Human trafficking in Hong Kong

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The Hong Kong Special Administrative Region (HKSAR) of the People's Republic of China is a destination and transit territory for men and women trafficked for the purposes of commercial sexual exploitation and forced labor.

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Hong Kong is primarily a transit point for illegal migrants, some of whom are subject to conditions of debt bondage, sexual exploitation, and forced labor. To a lesser extent, Hong Kong is a destination for women from the Chinese mainland and Southeast Asia who travel to Hong Kong voluntarily for legal employment in restaurants, bars, and hotels, but upon arrival are coerced into prostitution under conditions of debt bondage. Domestic and transnational criminal organizations carry out sex trafficking in China, including Hong Kong. [1] [2] Many mainland Chinese prostitutes in Hong Kong are reportedly sexually trafficked victims. [3] Although Hong Kong continues efforts to regulate the thousands of foreign domestic workers from the Philippines and Indonesia currently working in Hong Kong, there appears to be a growing number of Indonesian workers who are subject to exploitation and conditions of involuntary servitude. Many Indonesian domestic workers earning the minimum wage are required to repay to their Indonesian recruitment agency $2,700 within their first seven months of employment, amounting to roughly 90 percent of a worker's monthly salary. Such high levels of indebtedness assumed as part of the terms of employment can lead to situations of debt bondage, when unlawfully exploited by recruiters or employers. Additionally, the confiscation of passports by some Hong Kong employment agencies restricts the ability of migrant workers to leave their employer in cases of abuse, and places them under further control of their employment agency, leaving them vulnerable to trafficking. [4] One of the contributing factors to Hong Kong's inability to effectively address human trafficking is the government's reluctance to acknowledge the issue. [5]

The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the region in "Tier 2 Watchlist" in 2020. [6] In 2023 the US report noted that Hong Kong was at Tier 2, while China was one of eleven countries which were seen as having a documented government policy or pattern of human trafficking. [7]

As of mid-2024, China has not ratified the 2000 UN TIP Protocol. [8]

Sex trafficking

Sex trafficking in Hong Kong is an issue. Hongkonger and foreign women and girls are forced into prostitution in brothels, homes, and businesses in the city. [9] [10] [11] [12]

Prosecution (2008)

Hong Kong does not have specific anti-trafficking laws, but uses its Immigration Ordinance, the Crimes Ordinance, and other relevant laws to prohibit trafficking offenses. Labor trafficking is criminalized through the Employment Ordinance. Penalties for commercial sexual exploitation are commensurate with those for rape; however, penalties for trafficking are less stringent. During 2008, the Hong Kong government reported two trafficking convictions, and two other reports of trafficking for the purposes of prostitution with insufficient evidence to warrant prosecution. The convictions involved six Filipina victims who were told that they would work as Hong Kong club entertainers. Upon arrival in Hong Kong, they were forced into prostitution. The victims sought assistance from the Philippine Consulate, and the Hong Kong Police worked closely with the Philippine Government to investigate, prosecute, and convict two Filipina traffickers, who were sentenced to three years’ imprisonment. Hong Kong law stipulates that the commission a domestic worker recruitment agency deducts from a domestic worker's pay cannot exceed 10 percent of the first month's wages and prohibits agencies from charging additional fees or rewards. However, it is reported that this regulation is frequently subject to abuse. [4]

Protection (2008)

The government encourages victim participation in the investigation of traffickers, although in practice many are reluctant to do so. Women who agree to act as witnesses for the prosecution are granted immunity and allowed to return to their home country without being charged for illegal entry or breach of condition of stay. The Hong Kong Police has special units to provide protection for victims and witnesses. Given the low number of documented trafficking victims, Hong Kong authorities refer adult victims to existing social service programs at six government subsidized NGO shelters. Under the Protection of Children and Juveniles Ordinance, child victims of trafficking may be admitted to three refuge centers, one of which is operated by an NGO, with the other two operated by the Social Welfare Department. While at the shelters, victims are provided with government-sponsored assistance that includes financial and legal assistance and counseling and psychological support.

