8. Findings of human rights analysis In this section Te Kāhui Tika Tangata Human Rights Commission (the Commission) applies human rights conventions and other human rights principles to the Accredited Employer Work Visa (AEWV) scheme and notes recommendations for improvement.88 8.1 Right to just and favourable working conditions There are several issues related to the right to just and favourable working conditions which are outlined under 8.1. 8.1.1 Exploitative recruitment practices – introduction Stakeholders described the recruitment of workers outside of Aotearoa New Zealand as occurring through a range of methods, including through social media platforms, word of mouth, recruitment agents (both Aotearoa-based and overseas), advertising and recruitment drives. Migrants reported that overseas recruitment agents in some jurisdictions are required to hold accreditation, but that this is often fraudulent and difficult to check. While many workers spoken to were recruited from their home country, a number were recruited from third party countries where they were working as temporary migrant workers. Some had significant experience working overseas. One had previously been a temporary migrant worker in the United States, Singapore and the United Arab Emirates. Workers, immigration agents and advocates spoken to reported it was common for overseas agents to give workers misleading information about the migration experience in Aotearoa. Workers were often given an unrealistic impression of the ease of obtaining residency and the prospect of changing/finding employment (particularly given the AEWV settings). Migrant workers were also misled about their ability to make money and about the living standards they would enjoy. One stakeholder described that many of the workers they had dealt with came from rural agricultural backgrounds and lacked the experience and knowledge to test the truth of claims made by recruitment agents. It was the view of many stakeholders that setting unreasonable expectations was a deliberate tactic to extract the significant premiums for employment often charged to workers. Several workers cited the positive international reputation of New Zealand as a reason they believed the assurances provided by overseas recruitment agents. A common view expressed by migrant workers who paid premiums, but did not get the job offered, was that they had been scammed. They generally considered this occurred through a coordinated deception between overseas recruiters and employers in Aotearoa. Workers and other stakeholders reported significant collaboration between overseas recruitment agents and employers. Workers who had arrived to no job or other negative experiences on arrival, for example substandard accommodation, reported contacting overseas recruitment agents to discuss their concerns and being met with evasive or unhelpful communication. 8.1.2 Exploitative recruitment practices – premiums for employment The AEWV scheme policy, in theory, does not allow the charging of premiums from migrants for employment. It requires that employers must pay all costs and fees inside and outside of Aotearoa for recruitment.89 However, many 88 A full list of all recommendations is provided in section 2 89 See https://www.immigration.govt.nz/new-zealand-visas/preparing-a-visa-application/working-in-nz/work-rights/youremployers-commitments-to-hire-you-on-an-aewv 19