On the occasion of May Day 2009 we celebrate the contributions of all workers around the globe and calls for solidarity among all workers all including migrant workers irrespective of their status.
We commend the 53 million migrant workers in Asia who have contributed to the social, political and economic dimensions of countries of origin and destination all over Asia. We also celebrate and recognize the triumphs of migrant domestic workers who have proven that migrant domestic workers can be active participants in the political process of countries of destination through the migrant domestic workers union.
In the current global environment we celebrate Labor Day 2006 with a sense of new hope while fully aware of the threats to the lives and livelihood of millions of migrant workers worldwide. We recognize the impact of the global financial crisis on migrant workers. We assert that this is a comprehensive and multi-faceted social, economic, financial and environmental crisis that has affected the migrant workers and members of their families.
ILO Convention on Domestic Workers
Domestic workers provide an environment for other workers and their families to improve their living standards by taking care of their homes and household members (children and the elderly). However, due to the nature of their work and their working environment (households of private persons), they cannot be monitored by labor inspectors. In most countries, they are not included under national labor laws, thus denying their status as ¨real workers〃. This is true in many countries particularly in Asia where very few have passed laws on the protection of the rights of domestic workers.
MFA is very troubled by the continued non recognition of domestic work as work. The exclusion of domestic work from national labour legislation has permitted the proliferation of violations of all the fundamental principles and rights at work, including respect of freedom from forced labour and non-discrimination.
On the occasion of May Day 2009 we welcome and support the proposed ILO Convention on Domestic Workers as another step toward protecting the labour and human rights of domestic workers, both local and migrant.
Global Financial Crisis
There are over 250 million people today who are migrants 좻 living, working, raising families and building communities in places outside their country of origin. Total migrants… remittance transfers to their home communities are a staggering US$300 billion a year; more than triple all international aid. These migrants will be directly and disproportionately impacted by the global crisis.
We recognize that the global financial crisis has led to massive lay offs, non payment of wages, forced documented workers to become undocumented and has exacerbated the vulnerability of migrant workers. Even before this latest crisis, migrants have already been the objects and victims of the neoliberal paradigm. Migrants and social movements have opposed for decades the profit-driven, market-centered, corporate-led, export-oriented development model as one of the root causes of contemporary, abusive and exploitative labour migration.
We recognize that the crisis has once again highlighted over reliance of countries of origin on remittances for its economic development.
In light of the above we recommend for the following:
좪 The ratification and effective implementation of the UN Migrant Workers Convention on the protection of migrant workers and members of their families, the core human rights conventions of the United Nations, the fundamental Conventions of the ILO and those that pertain to migrant workers;
좪 For governments to include provisions to compensation for migrant workers in its stimulus packages;
좪 For governments to ensure that retrenched migrant workers are adequately compensated, not forced to repatriate and ensured safe passage home;
좪 For countries to have holistic and coherent policies for job generation in order for people not to be forced to migrate, making migration an option and not a means to survive;
좪 For governments to develop and implement, in consultation with migrants groups sustainable and comprehensive reintegration programs for migrant workers; and
MFA is a regional network of non-government organizations (NGOs), associations and trade unions of migrant workers, and individual advocates in Asia that are committed to protect and promote the rights and welfare of migrant workers. It is guided by a vision of an alternative world system based on respect for human rights and dignity, social justice, and gender equity, particularly for migrant workers.
>>>>CMR-FADWU statement follows: >>>>>>>
FEDERATION OF ASIAN DOMESTIC WORKERS’ UNIONS IN HK (Organising Committee)
COALITION FOR MIGRANTS’ RIGHTS (CMR)
STATEMENT ON THE 119TH INTERNATIONAL LABOUR DAY
1 May 2009, Hong Kong
Legislate Minimum Wage Law for ALL Workers in Hong Kong!
Protect & Include ALL (Local & Foreign) Domestic Workers Under the HK Minimum Wage Law!
Recognise Domestic Work As Work! Equal Treatment & Decent Work for ALL Domestic Workers!
Protect ALL Domestic Workers Amidst the Global Economic Crisis!
