[asia-apec 1274] News Bulletin

[Asia Pacific Mission for Migrant Filipinos]

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JOINT STATEMENT ON PROPOSED AMENDMENT TO THE PROVISION

OF MATERNITY PROTECTION FOR FOREIGN DOMESTIC HELPE

UNDER THE HONG KONG SAR EMPLOYMENT ORDINANCNANCE


 

</fontfamily></bold>We are organizations, groups and concerned
individuals united together to campaign against, and reaffirm our strong
opposition to, the proposed amendment to the Employment Ordinance that
seeks to deny foreign domestic helpers$B(B (FDHs) the right to maternity
protection currently offered under the Employment Ordinance. We are the
Asian Migrant Coordinating Body (AMCB), a coalition of organizations of
migrant workers and foreign domestic helpers (FDHs) of the Philippines,
Thailand, Indonesia, Sri Lanka and Nepal;  and the Advocates$B(B Group
consisting of organizations and individuals supporting the AMCB$B(Bs
campaign for the protection of rights of FDHs and migrant workers.


A few months ago, capitulating to pressure groups calling for a reduction
of the monthly minimum wages of FDHs, the Hong Kong Government imposed a
wage-cut on them ostensibly to ease the burden of economic crisis on the
employers. Following on the heels of the baseless and callous decision to
reduce the already meager minimum wages of FDHs, the Hong Kong Government
is drawing up plans to launch another attack on the FDHs. This time, it
is proposing to take away the FDHs$B(B right to maternity protection under
the Employment Ordinance.  


The proposed amendment to the Employment Ordinance seeks to offer
$(C(Bflexibility$B(B to employers to terminate their FDHs on the basis of
$(C(Bmutual agreement$(D(B, that is, on payment of a mutually-agreed sum of
money.   


When we opposed the wage-cut for FDHs, we feared that this would be only
the opening salvo on the attack to rights of FDHs and migrant workers. In
our joint statement opposing the wage-cut, we stated: $(C(BDoing away with
the minimum wage for FDHs, whose wages are already frozen, will
legitimize underpayment leaving the door open for greater abuses and
violations of employment contracts by unscrupulous employers$(D(B.  With the
proposal to deny them maternity protection, the Government is clearly
opening another front for such employers to flout labour laws. 


The so-called $(C(Bflexibility$(D(B and $(C(Bmutual agreement$(D(B will only increase the
incidence of contract violations and abuses that FDHs have to contend
with. Even under existing labour laws, employers have continued to
flagrantly violate employment contracts.  In such circumstances, the
proposed amendment to the Employment Ordinance will only provide a
loophole for unfair termination of FDH contracts. 


Ironically, the proposal to do away with maternity protection for FDHs
has the backing of the Labour Department. How does the Labour
Department$B(Bs position on this issue measure up to its avowed goals of
enhancing the well-being of Hong Kong$B(Bs workforce, and improving and
safeguarding employees' rights and benefits, as its vision and mission
statement proclaims? Does the Labour Department seriously want us to
believe that the abolition of maternity protection is not a violation of
the rights of FDHs? And that, on the contrary, it would $(C(Bimprove and
safeguard$(D(B their rights?     


Just as the wage-cut for FDHs was a precursor to the reduction of wages
for local workers, the proposed abolition of maternity protection of FDHs
might well be extended to local workers too. It is important, therefore,
that the proposed amendment be seen as posing a potentially serious
threat to the rights of all workers in Hong Kong.  Once again, we
re-affirm our unity and solidarity with local workers in the common
struggle for the protection of rights of ALL workers, and call on
overseas and local workers to close ranks.  


We reject the proposed amendment to deny maternity protection to FDHs. It
is discriminatory, as it is applicable only to those in the category of
foreign domestic helpers. It is racist, as it seeks to exclude workers of
certain nationalities from enjoying a right available to local workers
and those of other nationalities. It is sexist, as it is targets women
for oppression. 


