When I first started working with domestic workers in New York City in 1998, many women I encountered were Filipina who had first worked in Hong Kong, then come to the US with their employers. They described Hong Kong as the “city of modern slavery”, but also as home to a vibrant movement of domestic workers organising for their rights and dignity. It was a striking duality.
The recent case involving Indonesian domestic worker Erwiana Sulystyaningsih – whose former employer was found guilty on 10 February of a series of charges against her – reflects both realities. The abuses she suffered – beaten, starved, sleep deprived – sound like brutality from another era. And yet, Hong Kong domestic worker advocates say this type of violence is rising.
There are two key elements to Sulystyaningsih’s abuse. First, her migrant worker recruitment agency knew of these abuses and forced her to stay in the workplace. She reported severe abuse within the first month of working with this employer and the agency told her that she must remain to pay off her recruitment fee – 15,000 HK dollars (about $1,900), which is approximately five months’ salary. The agencies, to ensure workers pay back the fees, retain their passports and documents. A previous domestic worker for the same employer had also asked the agency to intervene on abuses, including when the employer threatened to throw her out of a high-rise window. In Hong Kong, agencies are limited to a 10% recruitment fee, but many countries including Indonesia do not have restrictions, and workers end up in an indentured servitude-like relationship.
Second, in Hong Kong, there are many restrictions placed on migrant domestic workers, which render them particularly vulnerable to extreme abuse. Migrant domestic workers are required to live with their employers. In fact, the same day that Sulystyaningsih’s verdict was announced, four migrant domestic workers were detained in an immigration raid for not living with their employers. Live-in workers are more likely to face abuse, including rape and physical violence. Just last week another abuse case involving a migrant domestic worker was filed in the Hong Kong courts and included an alleged rape by one of the family members.
Fish Ip, a Hong Kong-based domestic worker advocate, noted an increase in Hong Kong migrant domestic labour, which she attributes to the increased need for care of elderly people. In many nations care of older people is among the fastest growing occupations as advances in healthcare allow longer lifespans. She believes that the laws are inadequate, (not to mention outdated), and render migrant domestic workers extremely vulnerable to abuse and exploitation. “Hong Kong only requires employers to pay a minimum salary of 15,000 HK dollars to hire a migrant domestic worker,” she notes. “That is a very low bar and has not changed for many years.”
In February 2014, Sulystyaningsih’s employers attempted to deport her to Indonesia in the middle of the night. After crossing security, she was helped by a fellow worker who saw that she was too injured to walk, and posted on Facebook about the abuses. The Indonesian Migrant Domestic Workers Union saw the post and moved into action. She received medical attention and legal support, which allowed her to stay in the country seeking justice. The union’s leaders stayed with her during her hospitalisation, and helped document her story. They also helped garner public support that could lead to change for other domestic workers.
While the verdict in Sulystyaningsih’s case went in her favour, she still suffers from headaches and hearing loss from the abuse. She is one of an estimated 100 million domestic workers globally who are vulnerable, victims of a culture that devalues and dehumanises domestic work. But she is also part of a growing movement in Hong Kong and across the globe, for safety, dignity and opportunity for this critical workforce – one that promises to bring this work of supporting and caring for families out of the shadows and into the full light of our economy.
The relatively new International Labour Organisation global convention on domestic work, finalised in 2011, is a step forward, but does not go far enough. We must ensure that this convention is globally ratified and enforced, that the Hong Kong government, along with governments around the world, increases protections for the workforce, and that organisations like the Indonesian Migrant Domestic Workers Union and the International Domestic Workers Federation continue to grow in strength and impact.
And ultimately, each of us as individuals must take responsibility for changing the cultural norms and practices that have allowed for domestic worker abuse to persist for so long.
