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Chinese Migrant Workers: Rights Attainment Deficits, Rights Consciousness and Personal Strategies*

Published online by Cambridge University Press:  05 January 2012

Linda Wong
Linda Wong
Affiliation:
City University of Hong Kong. Email: linda.wong@cityu.edu.hk
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Abstract

Dagong 打工 as a way of life gives rise to many abuses and rights violations against China's 200 million migrant workers. This article analyses the intricate issues of rights deprivation, rights consciousness and personal strategies of Chinese migrant workers with the research findings from a large sample survey completed at the end of 2005. The data confirm the occurrence of many types of rights abuses, significant levels of rights consciousness, and preference for legal and institutionalized means for rights defence besides the use of private resources. Furthermore, the findings reveal that the experience of discrimination, consciousness of rights and choice of personal strategies are affected by personal backgrounds like age, gender, education and occupational status before migration, which carry implications for policy. Finally, the article comments on the ongoing debate about “rights consciousness” versus “rules consciousness” in contentious Chinese politics.

Keywords

migrant workers' rightsrights consciousnessrights deficitspersonal strategiesgenerational differences
Type
Articles
Information
The China Quarterly , Volume 208 , December 2011 , pp. 870 - 892
Copyright
Copyright © The China Quarterly 2011

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References

1 The term refers to the poor conditions of waged employment characteristic of migrant workers in China's Sunbelt, which subject labourers to discrimination and exploitation, often resulting in protest actions. See Lee, Ching Kwan, Against the Law: Labor Protests in China's Rustbelt and Sunbelt (Berkeley: University of California Press, 2007)Google Scholar.

2 A very useful summary is found in ibid.

3 “Migrant workers take new paths in face of economic depression,” Chinaview.cn, 23 November 2009; “China's government reacts to return of rural migrants,” Rednet.cn, 19 November 2009; “Premier shows concern over jobless migrant workers, encouraging self-employment,” Chinaview.cn, 28 February 2009; “China puts joblessness for migrants at 20 million” New York Times, 4 February 2009; Niu Zhijing, “Laid-off migrant workers test China's fragile social security system,” 1 December 2008, http://www.chinastakes.com/2008/12/laid-off-migrant-workers-test-chinas-fragile-social-security-system.html

4 “China's government reacts to return of rural migrants”; “Laid-off migrant workers test China's fragile social security system”; “UPDATE 1-China says jobs the priority for economic policy,” 10 February 2009, http://www.forbes.com/feeds/afx/2009/02/10/afx6030425.html; “China focus: economic woes entrench China's migrant workers in hard times,” 2 March 2009, http://news.xinhuanet.com/english/2009-03/02/content_10926847.htm.

5 “Millions of migrant workers are returning to the mainland's industrial hubs not knowing whether they will find a job,” South China Morning Post, 16 February 2009, p. C6; “Firm collapses in the Pearl River Delta after the spring festival threatens social stability – Guangdong shoe factory closure causes road blockage by hundreds of staff,” Hong Kong Economic Times, 17 February 2009, p. A22; Dune Lawrence and Li Yanping, “China lawmakers prioritize welfare as unrest loams,” 4 March 2009, http://www.bloomberg.com/apps/news?pid=20601080&sid=a22C71nHLb7Y&refer=asia; “Crisis brings threat of crime wave to China,” 21 February 2009, http://www.google.com/hostednews/afp/article/ALeqM5iB6ItKi3H7Lwxlf7-1mOL-53A96g.

6 Perry, Elizabeth J., “To rebel is justified: Cultural Revolution influences on contemporary Chinese protest,” in Law, Kam-yee (ed.), Beyond Purge and Holocaust, The Chinese Cultural Revolution Reconsidered (Basingstoke: Palgrave Press, 2003), pp. 262–81Google Scholar; Perry, Elizabeth J., “Studying Chinese politics: farewell to revolution?” The China Journal, No. 57 (2007), pp. 1–22CrossRefGoogle Scholar; Perry, Elizabeth J., “Chinese conceptions of ‘rights’: from Mencius to Mao – and now,” Perspectives on Politics, Vol. 6, No. 1 (2008), pp. 37–50CrossRefGoogle Scholar.

7 In his Government Work Report to the Ninth National People's Congress in March 2002, Premier Zhu Rongji used the concept of ruoshi qunti (vulnerable group) to refer to peasants, off-duty workers, the unemployed and retirees in the context of a society marked by big income diversity. This is the first time the concept was written into a government work report. Previously, Jiang Zemin had referred to the disabled as a vulnerable group in 2000. See Minjie, Zhang, Zhongguo ruoshi qunti yanjiu (China's Vulnerable Groups Studies) (Changchun: Changchun chubanshe, 2003), pp. 4–5Google Scholar. See also Lee, Ching Kwan, Against the Law, p. 28Google Scholar.

