanings and practices in the states, especially the construction of Asian American and white American categories (Khagram 259). Attacks on Indian women in the late 1980s demonstrated the need for political empowerment and the 1990s saw growing political mobilization by the community.
Amit Gupta, an associate professor at the U.S. Airforce Air War College, stated in an essay written in 1994: "In the Indian case, two major events have worked to raise political consciousness and mobilize the diaspora. The first event was the growing tensions between India and Pakistan that were exacerbated with India's 1998 decision to test nuclear weapons. The second was the terrorist attacks of September 11, 2001 in the U.S."
In 1994, the Congressional Caucus on India and Indian-Americans was created. Yet political involvement and political effectiveness are two very different things.
Gupta stressed the need to clarify the nature of political involvement seen from the community, pointing out a difference between lobbying for better foreign relations with India and lobbying for the mayor to jail dog-busters. In a 1996 survey of Asian Indians, a question asked respondents to choose the most important issue facing the United States; three issues--crime, education, an the economy--were among the top chosen. Those issues have repeatedly been found to be three of the top concerns of Americans generally (Khagram 276) revealing some major political concerns as not just group-specific (i.e., immigration or U.S. relations with India).
Since 1965, the impact of Indians on the relations between the U.S. and India has been largely negligible (Khagram 280). Rather Gupta argues, political activity has been inwardly focused with a great deal of political mobilization taking place which effects the community whether through economic enhancements, securing legal protection, or developing networking ties that would promote careers of the next generation of Indian-Americans.
To many, the nuclear deal was a reversal of that.
"Every community has a [political] tipping point that propels them forward or backward," said Sanjay Puri, chairman of the US India Political Action Committee (USINPAC). "[The nuclear deal] was one of those points. The community really got together and got energized. I personally must have talked to hundreds of people. I think we all knew we had a chance to truly make history. This was a proper bottom-up top-down grassroots campaign." USINPAC is a national, bipartisan political action committee and works with members of Congress as well as the administration.
There are many theories for why the Indian-American community lobbied for the deal, from economic motivations to fear of adverse reactions from Indians who didn't want a closer relations with the U.S. Puri believes it was simply love.
"How many Indians do you know in the nuclear industry [who could benefit from nuclear trade]? None. Indian-Americans have been here 20-30 years. They're Americans. They love this country and also love the opportunities their country of origin gave them. People started saying hey, it's not just about running businesses, it's also about giving back. Having worked for all these decades [...] what would be better than to have a stronger strategic partnership? It was taking the relationship to the next logical position."
As for influence from other outside entities supplanting Indo-American advocacy, Puri questions their political leverage. "I'm sure [American businesses like] GE wanted this to pass because they were interested in building plants. I don't know if you get 80 percent in Congress because GE wanted it to pass, though. If that were the case, GE would win every battle. I understand that these folks probably reached out to their respective representatives, and that's good, but I presume members of Congress [did not vote for] it because a couple of companies wanted it to happen. Congressmen vote according to the interests of their constituents."

