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Hong Kong: IDWF Statement on the Verdict of Erwiana Case

Hong Kong: IDWF Statement on the Verdict of Erwiana Case

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by IDWFED published Feb 28, 2015 12:32 AM
Today, the former employer of Erwiana Sulistyaningsih was sentenced to 6 years of imprisonment and fined HKD 15,000 for her abusive treatment of Erwiana during the seven months she worked for her in 2013. We are pleased that finally justice is being upheld and Erwiana is now free to return to her normal life. "We admire her for being so courageous and bold in telling her story to everyone to pursue justice which is so important not only to her personally but also to all domestic workers in Hong Kong and worldwide. She is an inspiration to all domestic workers," said Elizabeth Tang, General Secretary of IDWF.

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HONG KONG -

IDWF Statement on the Verdict of Erwiana Case, Hong Kong, Feb 27, 2015.

Today, the former employer of Erwiana  Sulistyaningsih was sentenced to 6 years of imprisonment and fined HKD 15,000 for her abusive treatment of Erwiana over seven months of employment in 2013.

We are pleased that finally justice is being upheld and Erwiana is now free to return to her normal life. 

“We admire her for being so courageous and bold in telling her story to everyone to pursue justice which is so important not only to her personally but also to all domestic workers in Hong Kong and worldwide.  She is an inspiration to all domestic workers.” said Elizabeth Tang, General Secretary of IDWF.

We welcome the court’s verdict which should ring alarm bell to all employers of domestic workers in Hong Kong that they will face legal consequence if they mistreat their domestic workers.

While not all employers in Hong Kong are like the former employer of Erwiana, mistreatment and abuse of migrant domestic workers are commonplace.  Several reports on the conditions of migrant domestic workers in Hong Kong have testified that experiences of under-payment of wages, refusal of rest days, inadequate food, excessive long working hours, all the way to beating and sexual harassment have been shared by many during their period of employment.   

We are therefore extremely disappointed and indignant over the attitude of the Hong Kong Government who take Erwiana's case in isolation and turn blind eyes to the thousands of migrant domestic workers who work in abusive and unjust conditions.

 

“We believe things have to change and there should never be another 'Erwiana' again.  The Hong Kong government must take immediately actions to plug all loopholes in the laws and regulations so that all migrant domestic workers will be treated as workers”, said Elizabeth Tang.

As pointed out rightly by the District Court Judge Amanda Woodcock, “this type of abusive conduct could be prevented if domestic helpers were not forced to live with their employers”.  Under this mandatory live-in arrangement introduced in the year 2003, all migrant domestic workers want to keep their jobs are forced to live with their employers even their behaviors are intolerable.   This has to be stopped.

Equally crucial is to stop  the excessive agency fees charged of migrant domestic workers, in particular, the Indonesian migrant domestic workers who pay up to 6 months of wages to the employment agencies that bring them to Hong Kong.  The burden of debts and the pressure of paying them back within their first year of employment effectively silence them under all circumstances, even when they face illegal treatment. The law cap of agency fees at 10% of the monthly wage has to be enforced unconditionally and immediately.

Relatively speaking, Hong Kong has better legal protection for migrant domestic workers who are covered by the same Employment Ordinance as local workers.  They are free to speak and form trade unions of their own. In order to be effective,  the policies and laws in all aspects – including immigration - have to be coherent.  The Government has to be vigilant in enforcing all existing policies and laws such as the  10 per cent agency fees law.

Hong Kong is fortunate to have a vibrant community of migrant domestic workers trade unions and other organizations.  Thanks to them, Erwiana has been able to find support and encouragement in walking through the whole legal process and reach the goal of legal justice. 

What the Hong Kong Government needs to do, first and foremost is to engage in genuine dialogue with them to find the right solution to stop an Erwiana case from happening again.  As a home to over 330,000 migrant domestic workers (and the number is still growing) the Hong Kong Government should ratify the ILO Convention 189 on Decent Work for Domestic Workers to strengthen its commitment to end modern day slavery. 

The International Domestic Workers Federation (IDWF) is a global federation of domestic workers, with 55 affiliates in 44 countries.

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