EO Files (May 2019)
“THINGS WE DO, PEOPLE WE MEET –
Reflections in Brief”
Hong
Kong has to end the stalemate in fight for equality
Since
taking the reins of the Equal Opportunities Commission (EOC) a month ago, I have
been attending various community events and meeting stakeholders across
different sectors. I am aware that my appointment has raised a few eyebrows,
with a few NGOs writing off my 35 years of experience at the Independent
Commission Against Corruption (ICAC) as irrelevant, or even a potential
liability to human rights advancement.
As
intense as it is, I see the public scrutiny as a positive sign. If anything, it
shows that people continue to believe in the commission’s raison d'être and care strongly about what we do, and how we go
about doing it. Apathy is indeed the last thing we need, especially when the
communities we strive to empower often live in a disadvantaged position.
Still,
I wish the scrutiny would come with a broader understanding of what a champion
of social justice may look like. For one thing, my previous work at the ICAC
and the Independent Police Complaints Council was inspired by an unflinching
belief in building a fair and just society that is free from corruption and
abuse of power. That same commitment to righting social wrongs underlies the
work of the EOC, as we pledge to combat prejudice and discrimination against
marginalised groups.
More
importantly, leading the commission to deliver real impact on Hong Kong’s
equality landscape requires not only a passion for social justice, but also
solid expertise and practical experience – in handling complaints, spearheading
research, and lobbying parties to bridge differences.
My
vision, specifically, is for the commission to go beyond being an advocate of
change, and actively create the conditions favourable for progress. Calls
for legislation against discrimination based on sexual orientation, gender
identity and intersex status, for instance, have persisted over the years, and
yet because of lingering concerns about infringement on the right to freedom of
thought and expression and fears of “reverse discrimination”, the situation has
seemingly descended into an eternal stalemate.
Organisations
at home and abroad commemorate the International Day Against Homophobia,
Transphobia and Biphobia on May 17. I inevitably yearn for the stalemate to end
and some progress to be made. The bottom line is, the reality and gravity of
LGBTI discrimination cannot be shrugged off.
According
to a study the EOC released in 2016, 88% of the LGBTI respondents had
experienced discrimination within the two years prior to the survey. A gay
student was reportedly asked by his school to keep a low profile and threatened
with expulsion after giving a press interview. A transwoman said she was fired
right after she wore a skirt to work.
Across
jurisdictions, there are variations in terms of administrative and legislative
measures addressing LGBTI discrimination, and the public domains they target,
such as employment, education, and provision of goods, services and facilities.
Rather
than remaining stuck in polarised debates, our society needs to set aside
ideological differences and focus on discussing the specifics of practical
measures – whether it is legislation, public education or employer engagement –
with a view to safeguarding the rights of the LGBTI community.
It is precisely this detail-driven,
get-down-to-business approach that I aspire to bring to the table. Being
strategic is crucial, as the work of the commission is both high in volume – in
2018 we handled 1,271 complaints – and manifold, from investigating cases and
conciliating between parties to providing legal assistance, reviewing existing
legislation, and conducting research, policy advocacy, corporate training and
public education.
In fact, the commission has already
taken concrete steps to enhance its services, such as streamlining the
investigation process by making more active use of its statutory powers to
instruct respondents and third parties to furnish information. In 2018, the
number of cases granted legal assistance after unsuccessful conciliation also
went up twofold from 2016.
As an avid Go player, I am no stranger
to the strategy of making connections. I am confident that under my leadership,
the EOC will make the necessary moves in bringing different sectors together to
foster a truly pluralistic and inclusive society in Hong Kong.
Ricky CHU Man-kinChairpersonEqual
Opportunities Commission
(Note:
A version of this article was published in The
South China Morning Post on 18 May 2019.)