The heading of the South China Morning Post article “Hong Kong’s bogus asylum claim industry exposed: The black-market labour racket and the middlemen making millions” paints a terribly misleading picture that the vast majority of asylum seekers in Hong Kong are primarily motivated to work and make money.
Indian economic migrants are a very small minority
In fact the story that follows mainly discusses a very recent trend of some Indian nationals seeking asylum in Hong Kong, via the assistance of middlemen, who were induced under false pretenses to travel here with promises of employment. This relatively minor sub-group of migrants do not represent the majority of asylum-seekers who have sought refuge in Hong Kong.
While it is true that asylum is sometimes packaged with travel arrangements in India, and in many other countries for that matter, this is hardly a new situation, but one known to experts for over a decade. So why is it today firmly in the crosshairs of government officials?
The Hong Kong Government again attempts to shift blame away from its own failings
Apparently the authorities are outraged by the blatant exploitation of shortcomings and delays in the USM system which consequently allow claimants to extend stays and work illegally. While work might be the main objective for a minority of claimants, the hard question is: Who is responsible for establishing an asylum process that twice in 20 years was deemed unlawful and today still presents shortcomings that are reasonably exploited? Should the captain blame the water for entering a leaky boat?
The Hong Kong courts have repeatedly caught out the Hong Kong Government for its intentionally designed illegal, or vastly incomplete, screening mechanisms. The Court of Final Appeal has been compelled to hold the Hong Kong Government accountable for its refusal to recognise asylum seekers’ fundamental rights to protection under the Hong Kong Bill of Rights, the ICCPR and under article 33 of the Refugee Convention. The Hong Kong Government took an adversarial approach to human rights that caused the majority of delays in the screening of thousands of refugees. One must not forget that the government itself has been recalcitrant. To date the Hong Kong Government has failed to apologise for its obstinate stance that has caused so many asylum seekers to suffer in limbo in Hong Kong, many for over a decade.
The actual reality of asylum seekers circumstances
Looking at the big picture, the actual data must be considered critically: 197 of 10,600 refugees arrested for working (1.86%) is hardly indicative of a crime wave, considering that 100% of asylum-seekers live below the poverty line without employment rights. It is no mystery that welfare is structured with a deterrence objective to discourage claimants from remaining here. In this context, it is doubtful that any refugee makes ends meet without raising funds somehow, as NGOs are certainly not bridging the gaps and have neither the capacity, nor mandate to do so.
Less than 200 arrests this year for working illegally strongly suggests something other than abuse is at play here. Perhaps law enforcement is slacking, or more likely the Security Bureau has greater priorities, which are not reflected in PR-driven announcement of joint operations that raid small restaurants, recycling yards, or flats under construction. On the one hand, a heavy immigration hand cannot fix the incandescent social-political problems caused by the failed asylum/welfare system. On the other, a heavy hand and strong PR have the effect of mobilizing public opinion against vulnerable asylum seekers. This is a shameful and irrational attempt to marginalise and demonise innocent and highly vulnerable men, women and children.
Local businesses are unable to convince residents to take up labour intensive jobs
Hong Kong suffers a severe labour shortage, affecting small businesses in particular, which generates a considerable demand for illegal workers. Jailing refugees who fill this labour vacuum might produce sensational news photos, but were the ban on refugee work stringently applied, grave consequences would be suffered by local employers.
Is demonizing refugees an expedient ploy to overshadow the fact that the Hong Kong Government does not hold the moral ground, as it formulated an asylum/welfare system that must be infringed to survive? Arrests only serve to push refugees further underground into the dark, unsanitary and dangerous workplaces where their visibility is reduced as much as their wages. If you stop to think about it, who are the demons?
Now a word in defense of Indian refugees. First, there is nothing newsworthy about the percentage they represent that is unchanged since June 2012, according to this press release. Second, Human Rights Watch reported that, “Members of India’s security forces continue to enjoy impunity for serious human rights violations.” Third, it is risible that consular authorities assure India is free of religious, sectarian or political persecution. You may also believe that China does not persecute human rights lawyers, as it recently assured the United Nations Committee on Torture.
Vision First reiterates that citizens from any country may seek asylum in Hong Kong and their claims must be approached on the premise that they are genuine, unless and until it is proven that they cannot be substantiated by the claimants. Meanwhile, economic needs are among the reasonable expectations of destitute refugees let down en masse by Hong Kong Government, despite assurances to the contrary.
On 17 November 2015, at a hearing of the United Nations Committee against Torture in Geneva, Hong Kong Government’s permanent Secretary for Security put on record the impeccably crafted Unified Screening Mechanism (USM) with assurances that “this mechanism has exceeded what is required under Article 3 of the Convention (against Torture).”
Mr. Law stated eloquently that Hong Kong “has always strived to protect human rights and fulfill the requirements and commitments under the Convention against Torture … and other international human rights instruments that are applicable to the HKSAR”.