This year marks the 60th anniversary of the Universal Declaration on Human Rights, and the 119th International Labour Day celebration. Both of these affirm our common humanity that each person in the world, each worker, woman, migrant or domestic worker has the same basic human rights as everyone else. These basic rights could not be denied or reduced due to race, gender, belief or other restrictions.
Yet, migrant domestic workers (MDWs), especially in HK and Asia, continue to be treated as second class people because we remain excluded, marginalised and discriminated against. We are excluded from the protection of important HK laws, treated worse than other women or workers in HK, paid lower for the same type of work, and discriminated against because we are foreigners, women, and our work is not properly valued or recognised.
We welcome the commitment of the HK Government to legislate a Statutory Minimum Wage (SMW) Law for all workers in Hong Kong. This is a move towards promoting more equality and recognition of basic labour rights. We call on the government to adhere to this commitment as scheduled, and ensure that the central objective of the SMW Law is to protect the most vulnerable sections of the working people in HK particularly domestic workers (both local and foreign), cleaners, women in the informal sector, etc.
It is the fundamental function of government to provide basic social safety nets and supportive policies for the vulnerable sections of the working population. Among such basic safety nets are minimum wage, social security, and occupational safety and health protection. These are more important now amidst the global economic crisis, which threaten the jobs of millions of workers in Asia, including us MDWs.
The HK government should ensure that domestic workers, both local and foreign, are equally and effectively protected under the new SMW Law:
· Domestic workers in HK are predominantly (over 95%) composed of women. The more then 248,000 migrant (foreign) domestic workers constitute almost 7% of the HK labour force.
· MDWs are still widely abused and exploited over 40% of Indonesians and Nepalese are underpaid; 1 in every 4 MDWs are denied statutory holidays or weekly days off; excessive agency fees are rampant, etc.
· The HK government and the employers’ groups admit that MDWs are essential in providing child care and elderly care services for HK households. Over 60% of all MDWs in HK provide child care, elderly care, care for the sick, or assist the school children of HK families.
· The HK government confirms that DWs are important in helping increase the labour participation rate of women in HK, thus enabling more people to work and increase the income of the household.
· Like all other workers in HK, DWs are productive members of HK society. In fact, MDWs contribute at least 1% of the HK economy.
Despite these, employers have consistently sought to minimise our wages, benefits and protection. Instead of properly recognising and valuing our role and contributions, existing policies and practice unfairly restrict our rights, diminish our value, and discriminate against us. Worse, some politicians and employers’ groups view MDWs as free (unpaid) substitutes for social welfare services (childcare, elderly care) that the government should provide by keeping our wages low, limiting our benefits, excluding us from social protection, and restricting our rights/mobility (e.g. through the NCS). Today, they again want to exclude MDWs from the proposed SMW Law to maintain this oppressive situation. This view reinforces the gender oppression of women, of transferring the gender burden from local to foreign women, and of refusing to recognise the value of women’s reproductive work. This view legitimizes the transfer of government responsibility in providing social care services to the MDWs, and of exploiting the unpaid or low-paid labour of women DWs. We condemn this reinforcement of the gender oppression of women and DWs.
We strongly oppose the exclusion of domestic workers, especially MDWs, from the proposed SMW Law:
· This is inconsistent with HK’s commitments under the CEDAW, ICESCR, ILO core labour rights conventions and “Decent Work” principles.
· This discriminates against 7% of the most vulnerable, mostly-women workers in HK.
· This forms a systematic pattern of institutional discrimination of MDWs in HK as manifested in the “New Conditions of Stay” (NCS) policy (3 United Nations human rights committees CEDAW, CERD, ICESCR have concluded that the NCS is discriminatory); the recently enacted Anti-Race Discrimination Ordinance (which excludes discriminatory policies/practices by government); and now, the proposed SMW Law.
Some politicians, employers groups and government officials give the lame excuse that MDWs should be excluded because of “difficulties in operating or implementing” the law. This is unacceptable because many existing laws including the Employment Ordinance have difficulties in monitoring and implementing e.g. payment of wages, provident fund contributions, limits on recruitment fees, ensuring weekly days off and statutory holidays, etc. Yet, all of these are covered by existing laws. Their inclusion in the law is critical in addressing the operational difficulties since these are protected by law, workers have a legal right to complain and seek redress if these are violated. HK has well-established legal and social redress channels that can process these complaints and therefore help implement the law. As the Manpower Panel itself noted, several countries (Australia, France, Canada) include DWs under their minimum wage laws. In 2010 the ILO will also discuss the proposed adoption of an ILO Convention on Domestic Workers. This new international treaty will help improve the legal standards in protecting DWs.
