The Commission did meet migrant workers who had pursued and resolved personal grievances through standard grievance mechanisms including attending mediation provided by the Ministry of Business, Innovation and Employment (MBIE). We note that in doing so, workers had been supported by migrant unions or other employment advocates. They generally had come in touch with representatives through word-of-mouth or online discussions. The workers expressed general satisfaction with the representation they had received. Problem: Workers report receiving inadequate support when reporting human rights violations to the government through the advertised channel. Workers in the informal economy do not consider they are able to access remedies. • Government: Ensure there is adequate resourcing to respond to and where appropriate investigate migrant exploitation allegations. There appears to be a significant amount of worker peer support. Workers from different national and ethnic backgrounds spoke of social media groups where workers share information in their first language. These groups allow them to connect with other workers on a wide range of matters including housing, immigration and work-related issues, including information (and potentially misinformation) about access to remedy. • Engage with migrant unions and migrant worker advocates to better understand how Government can support scaling up their work to remedy migrant exploitation. • Consider how policy settings can be changed to ensure that workers in the informal economy can feel safe making complaints of migrant exploitation. • Business: Ensure that workers are informed of how employment issues can be raised. Ensure workers have meaningful opportunity to join a union. If a business engages workers on AEWV visas not as employees, for example through subcontracting arrangements, talk to them about their rights at work, provide information on access to remedy in Aotearoa, and ensure that adequate employment standards form part of contracting arrangements. • Community organisations: Provide information to workers about migrant worker unions and advocates. Provide information on employment rights and assure workers they are entitled to seek remedies for violations. Provide emotional and language interpreter support where possible. The UN Guiding Principles on Business and Human Rights further confirm that a primary obligation is on the State to take “appropriate steps to investigate, punish and redress business-related human rights abuses”.113 This includes considering accessible avenues for redress and promoting them in ways that are practical and take into account the unique vulnerabilities and characteristics (including cultural and linguistic) of migrant workers in Aotearoa. It is also important to note that immigration policies should be designed to reduce and eliminate the vulnerability of migrant workers to human rights abuses. As well as the obligations of the State, the business community has obligations to respect human rights. 113 Recommendations: UN Guiding Principles, commentary relating to Principle 25, p27. see https://www.ohchr.org/sites/default/files/documents/ publications/guidingprinciplesbusinesshr_en.pdf 29

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