The SUN HK : US says HK should do more to combat 'exploitation' of FDWs

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.

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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.

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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.

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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.

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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.

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“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.

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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.