8 Exner, Mechthild, “The convergence of ideology and the law: the functions of the legal education campaign in building a Chinese legal system,” Issues and Studies, Vol. 31, No. 8 (1992), pp. 68–102Google Scholar; Christopher Heurlin and Susan Whiting, “Villagers against the state: the politics of land disputes,” paper presented at American Political Science Association Annual Meeting, 20 August 2007, Chicago.

9 Saich, Tony, Governance and Politics of China (Basingstoke: Palgrave Macmillan, 2004), pp. 290–91CrossRefGoogle Scholar.

10 Ibid.; for full details of the Sun Zhigang case, see Hand, Keith J., “Using law for a righteous purpose: the Sun Zhigang incident and evolving forms of citizen action in the People's Republic of China,” Columbia Journal of Transnational Law, Vol. 45, No. 1 (2005)Google Scholar, http://www.columbia.edu/cu/jtl/vol 451 files/451hand.html, accessed 20 July 2010.

11 Tyroler-Cooper, Samm, “Promoting rights consciousness among China's migrant workers,” China Rights Forum, No. 3 (2006), pp. 63–70Google Scholar; Cheng, Joseph, Ngok, Kinglun and Qu, Heng, “NGOs and migrant workers' rights protection – a case study of the document management service center for migrant workers in Panyu, Guangdong,” The Journal of Comparative Asian Development, Vol. 7, No. 1 (2008), pp. 109–28CrossRefGoogle Scholar; Froissart, Chloé, “Escaping from under the Party's thumb: a few examples of migrant eorkers' strivings for autonomy,” Social Research, Vol. 73, No. 1 (2006), pp. 197–218Google Scholar.

12 McCann, Michael, “An anthropology of the state,” in McCann, Michael (ed.), Rights at Work (Chicago, IL: University of Chicago Press, 1994), p. 7Google Scholar.

13 O'Brien, Kevin and Lianjiang, Li, Rightful Resistance in the Chinese Countryside (New York: Cambridge University Press, 2006)CrossRefGoogle Scholar; Zweig, David, “To the courts or to the barricades: can new political institutions manage rural conflict?” in Perry, Elizabeth and Selden, Mark (eds.), Chinese Society: Change, Conflict and Resistance 2nd ed. (London: Routledge, 2003), p. 132Google Scholar; Pei Minxin, “Rights and resistance,” in ibid. pp. 40–43.

14 Goldman, Merle, From Comrade to Citizen: the Struggle for Political Rights in China (Cambridge, MA: Harvard University Press, 2005)Google Scholar.

15 Young, Graham and Guo, Yingjie, “Managing rights talk in the ‘harmonious society’,” in Cheng, Joseph (ed.), Challenges and Policy Programmes of China's New Leadership (Hong Kong: City University of Hong Kong Press, 2007), pp. 97–131Google Scholar.

16 Jian, Qiao, “Chinese labor relations in 2002: current situation and challenges,” in Liu, Jianget al. (eds.), Blue Book of the Chinese Society 2003 (Beijing: Social Sciences Documentation Publishing House, 2003), pp. 253–60Google Scholar.

17 Jian, Qiao, “Chinese workers' labor relations under the new employment mechanism,” in Liu, Jianget al. (eds.), Blue Book of Chinese Society 2000 (Beijing: Social Sciences Documentation Publishing House, 2000), p. 361Google Scholar.

18 Bureau, Shenzhen City Labour, Constructing Harmonious Labour Relations (Beijing: China Labour and Social Security Publishing House, 2000), p. 170Google Scholar.

19 Jian, Qiao, “The new labor law and China's labor conditions in 2008,” in Xin, Ru, Xueyi, Lu and Peilin, Li (eds.), Blue Book of Society of China: Analysis and Forecast 2009 (Beijing: Social Sciences Academic Press, 2009), p. 323Google Scholar.

20 Perry, “To rebel is justified”; Perry, “Studying Chinese politics”; Perry, “Chinese conceptions of ‘rights’.”

21 O'Brien, Kevin J and Li, Lianjiang, Rightful Resistance in Rural China (Cambridge: Cambridge University Press, 2006), pp. 2–3CrossRefGoogle Scholar.

22 Ching Kwan Lee, Against the Law, pp. 12–13.

23 Pun, Esther, “China's angry peasants,” Council on Foreign Relations, 15 December 2005Google Scholar, http://www.cfr.org/publication/9425.

24 Shirk, Susan, China: Fragile Superpower (Oxford: Oxford University Press, 2007), p. 56Google Scholar.

25 Pun, “China's angry peasants.”

26 Chen, Feng, “Subsistence crises, managerial corruption, and labour protest in China,” The China Journal, No. 44 (2000), pp. 41–63CrossRefGoogle Scholar.

