3. Approach to the review
Te Kāhui Tika Tangata Human Rights
Commission (the Commission) has a
responsibility to advocate for and promote
respect for human rights in Aotearoa New
Zealand.8 All people in Aotearoa have the right
to dignity, equality, respect and the protection
of the law.
In 2023, the Commission became aware of
growing concerns about adverse human
rights impacts on workers participating in the
Accredited Employer Work Visa (AEWV) scheme.
This was apparent from media reports and
through human rights concerns raised with
the Commission by community and union
stakeholders.
From January to May 2024, the Commission met
with key stakeholders and workers to better
understand the human rights risks within the
AEWV scheme. We met with:
•
workers participating in the AEWV scheme
(predominantly male workers from China,
India and the Philippines)
•
migrant community workers
•
migrant worker advocates
•
migrant union representatives
•
an ethical recruiter
•
immigration agents
•
a journalist who had extensively covered the
AEWV scheme
•
a business participating in the AEWV scheme
•
a rural community representative.
8
8
The Commission has been impressed by the
genuine commitment from all stakeholders to
ensure the AEWV scheme, and immigration policy
more broadly, protects and respects the human
rights of workers coming to Aotearoa.
During stakeholder engagements, the
Commission identified significant human rights
risks within the AEWV scheme, including risks to
the following rights:
•
to equality and non-discrimination
•
to just and favourable working conditions
•
to an adequate standard of living
•
to health
•
to freedom of association
•
to an effective remedy and access to justice.
Additionally, we have identified the need for the
scheme to adequately protect workers against
human trafficking and modern slavery.
This review focuses on giving voice to the
experiences of workers participating in the AEWV
scheme and acknowledges the direct effect on
them of the human rights risks in the scheme.
Section 5, Human Rights Act 1993.
The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review