Mr. Law showcased the comprehensive services offered by Hong Kong Government, including: “… accommodation, food, clothing, other basic necessities, transportation and utilities allowances, medical services and education for minors … rental deposits and property agent fees”. Further he added that: “In 2015 we introduced food coupons in lieu of the provision of in-kind food assistance”.
The report paints an attractive picture hard to fault from the distant Swiss mountains. Let us summarize the extensive arrangements provided free-of-charge to (lucky?) refugees in Hong Kong:
- Human rights? … Yes
- Publicly funded legal assistance? … Yes
- Interpretation services? … Yes
- Independent appeal mechanism? … Yes
- Training of all decision-makers? … Yes
- Accommodation? … Yes
- Rental deposits? … Yes
- Property agent fees? … Yes
- Food coupons? … Yes
- Clothing? … Yes
- Transportation? … Yes
- Utilities allowance? … Yes
- Medical services? … Yes
- Education for minors? … Yes
The devil however is in the detail. The range of the above 14 services masks structural failures that the authorities are plainly uninterested to address. The complexity of the USM comes at the expense of protection and the variety of humanitarian assistance sacrifices tangible welfare, as in reality hardly a service meets the basic needs of refugees.
The faults of the system are well known to attentive readers and not worth repeating to those who are indifferent, apathetic or unconcerned that Hong Kong Government fails to meet its constitutional duties towards the refugee community. Vision First is alarmed that the policies and behaviour of the government are not consistent with its promise to safeguard refugee rights and ensure their wellbeing.
Facts speak for themselves: 37 claims were substantiated since 1992 among over 18,000 bids for asylum; public lawyers and appeal board appear comfortable with the acceptance rate; refugee slums were systematically erected in animal farms financed by tax-dollars; rental deposits and property agent fees were introduce to address such illegality; refugee protested for 200 days before problematic food rations were reluctantly replaced by food coupons. The list goes on …
How many medical prescriptions issued to refugees include Panadol? How many refugees received clothing and shoes or pots and pans from the government? How much do refugees spend to top up insufficient rent and utilities? How much food, clothing daily necessities do refugees buy without being allowed to work? How many education and medical costs are refugees forced to pay with cash they cannot earn? The questions are endless …
Vision First appraises inconsistencies of this magnitude as unjust, hypocritical and shameful for an international city that wishes to be perceived as fair, sophisticated and respectful of human rights and the dignity of every man, woman and child who lives here – which is integral to our humanity.
I am an African refugee who has been stuck in Hong Kong for 10 years. I am saddened by the articles I read about crimes committed by refugees. I am sad for the reporters who write these reports without checking the background. What about welfare that pays half our living costs? What about jailing us for working without proper permits? Should we beg in the streets with our children?
Some refugees are helped by NGOs, churches and benefactors, but frankly most don’t get a single charitable cent. The opposite is happening in Europe and it should put pressure on Hong Kong Government. Germany, France, Spain, Italy, Norway, Sweden and the UK are welcoming and supporting more refugees than ever before. Even Switzerland that was considered unwelcoming, is issuing more protection visas this year.
First of all, refugees are also human beings. Whatever situation we are escaping – and I won’t judge others – we are not talking about some animals, but people like you. Today we need international help, tomorrow it could be you. Readers should remember that refugees are not dangerous per se, but governments put refugees in dangerous situations.
Besides, it is not only refugees who act badly, but also local people. The French were saying that more Frenchmen are gangsters than refugees. Don’t say that because one refugees is a criminal than all refugees are criminal. The world news network is focusing on refugees. People cannot pretend that nothing is happening. Now is a good time to join our voices to raise awareness.
It’s disappointing that Hong Kong repeats the tired and empty excuse: “We are a very small place, we cannot take refugees”. That has been a pretext for 20 years of doing next to nothing to protect refugees in a city that has a negative growth rate and has hardly seen its population grow. What difference would welcoming 10, 20 or 100 refugees a year make to a population of 7 million?
The fact is Hong Kong has accepted 37 refugees out of about 20,000 asylum seekers since 1992 – that is less than 2 a year! The government is showing that they have the money to give us food, but they don’t want to give us protection and freedom. They don’t want to free our mind. If you give a man food, but you are not giving him a future, you are not helping, but destroying him. Until when are you going to feed him?
In Hong Kong there are human rights organization that know how refugees are abused. They should be saying something about the injustice. They should challenge the government to receive refugees. Greece asked for help. Italy asked for help. They admit they cannot handle the crisis. Can’t Hong Kong admit that they have a problem and ask for help? The little boy died and the world cried, but how many refugees are dying in Hong Kong of maltreatment and nobody is saying anything?
What makes a man a man is not food. What makes a man feel the freedom of being a human being on Earth is to express himself in many ways. They say that refugees are “coming to take”, but that is the fearful reaction of bigots who don’t want to think deeply. Nobody is coming to take aid from anyone.
