HONG KONG

Discrimination, law, and migrant workers

From Asian Migrant Centre and Coalition for Migrants’ Rights, Hong Kong

On 21 March, International Day for the Elimination of Racial Discrimination, the Asian Migrant Centre (AMC) and Coalition for Migrants’ Rights (CMR) re-affirmed their commitment to eliminate discriminatory and xenophobic treatment experienced by migrant workers, especially Foreign Domestic Workers (FDWs) in Hong Kong. To this end, AMC urges the Government of the Hong Kong Special Administrative Region (SAR) to implement legislation against racial discrimination and xenophobia.

AMC believes that racism, discrimination and xeno-phobia against migrant workers in Hong Kong is not only imposed by Hong Kong society at large, but is also structurally-based, in the form of long-standing legislation and policies. FDWs make up the vast majority of so-called ‘low-status’ migrant workers in Hong Kong, but a small number of migrants from mainland China, South and Southeast Asia also occupy jobs in the construction, sex, and manufacturing sectors.

These groups are exploited along class, national and/or racial lines, and can be denied documented and legal status altogether. Such policies and practices violate the fundamental and universal human rights of workers.

FDWs are isolated by policies like the New Conditions of Stay (NCS), wage freezes, wage cuts, as well as proposals to remove maternity protection and impose a service tax for their use of public services and facilities. The 1987 NCS policy renders FDWs especially vulnerable to discriminatory and exploitative treatment. It prohibits FDWs from changing profession; they cannot obtain permanent residency or be joined by their families; they cannot change employers except in specially regulated circumstances; if dismissed, FDWs must leave Hong Kong within two weeks unless they have proof of abuse. In contrast, employers can dismiss domestic workers at will.

See AMC and CMR’s recent baseline survey on Baseline Research on Racial and Gender Discrimination Towards Foreign Domestic Helpers in Hong Kong for statistics of rampant and systematic abuse. This can be seen at www.asian-migrants.org/

Though the particular forms of class-based racial discrimination that expatriate professionals face cannot be denied, they are subject to far less restrictive immigration policies. They, their spouses and families can obtain residency, change profession/employer, and renew employment contracts with few restrictions.

These facts make it clear that ‘low-status’ migrants suffer widespread discrimination.

The government’s intention to study the need for an anti-racial discrimination law must address institutional and individual racial discrimination against ALL people in Hong Kong regardless of class, nationality, or gender. The new law must apply to all SAR Government departments, especially the Immigration Department.

From South China Morning Post, 3 April 2001

Wong Pak-cheung was sentenced to 15 months in jail for illegally employing a woman visitor from mainland China to wash dishes at his restaurant.

In contrast, despite having a large pool of local unemployed workers, in June the government will accept applications from mainland China’s professional workers to take jobs in Hong Kong in a labour importation programme. The scheme will start with workers in information technology and banking services.