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The treatment of refugees by SWD can lead to criminal acts

Mar 31st, 2015 | Crime, Food, Housing, Immigration, Legal, Welfare | Comment

Written by Christopher McNulty

It needs to be considered that the way in which Hong Kong’s Social Welfare Department (SWD) treats refugees can lead to refugees committing criminal acts. This will be explained by defining and discussing the criminological theories of opportunity and labelling and explaining how current SWD policies might lead refugees to commit criminal acts.

Opportunity theory can be defined as, “offenders having inadequate or inappropriate means or opportunities to achieve certain goals relative to other people in society” (White, 2014, p. 71). Considering refugees in Hong Kong using this theory, it can be argued that crime is generated by this type of treatment. For example, if refugees don’t have adequate means of living and opportunities to better themselves through education and work, there is a chance they will try to better themselves through ‘illegal’ activities such as work performed without authorization. As reported in the South China Morning Post, “asylum seekers awaiting the outcome of their claim with the Office of the United Nations High Commissioner for Refugees (UNHCR), recognised refugees awaiting resettlement to another country and torture claimants are banned from doing paid or unpaid work” (Chan, 2013).

Looking at this through opportunity theory, it can take years for refugees to be screened and possibly resettle in another country and, while waiting, they cannot work to better themselves and earn money for their family. Using this example there is a likelihood that if a refugee family needed money for rent, food, clothes or the children’s school and if the only way to achieve this was stealing or working illegally, they would have no choice but to commit criminal acts to meet what most people would agree are basic daily needs, in this case, unmet by the SWD.

Labelling theory can be described as society labelling an individual, which in turn can cause the individual becoming influenced by the label and acting out that labelled behaviour (Holmes, 2012, p. 250). It can be argued that refugees can be stigmatised due to the current system and laws in place. For example, refugees can be seen by the Hong Kong public as being dependant on the SWD and not searching for jobs, as they are not aware of the current government policies which prohibit them from working. This type of stigmatization can cause refugees to be always seen by the public as individuals who are content being dependant on welfare and not wanting to work. This can lead to refugees believing social change will never occur and becoming influenced by the label and turn to conducting criminal acts such as theft and working illegally.

In conclusion, as shown through the criminological perspectives of opportunity and labelling, the current policies of the HK SWD can cause refugees to commit criminal acts due to them not enjoying adequate support and being labelled by the general public as continuously dependant on welfare and not looking for employment. To create a stronger relationship between refugees and the government, refugee policy needs to change to minimise the potential of criminal acts being committed by refugees trying to meet rent payments, purchase essential foodstuffs and making ends meet. 

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The treatment of refugees by SWD can lead to criminal acts (Chris)

It is the system that is abusing refugees

Mar 30th, 2015 | Crime, Food, Housing, Personal Experiences | Comment

I jumped out of a back room window when the police came to my home to arrest me a second time. I had been detained, questioned and tortured before, but refused to stop campaigning at university against state violence and abuse of human rights. The voice inside me was too strong. I could not keep quiet about injustice and I paid dearly for it. I have been in exile in Hong Kong for 9 years.

Recently in Chung King Mansions a student asked me why refugees exploit the liberal visa regime and abuse the asylum system to work illegally (economic interest) and sometimes to sell drugs (criminal interest). What needs to be understood is how the system forces people into these directions by denying the right to work, failing to provide enough assistance and jailing refugees 15 months for working and 7 months for selling drugs. Isn’t this entrapment?

Refugees in Hong Kong are dehumanized, denied basic human rights, don’t get enough support to survive, no proper accommodation, not enough food … people in this kind of situation must find a way to survive and sometimes the easier way is the illegal one. It is not refugees who are abusing the system, but the system that is abusing refugees. Then the government conveniently brands refugees as deviant, as threats to society, when in fact refugees have no legal direction.

