Migrant Focus Second Issue 2014

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The Monthly Newsletter of the Mission For Migrant Workers Hong Kong (MFMW Limited)

April - June 2014

Some time in Januar y 2014, Er wiana Sulist yaningsih, an Indone sian dome stic worker, came for ward to demand justice against her abusi ve employer. When fleeing home to Java, she was found in critical condition – covered in cuts and burns with only HK$70 in hand.

Picture s of Er wiana spre ad across the world, and her stor y and braver y re ached international scale.

Six months later, her demand for justice is still unre solved. We spe ak with Cynthia Abdon-Tellez, manager of Mission for Migrant Workers, to discuss her e xperience in working with the Justice for Er wiana campaign and the current status of her case.

Question: After months of community organizing, what lessons have been learned in working on the Erwiana campaign?

Answer: One lesson has been consistency in keeping the issue alive in both the media and amongst migrant workers. It is important for the community to be well informed of what is happening. When Erwiana’s case was first brought to the attention of the authorities, it was seen as simply miscellaneous. Yet, because of community action and media coverage, the authorities were pushed to consider the case. More importantly, other victims were encouraged to come forward and file against the

same employer, leading to her arrest.

The cooperation of migrant workers, NGOs, service providers, and local people brought the case to the mainstream.

Another lesson learned was the importance of a trustworthy network.

When Erwiana was based in Java, we needed reliable organizations in Indonesia who were able to check in on her, verify the truth, and provide current updates. For instance, it was crucial to have legal aid that made sure that the decisions made in Indonesia did not compromise her case in Hong Kong.

Our connections were a tremendous asset to the campaign.

Lastly, a major lesson has been learning how to assert our demands

when working with government entities. Although we had similar intentions of providing relief and justice, there were still points of argument.

We needed to understand our rights and how to uphold them during the legal processes.

Q: What is the status of the campaign now?

A: The next hearing is adjourned to August 21st to continue the pretrial review as additional charges were filed by the Labour Department on top of criminal charges for breaching the employment ordinance for failure to pay monthly wages and to provide rest days and statutory holidays. Curturn to page 2

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Erwiana: Continuing the Fight

From Page 1

rently, the former employer is on bail for HK$1 million, where HK$500,000 was paid in cash and the other half in surety bond.

We are still waiting to hear possible actions with regards false imprisonment, and the role of the agency.

Currently, Erwiana herself is in tough conditions. She has a blood clot in her brain, a broken nose, and a problem with her spine. She will be having an ear operation soon, and we hope many will support her through this process.

Q: How can we keep the momentum going to continuously fight for workers’ justice?

A: We plan on continuing updating our network and the larger society on the state of Erwiana and her case. Without our network, her case would not have grown to such a large scale. Erwiana has become an icon for all enslaved migrant workers, and it has encouraged others to speak out. For instance, we have heard

Erwiana’s Visit to Hong Kong upon invitation by the HK Police.

from women who have experienced immense injustice, from having their fingers severed to experiencing eight months of isolation. Erwiana’s bravery has empowered others to fight back, and we hope many more will come forward.

We also hope to build the voice of the middle class especially since many of them are the employers of foreign domestic workers. Not many employers are abusive, and their support demonstrates what kind of Hong Kong this is.

Finally, we hope the campaign’s

A Researcher’s Reflection

by “Emily the Intern”

My time with the Mission for Migrant Workers was a short but intensely valuable period. I went to Hong Kong to carry out research towards my MA dissertation as a student in Migration Studies at the University of Sussex (UK) and the Mission was very accommodating to my research needs, as well as being hugely knowledgeable on the myriad of complex issues affecting migrant workers in Hong Kong.

I had a variety of experiences, between the office, the shelters at Bethune House and April - June 2014

the outreach work on a Sunday. In this respect it has been extremely useful to me, as not only did I gain immediate insight into the lived effect of policies, but in conjunction with previous voluntary experience I feel I have been able to make some decisions about my future career direction, namely my interest in casework.

