E/C.12/1/Add.107
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E. Suggestions and recommendations
90.
The Committee once again urges HKSAR to implement the Committee’s relevant
suggestions and recommendations, contained in its concluding observations made in 2001
(E/C.12/1/Add.58), as well as in the current ones, and urges it to undertake whatever relevant
concrete measures may be necessary towards their implementation.
91.
The Committee strongly urges HKSAR to extend the protection afforded by the proposed
racial discrimination law to internal migrants from the Mainland, and to put a stop to the
widespread discriminatory practices against them on the basis of their origin. The Committee
further recommends that the relevant provisions of the existing immigration legislation
governing entry into, period of stay, and departure from, HKSAR are amended to ensure full
conformity and consistency with the new racial discrimination legislation.
92.
The Committee recommends that HKSAR reconsider its position regarding the extension
of the Convention relating to the Status of Refugees and its Protocol to its territorial jurisdiction,
and that it strengthen its cooperation with UNHCR, in particular in the formulation of a clear and
coherent asylum policy based on the principle of non-discrimination.
93.
The Committee requests that HKSAR provide, in its next periodic report, the results of
the Equal Opportunities Commission Study on Gender-based Pay Inequalities and the measures
to follow up the findings of the study.
94.
The Committee recommends that HKSAR consider extending its social security system
to cover unemployed workers through the payment of an unemployment benefit based on
contributions from employers and employees.
95.
The Committee urges the State party to review the existing “two-week rule”, with a view
to eliminating discriminatory practices and abuse arising from it, and to improving the legal
protection and benefits for foreign domestic workers so that they are in line with those afforded
to local workers, particularly with regard to wages and retirement benefits. The Committee
recommends that HKSAR enable domestic helpers to acquire pension rights through their
inclusion in the Mandatory Provident Fund.
96.
The Committee urges HKSAR to review the eligibility criteria for the CSSA so as to
ensure that all those in need, including low-income persons and families, older persons and new
migrants are adequately covered by the scheme to enable them to enjoy a decent standard of
living.
97.
The Committee requests that the State party provide, in its next periodic report, detailed
information on the problem of trafficking and commercial sexual exploitation of persons in the
State party and on measures taken to effectively address these problems. The Committee urges
the State party to ensure respect for the necessary procedural safeguards when deporting victims
of trafficking in persons, particularly when such victims are minors, and to provide them with the
necessary medical, psychological and legal support. The Committee requests HKSAR to report
back to the Committee in its next periodic report on the result of the study by the Commission on
Women on domestic violence.