8 May 2011
Statement of the Mission For Migrant Workers (MFMW)
mission@migrants.net

If we did not resist the then proposed Migrants’ Bill in 2009, the situation of non-resident workers in Macau would be worse than today. Yet despite our gains in the past, the Macau government continues to maintain some anti-migrant policies and continues to churn out new ones including practices that are detrimental to the interests of the migrant workers.

We must continue to strengthen our own ranks and get the support of advocates in and out of Macau if we want to resist these in a more effective manner including uniting with the local working people on common issues.

Again let us look back and reflect on our gains in the past.

The formation of the Macau Migrants Rights Network which includes advocates and migrant mass organizations, which launched a series of activities against the then proposed Migrants Bill resulted in the following gains:

1. Scrapping of the MOP250 penalty imposed to migrants accosted by the police
2. Employers of domestic workers are exempted from the monthly MOP200 levy

Other than these, the number of those banned for 6 months has gone down. The Director of the Labour Affairs Bureau Shuen Ka Hung was quoted as saying that foreign domestic workers could be exempted from this anti-migrant provision depending on what will happen in June during the International Labour Organization’s drafting of a Convention on Domestic Work as Work. Despite the proposed convention, the Labour Affairs Bureau still maintains this discriminatory provision in its Migrants Bill.

At the same time the Macau government has maintained, made worse and added new anti-migrant policies and practices in the territory. These include the following:

1. The 10 Day Rule

In effect makes legitimate non-resident workers become undocumented and penalized for it for MOP200 a day. Because when the employer requests the Immigration Department (ID) to cut the visa of his/her employee for whatever reason the employee’s status becomes such as the one above. There is no due process for non-resident workers regarding this matter.

2. Exorbitant charging of placement fees

Under the law on labour agency (32/94/M) it stipulates in provision 17 that an agency can charge a one-time pre-agreed fee 60 days after the worker started work. Because of this, Indonesian domestic workers pay up to 10 months of their wage to recruitment agencies in the territory and those of other nationalities are also exorbitantly charged of such fees to such entities. This in essence, is equivalent to debt bondage and human trafficking of labor.

3. Harassment of non-resident workers by police officers on their days off

On March 5, 50 non-resident workers of different nationalities were arrested by police officers in San Malo. Police officers did not show any warrants on those they had arrested.

Other than that, other non-resident workers like in Sam Jian Dang are consistently being harassed by police officers, some of whom bring along dogs with them. There are also issues where both non-resident and local workers could unite.

1. Statutory Minimum Wage

Under the framework law on labour relations (4/98/M) the government should make sure the workers enjoyed a minimum wage, and the level of the wage should be revised from time to time (provision 7-c). This has never been implemented.

2. Workers in Macau can only form associations as unions are not allowed.

But in order to resist these successfully we must strengthen our own ranks. Migrant organizations of different nationalities should expand their memberships and consolidate their ranks. They should develop better alliances among their compatriots as well as many migrant nationalities in the territory.

The Macau Migrants Rights Network (MMRN) should also be expanded with more advocates coming from local institutions, service-providers, local unions, churches and church programs, civic groups and individual supporters. The MMRN should be able to increase awareness of migrant issues and concerns in Macau society and generate positive public opinion and support from them. From many creative activities, it can draw in progressive and pro-worker, pro-migrant and justice-loving peoples of Macau to its network.

Migrant organizations together with local workers groups and advocates should also work together for a review of the Labor Relations Law to further improve the conditions of all working people in Macau. At the same time it should also expose anti-migrant provisions in the Law for the Employment of non-resident workers.

Other than these, anti-migrant policies of the Macau government should be assessed by the standards set forth by international bodies like the International Labor Organization (ILO) and the United Nations’ migrants, women, and racial discrimination bodies. Dialogues and cooperation with local workers and other groups should be held especially on issues that can unite us.

We should not let ourselves fall into the trap of blaming one group of workers with another because we ourselves are not the cause of the economic crisis besetting Macau and the countries that we come from. The crisis is mainly due to neoliberal policies in place in the world today. It preaches the wrong notion that high wages of the working people and social services provided by governments are its causes. On the contrary labor flexibility measures and privatization of state owned enterprises are prescribed which exacerbate the already pitiful conditions of workers in the world today. We need our voices to be heard as one.

Scrap the 6 months Ban!

Scrap the 10 day rule and make it automatic for non-resident workers to have the right to stay to pursue their labor and other claims as well as find work!

Stipulate a law putting a cap on the payment of placement fees!

Stop police harassment on non-resident workers!

Oppose discriminatory and racist migrant policies!

Uphold the Rights and Welfare of all Migrant and