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One Roof Two Voices

Human Rights of Foreign Domestic Workers in hong Kong

This Sunday is no different than any other Sunday in Hong Kong. On any other days of the week, if you come to the public park of Causeway Bay on Hong Kong Island, you find kids and mostly students running around the well-paved multipurpose sports ground, playing soccer. They occasionally stop and yell at their teammates on the other side of the court. Strategies, laughter, and moments of suspense hang in the air. However, if you come on a Sunday, the park, including the sports ground, has transformed to an area of picnic by many foreign domestic helpers coming from other parts of the world, namely from Indonesia, Philippine, and Sri Lanka. Their laughter fills the area. If you stop by and chat with them, they may offer their unique ethnic food that reminds them of their homes. They take off their shoes and sit on the white or neon red plastics in groups of five to seven on the ground. All sorts of activities take place. You see some painting their nails, some styling their hair, some reading magazines, and some chatting with their friends. These are activities you may do at home, but for them, Sundays are their only guaranteed holiday each week and since they are required to live with their employers, the city’s parks become their “homes” for gathering with friends.

 

Foreign domestic helpers are integral parts of both Hong Kong’s labor market and social community. They make up 3% of the Hong Kong population and represent around 8% of the workforce in the city. (South China Morning Post; The Economist). According to International Labor Organization, the number of domestic workers has increased to at least 52 million people worldwide in 2014 (Haddou). Yet, many of these workers are facing modern social oppression that is typically disguised as a fair economic transaction. In this paper, I am going to explore the situation of foreign domestic helpers in Hong Kong. I argue that the Hong Kong government and citizens have to acknowledge the flaws in the legal system and provide proactive actions to prevent unjust towards the helpers. I am going to first describe who these foreign domestic helpers are, their contributions to the labor market and the local families’ homes, and the debates about unfair treatment towards them. Finally, I would like to end with action steps that the public has taken and may further improve to create a fair and safe working environment for foreign domestic workers in Hong Kong.

 

In many Asian countries, families hire foreign domestic helpers or migrant workers to help with housework. In Hong Kong, foreign domestic helpers were introduced in the early 1980s. Contrary to popular belief, these foreign domestic helpers are not drawn from the bottom of the education distribution of their home countries. For example, amongst them, 20% of Filipinas have completed their college degrees, 8% higher than those in Hong Kong and 17% higher than Indonesians. 90% of Indonesians even report speaking Cantonese (Cortes, Patricia, & Pan 3). Therefore, they seem to be promising workers in the eyes of many Hong Kong families who value the ease of assimilation and view them as an informal source of English practices for their children. By law, they are required to live with their employers. Due to the relatively few restrictions and quota-free policy on foreign domestic helpers, Hong Kong becomes a particularly popular destination for those who sought to work abroad as compared to other Asian countries like Singapore and Thailand (Cortes, Patricia, & Pan 5). The number of households hiring foreign domestic helpers rose from 2% in 1986 to nearly 8% in 2006 (Cortes, Patricia, & Pan 2). While the incremental increase of 6% may seem small in the span of twenty years, it was a significant increase in the context of a high inflation rate and lowered disposable income in Hong Kong during this time period.  For those foreign domestic helpers with relatively low skills, Hong Kong is a land of opportunities for economic purpose as well as an alternative for experiencing being abroad. Therefore, economically, there seems to be a win-win situation where both demand and supply exist. However, underneath the roofs of the households, there are stories often unheard of from the media and a portion of the helpers face social oppression from time to time. Some of the conflicts draw from psychological perception and stereotypes, while some conflicts come from unfair systematic treatment in law. Let’s first look into how the local community switched their perceptions towards foreign domestic helps in history.

