Mandatory vaccination discriminatory and illegal rights workers say

Mandatory vaccination discriminatory and illegal rights workers say
Migrant workers formed a long queue at a community testing centre in Ma On Shan on May 2.

HONG KONG (SE): The Hong Kong government’s plan to require foreign domestic workers to be vaccinated against Covid-19 before entering into a new contract met with the strong opposition of the migrant rights workers who called it discriminatory, medically unethical and illegal. 

 “Are other workers’ processing of work visas also mandated to have Covid-19 vaccine to process their contract? Or our local workers in retirement homes or childcare mandated to have the vaccine to continue their employment? Again, we are being singled out and targeted for one case that they have not yet had time to trace the sources of the infection,” Sringatin, spokesperson of the Asian Migrants’ Coordinating Body (AMCB), said. 

The government announced its mandatory vaccination proposal on the evening of April 30 while at the same time requiring all foreign domestic workers to undergo compulsory testing before May 9, one day after a 39-year-old domestic worker working in Tung Chung was confirmed to be the first untraceable case of a mutated strain contracted locally.

Philippine consul general, Raly Tejada, told the South China Morning Post on May 1 that Hong Kong should not force the some 370,000 migrant domestic workers to get vaccinated, arguing that if the new measure applied to them, then all non-resident foreign workers should be made to follow suit. Philippine Foreign Affairs secretary Teodoro Locsin later supported his view, saying on Twitter that the move was discriminatory.

Concerning the compulsory testing of all foreign domestic workers within eight days, he said the government lacked the evidence for the measure and also expressed concern about the possibility of false positive results that may arise from such a massive amount testing within a short period of time

During an online press conference organised by the AMCB on May 1, International Labour Day, Fernando Cheung Chiu-hung, former legislator and vice-chairperson of the Labour Party, said the compulsory vaccination measure is medically unethical. 

“Vaccination is an invasive measure. Even the medical professionals do not and are not allowed to conduct invasive medical procedures on anyone in Hong Kong without consent. Being mandatory is opposite to voluntary. It is not that the person will be entirely willing, or want to have the vaccination. It is mandatory unless you do not want the job… This is medically unethical,” He believes the medical profession is not likely to accept the practice and may raise their opposition.

He also believes it is not legal for the government to add mandatory vaccination in the employment terms for workers who are already working in Hong Kong and renewing their contracts, as the renewal is deemed as a continuation of employment and a new term not yet mutually agreed to between the employer and employee should not be added.

Concerning the compulsory testing of all foreign domestic workers within eight days, he said the government lacked the evidence for the measure and also expressed concern about the possibility of false positive results that may arise from such a massive amount testing within a short period of time. He noted that false positive results may result in unnecessary quarantine for affected workers and their employers’ families.

“Many foreign domestic workers are not opposed to vaccination but they are only concerned about their health problems, which shows that foreign domestic workers do not have enough medical care as many have not seen a doctor for years,’

Johannie Tong

On an RTHK radio programme on May 3, Johannie Tong Hiu-yan, community relations officer of Mission for Migrant Workers pointed out that compulsory testing on a specific profession or work status was never conducted before when other untraceable cases appeared. She agreed that the measure for foreign domestic worker is discriminatory. 

Besides, the group observed that hordes of migrant workers lined up at testing centres for hours on the previous Sunday with many still waiting outside at five or six o’clock at the mobile testing centre in Chater Road, Central. “They only have one day off from work every week and the need to go to have test that day may have caused conflicts with their employers,” she said. 

She also criticised the government for not giving enough information on testing centres, as most workers seemed to be familiar with only a few where they formed a huge crowds. She said a list of all testing centres should be provided in different languages.

As for the compulsory vaccination, she believes it takes advantage of the low bargaining power of foreign domestic workers and is discriminatory. 

“Many foreign domestic workers are not opposed to vaccination but they are only concerned about their health problems, which shows that foreign domestic workers do not have enough medical care as many have not seen a doctor for years,” she added.

Marites Palma aka Tekla of the Social Justice for Migrant Workers said the mandatory vaccination is discriminatory and will deprive workers with chronic illnesses of their work opportunities. 

She said encouraging workers to get vaccinated takes time and should not be forced. Her group often encourages its members to get vaccinated by telling them about the good effects and approves the posts of those who share their experiences of vaccination on its Facebook page. 

As of May 4, the South China Morning Post reported that chief executive, Carrie Lam Cheng Yuet-ngor, had suspended the plan after it also drew diplomatic fire. However, she said the government still planned to complete its mandatory Covid-19 testing programme for all domestic helpers by May 9. According to a report by RTHK Lam said that that in response to different views about the mandatory vaccination measure on foreign domestic workers, she had asked the Labour and Welfare Bureau to review the proposal and consult the consulates of the sending countries in Hong Kong. 

Lam said she understands vaccination is different from compulsory testing as the health condition of a person has to be considered, and that the requirement was not stated before. She stressed that the government has not fixed a plan yet.

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