I was talking to a resident who agreed that refugees do not engage in serious crime, generally speaking. It is low level offences that hardly register with the public. True criminals don’t need this process, they have better, more lucrative and sophisticated ways to achieve bigger objectives. The crimes that vulnerable refugees commit are worth a few hundred dollars, or thousand at best. It is money we desperately need to pay rent, buy food, clothes and other necessities.

It is very important for people to understand this. Refugees are forced to commit crime. It is typically not their character. They did not come here to be criminals. For example I need money to pay rent. I moved into a windowless room in Mongkok the size of a single bed. I cannot keep a fridge inside and it cost 2000 HK$. I told my ISS-HK caseworker that he must pay the full amount because I cannot work. He refused saying that 1500$ was the maximum and I had to find the rest myself. Suffering these indignity day in and day inflicts a deep wound on our sense of identity.

When I analyze the problem, I realize that it is political and hard to explain people like the student. She thinks that most refugees are economic migrants as that is what she read. She has been exposed to government propaganda that protects vested interests and does not respect the rights of non-citizens. It is hard for people who didn’t suffer state violations to understand state protection failures.

When you meet somebody in Hong Kong within five minutes they ask, “What is your job?” They are appraising your net-worth, how much money you make. Socrates said that first you have to teach citizens values. Hong Kong should create worthy people, not just release them into a capitalistic battlefield where they fight against each other for a piece of the pie. Citizens should learn about social values and appreciated that every person is valuable, even refugees. That’s how I see it. 

It is the system that is abusing refugees

 

Hong Kong’s most vulnerable holed up in squalid slums

Mar 29th, 2015 | Food, Housing, Media, Welfare | Comment

Huffington Post - HK's most vulnerable holed up in squalid slums (29Mar2015)

A tearful farewell to Lucky

Mar 27th, 2015 | Housing, Personal Experiences, Refugee Community | Comment

“I knew Lucky from Sri Lanka. We played football together. He was an excellent player. Then our lives were destroyed by the war. After we fled to Hong Kong I cannot say that it was easy for him. Lucky was friends with everyone, but smiling doesn’t mean you don’t have HELL inside.” This poignant remark from an old friend captured the spirit of the funeral service for refugee Sivarajah Sivatharan.

Fu Shan Public Mortuary is nestled in the green hills of Tai Wai, a peaceful location grounded in nature and connected to eternity though the smoke that rises unworried to the sky every fifteen minutes. Almost a hundred friends joined Lucky’s brother Sivaharan, who flew in from the United Kingdom, to bid a sorrowful farewell to a refugee who found misery, not protection in our inhospitable city.

The ceremony was attended by NGO workers and priests who work closely with the community. The general discussion was that life remained miserable; those stranded here for over a decade lamented the lack of progress. A veteran refugee remarked, “Nothing has changed. It is years that I am waiting and nothing good happens. When I arrived my son was one year old. Now he is 12 and he refuses to talk to me on Skype because he doesn’t know me. It breaks my heart!

The Srilankan refugee community is quietly stoic and confidently brave. Everyone saw death in the face and overcame unspeakable horrors before seeking sanctuary in Hong Kong. The government understands it and the majority of substantiated torture claimants are Eelam Tamil, a minority ethnic group that suffered tremendously through a 26-year civil war and its fearful repercussions.  

Lucky’s mourners questioned the circumstances and the responsible those who for years approved his home in a dangerous tin shed: the fixer who rented huts on property he did not own (Land Dept source); ISS-HK who failed to safeguard Lucky’s wellbeing and entered problematic addresses in service agreements; SWD who turned a negligent blind eye to the slums until the fatality. The distraught grievers had nothing good to say about a welfare system that oppressed them.

The Refugee Union denounced those responsible in an earlier statement. “We condemn in the strongest terms possible the heinous act of allowing refugees live in squalid, hygienically unsafe and deadly trapping unauthorized structures … The death of our friend Lucky was as a result of impunity, negligence, malpractice and outright discrimination.” The Union is requesting a Corner’s Examination.