27 Alvin So, “The state and labour insurgency in post-socialist China: implication for development,” in Cheng, Challenges and Policy Programmes of China's New Leadership, pp. 133–51.

28 Research Office of the State Council, Research Report on Chinese Peasant Workers, 16 April 2006Google Scholar, http://www.sina.com.cn.

29 The research was entitled “Social Protection for Chinese Peasant Workers: Plugging a Policy Vacuum” funded by a Competitive Earmarked Research Grant from the Research Grants Council of the Hong Kong SAR Government. The research team was led by Linda Wong of City University of Hong Kong and Zheng Gongcheng of Renmin University. The findings of the survey and a collection of papers on migrant workers are released as a two-volume publication, Gongcheng, Zheng and Ruolian, Huang Li (eds.), Rural-Urban Migrant Workers in China: Issue and Protection (Beijing: Renmin chubanshe, 2007) (in Chinese, 759 pp.)Google Scholar.

30 Wong, Linda and Gongcheng, Zheng, “Getting by without state-sponsored social insurance,” in Nielson, Ingrid and Smyth, Russell (eds.), Migration and Social Protection in China (New Jersey and London: World Scientific, 2008), pp. 155–83CrossRefGoogle Scholar.

31 American Declaration of the Rights and Duties of Man (1948), reprinted in Basic Documents Pertaining to Human Rights in the Inter-American System, OEA/Ser.L.V/II, 82 doc6, rev. 1 (1992) at p. 17Google Scholar.

32 Constitution of the PRC, http://english.peopledaily.com.cn/constitution/constitution.html, accessed 26 July 2010.

33 Goffman, Irving, Stigma: Notes on the Management of Spoiled Identity (Princeton, NJ: Prentice-Hall, 1963)Google Scholar.

34 Li, Xiaoming, Stanton, Bonita, Fang, Xiaoyi and Lin, Danhua, “Social stigma and mental health among rural-to-urban migrants: a conceptual framework and future research needs,” World Health & Population, Vol. 8, No. 3 (2006), pp. 14–31CrossRefGoogle ScholarPubMed.

35 Perry, “Chinese conceptions of ‘rights’.”

36 All the statistical tests were performed by Dr Wanxin Li of City University of Hong Kong. Her professional help is greatly appreciated.

37 “China's new generation of migrant workers,” China.org.cn, 26 October 2009, http://www.china.org.cn/china/2009-10/26/content_18769335.htm, accessed 28 October 2009; “Second-generation migrant workers: better educated, ambitious, expecting love,” CCTV.com News, 4 January 2010, http://www.cctv.com/english/special/news/20100104/103260.shtml, accessed 6 January 2010; “‘Second generation’ migrant workers pose new challenges to China's urbanization drive,” Xinhuanet, 14 March 2010Google Scholar, http://news.xinhuanet.com/english2010/china/2010-03/14/c_13210448.htm, accessed 20 July 2010; “Young migrants reshape Chinese society, gov't seeks ways to improve their lives,” Xinhuanet, 7 March 2010Google Scholar, http://xinhuanet.com/english2010/china/2010-03-07c_13200998.htm, accessed 20 July 2010.

38 Nathan, Andrew, Chinese Democracy (Berkeley: University of California Press, 1985), p. 107Google Scholar.

39 Perry, “Chinese conceptions of ‘rights’.”

40 “Job-hunting TV channel for migrant workers in S. China,” China View, 18 February 2009, http://news.xinhuanet.com/english/2009-02/18/content_10839801.htm, accessed 19 February 2009; “UPDATE 1-China says jobs the priority for economic policy,” Thomson Financial News, 1 February 2009Google Scholar, http://www.forbes.com/feeds/afx/2009/02/10afx6030425.html, accessed 11 February 2009.

41 Oksenberg, Michel, “China's political system: challenges of the 21st century,” The China Journal, No. 5 (2001), pp. 21–35CrossRefGoogle Scholar.

42 Nathan, Andrew, “Authoritarian resilience,” Journal of Democracy, Vol. 14 (2003), pp. 6–17CrossRefGoogle Scholar.

43 “Chinese newspapers in joint call to end curb on migrant workers,” guardian.co.ul, 1 March 2010, http://www.guardian.co.uk/worl/2010/mar/01/chinese-newspapers-migrant-workers-rig, accessed 2 March 2010; “Chinese editorials assail a government system,” The New York Times, 1 March 2010Google Scholar, http://www.nytimes.com/2010/03/02/world/asia/02china.html, accessed 2 March 2010.

44 Li, Lianjiang, “Rights consciousness and rules consciousness in contemporary China,” China Journal, No. 64 (2010)CrossRefGoogle Scholar, manuscript made available by the author.

45 Representative works include Lee's Against the Law, and O'Brien and Li's Rightful Resistance in Rural China.

46 Ching Kwan Lee, Against the Law, pp. 15–16.