Lydia Medland – Cabot Institute for the Environment blog

Seasonal Worker visa route encounters problems

Posted on February 27, 2023March 3, 2023 by amanda.woodman-hardy

Radio 4 interview with Dr Lydia Medland

Following the Home Office revocation of the license of one of the seasonal agricultural worker recruitment operators, Dr Lydia Medland spoke to BBC farming today on 20th February 2023 about the scheme (listen here).

The UK Seasonal Worker visa route allows workers to come from around the world to work for up to six months. There are (or were) seven ‘operators’ of the scheme. These are licenced by the government as the recruiters and sponsors of the workers and are responsible for both enforcement of the scheme requirements, particularly ensuring that workers go home at the end of their stay, and for worker protection.

The UK has had some form of seasonal worker migration scheme since the end of World War II, but the current scheme dates from 2019, when following Brexit, EU workers no longer had access to the UK labour market, and UK fruit and vegetable growers and food producers had to look elsewhere to fill seasonal labour vacancies.

At the end of 2021, Dr Medland and Dr Scott (University of Gloucestershire) wrote a briefing outlining problems in the design of the scheme recommending major changes including a guaranteed minimum income, and for workers to have full access to public services.

In her interview with Radio 4 on 20th February Dr Medland spoke of her concerns that the same companies are responsible for ensuring workers’ return as are responsible for preventing their exploitation, saying that with ‘…outsourcing to for-profit businesses of this dual very important role, it isn’t surprising that something has gone wrong, I think the UK should go back to the drawing board on this scheme.’ Academic research has found (see for example Costello and Freedland, 2014) that where there is an interaction between protection of workers and enforcement of migration law, the enforcement role takes precedence. This leaves workers vulnerable to exploitation because they fear the same organisations and laws that are also meant to protect them.

Radio 4 put these comments to the Home Office who said, ‘The seasonal workers route has been running for three years and each year there have been improvements.’ However, the increasing scrutiny of the scheme by researchers, NGOs and journalists may be having some impact because on 23rd February 2023 Mark Spencer, the Farming Minister announced that Seasonal Workers coming to the UK on the scheme would be guaranteed 32 hours a week of work. This is in response to reports that workers are returning in debt because of there is less work than originally expected.

Whilst the Seasonal Workers visa route is no longer officially a ‘pilot’ it has only been renewed until the end of 2024 and it remains open to significant review. This policy is part of the focus of the ‘Working for 5 a day’ project because seasonal migrant workers are a vital part of the labour force that ensures consumers have access to fruit and vegetables. We will continue to follow this policy development and its changing context.

——————————-

This blog was written by and has been reposted with kind permission from Cabot Institute for the Environment member Dr Lydia Medland. View the original blog.

Food Connections

Posted on June 20, 2018April 4, 2023 by janet.crompton

Last week the Bristol Food Connections festival explored “all that is GREAT about food in Bristol (and beyond)” [1]. This made me realise that what I am exploring are the separations in our global food system. While so much of food in Bristol is ‘GREAT’ there is still much work to do about what is NOT SO GREAT. In the global food system, the separations between those who produce and those who consume what is transported around the world are many: income, origin, lifestyle, language, history, opportunities, culture, diet, microbiome – you name it there are separations in the way we eat and live.

This weekend I co-facilitated an event, Philosophy Breakfast: The ethics of global food production, with Julian Baggini, philosopher and author of the book, Virtues of the table: How to eat and think, [2]. Julian focused our thoughts on ethics and justice, and I grounded us with a case study, on tomatoes produced in Morocco, based on my recent fieldwork. We were treated, literally, to food for thought, in the form of a breakfast bap and coffee from the Boston Tea Party as well as a full house of attendees ready and willing to reflect on their role in the food systems. I was determined that this group, who had been motivated enough to get up for a 10 am Sunday start, also be given space to tell us what we should be considering in relation to the ethics of food. So, we invited each table to choose a breakfast food element to reflect upon, bread, coffee, tea, bacon, tomatoes and mushrooms, as they slowly digested its nutrients and food dilemmas.

Framing the session Julian considered our role as consumers by drawing on the thoughts of some classical philosophers from Plato to Sen: we should not, he suggested, be afraid of always getting everything right, but we should at least do our best to avoid contributing to what we find clearly morally wrong. How to go about this? I asked our participants to think of questions which might help us reflect on each of the breakfast items to help us consider these dilemmas. Furthermore, perhaps we might have questions for others; for the supermarkets, for the governments, and for the companies involved. My favourite question from this savvy group was, for meat: “was it worth an animal dying for me to eat this?” something that connects to my blog on the great value of seeing meat as sacrifice: ‘L hawli‘.

