Australian Human Rights Commission Australia and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), Shadow report to the CERD Committee – 8 July 2010 organisations’ under the Australian Criminal Code by the Parliamentary Joint Committee on Intelligence and Security (September 2007). Recommendation 38: The Commission recommends that all counter-terrorism laws be rigorously monitored and amended to ensure they comply with Australia’s human rights obligations. 106 7.10 Exploitation of migrant workers (ICERD Articles 2,5,7) 132. The Commission remains concerned about cases of forced labour and exploitation of migrant workers on business (long stay) visas subclass 457 and seasonal work visas. 107 133. In particular the Commission has learned of a number of cases where workers on 457 workers have been denied access to the Commonwealth’s General Employee Entitlements and Redundancy Scheme. The Scheme precludes persons not permanently resident in Australia from receiving basic employee entitlements (such as unpaid wages and redundancy pay) from the Commonwealth if their employer becomes insolvent. 134. The Pacific Islander Seasonal Worker Scheme is a three-year pilot project that was introduced in 2008. The Pilot will allow up to 2500 seasonal workers from Kiribati, Papua New Guinea, Tonga and Vanuatu to work in the horticultural industry in regional Australia for up to seven months each year. The Department of Education, Employment and Workplace Relations are responsible for administering and monitoring the scheme. 135. Under the pilot scheme workers will: • • • • • • • • be allowed to work in Australia for seven months in any twelve months be permitted multiple entries to Australia during this period be able to return to work in future years, if they comply with visa conditions need to maintain private health insurance during their stay not be permitted to apply for another visa while in Australia need to pay for half their international travel, living expenses, and other incidentals be limited to working with approved employers not be able to bring dependents with them. Recommendation 39: That the Australian Government provide a detailed report on what measures it has undertaken to strengthen the integrity of the temporary skilled migration (Subclass 457 visa) program since the Deegan Review in 2008. Recommendation 40: That the Australian Government consider making the Commonwealth’s General Employee Entitlements and Redundancy Scheme accessible to 457 visas holders. Recommendation 41: That the Australian Government provide interim reports on (I) the monitoring and inspection frameworks designed for the seasonal 36