Report cites lack of oversight, regulation, enforcement – offers recommendations
There are "serious gaps" in the implementation of the Recognised Seasonal Employer (RSE) scheme.
And these allow for the exploitation of migrant workers and other human rights abuses, according to the Equal Employment Opportunities (EEO) Commissioner.
"Our engagements with RSE workers have revealed serious gaps in the scheme, which may enable a systemic pattern of human rights abuses throughout the country," said EEO commissioner Saunoamaali'i Karanina Sumeo.
"What's become quite clear is that due to a lack of oversight, regulation, enforcement, and human rights protections within the RSE scheme, employers are able to exploit workers with few consequences if they wish."
New Zealand's RSE scheme allows employers to apply for "Recognised Seasonal Employer" status so they can welcome workers from Pacific Island countries to fill in vacancies within their organisations.
There are systemic human rights issues that need to be addressed under the RSE scheme, she said.
"It has been absolutely distressing to witness the living conditions, exploitative practices and the apparent disrespect on the mana, collective and cultural identity of the workers that are coming from the Pacific to work in our industries here.”
Several violations
Among the potential human rights violations observed are exploitation, unreasonable deductions from their pay, denial of personal and cultural freedoms, and “grossly” inadequate housing.
There were also reports of visas being tied to employers, fears of visa cancellations stemming from employer exploitation, inadequate access to health care, and warning migrant workers against joining unions.
According to Sumeo, these practices breach migrant workers' rights to equality and freedom from discrimination, to just and favourable conditions of work, to freedom of movement, to privacy, to culture, to freedom of association, to health, and to an adequate standard of living.
Recommendations to government
Sumeo consolidated her findings in The RSE Scheme in Aotearoa New Zealand A Human Rights Review, where she also outlined several recommendations for the government.
These include an urgent review of the scheme and implementation of "human rights-based changes" before the next season in 2023.
"I am urging the government to immediately apply a human rights lens to this review and implement a rights-based scheme as soon as possible," Sumeo said.
She also called for the removal of ties between RSE worker visas to a single employer and allowing workers to seek employment within a pool of registered Recognised Seasonal Employers.
Deductions to pay should also be minimal, transparent, and compliant to the Wages Protection Act 1983 and Minimum Wage Act 1983, according to the commissioner, while the government should provide workers with necessary information on joining trade unions.
Efforts should also be made to address the "substandard" living conditions of RSE workers, according to the report, where it should be ensured that they are not living in crowded areas, inadequate-sized bedrooms and living areas, and lack of heating.
Recommendations for employers
Business-related recommendations included requiring them to use standard offers of employment and contracts as required by New Zealand law.
"Employment conditions and worker deductions should be transparent in the agreement," the report said.
Employers should also be prohibited from restricting migrant workers' personal freedom, such as kava drinking outside work hours, as well as limiting leisure activities and freedom of movement.
"Businesses should adopt, implement, and integrate a human rights policy applicable to their company's operations and supply chains," Sumeo said.
The commissioner said she is "hopeful" that her report's recommendations will be considered in reviewing the policies and legislation relevant to the RSE scheme.
"After all, we all want the RSE scheme to be sustainable and beneficial for everyone, including the seasonal workers who contribute hugely to our economic and social wellbeing and prosperity."
Recently, the government said it is welcoming 3,000 more overseas employees as it increased the cap of the RSE Scheme to 19,000 workers.
To boost the protection of migrant workers, Immigration Minister Michael Wood also required employers to provide them with sick leave entitlements, in addition to the pre-existing minimum wage requirement of $22.10.
"We continue to work urgently with the industry and unions on further short-term improvements and employee safeguards to provide greater protections to workers. This work is in addition to our wider policy review to improve the RSE scheme for workers, as previously signalled," Wood said.