A Hindu priest presided over the cremation and guided Lucky’s composed brother through the rubrics of an ancient ceremony. Father Blaise subsequently intonated the Lord’s Prayer that was softly supplicated by mourners whose voices were drowned by sorrow. Finally, Sivaharan pressed a button and the coffin glided silently behind a purple curtain into consuming flames. Rest in Peace, Lucky!

A tearful farewell to brother Lucky

The rule of law versus the real law

Mar 25th, 2015 | Crime, Food, Housing, Immigration, Welfare | Comment

The rule of law vs the real law 1

The rule of law vs the real law 2

No solution in sight for refugee housing crisis constructed by SWD

Mar 25th, 2015 | Housing, VF Opinion, Welfare | Comment

“My home burned in the Tim Sum Tsuen fire. One month already I just sleep here and there. No one helps me to find a home. I really don’t know what to do. Actually there are many homes, but for $1500 where I can find one? When I try to ask ISS officer, they say only, “I will try to find room for you”. But when will they find it? Also one day a friend told me there was a home near the area of Tim Sum Tsuen. I was very happy, but it was too expensive at $4000. So I tried (to share with) two people, but ISS saying again, “You put $1000. You pay home balance yourself.” (The 2 person allowance is $3000). How I can pay? I have no work, no salary. Still I try to ask ISS, “OK you cut my food money by $500 and my friend’s too.” However again ISS officer said, “I can’t. So sorry,” and closed the phone.” (edited for clarity)

Vision First received this message from a refugee woman who lived in the slum with the rusty gate in Tim Sum Tsuen before it burned down in a blaze on 25 February 2015.

On 24 March 2015, the Refugee Union posted on Facebook rooms for 1900$, 2500$, 2700$ and 4000$, ranging from coffin-size with no window, to a one-bedroom suite. These are current market prices. Guesthouse rooms are no longer provided for homeless refugees, forcing many to share beds or sleep on the floor in the rooms of others. Contrary to what the authorities claim, very few rent subdivided rooms for 1500$ and such old contracts are probably coming to an end. What alternatives are there for refugees?

A new arrival slept on the sofa at Vision First for several months, “I want to get my own place, but the cheapest room is 1900$. How can I pay the 400$ difference every month? Will the government increase the rent allowance?” As a computer engineer he could get a job, but he is afraid of being arrested and being incarcerated for 15 months.

A couple from Sudan wrestled with the exorbitant prices of the cheapest flats for months, “ISS will only pay 3000$ and the smallest place we found was 3800$. I can get a medical certificate to raise my allowance to 2000$, but what about other refugees? Do they have to be sick to get more?”

Since refugees are destitute, the suggestion made by the Refugee Union to the Social Welfare Department is worth exploring: “We request the government, through its appointed officers in SWD, find suitable living locations for refugees and take part in the signing of rental agreements, creating a relationship between SWD and the landlord to ensure safe and practical living conditions are met.” Alternatively, Vision First advanced the proposal of a concerned volunteer who introduced the case for cheap temporary housing – “Refugee-led Settlements Project

The plight of the disposed tarnishes the reputation of Hong Kong that hoards a surplus of US$ 8.2 billion while its most vulnerable citizens suffer. From cage people to struggling elderly and street-sleepers, the administration has little compassion for the downtrodden. It’s a bleak existence for those eking out a living at the bottom of society and, without work rights, refugees are the hardest hit. A genuine humanitarian consideration is regrettably lacking.

No solution in sight for SWD’s constructed refugee housing crisis 

 

Tom Grundy & Coconuts visit the refugee slums

Mar 23rd, 2015 | Food, Housing, Media | Comment

Tom Grundy is an independent multimedia journalist with 11k followers on Twitter and 350,000 unique visitors to his website Hong Wrong.

Coconuts Media is a local city website network that harnesses social media and video to amplify coverage of urban areas in Asia. Currently they reach over 3 million monthly unique visitors on  Coconuts.co and average 20,000 to 30,000 views per video on their official Youtube partner channel Coconuts TV.

Vision First awaits their reports on what they witnessed on outreach with us in the refugee slums. 