My talk related more to the question about coffee, “What labour standards (how bad would they be) would stop you buying coffee?”. What a question. International labour standards usually boil down to a mutual agreement that the countries involved in trade will apply their national labour laws. They may also be required to ensure that these national laws meet international standards, but what are these international standards? Since the 1998 ILO Declaration on Fundamental Principles and Rights at Work (ILO, 1998) [3], international labour law has been focused, or in practice narrowed, depending on your perspective, to just eight core conventions covering four areas (collective bargaining, forced labour, child labour, non-discrimination at work), out of a possible 189 conventions covering many other very important areas [4]. So this is a relatively weak starting point, which in most cases simply attempts to ensure already existing minimum standards (laws) are implemented.

What happens also, when national laws do not meet the needs of workers? Too often agricultural work is excluded from normal labour standards, or minimum wages are lower in this sector. This is not just the case in poorer countries. In the USA, the world’s richest state, many agricultural workers are exempted from minimum wage and overtime entitlements of the main national labour legislation, the Fair Labour Standards Act [5]. This is discrimination sanctioned by law.

Such discrimination between agriculture and other sectors is also the case in Morocco, where I carried out fieldwork. Whilst the legal minimum wage in other sectors is £8.29, the minimum day wage for agricultural workers is significantly lower at £5.37. OK, you may think, but life is cheaper there. Not that much cheaper. We can convert that minimum agricultural wage to a UK equivalent via the Purchasing Power Parity formula, (or PPP) this tells you what the equivalent wage would be in the UK. That equivalent of that minimum agricultural wage in a UK context with UK housing, food and other costs would be £13.51. This is not enough to live comfortably, barely enough to survive.

This is why then, the first findings chapter of my thesis is entitled “No Money”. If a major supply chain, feeding us year round with produce that we increasingly depend upon, rests on a starting point of an unreasonably low minimum wage, we cannot consider this a socially sustainable global food connection. And it is a connection. Although we are separated by distance, language, culture and long food chains, it was not difficult to find tomatoes just on our doorstep. Even last week when the ‘counter-season’ was officially over (as we now produce more in the UK so there is less market for non-EU producers) I could easily identify tomatoes in Bristol from a major company in business just outside of Agadir, Morocco (where my research is focused). I know workers from this company’s greenhouses and packhouses and spent months in daily conversations with them about what needs to change. They are calling for increases in wages and working conditions, better childcare and better social infrastructure. The separations then, are there to be bridged.

Transparency came up a lot on the morning of our event. How is there so much information about the attributes of food itself, and so little about those that produce it? We can only find out about food if actors involved in the sector are willing to be open (governments, retailers, employers). This showed at the Bristol Fruit Market, which I also visited as part of the Food Connections festival. The openness of the owners to discuss their business and show us around their distribution centre was in very clear contrast to the supermarket distribution centres which are shrouded in secrecy. Yet this is not the case at every stage of the process and it is only by asking questions, and showing that we care, that we can have any leverage at all to shift the harshest dynamics of global food systems.

Why are wages so low in the food sector? How can we revalue food? How can we keep alternative routes to market going (such as through wholesale)? How do we know if workers are treated fairly? What does that mean? How can we improve social and labour conditions in global production? These some of the questions that I am working on at the moment.

Groups feed back from their discussions at the Philosophy Breakfast event 17 June 2018

[1] Bristol Food Connections Festival website

[2] BAGGINI, J. 2014. The virtues of the table: How to eat and think, Granta Books.

[3] ILO 1998. ILO Declaration on fundamental principles and rights at work. International Labour Conference. Geneva: International Labour Office.

[4] A list of the 189 ILO conventions

[5] See, Guide to the Fair Labor Standards Act

[6] This is known locally as the difference of the SMIG, the minimum legal industrial wage, and the SMAG, the minimum legal agricultural wage. The SMIG is set by the hour (13.46 Moroccan Dirhams). An 8-hour equivalent of the SMIG comes to the GBP of £8.29. This can then be compared to the minimum agricultural wage, set by the day at 69.73 Moroccan Dirhams, equivalent to £5.37 per day.
——————————-
This blog is written by Cabot Institute member Lydia Medland and has been reposted with kind permission from her original blog. Lydia is from the School of Sociology, Politics and International Studies at the University of Bristol.

Lydia Medland

Find out more about the Cabot Institute’s Food Security research theme.

