2. Recommendations for mitigation and elimination of adverse human rights effects This section has recommendations from migrant workers and Te Kāhui Tika Tangata Human Rights Commission (the Commission) to protect workers and improve the Accredited Employer Work Visa (AEWV) scheme. • Training and support sessions. Migrant workers felt that there should be access to external support and access to better education on legal rights and navigating agencies including government agencies. 2.1 Worker input for change • Better language support at services. Migrant workers felt that language support, particularly provided by government agencies, was sometimes insufficient and was a barrier to accessing support from these agencies. • More accountability for and scrutiny of accredited employers. Migrant workers felt there was insufficient scrutiny of accredited employers and a lack of accountability for conduct that led to adverse human rights outcomes. During engagement with migrant workers on the AEWV scheme, the Commission asked what they thought should be done to better protect them against human rights breaches and exploitation. Their responses included the following themes: • • • 4 Accountability for employers who have taken money. Workers felt that there was a lack of accountability for those that participated in what they felt had been scams. They believed significant money was being made through their exploitation. Their view was that the financial profits were high, and the risk of sanctions was low. When sanctions occurred on people who were responsible for exploitation, workers considered they were insufficient from both a deterrence and moral perspective. Workers felt the system, in its current form, did not deter, and may even encourage exploitation as a profitable business model. Government support for migrant workers including social assistance and job placement. Migrants who suffered exploitation face serious financial hardship and have little access to financial support from government. Workers felt that the government should provide migrant workers who were exploited with financial assistance to meet the basic needs such as access to decent food and housing. Stricter penalties for unfair dismissals. Migrant workers felt there were insufficient penalties for dismissal, particularly where the dismissal occurred in the context of scams or migrant exploitation. 2.2 Commission Recommendations The Commission makes recommendations to Government, businesses and community organisations on how to protect migrant workers from human rights violations. 2.2.1 Recommendations to Government • Review the AEWV scheme with a focus on human rights and Te Tiriti o Waitangi. The policy settings within the AEWV scheme present significant human rights risks. The Commission encourages the Government to carry out a review involving migrant workers, their communities and unions, ethical immigration agents and recruiters, members of the business community, and other stakeholders. • Require effective regulation and standards for the ethical recruitment of migrant workers entering Aotearoa as a condition of employer accreditation. Policy should contain minimum recruitment standards that ensure the protection of human rights. The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review