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
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