More work needed to protect migrant workers
The Union Network of Migrants (UNEMIG) welcomes the Immigration Amendment Bill (No 2), but loopholes remain open that
facilitate migrant worker exploitation, according to UNEMIG Migrant Workers’ Advocate Dennis Maga.
“There are positive changes in the amendment law, including increased penalties for exploitation, the power to deport
exploitative employers holding residence visas, greater funding to tackle exploitation and removing the different
penalties for exploitation of documented and undocumented migrants,” said Maga.
“However we are disappointed that recommendations we submitted to the Select Committee have not been followed up on.”
“We are particularly concerned that under this law individuals who exploit migrant workers will be able to wind up their
existing company (and in so doing limit their liability), then start a new company and get back to their old tricks.
These individuals need to be made personally liable.”
“We also believe there needs to be a broader application of the ‘open work visa’ category where a prima facie case of
exploitation has been established. Migrant workers struggle to sustain themselves when a case is waiting to be resolved,
and the lack of clarity discourages workers from reporting exploitation.”
“We are also concerned with the power that immigration officers will have to engage in warrantless searches of private
dwellings; it is a breach of the right to be free from arbitrary search and seizure and will also likely discourage
workers from coming forward and reporting migrant worker exploitation at all, which is the real purpose of these
amendments.”
ENDS