Are new domestic helpers from Cambodia set up for failure?

In acutely dense urban centers, labor and migration pose unique modern challenges. As more than 330,000 foreign domestic helpers currently reside in Hong Kong, one of our city's biggest worries today is creating fair and humane conditions for domestic workers. The first trial group of 1,000 Cambodian domestic helpers will arrive later this year under a five-year scheme; are they set up for failure?

Hong Kong's advanced economy coupled with its ease of access facilitates the movement of workers such as goods traders and blue-collar domestic helpers. A blow to Hong Kong's reputation as Asia's World City came last year when the Global Slavery Index ranked the city as a top-10 offender in modern slavery across Asia; domestic helpers were cited as the primary group affected by abuse and exploitation. As domestic helpers from Indonesia and the Philippines come to Hong Kong through employment agencies, many become indebted to agencies and lenders who charge exorbitant fees and interest, creating space for debt bondage and exploitation.

Beyond the agencies, helpers have routinely suffered labor exploitation and mistreatment - in the form of emotional, physical and sexual abuse, in addition to extreme overwork, severe lack of privacy and societal stigma toward darker-skinned workers. As Hong Kong faces a chronic shortage of available land for housing development and living spaces keep shrinking, the accommodation of live-in helpers becomes a significant challenge. Hong Kong's treatment of foreign domestic helpers has come under scrutiny from the media and the public, prompting calls for self-reflection among employers, agencies and authorities in policies toward helpers.

What can we expect from the Cambodian scheme when exploitative practices in other jurisdictions have not yet been stamped out? At a closed-door discussion with policymakers and domestic helpers last year, both parties pointed to the role and obligation of the government and consulates to intervene with legal protection and practical assistance. Problems have arisen because of failures on both sides to live up to their obligations. Prior to their arrival, the Cambodian helpers will be given training in domestic duties; while the Cambodian Human Resource Development Association, the official representative of the Cambodian government in Hong Kong, is tasked with ensuring the protection of their rights. It remains to be seen how committed the association will be in protecting workers' rights.

Another challenge is access to legal advice and representation in Hong Kong, championed by both public and private sectors; particularly by non-government organizations that focus on helping domestic workers and private-sector lawyers that undertake pro bono work. Access to legal recourse remains important due to binding contracts workers may sign without truly understanding their implications. However, the demand for legal help still exceeds supply.

Many point to Erwiana Sulistyaningsih's victory as a landmark case and turning point for Hong Kong in the fight for fair treatment of domestic helpers; and undeniably some positive progress has been made with public and private sectors working together. Arguably, the majority of relations between employers and helpers are positive and mutually beneficial, with economic and practical benefits for both parties and the local economy. However, any case of abuse or exploitation compromises the integrity of the system and calls into question society's willingness to tolerate exploitation in exchange for convenience. "Beaten, hit with an iron rod and doused in bleach: Hong Kong helpers facing systemic abuse", "Maid leaps to death after Hong Kong bosses fire her for unproven theft", "Filipino maid fined HK$800 for eating employer's meatballs" are just a few recent headlines from local media. With Hong Kong's wealth gap and housing crisis on edge and economic stagnation dominating social discourse, how can we practically and equitably integrate foreign domestic helpers into the local economy and society? Domestic helpers are a great contribution to Hong Kong's economy by freeing young parents to remain active in the workplace. Their compensation must be commensurate to the significance of their contributions, not to mention that they deserve to be treated with dignity and respect. They must be properly integrated into Hong Kong society with their rights and welfare duly protected by law and carefully monitored by civil society. This requires our government and various stakeholders upholding their end of the bargain in their recruitment.

(HK Edition 06/02/2017 page1)