(Hong Kong, October 9, 2008) The Asian Human Rights Commission (AHRC) today is urging the government of the Philippines to cause an investigation into the involuntary return of a domestic worker after she complained of being paid a lower salary than that stated in her contract.
Thirty-seven year old Maria Mencel Arancanon, a native of Bacolod City, was involuntarily returned to the Philippines by her employer on October 1, three days after she complained of suffering a having high fever and severe pain after she slipped in the bathroom of her employer’s residence while she was working.
In the afternoon of September 28, a local activist accompanied Mencel to assist her in seeking assistance from the Philippine Consulate here in Hong Kong. Apart from complaining about her illness she also complained about receiving a lower salary than the amount described in her contract. Mencel received only HK$ 2,000 a month instead of the $ 3,580 which is the minimum mandatory salary according to local (Hong Kong) regulations. Mencel was also denied days off, which is another regulation in the standard employment contract and forced to work two Sundays in a month.
While they were at the Consulate, instead of promptly acting on her needs, Cora Carsola, an Overseas Filipino Worker (OFW) representative, tried to prevent Mencel and her companion assisting her, from calling an ambulance that would have to take Mencel to a hospital. She claimed that Mencel’s employer must be informed prior to her being taken to a hospital.
However, Mencel, was nevertheless admitted to a hospital after the ambulance they called for arrived.
While she was at the hospital, the husband of Mencel’s employer, Jay Flores, arrived. Despite Mencel’s unstable condition Flores took her back to their house claiming that there was nothing serious about her condition; and that she was allowed to leave the hospital. While sitting in a wheelchair on her way out of the hospital, Mencel told her companion that she was still suffering from pain. She also said she did not understand the conversation between Flores and the doctor who discussed her condition.
Two days before Mencel was returned, she was seen by her fellow workers with her employer inside a fast food. At the time, Mencel was able to reveal her injuries to them as he employer was at the counter paying for their food. Her friends did not approach for fear that they would have problems with her employer.
When the local activist who was helping Mencel went to the Consulate to update them regarding her case, Romy , a staff of the Overseas Workers Welfare Administration (OWWA); and Nida Romulo, the Consulate’s labour attaché took no action and did not elaborate on how they would act in Mencel’s case.
“Both Mencel’s health and financial security could have been upheld if proper care and adequate action was immediately taken,” said Fr. Robert Reyes, a Filipino priest and staff member of the AHRC, who is also helping in Mencel’s case.
Also, a day before Mencel’s involuntary return, the local activist helping her was informed by Carsola, the OFW representative, that her employer had terminated her employment. She was unable to elaborate on any details.
Carsola tried to contact Mencel’s employment agency. The agency did not take any immediate action but promised to check on her later that evening. This prompted the local activists, including Fr. Reyes, to check on Mencel condition at her employer’s residence. However, when they arrived they were told that nobody was home.
The activists then sought the assistance of the police, asking them to check on Mencel’s condition and also to check the status of her employment. However, not having an order from the court the police were unable to enter the house or to speak to Mencel.
The following day, October 1, Mencel has been seen by her fellow domestic worker, together with Flores carrying two large suitcase. It is believed that Mencel has already been sent back to the Philippines.
The AHRC is disappointed by the inadequate action by the staff of the Philippine Consulate and the OWWA here in Hong Kong. Apart from their inadequate action they also tried to deny Mencel from obtaining the assistance she urgent needed. No action or investigations into her allegations of receiving an amount less than her contracted salary and denial of holidays and rest days due to her has been taken.
The Department of Foreign Affairs (DFA) and the OWWA in Manila is therefore urged to have Mencel’s case, and the action taken by Consulate staffs, investigated. Should it proven that those staff involved have neglected their obligations in responding to the domestic worker’s urgent needs, they must be held to account.