The hard-won right of women, especially women workers around the world,
for maternity protection, is now under threat. The Hong Kong government
sees pregnancy and maternity as a 'hindrance' to more effective and
productive labour. In reality, the attempt to tinker with maternity
protection is just an excuse to lower wages for women, to lay-off women
workers and to deny their legal rights and benefits, so that businesses
can rake in bigger profits and spend less on social and contractual
obligations.


More dangerously, the proposal brings us back to the age of slavery --
where the right to bear children was considered a threat to productivity.
The Hong Kong Government is now seeking to usher in an age of slavery
where domestic helpers are forbidden to bear children under threat of
contract termination. The proposed amendment to the Employment Ordinance
is clearly a scandalous retrogression from universally accepted labour
and human rights standards.


We condemn this latest attempt of the Hong Kong Government to whittle
away the few rights and benefits available to FDHs. It is shameful that
the Government is violating its own declared commitments to various
international covenants and conventions on the protection of human
rights. 


We also call on the Labour Department to live up to its own vision and
mission of improving and safeguarding workers$B(B rights and benefits. 


We demand: 


(a)     that the Hong Kong Government withdraw the proposed amendment and
ensure that the  Employment Ordinance continues to be applicable in its
entirety to FDHs;

(b)     that the Government call an immediate halt to the undeclared
policy of taking away, one by one, the rights and benefits of FDHs;

(c)     that the Labour Department take meaningful measures to protect
and safeguard the rights of FDHs and local workers.

 


Signed:

ASIAN MIGRANT COODINATING BODY (AMCB), OTHER MIGRANT ORGANIZATIONS  AND
ADVOCATES$B(B GROUP:

 <italic> 

</italic>1.      Association of Sri Lankans in Hong Kong (ASL-HK)-AMCB

2.      Friends of Thai (FOT) - AMCB

3.      Far East Nepalese Association (FEONA) - AMCB

4.      United Filipinos in Hong Kong (UNIFIL-HK) - AMCB

5.      Abra Migrant Workers Welfare Association (AMWWA)

6.      Association of Concerned Filipinos (ACFIL)

7.      Bataan Migrant Workers Union (BMWU)

8.      Dumarao Hong Kong Association

9.      Friends of Bethune House (FBH)

10.     Iloilo Migrant Workers Organization (IMWO)

11.     Justice and Peace  Evangelization Family

12.     Methodist Filipino Fellowship (MFF)

13.     Pinatud A Saleng Ti Umili (PSU)

14.     Unified Friends of Hong Kong

15.     Women of the Philippine Independent Church (WOPIC)

16.     United Ybanag Association (UYA)

17.     Filipino Friends in Hong Kong (FRIENDS)

18.     Surallah Hong Kong Association

19.     Abra-Tinggian Ilocano Society (ATIS)

20.     World Student Christian Federation (WSCF)

21.     Asian Student Association (ASA)

22.     Asia Pacific Mission for Migrant Filipinos (APMMF)

23.     Mission for Filipino Migrant Workers (MFMW)

24.     The Bethune House Migrant Women$B(Bs Refuge

25.     Fr. Tom Danaher

26.     Peggy Lee-AMRC

27.     Ed Shepard  AMRC

28.     Ana Enriquez  AMRC

29.     Vivien Liu  AMRC

30.     Selma Midhi Hayati

31.     Asia Monitor Resource Center (AMRC)

32.     Hong Kong Women Workers Association (HKWWA)

33.     Hong Kong Christian Industrial Committee (HKCIC)

34.     Rosalie San Miguel, Jesus Is Lord (JIL)

35.     Hong Kong Women Christian Council (HKWCC)

36.     Association for the Advancement of Feminism (AAF) 




  








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</color></fontfamily><underline><color><param>0000,0000,8080</param>Asia
Pacific Mission for Migrant Filipinos (APMMF)

</color></underline><italic>Address:</italic></bold><color><param>0000,0000,8080</param>
<italic>No.4 Jordan Road, Kowloon, Hong Kong SAR

</italic></color><italic>Tel. no.:<color><param>0000,0000,8080</param>
<bold>(852) 2723-7536

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2735-4559

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<bold>apmmf at pacific.net.hk

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