Fili’s world

The sexual habits of Chinese foreign workers in western countries is an issue which has occasionally made a few headlines. ESWN reported this week on a Chinese foreign worker who was forced to sign a contract forbidding him “from making anyone pregnant, drunkenness, trouble-making and joining in political or union activity” or “for personal reasons resulting in pregnancy or impregnating others and inflicting physical or mental harm on others” in Australia. This headline was translated by a HK paper to “banning sexual intercourse” resulting in a netizens discussion on “Who has the right to ban Chinese workers from having sexual intercourse?” arguing that this “violates basic human rights”.

Being interested in Chinese culture and people in Israel, I was referred to a story published by the Guardian about Chinese foreign workers in Israel who were forced to sign a no-sex contract from 2003:

“Chinese workers at a company in Israel have been forced to agree not to have sex with or marry Israelis as a condition of getting a job.

According to a contact they are required to sign, male workers may not have any contact with Israeli women - including prostitutes, a police spokesman, Rafi Yaffe, said.

He said there was nothing illegal about the requirement and that no investigation had been opened.

An Israeli lawyer who did not want to be named said while the contract might appear legal, it would be rejected if challenged in court. “The point is that a Chinese worker will agree to anything and then will not have anyone to help them if there is a problem,” he said.

The labourers are also forbidden from engaging in any religious or political activity. The contract states that offenders will be sent back to China at their own expense.”

It’s interesting to note that this article has made its way into the Wikipedia reference for “Chinese in Israel” on “Anti-Chinese racism” with :

“Employers have also been known to impose humiliating restrictions on Chinese workers in their employment contracts. In 2003, a report by The Guardian stated that Chinese workers at an unspecified company had been required to agree not to have sex with or marry Israeli women, including prostitutes, as a condition of getting a job.”

The ESWN discusses two levels of restrictions on foreign workers - first is having sex, and the second is getting someone pregnant. If I understand the ESWN article correct, and I might not, the first one seems wrong and a violation of human rights while the second does not. Why? I’m not really sure, but the article about the no-sex contracts in Israel seems to include both of those. I’ve searched looking for a reason for those restrictions on the Chinese foreign workers, but the only reference I could find was from an anonymous blog comment, which obviously isn’t a very good source of information :

“This is indeed an old article. And Brian (purposely?) neglected to mention that the clause was put in at the Chinese government’s request.” [...]

It would probably depend on the specific company in China or England. This was not “Israel” putting in such a clause, but a company doing it at the behest of the Chinese government.

While I lack the tools to find out whether this is true or not, I am aware that Israel is still trying to figure out how to deal with foreign workers. The question of whether a contract can ban sexual relations or getting a local citizen pregnant is not only a legal issue, but more of an ethics dilemma. Reports claims that there are over 300,000 foreign Chinese workers in the small country of Israel which makes the Chinese foreign workers a noticeable force in the Israeli reality. They work here for years, they marry, they have kids, and with time - they get wealthier. While it’s a global fear that immigrants and foreign workers will affect and change the country, it is also clear that they are to be treated equally and protected by law from evils looking to exploit. There is work being done to help promote foreign workers rights in Israel and protect them from in-justice, but there’s still a long way to go.

(Links for foreign workers rights in Israel : Israeli government portal for foreign workers ; Ministry of Commerce portal ; Hotline for foreign workers)

While there are profound differences, it’s still worth mentioning that I remember I’ve encountered a few regulations in Laos and certain parts of Vietnam where it was made clear to westerners visiting, such as myself, that they are not to have any extra-marital sexual contact with the locals and that marriage with foreigners will not be granted :

“Non-marital sexual relationships between Lao citizens and foreigners are not permitted under Lao law. Permission for marriage or engagement to a Lao citizen must be granted by the Lao authorities. Penalties for failing to register a relationship include fines and imprisonment.” (example from Travel Advise)