It is safe to say that without the aid of the Mission it would have been a challenge to get involved with the community in the same way, especially considering my own time restrictions for research, and of course the time

widespread reach will push governments to consider reviewing its policies towards migrant workers. Erwiana’s case did not happen because of one single employer. Instead, certain policies in government, such as the live-in policy, allowed Erwiana and many other migrant workers to be abused. We hope the momentum will push for long-term change, and justice for all migrant workers.

restrictions for many migrants working in the sector. The tireless work of the Mission and all the other migrant organisations that I had the pleasure to meet has been an inspiration, and reaffirms for me that migrant rights and equality in freedom of movement are global issues, which are shared and can connect us in solidarity from Asia to Europe, and the rest of the world.

I really would like to thank again the Mission staff and Friends of Bethune House for giving me the opportunity to work with them, and for all the training and knowledge they sharedwith me, even though I was only able to stay with them for such a brief time.

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HER STORY Putting a Face to the

Stories of Suffering, Struggle and Success

Struggle to Succeed: Nivare’s Story

“I FEEL embarrassed living on charity for a month but I also feel happy to find out I can also be of help to others. I am lucky and grateful that I was referred to the Mission and for me to have stayed in Bethune House.” This was a remark from Nivare (not her real name) on her send-off before departing Hong Kong.

Nivare is a petite, kindhearted and soft-spoken woman from Malang, Indonesia. She came to Hong Kong in June 2013 with high hopes to complete a 2-year contract. In her early 7-months work, she had1 to pay the agency fee. She was only able to send a monthly remittance to her family after then.

Nivare worked for the employer in contract, the husband, a seven-year-old child and an infant. Nivare’s duty included cleaning the house, buying food from the market, cooking and taking care of the children, especially the baby.

Her employers were generally satisfied with her work and they maintained a good relationship.

However, the employer did not provide Nivare her weekly rest days during her 10 days of service with them. If she’s able to get her employer’s permission to allow her to have her rest day, the employer deducted money from her month’s salary.

Even then, Nivare said she just faithfully followed what her employers told her to do. Although she wanted to take a rest and to meet some Indonesian compatriots, she

remained silent when her employer did not allow her take her weekly rest day. She said she just want to complete their 2-year contract.

“Sacrifice Nivare! This is for your siblings and parents back home!”, Nivare would tell her self. That is why even if her employer did not allow her to take a rest day, she kept silent.

In April 2014, the employer suspected that Nivare stole her missing mobile phone. The employer threw her bag at the face of Nivare hitting her eyes while yelling at her to go to the agency.

The employer told her she will give the agency HK$2,000 only as her payment.

Nivare said she could not believe that the employer would suspect her of stealing resulting to her dismissal from work. Nivare said she was hurt. The employer often forgot where she put her things and misplaced them and found them later.

Nivare called someone whom she met one time she was able to have her rest day. She said she wanted to go home. This person advised her to better go to the Mission instead of going to the agency.

Nivare lodged claims at the

Labour Relations Division, but no settlement was reached because the employer did not want to pay full her claims of HK$11,780. Employer would only give her an air ticket. She said if not for the guidance of her case worker, she will settle her case with that air ticket only.

At the Labour Tribunal, before the hearing, the Labour officer called that the employer offered to pay her HK$11,180.

Her farewell message to her shelter mates awaiting resolution of their cases: “Thank you I learned about many things in the Mission and in Bethune House about different cases. My English is not very good and I did not imagine myself becoming a translator for my fellow BMIs who do not speak and read the English language. My case taught me a lot. Your case taught me a lot. Thank you for allowing me to translate for you, to accompany you. It made me strong and confident. Thank you I had this case that made me stand for what is right. I hope you will not lose hope, win your case too.”

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OUR FAITH, OUR STRUGGLE

Sea Sunday 2014

Every second Sunday of July, Anglicans observe Sea Sunday.