Therefore, we call on the HK government to honour its local and international commitments to promote workers’ and women’s rights. We call on the HK government to protect all workers including local and foreign domestic workers amidst the worsening global crisis.
In particular, we call on the HK government to urgently legislate a just and effective SMW Law that:
1. Guarantees wage protection for all workers in HK, both local and migrants. All domestic workers local and migrants, live-in and live-out should be protected by the new SMW Law.
2. Provides for fair and decent minimum wage levels for the workers, including local and foreign DWs. The new SMW Law should enhance the current wages and protection of DWs, and ensure that there is no wage cut or any reduction in wages or benefits of domestic workers.
3. Upholds and promotes transparent, accountable and democratic principles in decision- making (e.g. setting the wage levels). Workers’ representatives, especially from the trade unions of DWs, should have institutional representation in such decision-making process.
4. Strengthens the mechanisms for monitoring and compliance of the minimum wage law.
5. Ensures consultative and democratic process in drafting and formulating the new SMW Law.
6. Incorporates the “minimum allowable wage” (MAW) policy for MDWs as part of the new SMW Law, and ensures that the wage levels, decision-making and implementing mechanisms are improved.
We further call on the HK government to support the adoption of the ILO Convention protecting domestic workers!
Federation of Asian Domestic Workers’ Unions in HK (FADWU Organising Committee) " HK Domestic Workers General Union " Filipino Domestic Workers Union (FDWU) " Indonesian Migrant Workers Union (IMWU) " Union of Nepalese Domestic Workers (UNDW) " Thai Migrant Workers Union (TMWU) " Overseas Domestic Workers Union (ODWU) " Asian Domestic Workers Union (ADWU) " Coalition for Migrants Rights (CMR) " KOTKHIO " Far East Overseas Nepalese Association (FEONA) " Asian Migrant Centre (AMC) " Alliance of Progressive Labor (HK)
We commend the 53 million migrant workers in Asia who have contributed to the social, political and economic dimensions of countries of origin and destination all over Asia. We also celebrate and recognize the triumphs of migrant domestic workers who have proven that migrant domestic workers can be active participants in the political process of countries of destination through the migrant domestic workers union.
In the current global environment we celebrate Labor Day 2006 with a sense of new hope while fully aware of the threats to the lives and livelihood of millions of migrant workers worldwide. We recognize the impact of the global financial crisis on migrant workers. We assert that this is a comprehensive and multi-faceted social, economic, financial and environmental crisis that has affected the migrant workers and members of their families.
ILO Convention on Domestic Workers
Domestic workers provide an environment for other workers and their families to improve their living standards by taking care of their homes and household members (children and the elderly). However, due to the nature of their work and their working environment (households of private persons), they cannot be monitored by labor inspectors. In most countries, they are not included under national labor laws, thus denying their status as ¨real workers〃. This is true in many countries particularly in Asia where very few have passed laws on the protection of the rights of domestic workers.
MFA is very troubled by the continued non recognition of domestic work as work. The exclusion of domestic work from national labour legislation has permitted the proliferation of violations of all the fundamental principles and rights at work, including respect of freedom from forced labour and non-discrimination.
On the occasion of May Day 2009 we welcome and support the proposed ILO Convention on Domestic Workers as another step toward protecting the labour and human rights of domestic workers, both local and migrant.
Global Financial Crisis
There are over 250 million people today who are migrants 좻 living, working, raising families and building communities in places outside their country of origin. Total migrants… remittance transfers to their home communities are a staggering US$300 billion a year; more than triple all international aid. These migrants will be directly and disproportionately impacted by the global crisis.
We recognize that the global financial crisis has led to massive lay offs, non payment of wages, forced documented workers to become undocumented and has exacerbated the vulnerability of migrant workers. Even before this latest crisis, migrants have already been the objects and victims of the neoliberal paradigm. Migrants and social movements have opposed for decades the profit-driven, market-centered, corporate-led, export-oriented development model as one of the root causes of contemporary, abusive and exploitative labour migration.