Watermelon work

Posted on February 27, 2018April 4, 2023 by janet.crompton

Did you eat any melon over Christmas? Or a strawberry? Have you seen a watermelon since the summer, maybe cut up in pieces in a boxed-up plastic ready-to-eat fruit salad? If so, that will help you relate to the dilemma for Spanish farmers and the workers they employ that I wrote about in an article called Misconceiving ‘seasons’ in global food systems, the case of the EU Seasonal Workers Directive published in the European Law Journal [1].

In this journal article, I essentially analyse a law, a European Law, but one that now governs the conditions under which seasonal workers from outside the EU can come to Europe to work in agriculture (and other ‘seasonal’ sectors) [2]. It also outlines their rights while they are here, making it both labour law and migration law [3]. This is brought together in an attempt to meet the needs across Europe for workers that pick the counter-seasonal crops such as strawberries, raspberries, melons and watermelons, as well as those summer vegetable crops that I have written about in the past.

A central theme in my work is about the disconnections of modern food production. But it is also about work. Labour, work, people, people who move, people who stay still. You can’t have workers without people. We are, and they are, one and the same. Yet law after law, country after country, policy after policy attempts to do just this by limiting the rights of workers when they come to host countries to work. The EU Seasonal Workers Directive is a recent version of this attempt to disconnect the rights and needs of people who migrate to work, from their status as workers.

Although the UK played a large role in its negotiation, they ultimately opted out of its adoption, and then, as we know, opted out of the EU altogether. Yet, this doesn’t mean that the influence of this directive stops at the UK border. The workers that pick many of our out of season crops in countries such as Spain and Italy, are governed by it. Furthermore, the UK is looking for options post-Brexit for how to govern seasonal work by migrant workers and this could give an insightful suggestion of what that might look like. This blog then, brings out a few elements of the article, which looks at the directive from the lens of a case study in Southern Spain: where our watermelons come from.

The farmers that I interviewed in Southern Spain work within the law. They ensure that they produce to the highest health and safety regulations, that they are registered, and work with certified exporters. These exporters (sometimes called co-operatives because they began as farmer cooperatives) then do an extensive quality selection in which they throw away much of the fruit and vegetables which do not meet the standards that you, your mum or your Grandparents might want for your year-round desert of prepared fruit salad.

Due to the very low wages and hard working conditions, not many people want to work picking these fruit and vegetables. The labour market is therefore dominated by migrant workers who have fewer language and transferable skills to find better paid and easier work elsewhere. Most people have all the legal requirements to work. However, for various reasons, the most vulnerable do not. They may not been in the EU long enough to regularise their status, they may not have employers to support them in doing this, their papers may have been rejected, they may not have had the money or the contacts to get a visa, they may have escaped distressing situations, made arduous (planned or unplanned) journeys towards the EU, some may also be refugees. In any case, these individuals also suffer from the need to work in order to live, and are some of the most vulnerable in the labour market. Furthermore, farmers generally do not want to hire them because they risk a €10,000 minimum fine if they are caught employing workers who do not have legal permission to work. So what happens?

The European Union want to solve the seasonal need for fruit pickers by offering temporary visas for people to come for a few months at a time to European countries (where most of your strawberries, tomatoes and watermelons are produced). In theory this is a model of carrot and stick – the carrot, the incentive, for prospective workers in countries like Morocco or the Ukraine is the temporary visa. I will ignore in this short blog the contradictions of the idea of ‘circular’ migration although I’ve covered this in the article. In short, it is not as advantageous as it seems at first glance. The main ‘stick’ or disincentive is increased border control that has been happening in the same context as the development of this directive, and the increased marginalisation of undocumented migrant workers who are already within the European Union but who are not given any options under this new directive.

Although this may sound logical, the EU Seasonal Workers Directive, in fact, is created in a context of false divisions and it therefore creates several more problems. Firstly, as we have explored, seasonal agriculture, in a context of intensive production, follows the time periods of when you like to eat melon, as opposed to when melon (etc.) is naturally in season. That means more than a few months of the year. So farmers like workers who are already in the country, who they can hire in person and work with over a steady period of time, building daily working relationships with.

Under temporary work schemes such as the EU Seasonal Workers Directive, migrant workers have reduced rights, therefore facilitating the creation of a legally mandated second-class tiered labour force. Temporary workers are also highly vulnerable to falling outside of the terms of their visa. Such seasonal work visas link their visa permission to their employers, something that makes them highly dependent on them and vulnerable to abuse [4].

