Shine a light on the plight of migrants in Hong Kong at upcoming UN human rights review
Hong Kong Free Press
By Piya Muqit
In recent years, the impact of the Beijing-imposed national security law on freedom of expression, the rule of law and democracy itself has dominated coverage of Hong Kong. This is understandable. The city has been transformed by this controversial legislation as its autonomy from the mainland is eroded.
Less discussed is how these changes have affected the city’s most marginalised communities – migrant workers, asylum-seekers and refugees, children – who have lost advocates, civil society groups and politicians willing to raise their concerns in the legislature, with the government and with the international community.
The UN’s human rights review, known as the Universal Periodic Review, for China is on January 23. This review takes place every 4 1/2 years, and this is the fourth cycle since this mechanism was adopted in 2006 by the UN General Assembly to examine the human rights performance of its 193 member states. The last UPR in 2018 was particularly successful, and there were seven recommendations specifically for Hong Kong, thanks to strong participation from Hong Kong civil society leading up to the review.
For this cycle, civil society has been lobbying member states to make recommendations to China, and the majority of the 38 pro-democracy submissions are focused on national security concerns and the decline of the rule of law in the city. Although relevant and critical, is it really realistic to expect China to change its national security strategy for Hong Kong following pressure from UN member states? However, there is some hope for longstanding human rights issues in Hong Kong seen as politically less sensitive.
This was the motivation behind recent published research from the Leitner Center for International Law and Justice based at Fordham Law School in New York, which has a long track record of working on human rights in China. The report – entitled entitled Unseen struggles: Addressing migrant rights in Hong Kong – formed the basis of its submission for the UPR. It was the only one focusing on the systemic challenges that leave marginalised migrant communities often in poverty, homeless and with limited access to basic services such as health care and education.
The research discusses migrant domestic workers who are crucial to Hong Kong’s economy. Yet these women, largely from the Philippines and Indonesia, are sometimes overworked, abused, and exploited as previous research and media have reported. Some go without adequate food or face sexual harassment, and all are forced to live with their employers in often poor and cramped conditions. Research in 2016 found one in six have been trafficked or experienced forced labour. Legal frameworks keep them on low incomes and locked in stagnant roles with few opportunities or, worse, with abusive employers.
Asylum-seekers and refugees fleeing persecution and violence face a hostile environment in Hong Kong, with sub-standard living conditions, health care barriers, employment restrictions, and a high risk of detention. The legal frameworks set the benchmark for asylum so high that many cases take years to be decided, and those few who have been recognised as in need of protection are still considered “illegal immigrants” until they are resettled to a third country – a process that can take many more years.
Many refugees will experience immigration detention during their time in Hong Kong where they face prolonged and sometimes indefinite confinement in poor, often prison-like conditions with no independent oversight. With limited access to support and legal advice, detainees are usually unable to challenge their incarceration.
Children in these migrant communities are equally marginalised. Many do not have full access to an adequate education. The children of migrant domestic workers are often separated from their parents due to visa restrictions and working conditions. Refugee children get limited health care and are even detained in facilities for juvenile offenders despite having committed no crime. With asylum-seekers banned from working, families with children often live in poverty for extended periods.
The pressure on member states to raise these issues is now more important than ever since the last four years has seen a significant shrinking of civil society. The climate of fear that the National Security Law has created has all but silenced an open press and restricted Hong Kong’s once-vibrant civil society. Media publications willing to report on human rights issues have been forced to close and those which still operate must self-censor. Some organisations advocating for marginalised groups have suspended engagement in policy and advocacy with the government, the UN and the international community. This was starkly demonstrated by the lack of submissions from Hong Kong-based civil society groups for the UPR.
The researchers reached out to Hong Kong-based organisations and individuals, but most were unwilling to share their knowledge and experiences, even anonymously, for fear of the consequences from the government and their donors. This is a stark contrast to the last UPR cycle when there was a vibrant and diverse community of groups.
The problem is compounded by the “patriots only” electoral reforms introduced in March 2021 which have given pro-Beijing politicians greater power and reduced the influence of opposition voices who could speak out against injustice.
If it is no longer possible for those in Hong Kong to stand up for migrant communities and other human rights issues in the city, then pressure needs to be put on member states to do so in their stead.
Piya Muqit is a human rights lawyer specialising in migration and child rights. She is the Director of CivicSight and is currently based in Southeast Asia.
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