Hong Kong asylum system is in a shambles

Mar 20th, 2015 | Food, Housing, Immigration, Legal, VF Opinion, Welfare | Comment

The Unified Screening Mechanism may as well be said to have failed in keeping up with its promise of protection, remarked a senior lawyer at a Vision First meeting this month. He was of the opinion that the administration mismanaged the process to such an extent that fair-minded observers would not consider it a success, if not for rejecting 99.9% of asylum claims.

The big picture is alarming. USM was expected to finally process claimants, whose numbers hovered around 5000 for years. But in 2014 the number doubled to 10,000, with new claims lodged at more than 300 per month. This surge surprised the administration that expects a considerable rise in screening costs, welfare assistance and the publicly funded legal scheme.

The backlog of claims is expected to increase further as refugees becomes familiar with the “Right to life claim” (BOR 2) which requires that asylum bids be also assessed on grounds relating to Article 2 of the Hong Kong Bill of Rights Ordinance, which is binding on the Immigration Department.

From documentation acquired by Vision First and freely available on the LegCo website, it seems that rather than reviewing an asylum system, that seems to neither protect nor uphold refugee rights, the administration is considering fast-tracking screenings, affecting legal safeguards. However, placing departmental expediency and completion targets ahead of obligatory “high standards of fairness” will pave the way for extensive judicial reviews, warned the HKBA.

If the administration’s approach to screening and determination is cause for alarm, the welfare side is of little consolation. It should be pointed out that hundreds, if not thousands of claimants have been in limbo for years without adequate welfare or employment rights. Such unfair treatment inflicted unjustified hardship on already vulnerable persons who hoped to find sanctuary in Hong Kong.

Instead of protection, refugees experience rejection through countless difficulties that hamper their daily existence. It takes months to obtain assistance, during which time new arrivals are often left hungry and homeless, fending for themselves in the streets. “We signed the contract with ISS but cannot find a place for 3000$. Without a room ISS only provide dried food like biscuits, instant noodles and canned food!” lamented an African couple who has slept on a sofa-bed at Vision First for several weeks.

The mismanagement of food rations continues despite refugees vociferously protesting for more than a year. There might be a widening rift between the SWD and ISS-HK that exposes a communication problem, to put it gently, relating to millions of dollars in food allowances that failed to reach the plates of destitute and hungry refugees. “Where is the remaining money” questioned Cable TV.

The 69 refugee slums exposed by Vision First are emblematic of the faltering asylum system. As a matter of fairness and humanity, it is reasonable to expect that the slums be wound down gradually without mass evictions that cause preventable homelessness. To the contrary, the same indifference to the wellbeing of refugees manifested in the establishment of slums, is blatantly obvious in their abrupt closure without offering basic, functional and safe accommodation.

A distraught refugee recently made homeless exclaimed, “I waited seven years for Immigration to [determine] my case. Still no answer. Now I have no place to stay and nowhere I can rent for 1500$. Hong Kong wants all refugees to go away! If we could go to another country we would leave … but how?”

IMG_9148 

 

 

 

An outsider’s perspective: Discriminatory treatment of refugees in Hong Kong

Mar 17th, 2015 | Housing, Immigration, Personal Experiences | Comment

Written by Christopher McNulty

Before coming to Hong Kong (HK) I tried to research the problems refugees and asylum seekers face in HK but was not able to find much documented on government websites. I was only really able to find media articles that had reported on HK refugees. When I arrived in HK the city is quite beautiful and lively with high rise buildings, restaurants on every corner and excellent public transport.

On my first day I attended the Vision First (VF) office. VF is a not for profit organisation trying to change the government’s ideology on how to deal with refugees locally. VF has well documented multiple cases of refugee housing that is well below humane standards and assists with human rights issues that occur to refugees in HK. An organisation which works with VF is called the Refugee Union (RU). The RU is a unified group of refugees fighting for a better quality of life for all refugees and their families.

