It should also include effective deterrence
and active processes of enforcement that
meaningfully protect against the payment or
acceptance of employment premiums from
workers.
•
•
•
End the tying of work-visas to a specific
employer. The tying of visas to a specific
employer increases the risk of human rights
abuse. It is important this is addressed.
There are various models to reduce this risk.
One proposal, advanced by the Productivity
Commission, is to allow migrant workers to
freely change between employers but ensure
that movement is recorded and monitored
both for ‘gaming’ and for adverse employer
conduct.3 Another option includes restricting
the worker to an industry, region or job type
without tying them to a specific employer.
This would ensure the worker uses the skills
and contributes to the industry where the
labour market need was identified, while
reducing human rights risks. The AEWV
scheme could look to previous immigration
settings to assist the Canterbury rebuild as
providing an example from which learnings
can be taken.
Ensure better support for migrant workers
under the AEWV scheme including for
the right to housing and health. Workers
lack information on legal rights regarding
their employment, tenancy and health.
Workers also require support in navigating
institutions and in reacting to adverse
human rights experiences. While there are
community organisations, advocates, and
unions who provide this support, access to
and resourcing of, these services appear
to be piecemeal. Likewise, training for
community support and migrant workers
themselves would be a valuable investment.
information) and receive specific information
about ACC entitlements. A structured
scheme of support (independent of
employers) needs to be explored along with
considerations of how it is funded. Reviewing
the Recognised Seasonal Employer scheme’s
worker welfare and pastoral care standards
including the recent 2023 policy review
recommendations would provide some
useful guidance.
•
Extend public health coverage to workers
who transfer to the Migrant Exploitation
Protection Visa. The current settings mean
that workers who transfer from the AEWV visa
to the Migrant Exploitation Protection Visa
can lose public health coverage. This creates
real problems for access to the right to health
and is not consistent with the Government’s
obligations to protect human rights.
•
Ensure effective remedies supported
by government. The United Nations (UN)
Guiding Principles on Business and Human
Rights set out that effective remedy includes
“considering ways to reduce legal, practical
and other relevant barriers that could lead
to a denial of access to remedy”.4 To achieve
this, there needs to be a review of the barriers
to accessing effective remedies (a number
are explored in this review). Government
services need to be appropriately funded
including provision of translation services,
access to labour inspectors, and investigation
of breaches including those reported through
the ‘migrant exploitation hotline’. Consider
how policy settings can be changed to ensure
that workers in the informal economy can
feel safe making complaints of migrant
exploitation.
•
Consider changing policy settings so
that they are enforceable given available
resources. Currently stakeholders report
that Immigration New Zealand (INZ) has
insufficient resources to meaningfully
monitor the tens of thousands of accredited
employers that exist. Without a significant
upscaling of resources, policy settings may
need to be redesigned to better manage
Increase requirements for employers to
provide settlement support. This should
include a requirement on employers
to ensure adequate accommodation
is organised prior to arrival and that
workers are enrolled with primary health
providers (not just a requirement to provide
3
Productivity Commission, ‘Immigration – Fit for the future’ report, p57.
4
UN Guiding Principles, Principle 26, p28, downloaded at https://www.ohchr.org/sites/default/files/documents/publications/
guidingprinciplesbusinesshr_en.pdf.
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