Prevention (2008)

To prevent trafficking among foreign domestic workers, the Labor Department continued to publish “guidebooks” in several languages that explain workers’ rights, the role of employment agencies, and services provided by the government. These guidebooks are handed out when workers apply for identity documents, and are distributed at strategic locations around the city, including the airport, district offices, consulates, offices of labor and migrant groups, post offices, and banks. Short “publicity messages” promoting the employment rights and benefits of foreign domestic workers are advertised in local newspapers (in various languages) and on television. The Immigration Department also delivered a talk for over 100 employment agencies of foreign domestic workers to discuss relevant provisions of the Immigration Ordinance and related offenses, as well as cautionary notes for arranging foreign domestic helper employment in Hong Kong. The Hong Kong government did not take any specific measures to reduce the demand for commercial sex acts during the year. [4]

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<span class="mw-page-title-main">Foreign domestic helpers in Hong Kong</span> Domestic helpers in Hong Kong from other countries

Foreign domestic helpers in Hong Kong are domestic workers employed by Hongkongers, typically families. Comprising five percent of Hong Kong's population, about 98.5% of them are women. In 2019, there were 400,000 foreign domestic helpers in the territory. Required by law to live in their employer's residence, they perform household tasks such as cooking, serving, cleaning, dishwashing and child care.

Sri Lanka is a source and destination country for men and women trafficked for the purposes of involuntary servitude and commercial sexual exploitation. Sri Lankan men and women migrate willingly to Kuwait, Jordan, Saudi Arabia, Qatar, Lebanon, the United Arab Emirates, Singapore, Hong Kong, Malaysia, and South Korea to work as construction workers, domestic servants, or garment factory workers. However, some find themselves in situations of involuntary servitude when faced with restrictions on movement, withholding of passports, threats, physical or sexual abuse, and debt bondage that is, in some instances, facilitated by large pre-departure fees imposed by recruitment agents. Children are trafficked internally for commercial sexual exploitation and, less frequently, for forced labor. The designated Foreign Terrorist Organization Liberation Tigers of Tamil Eelam (LTTE) continued to recruit, sometimes forcibly, children for use as soldiers in areas outside the Sri Lankan government’s control. Government security forces may also be complicit in letting a pro-government paramilitary organization recruit, sometimes forcibly, child soldiers. Reports also indicate that a small number of women from Thailand, China, Russia, and other countries of the Newly Independent States are trafficked into Sri Lanka for commercial sexual exploitation. In November 2007, over 100 Sri Lankan peacekeeping soldiers were repatriated based on accusations that they engaged in sexual misconduct, some cases involving minors, in Haiti. The Government of Sri Lanka does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. Sri Lanka is placed on Tier 2 Watch List for failing to provide evidence of increasing efforts to combat severe forms of trafficking in persons over the previous year, particularly in the area of law enforcement.

In 2008, Taiwan was primarily a destination for men, women, and children trafficked for the purposes of forced labor and sexual exploitation. It is also a source of women trafficked to Japan, Australia, the United Kingdom, and the United States. Women and girls from the People's Republic of China (P.R.C.) and Southeast Asian countries were trafficked to Taiwan through fraudulent marriages, deceptive employment offers, and illegal smuggling for sexual exploitation and forced labor. Many trafficking victims were workers from rural areas of Vietnam, Thailand, Indonesia, and the Philippines, employed through recruitment agencies and brokers to perform low skilled work in Taiwan’s construction, fishing, and manufacturing industries, or to work as domestic servants. Such workers were often charged high job placement and service fees, up to $14,000, resulting in substantial debt that labor brokers or employers use as a tool for involuntary servitude. Many foreign workers remained vulnerable to trafficking because legal protections, oversight by authorities and enforcement efforts were inadequate.

The United Arab Emirates is a destination country for men and women that are mostly trafficked for the purposes of labor and prostitution. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2017.

In 2008 Vietnam was primarily a source country for women and children trafficked for commercial sexual exploitation and forced labor. Women and children were trafficked to the People’s Republic of China (P.R.C), Cambodia, Thailand, the Republic of Korea, Malaysia, Taiwan, and Macau for sexual exploitation. Vietnamese women were trafficked to the P.R.C., Taiwan, and the Republic of Korea via fraudulent or misrepresented marriages for commercial exploitation or forced labor. Vietnam was also a source country for men and women who migrate willingly and legally for work in the construction, fishing, or manufacturing sectors in Malaysia, Taiwan, P.R.C., Thailand, and the Middle East but subsequently face conditions of forced labor or debt bondage. Vietnam was a destination country for Cambodian children trafficked to urban centers for forced labor or commercial sexual exploitation. The country had an internal trafficking problem with women and children from rural areas trafficked to urban centers for commercial sexual exploitation and forced labor. Vietnam was increasingly a destination for child sex tourism, with perpetrators from Japan, the Republic of Korea, the P.R.C., Taiwan, the UK, Australia, Europe, and the U.S. In 2007, an Australian non-governmental organization (NGO) uncovered 80 cases of commercial sexual exploitation of children by foreign tourists in the Sa Pa tourist area of Vietnam alone.