******The Community Did NOT Play a Role******

Shain states that diaspora groups tend to support the home country as long as it fits into the interests of the host nation. "The development of significantly better ties between India and the United States have come about not primarily because of lobbying efforts of Indian-Americans but, instead, due to a changed political perception in both countries. (Gupta)"
Gupta argues the combination of the U.S.'s foreign agenda and India's need for energy converged, resulting in nuclear legislation.
"What happened is that the Bush administration recognized its long-term competitor is China. To balance China, the U.S. needed to build up its regional powers. One of those is India. Meanwhile, India's problem is power and energy and it was looking for a way to fix this problem. [India[ went to the French and the Russians who said talk to the Americans. [India] went to Condoleeza Rice and Ashley Tellis who said, 'Hm, India is a democracy.' From there, what you started seeing was a push for the nuclear deal coming out of the Bush administration. By and large, the diaspora made noise but what came about was an administration initiative. Non-state entities can facilitate or complicate legislation, but more often than not they do not determine major outcomes in international relations. Governments are still the most important actors. In real terms, unless the administration had wanted [the nuclear deal] to happen, it wouldn't have happened. It's too small a diaspora and it doesn't have that kind of money to throw around."
He also dispelled the business-interest theory: "The Indian-American community doesn't make enough money to have business interests. When it comes to selling hundred billion dollar contracts the people who get to the table are big multi-national companies. Software companies don't have that."
Gupta questioned the political influence of the select few well-to-do Indian diaspora, calling for more data to measure their political influence. "I think one of the worst things that has been said about this diaspora is that it has become politically active. It is more a case of U.S. foreign interest. The case is overstated and [the Indian-American community] likes the idea of overstating it because it makes them look important.
Dr. Bal Ram Singh, director for Indic Studies at Dartmouth took a more neutral stance. "I think [the diaspora] did play a role, but how effective they were is hard to tell." Singh likewise thinks the real initiative came from the Bush administration. "[If the diaspora had not lobbied] I don't think the outcome would be different. I just think it would have taken longer and President Bush would have worked harder."
Dr. Rajen Anand is the chairman of the National Federation of Indian American Association (NFIA). While he fully believes the Indian-American diaspora had a major role in influencing members of Congress, especially democrats, he "gives credit to President Bush. He and Condoleeza Rice worked very hard. They got some help from the Indian community. If not for them, the Indian community would not have been able to do it."
For Anand, there is "no question of [the Indian community] going back" to its earlier politically fragmented days. "Our job was to educate the community to really get involved. [The diaspora] is not very prone to getting involved in the political system because they are busy with their own businesses. [The nuclear deal] was a good issue [to rally people]. We held lots of meetings and lots of conference calls."
Singh considers the nuclear deal a political 'tipping point' for the community insofar as it created a paradigm in Indian and American perceptions of each other. "Indians and Americans might feel much more comfortable [with each other] and it might deepen the relationship and bridge the gap between the two," Singh said. The deal could also have positive impacts on acceptance of Indian economics and politics, he said.
Singh challenged the idea that the issue unified the Indo-American community by pointing out the community remained divided. "Some people opposed the deal, some supported it and to some, it didn't apply to them," he said. "Muslims in India opposed the deal [because they viewed it as the] U.S. and India getting together. Even the Hindu community was divided. In terms of Hindus, there are too many voices. Communists opposed the deal; academia in U.S. opposed the deal saying there was imperial motivation."
Robert Hathaway is the Director for the Asia Program at the Woodrow Wilson International Center for Scholars. Prior to this, he served for twelve years on the professional staff of the Foreign Affairs Committee of the U.S. House of Representatives. Hathaway also heard of in-fighting among various Indian-American groups via insiders involved in lobby efforts. "I think [the diaspora] still has an inability to work together and it really dilutes their political power."
From the beginning, Hathaway knew the bill would be passed. "When the president first signed the bill in 2005-06, I was saying then the votes were there. Bush was going to make this a very important international security idea. I found it very difficult to believe that republicans would oppose it. I assumed a large majority of republicans would support [the bill] by a substantial majority. On the democrat's side, more than a hundred members are on the India Caucus and publicly sided with the legislation. I didn't expect all democratic members of the caucus would support it, but I always thought a substantial minority would join with an overwhelming majority of republicans. So I never bought into the scenario endorsed in newspapers that catered to the Indo-American community. I never bought that [the bill] almost died and [the community] rallied around to save it." He is cautious in ascribing them political influence, because he 'hasn't been able to demonstrate that [the diaspora] changed minds."
Hathaway remains open-minded on the future political activity of the community. "I'm on the side of let's wait and see. [The nuclear deal will have been a] tipping point only if facts in the future indicate whether it was a tipping point. In [the Indian-American diaspora's] minds, it was clearly a coming-of-age moment for them. I'd say it's too early to tell."