Finally, seasonal migration is simply a form of temporary migration, aimed at avoiding the creation of a long term ethnic community in the host country. Historically, wherever host countries have attempted to invite ‘guest workers’ yet avoid settlement of migrant workers, this has failed. So the EU here, is criticised as still wanting to import ‘labour’ and not ‘people’ [5].

Let’s return to the watermelons and the farmer who intends to play it by the book. Unfortunately, this famer’s ultimate buyer doesn’t care much for the rule book. What they care about is ensuring that you get your summer fruits, cheaply, regardless of the season and regardless of who picks it and how protected they are or not. So the farmer is placed into a very difficult position which seems to sum up the tensions between our year round demand for cheap food and the just-in-time immediacy and demands that this puts on the people that produce it. A small farmer in Southern Spain described the situation in this way:

Once they were going to come [the export cooperative], we were arguing about the watermelons, whether we should pick them or not and in the end they said to me; “alright, this afternoon we pick them” and I said, “this afternoon I don’t have any workers” and they said; “either we come and get them this afternoon or we don’t come”. So I said, “Well, come” and when they come to pick the watermelons, I need a lot of workers, four people, and so I say, “where am I going to find those people? I can’t get…” so I went to the garage in El Ejido and there were four Africans just there.
[cited in 1].

The ‘watermelon dilemma’ of this farmer therefore demonstrates the final reason why the EU Seasonal Workers Directive, and other similar laws ultimately do not answer the problem of seasonal work: much seasonal work does not require workers for three or five or nine months, but a couple of days. In small scale production, you could perhaps ask family to help, but not on this scale. In these ‘enclaves of production’ at the European border, where everything is orientated so that it can provide cheap food to Tescos, Waitrose or your local greengrocer, the most vulnerable workers will always be needed to take this work. If they need the scarce work they can get without papers, while this work exists, they will probably be ready to take it. Yet the EU regulators prefer to simply ignore these watermelon pickers. By not offering them a route to legality this work will also condemn them to ongoing poverty and precariousness. In the process of drafting the EU Seasonal Workers Directive, an option was proposed to allow such migrants to apply for a seasonal workers visa (which would be fitting as they are the real ‘seasonal’ workers), yet this was rejected, leaving the watermelon pickers in an ever more precarious situation, dependant on the ever more scarce and desperate farmers whose lack of profits push them to take the risk to hire the people in most need of work.

There are many problems with this directive. However, in my opinion, the biggest problem that it represents, is the disconnection. This is the disconnection between a society that is happy to eat cheap food but that does not want to accommodate the workers that produce it with the same rights as they enjoy. Should the UK come up with similar legislation in the upcoming years we should be very careful indeed to pay attention to the underlying assumptions and disconnections and their impacts on the people that might come to do seasonal (or un-seasonal) work and on those who are already here doing it. In the meantime, this directive is up for revision in 2019.

References

1. Medland L (2017) Misconceiving ‘seasons’ in global food systems: The case of the EU
Seasonal Workers Directive. European Law Journal, 23(3-4), pp.157-171.

2. European Union (2014) Directive 2014/36/EU on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers. Official Journal of the European Union L 94/375.

3. Fudge J and Olsson PH (2014) The EU Seasonal Workers Directive: When Immigration Controls Meet Labour Rights. European Journal of Migration and Law 16(4): 439-466.

4. Rijken C (2015) Legal Approaches to Combating the Exploitation of Third-Country National Seasonal Workers. International Journal of Comparative Labour Law and Industrial Relations 31(4): 431-451.

5. Zoeteweij-Turhan M.H (2017) The Seasonal Workers Directive: ‘… but some are more equal than others’. European Labour Law Journal, 8(1), pp.28-44.

————————-
This blog was written by Cabot Institute member Lydia Medland, it was originally published on her blog Eating Research and has been re-published here with her permission. Lydia is a PhD student at the School of Sociology, Politics and International Studies at the University of Bristol. Her research looks at the Global Political Economy.

Lydia Medland

Read Lydia’s other blog: Olive oil production in Morocco: So many questions.

Olive oil production in Morocco: so many questions

Posted on October 31, 2017April 5, 2023 by janet.crompton

No standard salad would be complete without olive oil. Our friends the lettuce, tomato and cucumber now come automatically accompanied by the vinegar and the oil, the oil and the vinegar. Perhaps in a bottle, perhaps in a sachet, perhaps in some kind of over complicated vinaigrette processed by a supermarket near you, along with lots of salt and some corn syrup, a 21st century salad in the Western world would be naked without an olive dressing.

