Abstract:
Although slavery has been abolished since the nineteenth century, and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) and the International Labour Organization Convention No. 189 on Decent Work for Domestic Workers (C189) protect the rights of migrant workers and domestic workers, modern-day slavery (MDS) still exists in the contemporary world. According to The Global Slavery Index (GSI) (2017), as of 2016, there are 45.8 million modern-day slaves in 167 countries across the globe, of which 29,500 reside in Hong Kong. In this dissertation, I argue that the abuse and exploitation experienced by foreign domestic helpers (FDHs) at the hands of the governments from sending and receiving countries, recruitment agencies (RAs) and/or employers in Hong Kong is a form of MDS. First, the Indonesian and the Philippines governments force their nationals to leave home and work abroad to solve the problem of unemployment and repay foreign debts. The Philippines government even forces their nationals to remit large remittances. Second, the HKG has implemented policies and laws to protect the rights of employers more than employees, including a live-in requirement, Minimum Allowable Wage (MAW), no fix work hours, “two-week rule”, and the right of abode. Third, RAs have turned FDHs into “commodities” and forced them to pay excessive fees. Fourth, some employers forced their FDHs to work overtime, are denied rest days, are underpaid, suffered from starvation, physical, psychological and/or sexual abuse. Moreover, I argue that to a certain extent, the services provided by pro-FDHs local non-profit organizations (NGOs) and charities empower FDHs and attempt to end MDS in Hong Kong. Help for Domestic Workers (HELP), Mission for Migrant Workers (MFMW), Bethune House Migrant Women’s Refuge (BHMWR), The Association Concerning Sexual Violence Against Women (ACSBAW) and the PathFinders provide free services including legal advice, counselling, medical services, sharing groups, trainings, activities to temporary shelters for FDHs. There is not only a rise in the usage of their services over time, but the ecological model, “distraction”, “sharing” and “support” strategies used in their program help to empower FDHs and attempt to end MDS. Unfortunately, these interventions fail to make changes at the macro societal level.
