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| FDWs do not get enough protection against exploitation, says the US report on trafficking |
The
United States State Department has raised Hong Kong’s standing to Tier 2 in its
2023 Trafficking in Persons Report, but says the city has to do more to
eliminate trafficking, particularly of foreign domestic workers.
Hong
Kong, which was previously relegated to the Tier 2 Watchlist, immediately
issued a statement, “vehemently” refuting the assessment, which came out late
on Thursday.
“Trafficking in persons
(TIP) is never a prevalent problem in Hong Kong, and there has never been any
sign that Hong Kong is being actively used by syndicates as a destination or
transit point for TIP,” the government said in its statement.
According
to the US report, the HK government “does not fully meet the minimum standards
for the elimination of trafficking” but has shown increasing efforts to do so
compared with the previous year, and even amid the Covid-19 pandemic.
Such
efforts include increasing investigations and prosecutions of traffickers,
identifying more victims, and in particular, designating a cyber hotline for
receiving information about overseas employment scams.
However,
the government was seen as having failed to meet minimum standards in key areas
like failing to convict labor traffickers for the fourth consecutive year and
imposing “inadequate penalties for those convicted of crimes related to sex
trafficking.
As
a result, FDWs and other vulnerable people remained at high risk of being
trafficked, and authorities did not take adequate measures to protect them.
The
report said no FDW or persons engaged in commercial sex was identified as a
trafficking victim despite government screening, which indicated that the
victim identification process remained inadequate.
Forced
labour, which is another form of trafficking, left FDWs vulnerable because
employers and employment agencies recruiters were allowed to charge recruitment
fees to migrant workers, retain passports, and do other actions that increased
trafficking risks, said the report.
Worse,
the victims themselves were “likely penalized” through arrest and deportation
for immigration and sex offences, instead of being identified as trafficking
victims and given protection.
The
US government said that among the steps that Hong Kong should take is to
criminalize all forms of trafficking and improve the quality of screenings to
properly identify victims, including FDWs and those in commercial sex.
The
report also urged Hong Kong to allow victims to work and study here, while
taking part in judicial proceedings so they can be encouraged to go after the
perpetrators.
To
better protect FDWs from traffickers, the US urged Hong Kong to prohibit
agencies from charging recruitment fees, eliminate the two-week rule for those whose contracts
are terminated, allow them to live outside their place of employment, and limit
their working hours.
Responding
to the allegations about the lack of adequate protection for FDWs, the Hong Kong
government pointed that as early as December 2019 it had established a special
investigation section in the Immigration Department that stepped up scrutiny of
FDW visa applications, to identify those who are potentially trafficked or exploited.
Once
they are identified, Immigration will provide them assistance and for those who
need to stay in Hong Kong to act as a witness in legal proceedings, the fee for
his/her extension of stay is waived, said the statement. Employers who are
found to have abused or exploited their helpers will not be allowed to hire
another FDW.
“In 2022, the HKSAR
Government spared no effort as before to conduct initial screenings of all
persons vulnerable to TIP risks, including illegal immigrants, sex workers,
illegal workers, FDHs, and imported workers and other suspected victims, who
came to the attention of the departments concerned,” said the government
statement.
The government also took
exception to the mention of the two-week rule as a cause for exploitation of
FDWs, saying such cases are never tolerated in Hong Kong. Those who have been
abused or exploited could apply to change their employer without first
returning to their places of origin.
Migrant workers who are
made to go home after being terminated are also not prohibited from returning
to Hong Kong to work, said the statement.
As for the live-in
requirement for FDWs, the government said this has been the policy since foreign
workers were allowed to come in since the 1970s to meet the shortage of local
live-in domestic helper.
Hong Kong also slammed
the report for saying the city has failed to prosecute and jail traffickers.
The government statement said more than 300 persons were arrested for
sex-related offences in 2022, representing a 10 % increase year-on-year on the
number of such apprehensions.
At the same time, 38 FDW
employers were said to have been prosecuted for aiding and abetting their
helpers to breach their conditions of stay, and five employers were prosecuted
for other offences such as common assault, wounding, indecent assault and rape.
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