The Right of Abode and the Social Exclusion of Foreign Domestic Workers in Hong KongBy Dolores BalladaresBy Dolores BalladaresChairperson, United Filipinos in Hong KongChairperson, United Filipinos in Hong Kong( UNIFIL-MIGRANTE-HK)( UNIFIL-MIGRANTE-HK)

A. The Issue on the Right of Abode in Hong

Kong

1. What is “Right of Abode” (RoA)?

2. Under the law, who can be eligible for the right of Abode?

3. Why FDWs are not “eligible” for the Right of Abode?

1. 1. What is “Right of Abode”?

Hong Kong permanent residents possess the "right of abode”, meaning they are allowed to live in Hong Kong without subject to a condition of stay, and the right to not be deported or removed.

Essentially, this is a quasi-citizenship for Hong Kong, but both Chinese and non-Chinese citizens can hold this status.

Under the law, who can be eligible for the right

of abode?Article 24 (4) of the Basic Law - “A

person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his place of permanent residence before or after the establishment of the HKSAR.”

3. Why FDWs are not “eligible” for the Right of

Abode?

Lord David Pannick:Lord David Pannick:

……residency of maids, residency of maids, like prisoners, is "out like prisoners, is "out of the ordinary."of the ordinary."

Section 2(4)(vi) of the Immigration Ordinance - ‘For the purposes of this Ordinance, a person shall not be treated as

ordinarily resident in Hong Kong while employed as a domestic helper who is from outside Hong Kong.’

B. B. FDWs segregation on the RoA as part of the Social Exclusion in HK society.

1. What is the essence of FDWs exclusion on the RoA?

2. What are the other forms of social exclusion to the FDWs in Hong Kong.

3. What is the truth behind the statements of the pro-right of abode?

4. Why did the HK government introduce a “cap” on the years of work of FDWs?

1. What is the essence of FDWs exclusion on the

RoA?

processes in which individuals and processes in which individuals and entire communities of people are entire communities of people are systematically blocked from rights, systematically blocked from rights, opportunities and resources (e.g. opportunities and resources (e.g. housing, employment, healthcare, housing, employment, healthcare, civic engagement, democratic civic engagement, democratic participation and due process) that participation and due process) that are normally available to members are normally available to members of society and which are key to of society and which are key to social integration.social integration.

Social Exclusion

2. What are the other forms of social exclusion to the FDWs in

HK.

Two-week rule policy

Minimum wage exclusion

Mandatory live-in arrangement

“W” in the HKID

FDH counters at airport immigration

Ban on driving duties

Proposal to remove maternity protection for FDWs

Immigration ban on Nepalese workers

3. What are the truth behind the statements of the pro right of abode?

500,000 500,000 FDWs and families FDWs and families will apply for RoA and live will apply for RoA and live in HK.in HK.

Steal the jobs from local Steal the jobs from local workers. workers.

Take advantage of the Take advantage of the funds and social services of funds and social services of HK.HK.

Scare Tactics

Regina Ip

Paul Tse

D. What are our responses?

We support the ROA petitioners for We support the ROA petitioners for we believe that equal application of we believe that equal application of the law is fundamental human right.the law is fundamental human right.

We stand against discrimination and We stand against discrimination and other forms of social exclusion other forms of social exclusion (Live-in arrangement, 2-week rule, (Live-in arrangement, 2-week rule, minimum wage, working hours, etc.).minimum wage, working hours, etc.).

E. What FDWs can do on the RoA issue and the social exclusion.

Strengthen solidarity Strengthen solidarity among local workers in among local workers in HK and workers from HK and workers from other nationalities.other nationalities.

Conduct massive Conduct massive education and information education and information dissemination on the issue.dissemination on the issue.

Organize and join mass Organize and join mass actions.actions.

F. Sending governments of F. Sending governments of FDWs are accountable for FDWs are accountable for

their plights in Hong Kong .their plights in Hong Kong . The political, social and economic crisis and instability are the The political, social and economic crisis and instability are the

root causes of force migration.root causes of force migration.

- PovertyPoverty

- UnemploymentUnemployment

- Lack of opportunities Lack of opportunities

* This must be addressed to lessen if not stop the discrimination and * This must be addressed to lessen if not stop the discrimination and social exclusion of migrant workers in any part of the world. social exclusion of migrant workers in any part of the world.

THANK YOU!