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