Stand with International Migrant Workers in Hong Kong

As Hong Kong grapples with the latest outbreak in the pandemic driven by the highly transmissible omicron variant and begins the citywide testing of everyone in the territory We call for the following to avert harm to migrant workers during this challenging situation: Equality of treatment with respect to medical confidentiality, access to healthcare and application of COVID-19 restrictions for people working in Hong Kong from abroad. Epidemiological surveillance should not lead to migrant workers being singled out for excessive scrutiny contributing to their stigmatisation. This far into the pandemic is it evident that any discriminatory denial of treatment for migrant workers who test positive is not only inhumane, but also undermines the collective safety required for a competent pandemic response. Comprehensive Public Health messaging to: Ensure migrant workers receive updates on information given to the wider public in a timely manner in accessible languages. Address irrational discriminatory xenophobic fears that a person with a different nationality contracting COVID-19 is any different to a person from Hong Kong. Promote public health understanding that in densely - populated Hong Kong where majority of families live in flats of less than 28sq m, the arrival of the highly transmissible omicron variant presents a risk to all of contracting it. This includes domestic workers even though they spend majority of their time in the house, often with less social contact compared to their employers’ families. Ensure support and healthcare for all migrant workers irrespective of immigration status. Many people have been become undocumented during the pandemic through no fault of their own. E.g. when a domestic worker is illegally dismissed after contracting COVID-19 or a worker lost their job when the employer’s financial situation suddenly deteriorated during the pandemic. Domestic workers are legally required to live with their employers so isolating anywhere else is apart from government facilities or hospitals is illegal. The latter is currently difficult to achieve given the huge demands on services or shelters unable to offer accommodation suitable for people with COVID-19. Domestic workers should be offered the option of a visa extension given this difficult situation. Inform employers that it is illegal to dismiss a worker who falls ill. The standard employment contract includes obligations for employers when a worker becomes sick, including provision of sick pay. The law in Hong Kong prohibits termination during paid sick leave, and it may also be a violation of the anti-discrimination law if an employer terminates a migrant worker because they become sick. This requires reinforcement through public messaging. Governments must act quickly to provide effective remedies and support for all migrant workers, who have been forced into unemployment and homelessness. Ensure migrants who have been infected and recovered from COVID-19 are provided with evidence of health clearance to enable their return to work or depart from the country. Urgently facilitate and provide a timely pathway for transfer to new employment if unemployed migrant workers prefer this option to repatriation. Living on low wages faced with the global rise in cost of living is challenging, especially with remittances being now required to pay for healthcare and rising costs of family support. Returning home and being re-deployed is expensive and can lead to greater debt, particularly with the pandemic response adding costs of health testing and rising airline prices. Facilitate timely repatriation Some workers forced into unemployment and homelessness wish to return to the Philippines. Employers and recruitment agencies have legal responsibilities to facilitate repatriation via provision of a return flight ticket. Governments have the ultimate duty to ensure migrant workers are not left stranded. Some workers have also decided to exercise their right to terminate their contract (after 1 months notice) and return to the Philippines. They require support to ensure they can leave their employment, without coercion to remain and receive their full wages and benefits. Act proactively to prevent wage theft Sanction employers who fail to pay migrant workers their entitled sick pay or full wages on time. Guarantee that workers who have lost their jobs receive their entitled wages and benefits before leaving the country. Solidarity from Hong Kong Society We call on all members of Hong Kong society to encourage each other to show solidarity, empathy and respect for low-wage migrant workers who have been disproportionally negatively affected during the pandemic, whilst providing essential work. The origin of the new coronavirus outbreak in Wuhan unjustly inflamed anti- Chinese prejudice in several parts of world, often leading to scapegoating and causing distress for Chinese migrants. Hopefully knowledge of this will encourage empathy not stigmatisation and double standards for migrants in Hong Kong. Low-wage migrant workers require a comprehensive response beyond the technocratic - that is both compassionate and respectful. To Everyone in Hong Kong: stay safe and take care during this difficult time