From non-existent jobs and wages to the potential for human trafficking – migrant workers are being exploited, says Te Kāhui Tika Tangata Human Rights Commission’s Equal Employment Opportunities (EEO) Commissioner.

The Commission today released a Human Rights Review of the Accredited Employer Work Visa (AEWV) scheme which sets out a range of urgent human rights concerns and provides recommendations for improving the scheme (see attachment).

Some workers told the Commission they had paid tens of thousands of dollars to recruitment agents but did not get the promised jobs, did not receive the hours or pay rate in their employment agreement, or were dismissed under dubious circumstances, said EEO Commissioner Saunoamaali’i Dr Karanina Sumeo.

The Commission spoke with migrant workers, community and union advocates, immigration advisors and employers. All have concerns about the persistent failings of the scheme, including that workers were being recruited to exploitative or non-existent jobs.

The AEWV scheme is the main temporary work visa for Aotearoa New Zealand. It is intended to make it easier for employers to hire skilled migrants where there is a genuine skill or labour shortage in Aotearoa. Under the scheme, skilled migrants can get a visa to come to Aotearoa to work for a specific accredited employer.

“Workers who enter the country under the scheme and then lose their job are extremely vulnerable. Their visa being tied to a specific employer makes it hard for them to find legitimate work elsewhere, so they often end up taking unregulated, poorly paid work in the informal economy just to survive.

“What we heard goes beyond bad employer conduct and raises real concerns that the AEWV scheme may be enabling potential human trafficking, with signs of systemic migrant exploitation and modern slavery,” says Sumeo.

Underlying risks still present despite previous review and changes

Sumeo is gravely concerned that migrant workers are continuing to experience human rights abuses despite a government-commissioned review of the scheme in February and changes announced in April.

The independent operational review in February outlined many instances of migrant exploitation, including reports that migrant workers were being forced to work illegally as part of organised crime networks.[1] However, the policy settings contributing to exploitation were not part of the review and the changes made in April did not address the underlying human rights risks.

Worker and Commission recommendations to improve the AEWV scheme

Sumeo says a review with a focus on Te Tiriti o Waitangi and human rights is needed to understand the root cause of the scheme’s flaws. The scheme also does not appear to have meaningfully considered Te Tiriti obligations in its design.

Tikanga Māori, with its values of showing and receiving care, respect, kindness and hospitality, would also provide a strong foundation for promoting and respecting human rights.

“We need significant policy changes to ensure that the AEWV scheme promotes positive human rights outcomes. The changes need to include an end to the tying of visas to a specific accredited employer.

“We also need an enforceable framework for ethical recruitment, meaningful business checks, and stronger mechanisms for remedying exploitation stemming from a systemic lack of protection,” said Sumeo

“Over Christmas we saw the heartbreaking situation of hundreds of migrant workers losing their jobs as their employer went into liquidation. These workers did not have access to welfare support and many experienced extreme hardships with some sleeping in cars and relying on food parcels,” says Sumeo.

"We eagerly await changes to the scheme that will address these human rights abuses and risks. The Commission would welcome the opportunity to support a review of the scheme that involves migrant workers, communities, unions, ethical immigration agents and members of the business community.

"Aotearoa New Zealand is a country with much to be proud of and we must continue to raise our standards and uphold, protect and advance human rights for all, including vulnerable migrants."

Workers told the Commission about:

• being scammed out of tens of thousands of dollars by unethical recruiters, losing their job immediately on arrival and then working in the construction sector, often for free on “unpaid trials”. They also obtained paid employment working long hours for well below the minimum wage
• having to live in crowded, unhealthy, unsafe housing or campgrounds and not having enough money for healthy food
• being scared to raise breaches of minimum entitlements and fearing losing their employment and immigration status. Workers described feeling bonded to their employer, with one worker calling the visa their “handcuffs”
• their families at home being left in debt to pay unethical recruiters and/or being threatened because they were unable to make the required repayments without the employment that was promised
• lack of action on complaints of migrant exploitation made to Government agencies. Many who experienced exploitation had not made complaints, and some expressed a lack of faith in the relevant authorities.
• employers who are not financially viable recruiting workers under the AEWV scheme.

Help available for migrant workers

Migrant worker exploitation can be reported to Employment New Zealand via a form on their website or by calling 0800 200 088.

Minimum employee rights in a range of languages.

Te Kāhui Tika Tangata Human Rights Commission provides a free and confidential information and dispute resolution service for complaints about bullying and harassment or discrimination and broader human rights enquiries under the Human Rights Act. The Commission can be contacted on 0800 496 877 or email infoline@hrc.co.nz.

[1] See paragraph [47] of the report on link: https://www.publicservice.govt.nz/publications/assurance-review-of-the-operation-of-the-accredited-employers-work-visa-scheme

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