The Anti-Trafficking in Persons Act of 2003, officially designated as Republic Act No. 9208, is a consolidation of Senate Bill No. 2444 and House Bill No. 4432. It was enacted and passed by Congress of the Philippines' Senate of the Philippines and House of Representatives of the Philippines assembled on May 12, 2003, and signed into law by President Gloria Macapagal Arroyo on May 26, 2003. It institutes policies to eliminate and punish human trafficking, especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons. It aims "to promote human dignity, protect the people from any threat of violence and exploitation, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society."

In 2010, Human trafficking in India, although illegal under Indian law, remained a significant problem. People were frequently illegally trafficked through India for the purposes of commercial sexual exploitation and forced/bonded labour. Although no reliable study of forced and bonded labour was completed, NGOs estimated this problem affected 20 to 65 million Indians. Men, women and children were trafficked in India for diverse reasons. Women and girls were trafficked within the country for the purposes of commercial sexual exploitation and forced marriage, especially in those areas where the sex ratio is highly skewed in favour of men. Men and boys were trafficked for the purposes of labour, and may be sexually exploited by traffickers to serve as gigolos, massage experts, escorts, etc. A significant portion of children are subjected to forced labour as factory workers, domestic servants, beggars, and agriculture workers, and have been used as armed combatants by some terrorist and insurgent groups.

Indonesia is a source, transit, and destination country for women, children, and men trafficked for the purposes of commercial sexual exploitation and forced labor. The greatest threat of trafficking facing Indonesian men and women is that posed by conditions of forced labor and debt bondage in more developed Asian countries and the Middle East.

Afghanistan is one of the source, transit, and destination country for men, women, and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution. Trafficking within Afghanistan is more prevalent than transnational trafficking, and the majority of victims are children. In 2005 the Afghan Independent Human Rights Commission (AIHRC) reported 150 child trafficking cases to other states. Afghan boys and girls are trafficked within the country and into Iran, Pakistan and India as well as Persian gulf Arab states, where they live as slaves and are forced to prostitution and forced labor in brick kilns, carpet-making factories, and domestic service. In some cases the boys and girls were used for organ trafficking. Forced begging is a growing problem in Afghanistan; Mafia groups organize professional begging rings. Afghan boys are subjected to forced prostitution and forced labor in the drug smuggling industry in Pakistan and Iran. Afghan women and girls are subjected to forced prostitution, arranged and forced marriages—including those in which husbands force their wives into prostitution—and involuntary domestic servitude in Pakistan and Iran, and possibly India. Non-governmental organizations (NGOs) report that over the past year, increasing numbers of boys were trafficked internally. Some families knowingly sell their children for forced prostitution, including for bacha bazi - a practice combining sexual slavery and child prostitution, through which wealthy men use harems of young boys for social and sexual entertainment. Other families send their children with brokers to gain employment. Many of these children end up in forced labor, particularly in Pakistani carpet factories. NGOs indicate that families sometimes make cost-benefit analyses regarding how much debt they can incur based on their tradable family members.

Sex trafficking in Thailand is human trafficking for the purpose of sexual exploitation and slavery that occurs in the Kingdom of Thailand. Thailand is a country of origin, destination, and transit for sex trafficking. The sexual exploitation of children in Thailand is a problem. In Thailand, close to 40,000 children under the age of 16 are believed to be in the sex trade, working in clubs, bars, and brothels.

Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh's trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. It also includes the trafficking of children – both boys and girls – within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked.

<span class="mw-page-title-main">Human trafficking in Papua New Guinea</span>

In 2009, Papua New Guinea was a source, destination, and transit country for men, women, and children subjected to trafficking in persons, specifically forced prostitution and forced labor. Women and children were subjected to commercial sexual exploitation and involuntary domestic servitude; trafficked men were forced to provide labor in logging and mining camps. Children, especially young girls from tribal areas, were most vulnerable to being pushed into commercial sexual exploitation or forced labor by members of their immediate family or tribe. Families traditionally sold girls into forced marriages to settle their debts, leaving them vulnerable to involuntary domestic servitude, and tribal leaders trade the exploitative labor and service of girls and women for guns and political advantage. Young girls sold into marriage were often forced into domestic servitude for the husband's extended family. In more urban areas, some children from poorer families were prostituted by their parents or sold to brothels. Migrant women and teenage girls from Malaysia, Thailand, China, and the Philippines were subjected to forced prostitution, and men from China were transported to the country for forced labor.