******The Dissenters******

"In my opinion the BJP opposed it out of political convenience," Hathaway said.
I'D LIKE TO THANK...
The Indian Government's Gratitude
During and after the nuclear deal, the Indian government frequently issued statements acknowledging the lobbying efforts of the community. In September 2008, Prime Minister Manmohan Singh thanked the Indian community "for their role in mobilizing support for the deal in the House of Representatives." He hailed the diaspora as "the brain bank of their adopted country" and expressed hope that the community would become "the brain bridge between the two countries." (the Hidustan Times)
The government of India aided the growth of the overseas community as it began to see the economic advantages of having a closer relationship (Helweg 13). This has not always been the case.
For many years, the Indian government had adopted a nationalistic view toward Indian communities living outside of India. Since "these people had voluntarily left their country of origin, they should not be given (or allowed to retain) Indian nationality but should adopt the nationality of the country in which they were permanently settled" (Dutt 189).
As for the Indian-American community, legislation allowed the diaspora to move entire households to the U.S. and, more importantly, secure citizenship. This naturally led to diffusion of ties with the home country (Gupta).
The Indian government has much it could gain from a closer relationship with its diaspora. Acting on the neoliberal economic reforms inaugurated in India in 1991, the government has urged Indians in the US to increase trade with India, as well as invest money and establish businesses there (Khagram 280). Here, one can gain insight to a possible motive behind the Indian government's wide public praise of its American-based diaspora. Diaspora investment is yet another area in which China has out-performed India. The High Level Committee on the Indian Diaspora noted in 2002 that the Chinese diaspora's investment in China is far greater than the Indian diaspora's investment in India.
Yet while the Indian diaspora has donated generously during calamities back home (Latur, Orissa Cyclone, Gujarat earthquake), barring a small minority, this support cannot be assumed to extend to investment and business decisions (RHLCID). Due to a number of different factors, from China to new generations of American-born Indians, it is premature for the Indian government to expect that the diaspora will work to help further India in foreign, economic and security policies over an extended period of time.
The U.S. Government's Gratitude
On the surface, the Indian Caucus which boasts the largest membership of any political group of its kind, sounds like the strongest argument for growing Indo-American political influence. However, Hathaway reveals that there is no downside to joining and indeed, one is under no obligation to do anything. "They [join] because their constituents want them to do so. There is no political downside and you please without really alienating anyone in your district. That's why you have [so many members]. My guess is that there are not more that 20 members of the caucus that know much about India or pay attention. In fact, some leaders of the caucus voted against Bhuj earthquake aid in 2001. You can't even assume leaders of the caucus will vote one way on issues of importance [to the Indo-U.S. community]."
In light of Hathaway's conjecture that the bill had majority support from the beginning, what was the motivation for Bush to issue praise and congressmen and women to receive members of the Indian diaspora?
The future
"The Indian Diaspora has to capitalize on the rapidly developing globalization and transnationalism to become a more significant political and economic force" (Helweg 111).
"They will continue to be active in community, cultural, and college campus politics, and, as they continue to grow in numbers, educational attainment, and wealth, they could become a broader political force to be reckoned with in the twenty-first century." (Khagram 281). For this to happen, Khagram stressed the need for forming and strengthening political organizations and building coalitions with other groups, especially other Asian American groups.
Although a portion remains aloof from political activities, a growing section of the community has been gaining political leverage. "Indo-Americans have [...] resorted to the quintessential American practice of fund-raising for political candidates at the federal, state and local levels [...] to draw the attention of mainstream politicians to their concerns." (RHLCID)
"There is considerable scope for better networking with other minority groups in the US like Afro-Americans, Hispanics, Chinese and Jews." (Report of the High Level Community)
"The genie's out of the bottle. The Indian community now knows how to exert themselves in a unifying matter," Sanjay said. He predicts the next issue to mobilize the community will be arguing for the right for India to have a seat on the Security Council in the UN.






