At St. John’s Cathedral, Sea Sunday was observed at the 11:45 Service as well as at the 2PM Eucharist in Filipino.

The observance focuses on the concerns of seafarers and their families and those involved in the shipping industry. Sea Sunday is the initiative of the Mission to Seafarers founded sometime in 1856, which established in 1863 the Mission to Sea Farers in Hong Kong.

There are Missions to Seafarers in some 260 ports in 71 countries.

The ministry of the Mission to Seafarers is to let the seafarers feel God’s love and concern through the work and ministry of its port chaplains, ship visitors and volunteers.

This comes in the form of prayers and religious services, hospitality though its hostels, hospital visits, providing wholesome reading materials and recreation to them and a cheap means to communicate with their families; or simply being there for and with the seafarers and their families.

Even as you read this, there are 1.5M seafarers in the more than 50,000 merchant ships in the seas around the world, with another 1.5 seafarers on the shores either on leave or awaiting their papers for deployment. 25% of the total number seafarers are Filipinos.

We owe so much to seafarers, dock workers and others involved in the shipping industry: the food we eat, the clothes we use, the electronic gadgets that make communication easier, the machineries

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that run our industries and commercial activities, 90% of these are transported from one end of the world to the other by ships.

Yet seafarers are often invisible to the general public and even to their families. Thus their problems and concerns are not often met. According to some statistics, seafarers are 3x more prone to commit suicides than those in other line of work. They 26x more likely to die at work than others. In 2012 more than a 1000 died while at sea for various reasons while there were 300 reported pirate attacks.

It can be safely said, that loneliness is the primary problem of seafarers as they spend months in the sea without seeing anything else but the sun, or the moon, the waves and the clouds; whilst they spend short time ashore.

Another problem is the anxiety and dread due to their inability to immediately respond to family crises.

They have to wait till the ship reached the shore before they can do something.

Many of them are victims of unscrupulous manning agencies which charge exorbitant placement fees; ship owners who abandon their crews; unseaworthy vessels; and as the crews are usually from different nations, misunderstanding among crews due to cultural differences and racial prejudices.

They are also victims of government neglect as well as anti migrant policies.

And there is always the threat of stormy weather: strong winds and gigantic

waves.

And so this Sea Sunday, we thanked God for the life and ministry of the Mission to Seafarers, for its chaplains, ship visitors and volunteers. We prayed for the safety of seafarers and their families. We also prayed for dock workers and their unions and those who work that they and the seafarers are not exploited and taken advantage of.

We also prayed for those who went down and for those who were lost at sea.

May seafarers be invisible to the public no more.

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NEWS IN PHOTOS

LEAP (Labour and Employment Assistance Program)

Clients of the Bethune House at the St. John’s Cathedral

Migrants learn Zumba from the pros at the Give Care to Caregivers (GCCG) event

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NEWS IN PHOTOS IPMA (Institutional Promotion and Migrants Advocacy)

Interns Welcome Party on June 28th 2014

Interns Welcome Party on July 25th 2014

Interns Farewell Party on August 2nd 2014 April - June 2014

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Say Hello to the Interns!

The reason I choose the shelter for my internship is that the number of foreign domestic helpers is about 1/25 to the overall Hong Kong population and the issue of foreign domestic helper has been quite controversial recently. I believe it would be an impressive experience to get in touch and work along with the migrant workers. The cases of Erwiana and Kartika stunned the society and I want to follow the case in order that I can find out whether substantial justice can be attained. I believe it would also be an interesting and valuable experience for me to assist in counseling, participate in interviews with clients, and other legal works alike. As a local Hong-Kongese, I believe the internship would give me sufficient experience and inspiration on behalf of the peaceful coexistence with the foreign domestic helpers in Hong Kong. My belief is that allocation of resources is never an excuse to deny human right. So, in the coming weeks, I hope I can learn more and serve more.

l) Hee Yeon (Rache

Cho

I became an intern at the Mission through Social Justice Summer Internship programme which is co-organised by the Faculty of Law at the University of Hong Kong and the Mission For Migrant Workers (MFMW). I put the Mission as my preferred choice for several reasons. Firstly, the Philippines as a country is truly a thankful one for a South Korean like me as they sent troops during the Korean War which resulted in many deaths and casualties. Secondly, I lived in the Philippines, mainly Manila for a little while assisting my uncle who was offering free medical services to Filipinos along with the KOICA as a part of their Medical Mission scheme. Lastly, I had been a racial minority while living in New Zealand so I wanted to help those who are in a similar situation here in Hong Kong.