           

Today, public perception and treatment towards foreign domestic helpers are accepting and relatively more inclusive in many households of Hong Kong. However, this has not always been the case in history. Subtle social norms deter the helpers from being assimilated to the Hong Kong local communities. In particularly, in 1998, there was a call from the public that demanded Central, the Causeway Bay park of the old days, to be “cleaned up” (Law 9). In particular, South China Morning Post, a local newspaper, published a letter from Chulani that noted, “Thanks to the Filipino maids who practically monopolize all the open areas and roads in Central, I now hate to come down to Central on Sunday…I would suggest that the Government immediately implement the following measures: prohibit squatting, hawking and eating in public areas; open normal traffic on all roads in Central so that the Filipino maids have no place to sit, squat, and sleep…” (SCMP 14). This newsletter drew a cynical and racist view towards foreign domestic helpers that was similar to many letters featured in local newspapers at the time. In fact, it was a reminiscent of the 1992 proposal that encouraged Filipino women to gather in underground car parks instead of public areas during their weekly holidays (Law 9). There was a general sentiment of “out of sight, out of mind”. While the 1992 proposal did not pass in the end, it was a reminder of subtle oppression, pressure, and stereotypes the local Hong Kong communities have put on the foreign domestic helpers.         Most recently, after the Manila Hostage Crisis in 2010 in which Hong Kong passengers were hijacked by a former police officer in the national capital of the Philippines, resulting in eight deaths, stereotypes towards Filipinos were further reinforced. According to an analysis of 5000 messages online, the public viewed Filipinos as “dogs” and too talkative. They also commented that the Philippines was a backward country that was incapable of comparison with Hong Kong and required “forgiveness” from the “superior” Hong Kong. (Yu 9). While some Filipino workers expressed sympathy towards the Manila Hostage Crisis, the public took anger out on them. Reports about being discriminated and verbally abused also rose in households in light of other similar news. Some viewed the relationship as a “master and servant” one and justified the discriminations with an argument that the workers voluntarily looked for jobs in Hong Kong and are compensated “properly”. This perception hinted a more serious macroscopic phenomenon.

 

In that sense, the perception and treatment towards foreign domestic helpers fit the idea of social oppression in which a “dominant group benefits from systematic exploitation and injustice directed towards a subordinate group” (Johnson). While other foreign domestic workers, like those from Indonesia and Sri Lanka, did not face as much public outrage, the public sentiment towards migrant workers overall is distinct and stereotyped. The sociologist, Law, noted that the gathering on Sundays was “clearly an example of the fascination that the symbolic spaces of power exert on those excluded from them. The powerless are allowed to see Central – like looking at so many goods through a shop window – but not to touch it” (Law 9). In Hong Kong, there is a subtle division between the locals and the foreign domestic workers in terms of both identity and physical space. These have showcased that there is a subtle form of social oppression in the attitude towards the foreign domestic helpers. If we look closely to individual treatment, abuses at home are more obvious than common belief. The power dynamic between the helper and employer is highly skewed towards the employer. I would like to introduce you to the case of Mary in order to help you grasp the conflict of maltreatment experienced by some foreign domestic helpers.

 

Consider the case of Mary: Mary arrived in Hong Kong from a village of about 5,000 close to the Java Sea in 2011(Price, Deb, Yung, & Schonhardt). In hopes of finding a well-paid job on a two-year contract in Hong Kong, she entered a training center regulated by the Indonesian government before she flew out. In return, she was required to repay the cost and other expenses including medical examination that would be a total of the first seven months of salary to the Indonesian recruitment agency. While she arrived at Hong Kong, she was sexually abused by her employer who lived under the same household. After much frustration and attempts, she gathered proof of the sexual abuse and handed them to the police and the court for judgment. During the times of her trial that expanded for two years, she was not able to be employed somewhere else and it meant a period of economic struggle for her and her family as well as an emotionally draining process. Eventually, the employer was sentenced to the prison for more than seven years and she was able to find another employer, an elderly woman.

 

Mary’s case is not unique. The scale of similar events is far more prominent than popular belief. The Mission for Migrant Workers, a Hong Kong-based advocacy group, released a survey to more than 3,000 live-in maids. The results showed that 58% of them experienced verbal abuse, 37% said they worked 16-hour days, and 18% claimed that they were physically abused, and 6% said they were subjected to rape, touching, or sexually harassed. Some reported that they had to sleep in the bathroom or kitchen  (Price, Deb, Yung, & Schonhardt). These are all alarming figures and indications of injustice, harmful, and abusive treatment towards many foreign domestic helpers. Some may argue that the definition of “abuse” differs person by person. However, reports and tracking records of the complaints are in file and show supporting evidences towards these self-reported figures. These complaints’ investigations often prolong for a long period of time and eventually are left unnoticed unfortunately. Now, the questions arise: why are these complains not properly addressed? Why don’t these workers switch their jobs and find other employers in the labor market?