Bibliography
Anand, Rajen. Personal interview. Contact information: E-mail: ranand2@cox.net
Dutt, Sagarika. India in a globalized world. Manchester University Press. 2006.
Hathaway, Robert. Personal interview. Contact information: Phone:
202.691.4012. E-mail: Robert.Hathaway@wilsoncenter.org
Helweg, Arthur W. "Strangers in a Not-So-Strange Land: Indian American
Immigrants in the Global Age." 2004.
High Level Committee Report on the Indian Diaspora. New Delhi: Government of
India. 2002.
Gupta, Amit. Personal interview. Contact information: Phone: 334.201.7206. E
mail: sisir29@yahoo.com.
Khagram, Sanjeev; Manish Desai, Jason Varughese. Asians Americans and
Politics. Ed. Gordon H. Chang. "Seen, Rich, but Unheard?: The politics of
Asian Indians in the United States." Stanford University Press. 2001. pp
258-284.
Puri, Sanjay. Personal interview. Contact information for his secretary: Phone:
703-488-6978. E-mail: cmorris@optimos.com
Puri, Sanjay. "The Indian Diaspora's Political Efforts in the United States."
Observer Research Foundation Occasional Paper. 2004.
Shain, Yossi. "Marketing the American Creed Abroad: Diasporas in the U.S. and
their homeland." Cambridge University Press. 1999.
Singh, Bal Ram. Personal interview. Contact information: Phone:
508.999.8588. E-mail: BSingh@umassd.edu.
www.usinpac.com

My big package

On labour rights abuses. Heh. [I've been hanging around guys too much] Or rather, just one in particular who is the funniest, straight-but-mistaken-for-gay guy I've met here. To give you a mental image, he reminds me a lot of Sandeep. Wayne happens to be a legend in the skateboarding world. Last night we stayed out late walking and talking about graffiti, gangs and his hate for Switzerland. More on all of this later.

I would like to make known again my apologies for the quality of these pieces. I didn't hit desired word count and didn't get everyone I wanted to talk to. Yet I wasn't struck down by the gods of journalism and I continue to produce premium crap today.

Main story: (it's long. just warning you)

Immigrant workers need to be protected

A recent Labour Court judgment ruled that undocumented migrants and refugees had the same labour rights as South African citizens if they were in a working relationship.

While a definitive and positive step in recognising the rights of migrant workers, the ruling only reiterates laws that were already in place to protect workers' rights.

The court's action followed a ruling by the Commission for Conciliation, Mediation and Arbitration (CCMA) last month criminalising the conduct of an employer for hiring illegal foreigners, but protecting the employment arrangement itself.

The ruling applies to both written and oral contracts.

"We see this as a social justice mandate," Nerine Kahn, the director of the CCMA, said.

"The ruling will have a great impact in that before it was not quite clear whether illegal workers were covered or not by labour laws.

"Now, with the labour ruling, it is quite clear they are also protected by law for fair labour practices," said Nandu Manumbete, a labour lawyer with the Nkuzi Development Association.

Nkuzi is a non-profit organisation that provides support to marginalised rural communities in their rights and access to land.

Manumbete said the majority of people working illegally and being abused were on farms, but migrants seldom come forward because they were afraid of being arrested and deported.

"It makes it quite difficult to enforce the rights of illegal immigrant workers," he said.

In 2006, Human Rights Watch conducted a study of employment conditions for foreign farmworkers, particularly Zimbabwean and Mozambican migrants.

The study found migrants were especially vulnerable to exploitation, but also pointed out that South Africans were not exempt from abuse. The report did acknowledge significant improvements in legal protections.

For the most part, the Constitution of the Republic of South Africa, the 2002 Immigration Act and the Sectoral Determination 13: Farm Workers Sector, provide an adequate legal framework for protecting farm workers' rights.

The legal framework for farm workers is consistent with international conventions South Africa has ratified. However, the report highlighted areas where much was left to be desired, and called for action from the government and civil society.

The most notable legal gap was in respect to the protection of undocumented workers, and subsequently South Africans, from exploitation.

With deteriorating political and economic conditions driving more refugees to seek a better life within the borders of South Africa, as well as growing feelings of xenophobia, surveillance of labour rights is even more important.

The Congress of South African Trade Unions (Cosatu) shares a similar view.

"We think it is important to address the resolution of conflict," Tony Ehrenreich, secretary general of Cosatu in the Western Cape, said.

