US hits abuse of FDHs in HK

Filipino domestic helpers during their rest day in Hong Kong.

THE United States has criticized the abuses suffered by foreign domestic helpers in Hong Kong and urged the territory’s government to enact a comprehensive anti-trafficking law to prevent these from happening.

In its 2015 Trafficking in Persons Report, the US State Department said Hong Kong was a destination, transit, and source territory for men, women, and children subjected to sex trafficking and forced labor.

The report again put Hong Kong on Tier II—the same as the Philippines—or the category for those countries that do not “fully comply with the minimum standards for the elimination of trafficking” but are “making significant efforts to do so.”

“More than 320,000 foreign domestic workers from Indonesia, the Philippines, Burma, and Bangladesh work in Hong Kong; some become victims of forced labor in the private homes in which they are employed,” said the report, which was released last month.

“Recruiters in the Philippines and Indonesia generally charge excessive job placement fees, which may lead to situations of debt bondage in Hong Kong,” it added.

The report said some domestic worker employment agencies in Hong Kong charge fees in excess of the maximum allowed under Hong Kong law.

“The accumulated debts sometimes amount to up to 80 percent of workers’ salaries for the first seven to eight months of employment,” the report said.

“Some workers are unwilling to report abusive employers for fear of losing their jobs and being unable to repay their debts; some employers or employment agencies illegally withhold passports, employment contracts, or other possessions until the debt is paid,” it added

The US State Department also noted that domestic workers have also reported working 17-hour days, receiving less than minimum wage, experiencing physical or verbal abuse and confinement in the employer’s home, and not receiving a legally required weekly day off.

In response, the Hong Kong government rejected some of the report’s findings, adding that it was committed to fighting human trafficking.

“Although it has acknowledged our key anti-TIP achievements, there exist certain descriptions which do not fully reflect the unfailing commitment and continuous efforts of the HKSAR Government in the fight against human trafficking,” a government spokesman said.

“In particular, we disagree that Hong Kong is a destination, transit and source territory for men, women, and children subjected to sex trafficking and forced labour,” he added.

The government said there was “no sign or evidence showing that Hong Kong is becoming a source, a destination or a place of transit for human trafficking activities.”

It also insisted that it was committed to protecting the rights of foreign domestic workers.

”We must stress that the HKSAR Government is committed to protecting the rights of foreign domestic helpers in Hong Kong. No acts of violence are tolerated in Hong Kong and all persons here are under the protection of our laws, law enforcement agencies and the judicial system,” the government said in a statement.

It pointed to the conviction of the former employer of Erwiana, the abused Indonesian domestic worker, as proof of the effectiveness of Hong Kong’s “law enforcement regime in protecting the rights of helpers.”

“Human trafficking is not tolerated in Hong Kong. We will continue to be vigilant and collaborate closely with overseas law enforcement agencies in the fight against human trafficking,” the spokesman added.

In its report, the US State Department said that while Hong Kong instituted a new waiver of visa renewal fees for foreign domestic workers who are victims and potential witnesses in criminal cases, its laws “do not specifically prohibit all forms of trafficking.”

“In 2014, the government did not prosecute any suspects for trafficking and reported significantly fewer convictions than in 2013. The government did not consistently screen women arrested for prostitution or immigration violations to determine if they were trafficking victims,” the report said.

Besides enacting a comprehensive anti- trafficking law, Hong Kong should also “proactively identify sex and labor trafficking victims among vulnerable populations, such as…domestic workers;” and vigorously prosecute suspected labor traffickers, “especially those who exploit foreign domestic workers,” the report said.

It also said Hong Kong should grant “foreign victims permission to work and study while participating in judicial proceedings against their traffickers.”

“Officials reported having a policy in place to encourage victims to participate in the investigation and prosecution of traffickers. However, they did not allow victims to work while participating in trials that were sometimes lengthy, thus deterring victims from cooperating with authorities” the report said.

“As a result, many victims opted to repatriate immediately or were deported. In 2014, immigration officials issued 2,179 visa extensions to former foreign domestic workers during ongoing legal proceedings in Hong Kong, but it was unclear how many involved cases of labor exploitation,” it said.

“Labor officials conducted inspections of approximately 1,300 employment agencies but revoked the licenses of only three, despite NGO and media reports of employment agencies violating regulations by charging exorbitant recruitment fees, requiring domestic workers to make deposits as a guarantee to work, and confiscating employees’ identification documents,” it added.