    

The answers to the questions above are challenging to pinpoint due to the involvement of a subjective decision-making process. However, overall, we could identify two important factors: the difficulty in economic sustainability for these workers as well as the unsupportive system that does not balance the needs of the helpers, the employers, and the resources of the city. Coming from a rural area in Indonesia, many of these workers decided to seek a helper career in Hong Kong in hopes to bring financial stability to their family member. While the adjustment was difficult due to language and cultural differences, some were fortunate to have a reasonable and fair employer.

 

The number of previous employers was an important decision factor for many households to decide if they would prefer one helper to another. Many would try to minimize the number of employers. Some employers may feel that the previous trainings like cooking and cleaning are advantageous. However, these employers have different working styles and assumptions that add difficulty to assimilate to a new family, particularly those with young children. In order to be hired by another employer, they are required to take a flight back to their home country and come back again due to the legal regulation. This is an extremely costly process since the agency fee would need to be paid again. It is obvious that under this system, the foreign domestic helpers have little leverage in finding a new employer. The unaligned policies amongst different agencies only added complications. Most of the time, the most reliable sources are the non-governmental organizations in the area. However, the investigation period may be longer and formal investigations are difficult to implement. It is the underlying perception and imbalanced system that produces a difference in power. The system favors the power of employers and agency and this caused many of the complaints unaddressed and therefore, an accountability system lost. With these investigations, I am going to look further into where the current efforts are to prevent or counteract similar tragedies.

 

Internationally, the United Nations has urged Hong Kong to sign a treaty that protects domestic helpers’ human rights and economic welfare by introducing minimum wage to their working hours (Lam). Locally, there are 16 NGOs that actively improve the conditions faced by foreign domestic workers. They differ by expertise. Helpers for Domestic Helpers provides legal advice, counseling, and guidance to helpers. Open Door provides platforms for discussions on appropriate policy improvements and organizes social campaigns for helpers. Particularly, they document positive real stories of foreign domestic workers to shed light on an ideal respectful relationship. These NGOs are usually the first touch points when foreign domestic helpers look for help after reaching out to their agents. The Hong Kong government on the other hand has slowly increased the wages of foreign domestic helpers in recent years. The most recent update was from October 2015 and the wage increased by 2.4 percent (Borromeo). When I interviewed my friend’s helper, she noted that these NGOs and governmental initiatives help to make small progress. However, since the heart of the issue comes from the imbalanced power and legal protection, it is often difficult to truly diagnose the situation appropriately.

 

The best-case scenario would be a system where foreign domestic workers are able to access a third-party that handles these complaints formally. Different case categories should be given individual attention as they vary in scale and ease of finding proofs. The contract between the employer and the foreign domestic helper should also include a potential right of a given third-party to investigate in times of minimal evidences towards the complaint. Since some may have concern about privacy at home, this third-party investigation should limit the frequency and reach an agreement with the employer in the investigation’s length and manner prior developing the contract. While these measures may not guarantee evidences being collected, they serve as legal rights guaranteed to foreign domestic workers. Internally, non-governmental organizations (NGOs) should develop workshops that are mandatory for employers and employees to set up expectations and manage their relationships at home.

 

In conclusion, foreign domestic helpers will continue to be an important part of the labor market in Hong Kong. The maltreatment towards foreign domestic helpers do not only violate human rights, but also highlight a subtly problematic system that does not provide adequate legal support for foreign domestic helpers. Unfair treatment and systematic social oppression need to be properly addressed in order to provide well-being for all parties. Many of these issues are either intangible or difficult to bring to light due to privacy issues surrounding the contexts. However, the government, NGOs, and legal institutions should look into formalizing the employment and expectation process and provide extensive legal support in the future.

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