Thursday, September 14, 2006
OBSERVER
A cop-out on maids' rights
FRANK CHING
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Once again, Hong Kong has been chastised by a United Nations human rights body about the way it treats foreign domestic helpers. And once again, the government has indicated that it intends to do nothing about it.
Late last month, the committee responsible for monitoring the way Hong Kong implements the Convention on the Elimination of All Forms of Discrimination Against Women voiced concern over the situation of female migrant domestic workers here.
It specifically mentioned the Immigration Department's "two-week rule", which requires these workers to leave Hong Kong within two weeks of their employment being terminated.
"The committee recommends that the [Hong Kong government] ensure that female foreign domestic workers are not discriminated against by their employers or subject to abuse and violence," it said. "It urges the Hong Kong Special Administrative Region to repeal the `two-week rule' and to implement a more flexible policy regarding foreign domestic workers."
There is little doubt that some workers - especially Indonesians, most of whom do not speak English but who make up 43 per cent of all migrant domestic workers - are being abused by their employers, by employment agencies and by finance companies.
A recent study by the Centre for Comparative and Public Law of the University of Hong Kong concluded that such people "often work in situations of debt bondage" akin to slavery.
In those cases, a worker arrives and is met by a representative of a Hong Kong employment agency. The agency confiscates the worker's passport and employment contract, and takes her to a finance company, where she is forced to sign a sham loan document.
The agency then delivers the worker to the employer and asks him or her to deduct money from the maid's salary every month until the "loan" is repaid, sending the money directly to the finance company.
The Hong Kong government reacted self-righteously to the university study. The Labour Department said that foreign domestic helpers in Hong Kong "are well protected when compared with [those] in other jurisdictions".
Moreover, it termed the 22 cases of debt bondage cited "a relatively small sample".
The government also says that it does not have jurisdiction, because the workers incur the debt obligations in their home country. But clearly, organisations in Hong Kong are complicit in the exploitation of these workers.
Hong Kong employment agencies are the ones that confiscate passports and force the workers to sign over very large sums, to be deducted from their salary, to a Hong Kong finance company.
If the Hong Kong government had the political will, it could easily uncover exactly what is going on and which employment agencies and finance companies are involved.
It could prohibit the confiscation of passports. This is one tactic that abusive employment agencies use to make the worker totally helpless: without her passport and employment contract, she is unable even to verify her identity, and cannot make any complaints to the police or other official body.
Forbidding the confiscation of identity documents is a recommendation that has been made by the UN Working Group on Contemporary Forms of Slavery. Saying it doesn't have jurisdiction is a cop-out by the government.
It could also get rid of the "two-week rule", which has been in effect since 1987. As the Hong Kong University study points out, the rule "gives the employer the power to terminate the work visa". It also "discourages" the helper from filing complaints.
For over a decade, human rights committees have called on Hong Kong to abolish this rule.
The UN committee that monitors the International Covenant on Economic, Social and Cultural Rights has been calling on the government to do so since at least 1994.
The Hong Kong government was unmoved then, and it remains unmoved now.
Frank Ching is a Hong Kong-based writer and commentator.
frank.ching@scmp.com
http://focus.scmp.com/focusnews/ZZZC9FO9CRE.html