August, 2008

Struggle of Hong Kong Migrant Workers against the Levy Bear Fruit.
But Struggle Continues!

Edwina Antonio-Santoyo

(The author is the Executive Director of the Bethune House Migrant Women’s Refuge)

In a story taken from Luke 18: 1-8, we read of a widow who spent every day going before an unjust judge, asking for justice against her adversary.  Over and over, the cruel judge denied her, until one day, he could take her cries no more.  He granted her the justice she was seeking, not because he had compassion in his heart, but because she was persistent enough in her pleas to wear the judge down.  “I will see that she gets justice, so that she won’t eventually wear me out with her coming!” (Luke 18:5) The widow in this story knew that the persistence to keep asking, working, crying, and struggling for justice would one day see her hopes fulfilled. It is not an easy task, to remain persistent in the face of one’s adversary.  Yet, the men and women who desire nothing more in their hearts than true Justice have the strength to carry on this task.

When the levy on all foreign domestic workers’ (FDWs) contracts was instituted in 2003 by the Hong Kong government, coupled with a crippling $400 wage deduction, migrant organizations rallied together in opposition.  It was actually a regressive taxation on workers and ordinary working people. From the onset, it has been clear that the levy will benefit only the Hong Kong government because its main aim is to generate revenues (which incidentally, they did admit in their paper. We wonder what for?). It was implemented to resolve Hong Kong’s budget deficit by raising money formally from the employers of FDWs and practically from the FDWs themselves through the HK$400 wage cut.

Over the years, their cause has not weakened, but rather strengthened over time.  Numerous organizations spent countless hours educating fellow migrants about the situation of the levy and how this levy was repressive for migrant workers.  These groups and individuals have been reminding the government since the levy’s institution, by way of rallies, protests, letters, phone calls and press releases, that the levy was in fact unjust and nothing but a money making scheme that took money directly from the pockets of hard working domestic workers and employers.  The levy served no ones best interest but those of the money-hungry government. 

Foreign domestic workers underwent two major wage deductions, first in 1999 at $190, and then again in 2003 at $400. In four years, FDWs’ wages plummeted from $3,860 to $3,270. With the imposition of the levy on FDW contracts since that final wage cut, it has made it nearly impossible for the migrant community to regain their wage loses.  The majority of employers in Hong Kong come from the middle class, and the levy is a strain not only on the workers, but also the employers.  The levy was essentially a deterrence to a substantial wage increase.

When the suspension of the levy was announced in July, rejoicing was short lived.  Immediately, migrant organizations began to recognize the faults in this seeming victory.  First of all, the government only proposed to suspend the levy on new processed contracts after September 1, 2008.   This meant that all contracts processed between the announcement and the effective date did not qualify, and more importantly, neither did the more than 220,000 existing contracts.  This opened up the possibility for mass terminations, as employers were eager to take advantage of the levy suspension.  The numbers of workers sacked due to the unjust suspension are countless, but they began calling migrant offices such as the Mission for Migrant Workers, almost immediately seeking help and shelter.  In addition, many contracts that were in the course of being processed were either put on hold or rejected, as employers were desperate to wait until that the effective date.  Sending agencies in Indonesia began refusing to even bother processing visas or contracts in Hong Kong, until the suspension took place, due to lack of employers.  This left many domestic workers hanging in limbo.  With their visas cancelled, processing put on hold and contracts terminated early, many migrants all over Hong Kong had to live in uncertainty as to whether they would be rehired. 

The Asian Migrants Coordinating Body (AMCB), the Mission for Migrant Workers and other organizations took to marching before government offices.  They continued their demand for the abolition of the levy, but in the very least, called for a suspension of the levy on all contracts. The cause gained such momentum, that the government offices were forced to take heed.  They moved the effective date up a month, to 1 August 2008. While this would release the pressure of the contracts in limbo, it still left current contract vulnerable.  The AMCB did not release their pressure on the government to take into account the importance of all contracts in regards to the levy suspension.  Because the migrants were relentless in their demands on the government, it was then announced that Immigration would offer the Advance Contract Renewal Scheme, in which current contracts could be mutually terminated and rehired.  This allowed for employers to keep their current domestic workers without going through an agency and allowed for a speedy processing of the contract without the worker having to return to their country of origin. 

Like the widow, migrant workers and their organizations have been unyielding in their quest to abolish the levy.  In a statement given by Eni Lestari, spokesperson for the AMCB, she said, “It is high time to right a wrong and unjust policy.  Though it has taken long to come, the suspension of the levy is a victory that shall mark our intensified campaign for its total abolition as well as for a significant wage increase for migrants.” It is obvious that justice in this case was something fought for over the course of years, and was not something just handed down.  It may not have come because the government recognized their own unjust policies, but rather because the migrants have played the role of the widow: persistent in their pursuit of justice.

Hong Kong Christian Institute
20th Anniversary Thanksgiving Service and Dinner

Hong Kong Christian Institute (HKCI) was founded in 1988, we cordially invite our members and friends to join us for the celebration and thanksgiving of HKCI 20th Anniversary. The details are as follows:

～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～～

Please fill in the following reply slip and return with crossed cheque (payable to Hong Kong Christian Institute) to 10/F, 11 Mongkok Road, Kowloon, Hong Kong.

For enquiry：2398 1699 (Tel), 2787 4765 (Fax)
Deadline　：26th September 2008 (Friday)

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Reply Slip

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1. 20th Anniversary Thanksgiving Service
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