Dessy Sagita | March 27, 2013
Migrant Care activists and sympathizers protested last year on International Migrant Workers Day, Dec. 18. A leading pro-migrant worker rights activist has slammed Hong Kong’s top court decision to reject the final appeal of a foreign maid, who challenged the denial of her application for permanent residency. (JG Photo)
Migrant Care activists and sympathizers protested last year on International Migrant Workers Day, Dec. 18. A leading pro-migrant worker rights activist has slammed Hong Kong’s top court decision to reject the final appeal of a foreign maid, who challenged the denial of her application for permanent residency. (JG Photo)
A pro-migrant worker rights activist has slammed Hong Kong’s top court decision to reject the final appeal of a foreign maid, who challenged the denial of her application for permanent residency.
“This is definitely a step back because prior to this case Hong Kong was known as one of a few countries that had policies to protect migrant workers, Hong Kong used to be a role model in term of migrant workers protection,” Anis Hidayah, the executive director of Migrant Care told the Jakarta Globe on Wednesday.
On Monday, Hong Kong's top court rejected a challenge to the right of abode law in a long-running case that could pave the way for thousands of foreign maids to claim residency in the city.
The challenge was filed by Filipino maid Evangeline Banao Vallejos, who won a High Court ruling in 2011 granting her the right to request permanent residency status.
The ruling, which was denied to foreign maids before 2011, allowed migrant workers to apply for permanent residency after living in the Chinese city for at least seven years.
Vallejos's victory was challenged by the government who filed an appeal to the ruling.
“Denying permanent residency for domestic workers is discriminatory, it's like saying domestic workers are not as good as people who work in the formal sector,” Anis said.
Anis also criticized the Indonesian government, claiming that they failed to support Indonesian workers' fights to apply for permanent residency in Hong Kong. She said the government had never acknowledged the migrant workers' plight through their union.
"The government has barely recognized Indonesian migrant workers union's existence, I highly doubt they would make an approach to Hong Kong's government to overturn the ruling," she said.
Anis denied that a large number of Indonesian workers would file for permanent residency had the ruling won.
“I believe our workers will not be swayed that easily, but applying for permanent residency is a right and they domestic workers should not be denied their rights just because of their profession,” she said.
In 2010, the Ministry of Manpower and Transmigration reported that there were about 141,000 Indonesian domestic workers in Hong Kong, with man of them deciding to reside outside the city after their contract expired.
The court also rejected a government request to seek China’s guidance on the city’s constitution regarding residence rights, which could have affected the status of Hong Kong-born children of mainland Chinese parents.