"In respect to undocumented workers, we believe they are entitled to workers' rights to labour laws. The reason we feel that way is also selfish. We're doubly concerned that migrants do not undermine existing labour standards."

There are 20 affiliated unions within Cosatu. One of the ongoing projects involves working together on a drive to organise migrant workers, Ehrenreich said.

The difficulty lies in the rising number of migrants, he added.

"It's like constantly chasing a moving target. We come, we organise and start discussions with the employees so at least the next time when they go to work for another employer, they know their rights."

The Transvaal Agricultural Union (TAU), a farmers' association, said it warned its members about employing undocumented migrants and, if caught doing so, were on their own.

"We cannot do anything other than urge farmers to follow the law. If it hasn't been done, then the farmer has to stand by himself," Henk van de Graaf, assistant general manager of communications for the TAU, said.

Van de Graaf said one of the problems was a lack in local labour.

"Sometimes the problem is that local people go to big cities for work and there are not enough labourers. In those cases, some (farmers) take illegal immigrants and they work very well.

"We understand sometimes the issue is a labour problem and people use immigrants. We tell (the farmers) not to get in trouble and that they must make sure any labourer who comes to them has a proof of identity."

The TAU communicates with and informs its members via an internal news bulletin, but can only do so much when there are 6 000 members of TAU, but there are tens of thousands of farmers, said Van de Graaf.

The Department of Labour has also been working on a mass public information campaign to educate farmworkers and employers about farmworkers' rights and the penalties for committing abuse.

"We've been running television ads and advocacy campaigns," said David Esau, business unit manager for the Western Cape. "The challenge is language."

The Department of Labour does not distinguish between foreign migrants and citizens when it investigates reports of labour abuses.

However, the process of filing a labour complaint still includes asking the complainant to produce an ID or work papers, putting the undocumented worker in a potentially vulnerable situation.

"The Department of Labour has a relationship with the Department of Home Affairs to identify certain groups of people to ensure labour rights and occupational rights," Esau said.

"This is to identify particular employers who employ migrants and intervene to take action against the employer.

"Right now, we're focusing all our energies into getting money back to employees," said Esau.

The department identified the domestic, farming and security sectors as critical sectors based on the number of complaints received, Esau said.

Occupational and construction sectors are a problem as well.

"We have programmes in place to target those sectors and be proactive," he added.

The department is planning to do a study next year based on statistics of the numbers of complaints.

"The study will help us combat having to react through proactive actions," Esau said.

Esau said the response to complaints had been very good in the Western Cape on the basis of response time.

"The problems must be dealt with within 14 days. First, there is direct telephonic contact between the employer, worker and us where we try to mediate. There is an approval period of seven days.

"After that time, if the matter becomes a conflict of interest, a labour inspector is then involved. Then it becomes an issue with documentation to prove allegations.

"If the employer doesn't comply, the matter may then be referred to the labour courts or to CCMA. In the Western Cape, 93% of all complaints get resolved." About 20 cases a month go to court.

Another obstacle the department faces is a lack of resources to effectively monitor labour practices.

Currently, the department does not offer a specific hotline for people to call in about labour abuses. There are 12 labour centres throughout the provinces with approximately 919 labour inspectors.

The job of a labour inspector is to conduct inspections and investigate labour abuses in all sectors of the work force. Corruption is a real problem and, combined with the lack of resources, serves as a major hindrance in effective monitoring, according to the Human Rights Watch study. The department also acknowledged problems.

One way this is dealt with is sending labour inspectors out in teams. Inspectors are also given subsidised cellphones.

"We are currently working to ensure there is a process in place with the National Intelligence Agency in terms of Home Affairs to ensure that (the labour inspectors and their superiors are) financially viable," said Ivan Polson, the head of inspection and enforcement at the department.

"The fact is it's easy to exploit (foreign migrants) and this makes them more vulnerable."

At present, the labour inspection reports are not publicly accessible.

"Being publicly named and shamed could have major and serious impacts and yes it could work," Polson said.

