Concerns about the AEWV scheme were also raised in February 2024 by a migrant union spokesperson, who described seeing cases “more like human trafficking and not just exploitation.”106 Whether any specific situation meets the criteria of human trafficking must be assessed on its own facts. However, throughout this review, the Commission heard from workers and key stakeholders that there is widespread recruitment of workers through either fraud or deception for profit. These allegations raise serious concerns that the settings of the AEWV scheme may be facilitating human trafficking, migrant exploitation and modern slavery. The Commission spoke with a worker reporting exploitation in the supply chain of a major event, for example one worker reported they were recruited to work in the security industry in Auckland. However, on arrival they were not provided work or pay for almost one month which put them in a precarious economic position. Finally, they were told they could travel to Wellington where they would be provided work. They travelled to Wellington, at their own cost, and were provided with sporadic security work including for an international sporting event. The United Nations Guiding Principles on Business and Human Rights provide that ‘[i]n order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence”.107 Appropriate modern slavery legislation would be a meaningful way to provide due diligence and ensure that steps are taken by dominant actors in supply chains to ensure there is no exploitation within their supply chain. 24 Problem: Workers participating in the AEWV scheme are at an increased risk of experiencing modern slavery and human trafficking. Recommendations: Government: Introduce effective modern slavery legislation with due diligence and undertake a national plan of action for business and human rights. Business: Familiarise yourself with – and take steps to implement – the UN Guiding Principles on Business and Human Rights. Ensure that you undertake effective due diligence when engaging workers other than as employees, for example through subcontractors, and write decent employment standards into contracting arrangements. Provide information about employment rights and remedies to all workers engaged in your business 8.2 Right to an adequate standard of living – housing and access to food While there is no requirement in the AEWV scheme for employers to provide housing to workers, many workers we spoke to said that housing was a provided (at least initially) by or through their employer. The vast majority of AEWV workers arrive in the country with no, or few, connections beyond their employer and little understanding of tenancy rights or norms. These circumstances are risk factors when it comes to realising the right to an adequate standard of living, including housing and food. Many workers the Commission spoke to reported living in crowded, unhealthy and expensive living conditions, including mouldy rooms. Many experienced broken or inadequate bathroom facilities. 106 https://www.rnz.co.nz/news/indonz/510328/limited-scope-of-accredited-employer-work-visa-review-dismays-immigrationgroups 107 United Nations Guiding Principles on Business and Human Rights, p17 (see https://www.ohchr.org/sites/default/files/ documents/publications/guidingprinciplesbusinesshr_en.pdf). The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review

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