Aotearoa's Moral Failure On Migrant Worker Rights

Richard Wagstaff

There is no place for migrant worker exploitation in a decent society, and yet in Aotearoa New Zealand many migrant workers continue to contend with low wages, exploitation, and abuse.

This week the Human Rights Commission released a review of the Accredited Employer Work Visa (AEWV) scheme, which confirmed widespread exploitation of migrant workers.

Migrants are coming to Aotearoa in search of a better life and opportunities to support their families, but instead many are being charged tens of thousands of dollars for fake jobs and being forced to live in crowded, unhealthy, unsafe housing and campgrounds.

Workers are losing pay, living in poverty, and sliding into an informal economy where they are exploited with little or no pay and long hours, and are being verbally and physically assaulted. Workers' rights are not being upheld and many workers have been repeatedly denied access to union representation.

The report provides compelling evidence that workers are being exploited because of the AEWV policy settings, and that a few tweaks to the system won't work - what's needed is a fundamental overhaul.

The report repeatedly cites strong government and business relationships with unions as an effective means of supporting migrant workers and preventing their exploitation, and the need for proper resourcing of the parts of government responsible for labour rights, migrant exploitation, and prosecuting employers who don't play by the rules.

Concerns about the potential for human trafficking were confirmed by the Human Rights Commission, and the need to implement modern slavery legislation to help prevent that.

The policy settings are completely in the Government's hands. They must immediately respond to the findings of this report, meaningfully consult with migrant workers, community groups, and unions, and set out how it will implement the recommendations. Regulations should ensure that unions have rights to access workplaces to bring unjust practices to light.

But unfortunately based on their record, I'm not holding out hope.

In terms of modern slavery legislation, the Prime Minister and Minister for Workplace Relations and Safety have said reform is "not a priority" and disestablished the Modern Slavery Leadership Advisory Group.

Their general lack of concern for migrant workers is also clear. Just last week Erica Stanford announced changes to the Recognised Seasonal Employer (RSE) scheme, which allows the horticulture and viticulture industries to recruit migrant workers from the Pacific.

The cap on the number of RSE workers will be lifted from 19,500 to 20,750 for the 2024/25 season, while employers will be able to increase accommodation costs and will no longer have to pay RSE workers 10% above the minimum wage.

Instead of addressing the longstanding concerns that the scheme took advantage of vulnerable workers through low-pay and abuse from unscrupulous employers, these changes will mean that migrant workers will get paid even less, while having to pay more for substandard, and often inhumane, accommodation.

The requirement that employers must pay 10 percent above minimum wage to RSE workers is key to avoid a dampening effect on wages across the economy. The Government has been systemically depressing local wages, including through effective cuts to the minimum wage, and now employers will have the opportunity to drive labour costs even lower.

There was no consultation on any of this. with workers or unions. This is unacceptable given the massive impact the policy changes will have on the lives of migrant workers. It also continues a worrying trend from the Government, who have broken with longstanding bipartisan tradition by refusing to meet and engage with unions.

This Government is shamelessly in the pocket of business interests and doesn't want to know about working people.

The union movement is calling for immediate action on ending migrant worker exploitation in Aotearoa through the implementation of the recommendations of the Human Rights Commission review and the reversal of the seasonal worker changes.

Every worker deserves to be treated with fairness and respect, to live free from discrimination and abuse, and to be guaranteed good incomes, safe and secure housing and work that contributes to a meaningful and fulfilling life.

Shamefully, this Government is trampling on the dignity of migrant workers at a time when we should be strengthening their rights and entitlements, not weakening them.

As a society, it's well past time that we took a long hard look in the mirror and accepted our moral obligation to end migrant worker exploitation once and for all.

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