"Employers are touchy about their reputations."

The department tried that tactic last year, but were brought to court after naming a company as committing labour abuses and a report by a labour inspector was found saying it was not doing anything wrong.

"We're doing new research on the name and shame initiative which will be ready by the end of May," Polson said.

The right laws are in place, but often times the follow-through falls short, said Esau.

"It's the responsibility of the worker to alert us to any changes with the contract."

Human Rights Watch suggested that the government should follow the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families.

The convention would protect the interests of workers when employed in countries other than their own, and calls for a wide recognition of the fundamental human rights of migrants.

Last month, the South African Human Rights Commission held a round-table discussion with human rights organisations and other NGOs to sign the agreement.

The commission has been working with the Department of Labour to accompany inspectors when they carry out inspections, according to Vincent Moaga, the SAHCR's spokesperson. The problem again is a lack of resources.

The commission is making preparations to release a second report of recommendations to the government that will include foreign immigrants. Moaga did not comment further on the content of the report.

The Department of Home Affairs does not permit undocumented workers to get access to unpaid wages if they are deported.

The department did not respond to calls or e-mails from the Cape Times. The Parliament Portfolio Committee on Labour could not be reached for comment.

The Human Rights Watch report called for pressure to be put on the Executive to enforce legal protections for migrants as well as close supervision of labour inspectors.

caroline.smith@inl.co.za

Human interest part:

Refugee tells of exploitation and 'unbearable working conditions' on farm

GODFREY Muve worked 12-hour days with no break, while earning one-third the wage his boss had originally promised.

He had left Zimbabwe a year ago to find work in South Africa, but after two months of unbearable working conditions, he quit his job as a security guard watching vineyards.

"The job was scary," he said. The shifts were from 6pm to 6am. "Imagine at night people trying to steal and you have to chase them without a gun, without a weapon."

Muve never received the agreed amount of pay during his time there.

"I was supposed to be receiving R2 100 a month, but got paid R700 to R800. There was a group of guys who asked for their pay, but he (the employer) intimidated them with a gun," he said.

The group ran away and didn't receive their wages, he added.

The workers were provided with makeshift housing.

"He said he lowered our wages because we were staying there for free," Muve said.

According to Muve, he and nearly 40 other workers lived in a railways storage unit.

Living conditions were rough; the building had no windows or electricity, so workers used firewood to keep warm, said Muve. Living space was limited, he added.

There were three rooms; one room stored food and the other two kept people. "There were about 19 or 20 people a room and only two mattresses for each room. Most people slept on the floor," Muve said.

Muve said he never saw a labour inspector during his time of employment and their response after he left the job had been frustrating.

"When I got to Cape Town, I went to the Department of Labour to report him, but they told me I would have to report to the unit in Worcester," he said.

"The guys who were intimidated with a gun ran away and reported it to the Department of Labour in Worcester. The boss was phoned from the Department of Labour. Now, a month after, there has been nothing."

Muve worked during December and January until he left for Cape Town to apply for asylum.

After receiving his documents, he called his previous employer to get his job back. His request was promptly rejected. When he asked about wages for February, his boss refused to pay.

Lazarus Muhasi is still working for the employer.

"We're working about 24 to 26 days a month. Sometimes we work the whole week, but we do not get paid overtime," Muhasi said.

Muhasi wants to leave as well. "I'm afraid of what he has done to others," he said.

caroline.smith@inl.co.za

Xenophobia

Posted below are two of the three pieces I wrote to contribute to a really big package on xenophobia for Tuesday's "News Review" section in the Cape Times. Andrea Hart and I helped reporter Karen Breytenbach on this. Refugees are right up Andrea's alley, so I'm so glad she had a chance to shine so early on into the internship. My third piece was held for next week so I can work it into an in-depth piece on non-citizen labour rights. I'm actually really happy and proud of myself that I came up with the story idea since I'm still feeling a bit like a small fish in a big, unknown sea. Make that 'plankton' in a big sea. I'm such a nerd. Anyway, here they are. ***Note: The stories received little or no editing so please don't judge the bad quality of my writing! I only feel good about a story after it's torn apart by a hardened editor. I guess this is why some newspapers won't accept clips from abroad. I'll just have to watchdog myself from now on.