This weekend, after an intensive academic seminar in Morocco[1], we studious seminar attendees were rewarded with a field trip. So I was taken out to visit three agricultural holdings in action. They all grew olives, but apart from that, had little in common. These three: large, medium and small producers in turn gave us a hugely insightful opportunity to witness agricultural change in action. Since the turn of the millennium the large site, on previously colonial, then state-held land had been an apple orchard and had now turned to olive oil. The medium one had been focused on cattle, making use of previous common land, that was now enclosed land, and was now diversifying with oil, watermelons, and more. The small producer produced a full range of things including olives for their own oil and most recently had established a side income in both fish and honey production.

Firstly, we learnt how to make money. Morocco’s heavily financed agricultural development programme, Plan Maroc Vert, which aims to intensify the agricultural system into a new-age competitive beacon of the modern food system, offers attractive incentives to spruce up agriculture in the country with new machines. All you need is to write a proposal (a report), have money to invest (from bank credit perhaps) and an impressive part of your money will be returned to you in state subsidies within two years.

So, for example, all three of the small, medium and large producers we visited, had benefited from a 100% state subsidy for irrigation of their crops. In the case of the ‘super-intensive’ large producer this meant state funding for the irrigation of 65,780[2] olive trees from groundwater on a rapidly declining water table. Some of the more landscape-savvy of the seminar group reminded us that olive trees had been grown in the region for centuries precisely because they did not need this kind of constant watering but could grow deep roots and access scarce water themselves. This, however, is not of interest to the ‘super-intensive’ producer. This producer is simply interested in the logic of economic growth, which in this case says: plant the trees closer, and add the chemical nutrients to the water while you’re at it. And so, these 65,780 trees are watered with the addition of nitrogen, phosphorus, potassium and ammonium, yet no studies are evident of what all these substances may be doing to the groundwater. By any other logic this would be a big concern, nitrogen pollution, particularly. Nitrogen pollution of water supplies, or more simply, of the nitrogen cycle, is one of the only planetary ecosystem boundaries that we have already crossed as a human race. This was not relevant in the lesson of how to make money.

Yet, I work with people, so where were they in the Moroccan olive grove? Well, it seems they have been replaced by a machine in this super-intensive oil production. The company, with links to power as far up as it goes, has invested in a machine that drives over the trees like a bridge. It shakes their branches and collects their olives. So much for an investment in rural employment.

Some new olive trees defy the machine but are pretty un-reliable as employers too. These trees that the machine can’t manage provide jobs for only a very precarious seasonal and short-term workforce. I was told that 100 people would be employed for a space of around 200 hectares, and these jobs would last 2-3 months. The company assured us though that these workers would get both contracts and, in order to have those contracts, bank accounts. Thank goodness the banks aren’t losing out.

I should be kinder in tone about the small and medium sized farmers that we visited. Not only did their olive oil taste a lot richer, but they invited us to tea, and allowed us to share their experience of oil production more closely. They humoured our partial language skills and our many, many questions. This was the second major thing we learnt on the trip – we were a team. We were a slightly chaotic, and erratic team, but really quite effective. A little like slugs on a cabbage, we chewed up every bit of information every which way.

Releasing a group of 13 researchers at a family farm, was a bit like inviting children to a playground, or providing clowns with an audience. Each of us found something to play with, interact with, reflect upon and smile. Some of us looked at the trees or identified the plant specimens. Others wrote notes, or took pictures, or carried out semi-formal interviews with whichever family member we felt most comfortable with. Others played with material toys, climbing ladders, smelling fruit or knocking on enormous oil containers to discover them empty. As we found the olive branches, force-fed powder food through irrigated pipes, or in the smaller farm providing shade for some resident chickens, this seminar group grew together, discovering the knowledge of the peasant farmer. This experience was far richer and engaging than any power point presentation or report.

More images can be found on the original blog.

References

[1] “Workshop on Agricultural Labour and Rural Landscapes in the Arab World” Organised by the Thimar collective and supported by the École Nationale d’Agriculture de Meknès, the Leverhulme Trust and the London School of Economics.

[2] Calculated based on 286 plants/hectare in a cultivated area of 230 hectares, this was the details of the holding advertised by the company.

——————————————
This blog is written by Lydia Medland, a PhD student at the University of Bristol’s School of Sociology, Politics and International Studies who is looking at the role of seasonal workers in global food production, specifically in Morocco and Spain. This blog has been reposted with kind permission from her Eating Research blog. View the original blog post.

Lydia Medland

Read Lydia’s other blog: Watermelon work