The truth is that refugees can make the economic cake bigger, so that everyone can have more. Germany realizes that many citizens are becoming old and soon will not be productive. They understand that welcoming young and hardworking refugees will grow the economy and then increase taxes to make the country stronger. They are planning smartly for the future.
Hong Kong thinks that they are preserving the jobs of locals. They do not understand that refugees will generate more business, trade and employment for everyone. Hong Kong says “We are already big”, but other countries want to grow and prosper, they do not stop and say we are big enough. Maybe in 20 years they will understand that HK citizens don’t want to have babies, they just want to enjoy.
This is exactly what is happening in Japan that is suffering an old-age crisis. Japan is giving visa to Africans to come to work. There are more elders there than workers and they need to welcome others to help. The Japanese don’t want menial jobs, they want nice jobs, so they are making robots and accepting others for manpower and growth.
The truth is that there is a cultural selfishness in Hong Kong that blocks it from welcoming others. If they wanted to help, they could. If they wanted to change policies, they could. If they wanted to sign the Refugee Convention, they could. If they want to give us proper welfare, they could. We were homeless before we protested and got rental assistance. We were hungry before we protested and got food rations. We protested a rotten system and got food coupons. We were living in slums before we protested and got deposits and agency fees paid. Were these problems impossible to foresee and solutions hard to provide?
Hong Kong needs to help vulnerable people without focusing on economics, skin colour or country of origin. We should help human beings on Earth, not just those offering obvious economic benefits. This ought to be elementary for people to understand. The only way for others to recognize that you are strong is demonstrating it through action.
If Hong Kong people feel that they are so rich and strong, there is no need to be afraid to give the right to work to asylum seeker. I think this will make them stronger in the future. We need to look further than the now. Refugees will not take your jobs. Refugees will expand the economy, create employment, make a stronger generation and bring diversity and resilience to Hong Kong
I left my country in Africa. I was working in China when great danger started and I could not return home. I became a refugee sur place. I came to Hong Kong in January 2014, when I entered with a two-week visa. I sought asylum when my permit expired. It was very hard.
I struggle for everything alone and without knowing the system. I went to NGOs to get help. I followed Vision First and they helped me a lot. It is important to assist others and I have always helped fellow refugees when I had the opportunity, knowing how lost we feel at the start of the asylum process.
It is very difficult for refugees to survive in Hong Kong because we cannot work. The assistance we receive in rent and food is far from enough. The rooms where we live are in very poor condition. The government is not doing its part to assist refugees who look for a safe place in this city.
I am one of the lucky ones and this is my story. Two months ago I left Hong Kong and returned a few days later, the second time in less than two years. At the Immigration counter I presented a Dependent Visa and was allowed one year stay with the right to work!
What a huge difference it makes! The first time I arrived, the future was very dark and I didn’t know what would happen. Now I am smiling with great joy and hope as Hong Kong welcomes me. Work, honest and legal work, is what all refugees need to survive and keep their mental sanity.
The difference is that a year ago I married my lovely Chinese wife and recently our application for a dependent visa was approved. The visa allowed me to change my status from “USM claimant” (= unwelcome) to “Dependent Visa” (=welcome). Honestly, I realize how lucky I was that my destiny was marked by remarkable events that changed the course of life.
On 13 March 2014, two months after I first arrived, I heard that refugees were fighting for their rights through a public demonstration at the Government House, in Central. I joined with great expectation as it was my first demonstration. I realized that refugees were not treated fairly during the processing time of our claims. I learnt that some refugees were waiting over 10 years for a decision by Immigration.
I was proud to march in the front line. I was not scared. I remember that a journalist asked me, “Why you are not scared? Why don’t you cover your face?” I answered, “Why should I be scared? These are my rights and I need to fight for them!” If things are wrong and must be changed, people must stand up and fight for the change they want. In life you cannot hide to be counted.
I have always felt very strongly about human rights. People are oppressed all over the world and also here in Hong Kong, where society does not allow some social groups to live with dignity – among these are my refugee brothers and sisters. For this reason I now promote and supported the Refugee Union, and encourage its members to be strong and united. Despite finally getting legal status, I can’t forget my experiences and hope that our struggle will be successful.
I wish to thank those people who supported and encouraged me from the beginning. I have always trusted my fate that life would work out well, but without my friends’ support it would not have been possible. Hong Kong people are wonderful people. We might disagree about the government and its policies, but many ordinary people I met treat me like a friend and some like family.
Finally I wish to thank my wonderful wife for her trust, love and support that changed my life. My two years in Hong Kong have been unique, from the depths of depression when I lost my future, to the love and joy with my new family. I look forward to landing on my feet and offering support to other refugees struggling on this journey. I love to help people and believe God helps those who help others.