Tuesday, April 15, 2008

Hout Bay township time bomb ticking ...

To a naive eye, a cursory glance at the township in Hout Bay, Imizamo Yethu, would appear to reveal a bustling place of chaotic yet somehow cohesive co-existence.

On a Thursday afternoon, children are running and playing as women are keeping a watchful eye, preparing dinner and chatting. The men are playing pool and talking in their own circles. With limited space and both economic and social constraints it seems there would be a strong community-based understanding of a shared situation.

Yet that is not the case. The clusters of people are calculated and defined not by proximity or personality, but by ethnicity. There are schisms in the community between South Africans and refugees. Xenophobia simmers in the back of minds and all it takes sometimes is a bad day to elicit it. In an 18-hectare area designated for about 2 500 people, but with an actual population of about 35 000, it is a time bomb waiting to happen, said councillor Marga Haywood.

"Some of the refugees are right, " said Pinky Dungelo, a South African. "I'm friends with the good ones. But 99% of them are not right. They must go back."

Dungelo, born and raised in Hout Bay, said her major complaints about refugees were that they were sick, dishonest and rude.

"We've got no problems with them; they have problems with us by stealing from us," she said. "They're dangerous. They act like they're looking for jobs, but their details are fake and we don't know their real names."

According to Dungelo, the refugees get women pregnant then disappear. Relationships between locals and foreigners are trouble. "If they have a Xhosa girlfriend and they fight, they beat the girl. They're not hitting her like the way a South African man would. They fight like she's a man."

Fear also exists on issues of safety and health. Dungelo believes refugees spread diseases. "Zimbabweans have worms and you get it from sex with them." Dungelo said she had never seen the worms before or knew of anyone who had, but she heard about it from other people.

Around the corner, no more than a few metres away, sat Hango Jose, a Zimbabwean refugee who has lived in Hout Bay since 2003. Jose came in the hope of finding economic opportunities. At present, he is unemployed. He has experienced xenophobic remarks before, but never any acts of violence.

"Several South Africans told me to go back to Zimbabwe and that I don't belong," Jose said. He doesn't feel the remarks are warranted or that refugees are taking jobs away from South Africans. "Most of the refugees here take the jobs at bars others don't want," he said. "The contractors are employing Zimbabweans. They believe Zims are stronger than South Africans."

caroline.smith@inl.co.za

Sudanese success story in SA

"I came to South Africa because of freedom and democracy."

Eleven years ago, Faiz Salih left his family and life behind in Sudan to try for a better life in South Africa. Now, he is a South African citizen, happily married to a South African and is manager of two stores. He regards his story as one of success. Salih attributes the small and close-knit community structure to his successful incorporation into South Africa.

"If you want to go anywhere in the world, first ask a Sudanese," he said. "The community helped me out when I arrived. Now when new people come, I feel I have to help them. At the moment, we have four guys and (the community is) supporting them and giving them a place to stay. We tell them where to go and what to stay away from. "

Salih does not think Sudanese have experienced xenophobia as much as other refugees. "There are not a lot of Sudanese in South Africa. In Cape Town, there are less than 100. Most are educated and involved in life in South Africa. Some people have told me to go back, but only as a joke."

As for his inter-marriage, Salih faced more antipathy from his side of the family, who are Muslim, than from his South African in-laws.

On the topic of refugees, Salih urged understanding from South Africans. "Africans have helped South Africa before. I remember in school we learnt about Nelson Mandela and there always used to be a donation. I'd go home and ask my father for money. At least when (refugees) come here you must give them chances."

He does not think refugees are taking jobs from South Africans. "We can't get jobs so most create their own. All of the Sudanese shopkeepers I know employ at least one or two South Africans. We help the community. We also help the country."