I worked at the Mission as case counsellor and part of my jobs included; computation upon termination, filing a case to Labour Relations Division and/or Labour Tribunal, helping clients with work related injuries by filing a case for Employees’ Compensation, attending meetings with duty lawyer, writing letters to the Immigrations Department and/or the Labour Department regarding poor working conditions, illtreatment and underpayment and accompanying clients to police stations, courts and Labour Departments’ conciliation meetings. I personally think I was able to experience and learn a wide range of labour and employment related legal and social issues. I appreciate the Mission for letting me work closely with clients and actually giving me real works to finish. Without the opportunities provided by the Mission, I do not think I would have been able to learn and experience so much. I am looking forward to come back as a casual volunteer upon completion of my internship programme. The picture is with a client who I had been working for more than a month now from a rescue task.

Hi, my name is Lewis. I am currently a drey Li double major in Biology and Science in Society at Wesleyan Au Hi, University, Middletown, Connecticut. I also study Japanese in University. my name is Audrey When I am not working, I love to draw, sleep, game, and read comics. and I study law at the This summer, I am volunteering at Mission for Migrant Workers and Bethune University of Hong House as an intern. I grew up in Hong Kong and only went to the US for college. For a very Kong. I took part long time, my family had hired Filipino domestic workers since I was very young. Many in the Social Justice scenes of my life with these helpers and my family’s interactions with them are still stuck Summer Internship vividly in my memory. For example, I remember when I was still in primary school, I asked P r o g r a m m e my helper then to buy me a certain robot toy which cost just below 200HKD. My helper told (organized by the me, “I don’t have enough money.” I begged her several more times (I don’t remember exactly Law Faculty) of which if she bought it in the end). There are other scenes, some relatively happy, and some not so Mission for Migrant Workers is one of the partners. much. Without a doubt, these domestic helpers have been an My main reason for choosing MFMW important part of my life and my family relations; I would was the media coverage of the Erwiana have lived very differently if not for them. However, being case, which motivated me to gain a greater aware of that, I was quite timid about getting to know them. understanding of the difficulties faced by foreign Then one day while in university, I decided that domestic workers within the current legal and this is too important a part of my life to be kept in the back political framework. Like many families, I had a corner of my mind. I no longer have contact with any of the domestic helper growing up and am conscious of domestic helpers who worked in my family, but I wanted their contribution to HK society. The internship to begin having a conversation. It has been 3 weeks so far, has given me first-hand exposure to a sector of and I have learned a lot of things. Because of this internship, society which I was previously unfamiliar with, my mom and I have also started a whole conversation on and I am extremely grateful for the experience. foreign domestic workers, and I am learning from that too.

Lewis Lo

Jennifer Tian

My Name is Tian Zhen Jennifer. I have worked in the Mission and Bethune House as an intern for one month. I am studying Master of Social Work in University of Hong Kong. Although it is my academic requirement to complete 400 hours internship here, I found I am driven by my own initiative to work instead of academic obligation.

I am moved by the staff, volunteers and even clients because they are so kind, warm hearted and strong. All the people in the Mission make it a place of devotion, support and friendly spirit. I enjoyed my work here. I got the chance to know about Migrant worker’s situations in Hong Kong, their difficulties and concerns. I treasured the time that I spent with them because I not only talk to them but also stay with them, dine with them, and play with them so that I knew them as people. This kind of experience taught and inspired me that there is always a human part in the relationships between worker and clients. Such connections between people are where all those strength and braveness come from.