Iraq ratified the 2000 UN TIP Protocol in February 2009.

Malaysia ratified the 2000 UN TIP Protocol in February 2009.

Human trafficking in Brazil is an ongoing problem. Brazil is a source country for men, women, girls, and boys subjected to human trafficking, specifically forced prostitution within the country and abroad, as well as a source country for men and boys in forced labor within the country. The United States Department of Homeland Security, describes human trafficking as "the use of force, fraud, or coercion to obtain some type of labor or commercial sex act."

In 2009 Brunei was a destination, and to a lesser extent, a source and transit country for men and women who were subjected to trafficking in persons, specifically forced labor and forced prostitution. Men and women from Indonesia, Malaysia, the Philippines, Pakistan, India, Bangladesh, China, and Thailand migrated to Brunei for domestic or other low-skilled labor but sometimes faced conditions of involuntary servitude upon arrival. There were over 88,000 migrant workers in Brunei, some of whom faced debt bondage, non-payment of wages, passport confiscation, confinement to the home, and contract switching - factors that may contribute to trafficking. There were credible reports of nationals from South Asian countries subjected to nonpayment of wages and debt bondage in Brunei for up to two years to pay back foreign recruitment agents. Some of the 25,000 female domestic workers in Brunei were required to work exceptionally long hours without being granted a day for rest, creating an environment consistent with involuntary servitude. There are reports of women forced into prostitution in Brunei, and reports that women arrested for prostitution attest to having been victims of trafficking. Brunei is a transit country for trafficking victims in Malaysia, including Filipinas, who are brought to Brunei for work permit re-authorization before being returned to Malaysia.

<span class="mw-page-title-main">Human trafficking in Southeast Asia</span>

Human trafficking in Southeast Asia has long been a problem for the area and is still prevalent today. It has been observed that as economies continue to grow, the demand for labor is at an all-time high in the industrial sector and the sex tourism sector. A mix of impoverished individuals and the desire for more wealth creates an environment for human traffickers to benefit in the Southeast Asia region. Many nations within the region have taken preventive measures to end human trafficking within their borders and punish traffickers operating there.

Sex trafficking in China is human trafficking for the purpose of sexual exploitation and slavery that occurs in the People's Republic of China. It is a country of origin, destination, and transit for sexually trafficked persons.

<span class="mw-page-title-main">Sex trafficking in Hong Kong</span>

Sex trafficking in Hong Kong is human trafficking for the purpose of sexual exploitation and slavery that occurs in Hong Kong. Hong Kong is a city of origin, destination, and transit for sexually trafficked persons.

References

  1. ↑ "Vietnam's Human Trafficking Problem Is Too Big to Ignore". The Diplomat. 8 November 2019.
  2. ↑ "2018 Trafficking in Persons Report: China". United States Department of State.
  3. ↑ "Human trafficking in Hong Kong: hidden in plain sight". South China Morning Post Magazine. 16 January 2016.
  4. 1 2 3 Department Of State. The Office of Electronic Information, Bureau of Public Affairs (10 June 2008). "Country Narratives - Countries H through R". US Department of State. Retrieved 1 January 2023.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  5. ↑ "Why Beijing Fails to Fight Human Trafficking". Council on Foreign Relations. Retrieved 26 August 2023.
  6. ↑ "Trafficking in Persons Report 2020" (PDF). www.state.gov. Archived (PDF) from the original on 4 July 2020. Retrieved 7 July 2020.
  7. ↑ US Government website, Trafficking in Persons Report 2023
  8. ↑ United Nations Treaty Collection website, Chapter XVIII Penal Matters section, Section 12a, retrieved August 19, 2024
  9. ↑ "New ways to help Hong Kong's human trafficking victims". CN Monitor. 22 October 2015.
  10. ↑ "Human trafficking in Hong Kong: hidden in plain sight". South China Morning Post. 16 January 2016.
  11. ↑ "Fed up with human trafficking, Hong Kong migrant workers hold vigil demanding justice". South China Morning Post. 25 February 2018.
  12. ↑ "Hong Kong must lead the fight against human trafficking, rather than just do the bare minimum". South China Morning Post. 8 July 2016.
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