We recognize that the crisis has once again highlighted over reliance of countries of origin on remittances for its economic development.
In light of the above we recommend for the following:
좪 The ratification and effective implementation of the UN Migrant Workers Convention on the protection of migrant workers and members of their families, the core human rights conventions of the United Nations, the fundamental Conventions of the ILO and those that pertain to migrant workers;
좪 For governments to include provisions to compensation for migrant workers in its stimulus packages;
좪 For governments to ensure that retrenched migrant workers are adequately compensated, not forced to repatriate and ensured safe passage home;
좪 For countries to have holistic and coherent policies for job generation in order for people not to be forced to migrate, making migration an option and not a means to survive;
좪 For governments to develop and implement, in consultation with migrants groups sustainable and comprehensive reintegration programs for migrant workers; and
MFA is a regional network of non-government organizations (NGOs), associations and trade unions of migrant workers, and individual advocates in Asia that are committed to protect and promote the rights and welfare of migrant workers. It is guided by a vision of an alternative world system based on respect for human rights and dignity, social justice, and gender equity, particularly for migrant workers.
>>>>CMR-FADWU statement follows: >>>>>>>
FEDERATION OF ASIAN DOMESTIC WORKERS’ UNIONS IN HK (Organising Committee)
COALITION FOR MIGRANTS’ RIGHTS (CMR)
STATEMENT ON THE 119TH INTERNATIONAL LABOUR DAY
1 May 2009, Hong Kong
Legislate Minimum Wage Law for ALL Workers in Hong Kong!
Protect & Include ALL (Local & Foreign) Domestic Workers Under the HK Minimum Wage Law!
Recognise Domestic Work As Work! Equal Treatment & Decent Work for ALL Domestic Workers!
Protect ALL Domestic Workers Amidst the Global Economic Crisis!
This year marks the 60th anniversary of the Universal Declaration on Human Rights, and the 119th International Labour Day celebration. Both of these affirm our common humanity that each person in the world, each worker, woman, migrant or domestic worker has the same basic human rights as everyone else. These basic rights could not be denied or reduced due to race, gender, belief or other restrictions.
Yet, migrant domestic workers (MDWs), especially in HK and Asia, continue to be treated as second class people because we remain excluded, marginalised and discriminated against. We are excluded from the protection of important HK laws, treated worse than other women or workers in HK, paid lower for the same type of work, and discriminated against because we are foreigners, women, and our work is not properly valued or recognised.
We welcome the commitment of the HK Government to legislate a Statutory Minimum Wage (SMW) Law for all workers in Hong Kong. This is a move towards promoting more equality and recognition of basic labour rights. We call on the government to adhere to this commitment as scheduled, and ensure that the central objective of the SMW Law is to protect the most vulnerable sections of the working people in HK particularly domestic workers (both local and foreign), cleaners, women in the informal sector, etc.
It is the fundamental function of government to provide basic social safety nets and supportive policies for the vulnerable sections of the working population. Among such basic safety nets are minimum wage, social security, and occupational safety and health protection. These are more important now amidst the global economic crisis, which threaten the jobs of millions of workers in Asia, including us MDWs.
The HK government should ensure that domestic workers, both local and foreign, are equally and effectively protected under the new SMW Law:
· Domestic workers in HK are predominantly (over 95%) composed of women. The more then 248,000 migrant (foreign) domestic workers constitute almost 7% of the HK labour force.
· MDWs are still widely abused and exploited over 40% of Indonesians and Nepalese are underpaid; 1 in every 4 MDWs are denied statutory holidays or weekly days off; excessive agency fees are rampant, etc.
· The HK government and the employers’ groups admit that MDWs are essential in providing child care and elderly care services for HK households. Over 60% of all MDWs in HK provide child care, elderly care, care for the sick, or assist the school children of HK families.
· The HK government confirms that DWs are important in helping increase the labour participation rate of women in HK, thus enabling more people to work and increase the income of the household.
· Like all other workers in HK, DWs are productive members of HK society. In fact, MDWs contribute at least 1% of the HK economy.