On the same day I attended one of the fortnightly RU meetings. Refugees were discussing how they want to be able to work, have a good quality of life, and lastly, ensure their children are given every opportunity to succeed in life. The refugees explained that even after the government deems an individual as a legitimate refugee, they have to hand in their passport, they are not allowed to work, and will receive social welfare provided by the HK government. I did not believe what I was hearing. Asylum seekers escape their host countries due to the threat or fear of persecution and come to countries and regions such as HK to have a better life, only to find that there might not be great living conditions in HK. It is against the law to work in Hong Kong if you are a refugee (Chiu, 2012). Why wouldn’t the HK government want refugees to become permanent residence and contribute to the community instead of continuing the cycle of social welfare payments?

As the weeks went on I heard different stories of the reasons why refugees sought refuge in HK, from risk of persecution, to the risk of death in their country. A common theme seemed to emerged, that refugees saw HK was a great culturally diverse, rich destination that would be able to give refugees a second chance in life and a great place to raise their children while escaping persecution.

I think the most challenging part of my time in HK was visiting the slums where refugees were living in the New Territories. These houses (if they can be called that) are in no way liveable. Some huts are brick interior but then have metal sheeting to extend the living quarters. Other shacks are made entirely of wood and advertising boards. The images below show the primitive kitchen area where the occupants are trying to defrost a chicken and the toilet area nearby with wooden timber panels with no knobs utilised as a door. The lighting within the complex is portable lighting through visible wiring. The family had a baby boy and all I could think was how much this family would be trying to give every opportunity in life to their child and this is the living conditions they have to deal with.

An Outsider’s Perspective Refugee treatment in HK in comparison to Australia (1)

The next house I visited was the shack that had burnt down the week before. Looking at the structure of the housing around the refugee home that burnt down, they were bricked houses which had minimum damage from the flames. Residents lived there. Looking at the burnt pile of possessions, it was clear that the housing was primarily made up of metal sheeting which is weak and had no chance of withstanding the blaze.

It was so sad seeing refugee families’ possessions destroyed in a fire. As refugees don’t receive appliances and clothing through the government, they have to find these items by going through the garbage and from charities. This means this fire would have destroyed all these families’ items which are hard to replace.    

An Outsider’s Perspective Refugee treatment in HK in comparison to Australia (2)

During my last week in HK I attended another meeting of the RU. They had just received notification from the Social Welfare Department (SWD) that they have investigated the matters raised by the RU, and advised the system is working correctly and there is no need to change. After hearing the response from SWD, I honestly believe there is a major gap between what SWD believes is occurring compared to what is really happening. From the houses I saw they are not liveable and no place to raise a family. Again, during the meeting, I heard numerous refugees speak about how they want to work and contribute to HK. These are motivated people who want to work but are not being given the chance. There is a continuous cycle occurring of refugees in HK because as refugees continue to come to HK to escape persecution, they become dependent on social welfare. As refugees have children they become dependent on social welfare, and their children, and so on. If laws are not changed, refugees will always be dependent on the government if not allowed to work.

In Australia once an asylum seeker is deemed a legitimate refugee, they have the right to permanent residency, social welfare, and most importantly the right to work (Department of Human Services, 2014). This means, in Australia once the government has deemed an individual as a legitimate refugee, they are entitled to become Australian citizens, and they are entitled to social welfare, including public housing and schooling. And most importantly, they are entitled to work. In comparison to HK, there are many differences between how both HK and Australia deal with refugees.

In conclusion, my time in HK has been quite an eye opener. The problems with refugees can be seen as well hidden from the HK public, including the international public. In saying that, over the last few years as the media have reported more on the problems faced by asylum seekers, the public have become more aware. Hopefully as more media attention occurs in the future, this will hopefully influence the public to influence the HK government to rethink the way they approach refugee policy in HK.

Refugee-led Settlements Project

Mar 13th, 2015 | Housing, VF Opinion, Welfare | Comment

Refugee-led Settlements Project (1)
Refugee-led Settlements Project (2)

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