New proposals in Macao violate the rights of migrant workers and make FDWs more vulnerable to abuses

22 July 2009

The Mission for Migrant Workers (MFMW), MIGRANTE – Macao and the Association of Indonesian Migrant Workers (ATKI) – Macao are gravely concerned with two pending bills in Macao that are set to further infringe on the rights of foreign domestic workers (FDWs). As well, these will further reinforce the unjust, unfair and untrue sentiment that migrant workers cause the loss of jobs of locals especially in these times of economic crisis.

Said bills include a proposal that forces FDWs who break their contract to leave Macao for six months before being allowed to work again for another employer and a proposal to impose levy on employers of all migrant workers. The bills are scheduled for final reading and approval on August 15.

As of May 2009 there were 13,760 FDWs in Macao with the majority coming from Indonesia and the Philippines. Among the 11,419 Filipinos in Macao, majority of them work in households as domestic workers.

It is hypocritical for the Macao government to declare that they want to create harmony among the different ethnic groups in Macao when, in truth, the proposals were made without consulting any representative from organizations of FDWs.

The first proposal was formulated by the government supposedly to prevent FDWs from looking for work in other job categories.

However, what the proposal will do is effectively take away the right of FDWs to constructive termination of contract if their employers violate the terms of their employment contract. As a consequence, FDWs will either be forced to bear any abuse and exploitative practice of their employers or they will just opt to abscond from their employers and become undocumented workers.

In a survey made by the MFMW and ATKI-Macao last year on Indonesian migrant workers, 70% of the domestic workers suffer from contract violations. These include salary deduction; confiscation of passports, blue card or employment contracts; no proper accommodation, etc. Additionally, 46% do not enjoy proper holiday and weekly rest days, and over 37% are made to work 12-16 hours per day even if the contract stipulates that they can only work for eight hours a day. It is also an open secret that many domestic workers who are stay-out are not provided with the required MOP500 room rental allowance.

Meanwhile, the other proposal of the government to impose a levy on all employers hiring foreign workers is regressive to say the least. The Macao government should learn from the lessons of Hong Kong that also implemented a similar type of levy but was later on forced to suspend the rule to ease the burden on employers especially now that employers who are also regular workers are impacted by the current crisis.

Like in Hong Kong, the levy can also be passed on to the migrant workers in the form of a wage cut. This will further aggravate the conditions of FDWs who are already suffering from overcharging of placement fees and illegal salary deduction. Many Indonesian domestic workers, for example, suffer salary deductions to pay for placement fees imposed on them by recruitment agencies. These range from MOP4,000 to more than MOP15,000 as the Macao government does not regulate the activities of recruitment agencies.

These proposals of the Macao government are extremely anti-migrant. Essentially, they promote xenophobia among the ranks of workers and divert them from the real causes of the financial and economic crisis gripping not only Macao but the whole world.

It has been the practice of labor-sending governments in times of crisis to lay the blame on foreign workers when unemployment shoots up and the local workers become restless. During periods of boom, the cheap labor of migrant workers are exploited to the hilt but when problem comes, foreign workers are also the first to go and the one of the first to suffer the brunt of the crisis.

It is very unfair to put the blame on foreign workers whereas the crisis erupted when the financial illusions and false dynamic of growth through financial speculation by big capitalists in industrialized countries could no longer be maintained. Neo-liberal globalization policies of liberalization, deregulation and privatization created the crisis and speeded up the economic decline worldwide.

Making migrant workers as scapegoats for the crisis has got to stop. Migrants are also victims of the crisis as much as the local workers.

Instead of coming up with such proposals, what the Macao government should do is institutionalize changes that will protect all the workers – migrants and locals – from the impacts of crisis. As well, governments of labor-sending countries like Philippines and Indonesia should exert efforts to help stop the passing of the bills that will impact many of their nationals.

All migrant workers of all nationalities and their advocates in Macao should oppose these proposals that will impinge on the rights of migrants and create racial intolerance in the territory. This we vow to pursue.#