International Law and Racial Discrimination in Hong Kong

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International Law and Racial Discrimination in
Hong Kong

• SOSC 127 International Law

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We want to find out

• the content of International Law on combating
  racial discrimination
• ??????????????
• the relationship between the content and Hong
  Kong
• ??????????
• the prevalence of racial discrimination here
• ????????????

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• the measures that are currently taken by the
  local government
• ??????????
• the things that the government can do further
• ?????????????

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About the law

• International Convention on the Elimination of
  All Forms of Racial Discrimination
• ??????????????

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• each State Party shall prohibit and bring to an
  end, by all appropriate means, including
  legislation as required by circumstances, racial
  discrimination by any persons, group or
  organization
• ???????????????(????, ??????) ????????????????????
  ??

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With Hong Kong

• the Convention was extended to Hong Kong in 1969
  by the British Government.
• ?????1969??????????
• the Convention continues to apply to Hong Kong
  after 1997
• ???,?????????

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Situations here

• According to 2001 Census, 5 (or 344,000) of Hong
  Kongs residents are non-Chinese.
• ??2001??????, ??????????5
• Largest subgroups are of South and Southeast
  Asian origin.
• ???????????????
• Most of these belong to the lower socioeconomic
  level.
• ??????????????

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Population by Ethnicity, 2001
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• Racial Discrimination in Hong Kong Prevalence
  and Impact by CUHK in 2004
• ???????2004????
• Main forms of discrimination as an inability to
  benefit from their rights (43), hatred towards
  other races (42), being ignored (41) as well as
  misunderstanding of others cultural traditions
  (40).
• ?????????????(43) ????(42) ????(41)??????????
  ?(40)

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Racial Discrimination occurs at
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Employment

• Majority employed as Foreign domestic workers
• ???????????
• One third work in Elementary occupation
• ????????????
• Encounter difficulties in finding jobs, job
  interview and promotion.
• ???, ????????????

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• High unemployment rate among ethnic minorities.
• ???????
• According to a SoCO Survey in 2001, the main
  reasons are their Race and Proficiencies in local
  language, Cantonese.
• ???????????2001???, ???????????

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Admission to facilities

• Huge difficulties in entering private facilities.
  
• ????????????
• Sliding-scale of entrance fees based on
  colour-coding system.
• ??????????
• Especially in nightclubs and bars.
• ?????????

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Sale/ Delivery of goods and services

• Discrimination occurs mainly in shops, markets
  and restaurants.
• ??????????, ?????
• Receive impolite services and Priority often
  given to Chinese and Westerners
• ????????????????????????

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Accommodation

• Reluctant services from property agents and
  unwillingness of landlords to rent flats to
  minorities.
• ??????????????????????
• A stereotype of poor and dirty.
• ?????????

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Receiving social services

• Discrimination occurs mainly in Labour Department
  and in public hospitals.
• ???????????
• Language barriers, insensitivity of government
  officials, and discrimination by community
  residents limit their access to social resources.
• ????, ????????????????????????

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Education

• There are limited school choices and places. The
  mother tongue teaching policy has limited the
  numbers of schools available for non-Chinese
  speaking students.
• ????????,????????????.
• Heavy school fees burden.
• ???????

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• A lack of information about the education system
  and the school placement system .
• ????????????????
• A lack of coherent policy in relation to ethnic
  minority students and Pre-job trainings and other
  resources.
• ?????????, ?????????

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Petitioning Hong Kongs Legislative Councillors
in March 2003 before the debate introduce racial
discrimination legislation initiated by Audrey Eu
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Bill of Rights Ordinance

• Applied to Hong Kong since 1991
• ?1991???
• Part of implementation to the ICCPR
• Specifically, under Article 22,
• prohibits the Government and all public
  authorities, and any person acting on behalf of
  the Government or a public authority, from
  engaging in practices that entail racial
  discrimination.

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Measures taken

• Mainly public education and practical assistance.
• ????????
• An Equal Opportunities Funding Scheme which the
  government sponsor NGOs and grassroots
  organizations annually, to disseminate the
  message through community projects.
• ????????, ????????????

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• Leaflets, poster campaigns, and school talks.
• ??, ??????, ????
• In June 2002, the Committee on the Promotion of
  Racial Harmony was established by the Secretary
  for Home Affairs.
• ?2002?6?,???????????

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• Initiation of promotional and educational
  measures and activities.
• ???????????
• The Race Relations Unit established, as
  secretariat of the committee.
• ???????, ???????????

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• Hotline, radio programmes in minority languages
  and thematic Sunday cultural programme.
• ??, ??????????????, ?????????
• After-school support and self-help team.
• ?????????

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Education

• Inclusion of non-Chinese speaking students policy
  by the Education and Manpower Bureau introduced
  to public.
• ?????????????????????
• Language classes and service guidebooks provided.
• ?????????????

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Employment

• Same rights and benefits under the labour laws as
  local citizens
• ???????????
• "Code of Practice Against Discrimination in
  Employment on the Ground of Race" was issued in
  1998, to encourage employers to apply consistent
  criteria through out the employment process.
• Youth Pre-employment Programme and the Young
  Ambassador Scheme ?????????????

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Social Services

• All eligible Hong Kong residents have access to
  welfare benefits under the Bill of Rights and
  Article 36 of the Basic Law.
• ?????, ???????????
• Social Welfare Department is responsible to
  provide a wide range of services include
  childcare, community support, and so forth to
  help all ethnic minorities and other citizens.
• ??????????? ????????

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Legislation

• Hong Kong has an obligation to legislate under
  International Convention on the Elimination of
  All Forms of Racial Discrimination (ICERD)
• No legislation that prohibits all forms of racial
  discrimination on the part of private individuals
  or organizations at present
• ??????????????????????

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• In 2003, the HAB announced plan of legislation
  and drafted on consultation paper.
• ?2003?????????????????

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• A Consultation Paper entitled Legislating
  Against Racial Discrimination was introduced to
  public in September 2004.
• ???????2004???

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The current news
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Criticism

• criticized by the Committee on Economic, Social
  and Cultural Rights (CESCR) in 2001
• ??????????????2001?????

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We suggest

• Legislation
• ??
• Education
• ??
• Social Services
• ????

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Legislation

• The proposed ordinances can have a wider coverage
  on protecting the minorities
• ?????????????????

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Education

• through mass media
• ??????
• cooperation from schools
• ????

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Social services

• active provide of service
• ??????

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Q A session