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s! n r e t n I e h t o t Henry Lee Hinonen Say Hello

Jamerry Kim

I am an undergraduate student at the University of Toronto, Canada, studying Cultural Anthropology.

This summer, I’m conducting fieldwork with the Indonesian activist groups of Victoria Park. My research focuses on the logistical challenges faced by activists with limited resources, and the use of social media in migrant organizations.

Working with MFMW, I hope to assist these women in any way I can, while learning about their struggle. The tenacity and strength displayed by the migrant workers of Hong Kong is nothing short of awe-inspiring.

I believe that students have both the responsibility and the capacity to fight injustice.

Greetings, I’m Jamerry Kim from NYC and I’m in the MA Jova Chan Media Studies Hello! My name program at the New School University with a focus is Jova. I’m an aspiring on documentary filmmaking As part History major at the of the International Field Program, University of Hong Kong.

I’m spending the summer at the I started working as an MFMW and the Bethune House. I’m intern for Mission For interested in the issues related to the Migrant Workers on domestic migrant workers in Hong July 2nd, and my last Kong and the migrant workers at day here will be on the large. My direct engagement with the 31st. I decided to work domestic workers at MFMW really for Mission For Migrant Workers because I wanted gave me the opportunity to learn first to do something simultaneously productive and hand the complexities of the domestic meaningful for the summer.

Katharine Nasol migrant workers. The relationships and their stories really touched me Hi everyone! My name because it showed me their struggle is Katherine Nasol and I and also their strength and the am currently a 4th year support they had for one another. student at Stanford I intend to carry my experience University, studying with me and I hope to translate International Relations them into a documentary film. And and Comparative Studies perhaps the audience can learn in Race and Ethnicity. what I have learned at the MFMW. My passion for migrant workers’ rights stems from my family’s own personal migration story, from Filipino OFWs in Kuwait to now immigrants in the United States.

My academic interests include workers’ rights, youth and student activism, women’s rights and gender justice, and human trafficking. For fun, I love to sing and record music; listen to R&B/soul/BEYONCE; run and hike; bake; and go on adventures in Hong Kong!

My name is Grace Fung, from Hong Kong. I am a second-year student at the HKU, studying a double-degree in Law and Literature. Having been brought up by Virgie, a Filipina woman who has worked with my family for 25 years, it was always evident to me growing up that not only do FDWs in Hong Kong constitute an important part of the workforce, they often constitute an important part of the family unit. Following recent landmark cases and the instances of extreme abuse that have come to light, it became clear to me that policies and mainstream attitudes clearly discriminate against FDWs, and render them subject to unacceptable institutionalised prejudice. This led to my decision to intern with the Mission. I am currently preparing a paper for the Mission analysing the public positions that the Government takes on the state of FDW rights. I will also attempt to evaluate how compatible the existing statutory framework governing FDW issues are with adopted international standards.

Grace Fung

MIGRANT FOCUS Migrant Focus is a monthly publication of the Mission For Migrant Workers (MFMW Ltd.) Editorial Team Cynthia Ca Abdon-Tellez, Jun Tellez, Norman Uy Carnay, Fr. Dwight dela Torre Contributors Vicky Casia, Beth Kauffman, Sara Lowery, Carlos Piocos III

Address St. John’s Cathedral, 4 Garden Road, Central, Hong Kong SAR Tel No. (852) 2522 8264 Fax No. (852) 2526 2894 E-mail mission@migrants.net Webpage http://www.migrants.net http://www.facebook.com/MFMWHK

Articles and/or graphics in this issue may be reproduced without permission provided full credit is given to the Mission For Migrant Workers (MFMW).

Your support will be most appreciated. You can issue cheques paid or deposit to: MFMW LTD. A/C No: 210-116448-883 Hang Seng Bank (Donation of HK$100 or more is tax deductible.)

April - June 2014