Despite these, employers have consistently sought to minimise our wages, benefits and protection. Instead of properly recognising and valuing our role and contributions, existing policies and practice unfairly restrict our rights, diminish our value, and discriminate against us. Worse, some politicians and employers’ groups view MDWs as free (unpaid) substitutes for social welfare services (childcare, elderly care) that the government should provide by keeping our wages low, limiting our benefits, excluding us from social protection, and restricting our rights/mobility (e.g. through the NCS). Today, they again want to exclude MDWs from the proposed SMW Law to maintain this oppressive situation. This view reinforces the gender oppression of women, of transferring the gender burden from local to foreign women, and of refusing to recognise the value of women’s reproductive work. This view legitimizes the transfer of government responsibility in providing social care services to the MDWs, and of exploiting the unpaid or low-paid labour of women DWs. We condemn this reinforcement of the gender oppression of women and DWs.
We strongly oppose the exclusion of domestic workers, especially MDWs, from the proposed SMW Law:
· This is inconsistent with HK’s commitments under the CEDAW, ICESCR, ILO core labour rights conventions and “Decent Work” principles.
· This discriminates against 7% of the most vulnerable, mostly-women workers in HK.
· This forms a systematic pattern of institutional discrimination of MDWs in HK as manifested in the “New Conditions of Stay” (NCS) policy (3 United Nations human rights committees CEDAW, CERD, ICESCR have concluded that the NCS is discriminatory); the recently enacted Anti-Race Discrimination Ordinance (which excludes discriminatory policies/practices by government); and now, the proposed SMW Law.
Some politicians, employers groups and government officials give the lame excuse that MDWs should be excluded because of “difficulties in operating or implementing” the law. This is unacceptable because many existing laws including the Employment Ordinance have difficulties in monitoring and implementing e.g. payment of wages, provident fund contributions, limits on recruitment fees, ensuring weekly days off and statutory holidays, etc. Yet, all of these are covered by existing laws. Their inclusion in the law is critical in addressing the operational difficulties since these are protected by law, workers have a legal right to complain and seek redress if these are violated. HK has well-established legal and social redress channels that can process these complaints and therefore help implement the law. As the Manpower Panel itself noted, several countries (Australia, France, Canada) include DWs under their minimum wage laws. In 2010 the ILO will also discuss the proposed adoption of an ILO Convention on Domestic Workers. This new international treaty will help improve the legal standards in protecting DWs.
Therefore, we call on the HK government to honour its local and international commitments to promote workers’ and women’s rights. We call on the HK government to protect all workers including local and foreign domestic workers amidst the worsening global crisis.
In particular, we call on the HK government to urgently legislate a just and effective SMW Law that:
1. Guarantees wage protection for all workers in HK, both local and migrants. All domestic workers local and migrants, live-in and live-out should be protected by the new SMW Law.
2. Provides for fair and decent minimum wage levels for the workers, including local and foreign DWs. The new SMW Law should enhance the current wages and protection of DWs, and ensure that there is no wage cut or any reduction in wages or benefits of domestic workers.
3. Upholds and promotes transparent, accountable and democratic principles in decision- making (e.g. setting the wage levels). Workers’ representatives, especially from the trade unions of DWs, should have institutional representation in such decision-making process.
4. Strengthens the mechanisms for monitoring and compliance of the minimum wage law.
5. Ensures consultative and democratic process in drafting and formulating the new SMW Law.
6. Incorporates the “minimum allowable wage” (MAW) policy for MDWs as part of the new SMW Law, and ensures that the wage levels, decision-making and implementing mechanisms are improved.
We further call on the HK government to support the adoption of the ILO Convention protecting domestic workers!
Federation of Asian Domestic Workers’ Unions in HK (FADWU Organising Committee) " HK Domestic Workers General Union " Filipino Domestic Workers Union (FDWU) " Indonesian Migrant Workers Union (IMWU) " Union of Nepalese Domestic Workers (UNDW) " Thai Migrant Workers Union (TMWU) " Overseas Domestic Workers Union (ODWU) " Asian Domestic Workers Union (ADWU) " Coalition for Migrants Rights (CMR) " KOTKHIO " Far East Overseas Nepalese Association (FEONA) " Asian Migrant Centre (AMC) " Alliance of Progressive Labor (HK)