Salih wants to return to his homeland, despite his comfortable life here. It can be difficult, he admits. "Some people have been here for 15-20 years," he said. "They had no experience (in Sudan) and when they went back they didn't succeed."

caroline.smith@inl.co.za

I'm not dead (yet)!

April 12, 2008

Hellooo all! Or should I say 'molo'? I think I shouldn't. And let's not even talk about the 'sound quality of my clicks for Xhosa.

First of all, my thanks to all the wonderful, caring inquiring minds asking how things are going for me this side of the hemisphere. My apologies for dropping of the face of the earth and not responding, leaving some to wonder if I'm alive (sorry Mom, Dad). Hopefully this clears up any worries.

I've been really busy and internet has been spotty. Cape Town is beautiful and fun and since starting my internship at the Cape Times on Monday, I've been able to carve out more of a schedule for myself and, put simply, slow the f*** down. Running around with the group of NU journalism kids was fun, but hectic (BTW 'hectic'is a popular word used here and is often said by itself; think of it as a replacement for 'crazy'). It completely blows my mind that I've only been here for two weeks. I feel like I've been here for an eternity, but not in a bad way.

A brief and selective run-down of my life so far:

I arrived in Joburg, SA March 29. Prof. Doug Foster's partner Chengeyati met us at the airport and whisked us away to our lovely B&B in Melville. He left just enough time to buy cell phones (my number btw is 076 558 0510 and if you're calling from overseas you need 011 27 first) before taking us to dinner where we chilled with the editor of the City Press and NELSON MANDELA'S GRANDSONS!!! That's right. I just name-dropped. I spoke with K, one of the grandsons, for the majority of the dinner about his independent film career and music. Nice guy, nice skinny jeans. After dinner, Chengeyati invited us over to his house for wine. What began as an innocent get-together exploded into a full-fledged party as some of my peers got black-out drunk and two of my peers (both of which are living with me here in Cape Town) made out with people of prominent backgrounds. Andrea, my roommate, hit it off with K and feminist, peace-loving Ashley made out with Charles Taylor's son. You know the one. Former president of Liberia and prominent warlord (the Dad, that is). Oh life's little ironies. The following morning's re-cap of events was quite entertaining to say the least, especially in light of the fact Ashley didn't know exactly just who she had made out with and had skittered away when he had asked if she had "made sex" before.

Sunday we met up with Chengeyati for an informal tour of Soweto, the largest township in SA. We went to a museum and then to a restaurant in the township where the people-watching was just great. The restaurant can be best described as a place where foreigners come to get a 'taste' of a township and successful township residents come to flaunt their wealth. After that was a quick tour of a house Mandela stayed in for a bit after his release from prison (complete with a WWE champion wrestling belt given to him as a gift from some dude). Chengeyati then took us to a shebeen, an informal bar usually run out of homes where alcohol is sold without a license. Shebeen's are typically run by women who are referred to as 'Shebeen Queens,' according to Chengeyati. At the shebeen I broke away from the rest of the group to go and introduce myself to two locals and had a wonderful chat with them. A second visit to Soweto is definitely a must. That evening, I called my friend Teekay to meet for the first time in our life! After two years of e-mails and other correspondence because he helped me in my SA journalism class, it was amazing and slightly surreal to meet him in person! He was as great a guy in person as I had imagined and we talked late into the night. Eventually some other journalism students from the group joined up and we all had a merry time chatting and commenting on alcoholic drink names like sweet pussy and mermaid orgasm. I ended up getting a blue neglige which was quite tasty.

Monday, Tuesday, Wednesday were full of meetings with important people and organizations and were educational and inspiring I'm sure. Wednesday evening we left for Cape Town where Andrea, Ashley, Blanca and I will remain for the next two and a half months.

Thursday April 3, we hit the ground running and went to meet with a member of the prominent AIDS activist grassroots organization Treatment Action Campaign (TAC). They were in the middle of a protest in front of Parliament, though, so our group was swept up in a sea of singing, dancing activists. It was exhilarating, beautiful and everything in-between.

::PAUSE:: Have to go finish work on a piece on xenophobia for the Cape Times. To be continued...